[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR2.1]

[Page 10-11]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 2--AUTHORITY OF THE COMMISSIONER--Table of Contents
 
Sec. 2.1  Authority of the Commissioner.

    (a) Without divesting the Attorney General of any of his powers, 
privileges, or duties under the immigration and naturalization laws, and 
except as to the Executive Office, the Board, the Office of the Chief 
Special Inquiry Officer, and Special Inquiry Officers, there is 
delegated to the Commissioner the authority of the Attorney General to 
direct the administration of the Service and to enforce the Act and all 
other laws relating to the immigration and naturalization of aliens. The 
Commissioner may issue regulations as deemed necessary or appropriate 
for the exercise of any authority delegated to him by the Attorney 
General, and may redelegate any such authority to any other officer or 
employee of the Service.
    (b) The Commissioner, pursuant to 28 CFR 65.84(a), may execute 
written contingency agreements with State or local law enforcement 
agencies regarding assistance under section 103(a)(8) of the Act, 8 
U.S.C. 1103(a)(8), which may be activated in the event that the Attorney 
General determines that such assistance is required during a period of a 
declared mass influx of aliens, as provided in 28 CFR 65.83(d). Such 
contingency agreements shall not authorize State or local law 
enforcement officers to perform any functions of Service officers or 
employees pursuant to the provisions of section 103(a)(8) of the Act 
until the Attorney General declares that a mass influx of aliens is 
imminent or occurring and specifically authorizes such performance. The 
boundaries of the geographic area of the mass influx of aliens shall be 
defined by the Attorney General. In addition, the Attorney General will 
define the inclusive time period of a mass influx of aliens by declaring 
the beginning and the end of such an event pursuant to 28 CFR 65.83(d). 
Based on evolving developments in the scope of

[[Page 11]]

the event, the Commissioner is authorized to amend and redefine by new 
definition, as necessary, the geographic area defined by the Attorney 
General to expand or decrease the boundaries. This authority shall not 
be further delegated.

[48 FR 8039, Feb. 25, 1983, as amended at 67 FR 48359, July 24, 2002]