S200c Navigating Law Flashcards
Limitations on legal authority
Constitution places limits on how enforcement actions can be legally carried out
Hierarchy legal authority
Us constitution
USC congressional statutes
CFR code of federal regulations
Cbp policies and directives
USC code
Codification of subject matter and permanent laws of the US
Divided into 50 titles
Published every 6 years
Permanent laws
USC titles enforced by cbp
Primarily title 8 (immigration) and 19 (customs)
Title: 5 (labor laws) 6( domestic security) 7(agriculture) 8(aliens and nationality) 15 commerce and trade 17 copyrights 18 criminal procedure
What is the source of all government authority?
The constitution
What USC title is also contained in the Immigration and nationality act?
Title 8
What legal authority source proposed regulations to implement laws in the USC?
CFR
Where can you find copies of cbp policy directives online?
PODS
What are cbp directives?
Statements of internal policy to provide further guidance to officers when exercising legal authority
Based on legal sources
USC
CFR
What is INA?
Reorganization of the immigration laws contained in title 8
Divided into 5 titles
Subdivided into acts and sections
Generally cited by section number
( Etc. INA section 287 or INA 287)
Cite this statute, break it down
19 USC Ss 1589(a)
Title19
Ss section symbol
1589 section
(A) subsection
Which CFR titles are enforced by cbp?
6 homeland security
7agriculture
8 aliens and nationality
19 custom duties
Where would you find general rules of agencys?
CFR