| Section 104 of the Immigration and Naturalization Act (INA) sets forth the powers and duties of the Secretary of State of the United States. It also establishes several offices relating to immigration issues.
Powers and Duties of the Secretary of State
Pursuant to §104, the Secretary of State is responsible for the enforcement of specific immigration laws. These laws include those relating to the determination of the nationality of people who are not physically in the United States. The Secretary of State is also responsible for laws relating to the powers and duties of diplomatic and consular officers of the United States and the powers and duties of an Immigration Administrator, as appointed by the Secretary of State. The Administrator must be a U.S. citizen. The Administrator's duties are those that are delegated or directed by the Secretary of State. The Administrator is also responsible for maintaining contact with the relevant Congressional committees.
The Secretary of State is also responsible for establishing federal regulations and establishing reports and other documents necessary for carrying out such regulations. The Secretary of State may also delegate any duties of a Department of State or American Foreign Service employee to any employee of the United States, as long as the employee's department consents to such delegation.
Immigration Offices
Section 104 of the INA also establishes several offices within the U.S. Department of State. These include a Passport Office and a Visa Office. Each office must be headed by a Director. The Directors of the Passport and Visa Offices must be experienced in nationality and immigration laws. The Visa Office also has a General Counsel. The General Counsel serves at the direction of the Department of State's Legal Advisor. The General Counsel is responsible for ensuring uniform interpretation of the INA. This includes maintaining contact with various immigration officials, including the United States Customs and Immigration Service.
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