Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 98102191 | Dated October 21, 1998
SEC. 2222. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Births Abroad.-- Section 33 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding at the end the following: ``For purposes of this paragraph, the term `consular officer' includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 1689 of the Revised Statutes (22 U.S.C. 4191) is amended by inserting ``and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may prescribe'' after ``such officers''.
(c) Persons Authorized To Authenticate Foreign Documents.--
(1) Designated united states citizens performing notarial acts.--Section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221) is further amended by inserting after the first sentence: ``At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer.''.
(2) Definition of consular officers.--Section 3492(c) of title 18, United States Code, is amended by adding at the end the following: ``For purposes of this section and sections 3493 through 3496 of this title, the term `consular officers' includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of title 35, United States Code, is amended by adding at the end the following: ``For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).''.
(e) Definition of Consular Officer.--Section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by--
(1) inserting ``or employee'' after ``officer'' the second place it appears; and
(2) inserting before the period at the end of the sentence ``or, when used in title III, for the purpose of adjudicating nationality''.
(f) Training for Employees Performing Consular Functions.-- Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection:
``(d)(1) Before a United States citizen employee (other than a diplomatic or consular officer of the United States) may be designated by the Secretary of State, pursuant to regulation, to perform a consular function abroad, the United States citizen employee shall--
``(A) be required to complete successfully a program of training essentially equivalent to the training that a consular officer who is a member of the Foreign Service would receive for purposes of performing such function; and
``(B) be certified by an appropriate official of the Department of State to be qualified by knowledge and experience to perform such function.
``(2) As used in this subsection, the term `consular function' includes the issuance of visas, the performance of notarial and other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship documentation.''.
Cite as AILA Doc. No. 98102191.