sections 223-226b of Title 22, Foreign Relations and Intercourse, was repealed by section 403 (a) (15) of act June 27, 1952, and is now covered by section 1185 of this title. An Act entitled "An Act to punish the willful injury or destruction of war material or of war premises or utilities used in connection with war material, and for other purposes", approved April 20, 1918, referred to in subsec. (a) (17), was formerly classified to sections 101106 of Title 50, War and National Defense, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and is now covered by sections 2151 and 2153-2156 of Title 18, Crimes and Criminal Procedure. An Act entitled "An Act to authorize the President to 'ncrease temporarily the Military establishment of the Ted States", approved May 18, 1917, or any amendment reof or supplement thereto, referred to in subsec. (a) was formerly classified to sections 201-211 of Apx to Title 50, War and National Defense, and has been omitted as obsolete. The Selective Training and Service Act of 1940, referred to in subsec. (a) (17), was formerly classified to sections 301-318 of Appendix to said Title 50, and has been omitted as obsolete. The Selective Service Act of 1948 and the Universal Military Training Act, referred to in subsec. (a) (17), are classified to sections 3072, 3037, 3209, 3210 and 3292 of Title 10, Armed Forces, and section 451 et seq. of Appendix to Title 50, War and National Defense. An Act entitled "An Act to punish persons who make threats against the President of the United States", approved February 14, 1917, referred to in subsec. (a) (17), was formerly classified to section 89 of Title 18, Crimes and Criminal Procedure, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat, 862, and is now covered by section 871 of Title 18. The Trading With The Enemy Act, referred to in subsec. (a) (17) is classified to sections 1 to 6, 7 to 39 and 41 to 44 of Appendix to Title 50. Sections 6 and 13 of the Penal Code of the United States, referred to in subsec. (a) (17), were formerly classified to sections 6 and 13 of Title 18, Crimes and Criminal Procedure, were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and are now covered by sections 2384 and 960, respectively, of Title 18. An Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies, approved July 2, 1890, referred to in subsec. (a) (17), is classified to sections 1-7 of Title 15, Commerce and Trade. Section 4 of the Immigration Act of February 5, 1917, referred to in subsec. (a) (18), was formerly classified to section 138 of this title, was repealed by section 403 (a) (13) of act June 27, 1952, and is now covered by sections 1326, 1328 and 1329 of this title. 1965-Subsec. AMENDMENTS (a) (10). Pub. L. 89-236 substituted "section 1101(a) (27) (A) of this title" for "section 1101(a) (27) (C) of this title". 1961-Subsec. (f). Pub. L. 87-301 added subsec. (f). 1960 Subsec. (a). Pub. L. 86-648 inserted "or marihuana" following "narcotic drugs" in cl. (11). 1956 Subsec. (a) (11). Act July 18, 1956, § 301 (b), included conspiracy to violate any narcotic law, and the illicit possession of narcotices, as additional grounds for deportation. Subsec. (b). Act July 18, 1956, § 301 (c), inserted "The provisions of this subsection shall not apply in the case of any alien who is charged with being deportable from the United States under subsection (a) (11) of this section." EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 18, 1956, effective July 19, 1956, see section 401 of act July 18, 1956, set out as a note under section 1401 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-236 effective, except as otherwise provided, on the first day of the first month after the expiration of thirty days following the date of enactment of Pub. L. 89-236, which was approved on Oct. 3, 1965, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. EFFECTIVE DATE Section effective 180 days after June 27, 1952, see note set out under section 1101 of this title. CROSS REFERENCES Conspiracy, see chapter 19 of Title 18, Crimes and Criminal Procedure. Convicted aliens, deportation after imprisonment, see section 1252 (h) of this title. Definition of the term Adjacent islands, see section 1101 (b) (5) of this title. Advocates, see section 1101 (a) (2) of this title. Advocating a doctrine, see section 1101 (e) (1) of this title. Advocating the doctrines of world communism, see section 1101 (e) (3) of this title. Affiliation, see section 1101 (e) (2) of this title. title. Crewman, see section 1101 (a) (10) of this title. title. Immigration laws, see section 1101 (a) (17) of this title. Nonimmigrant alien, see section 1101 (a) (15) of this title. Organization, see section 1101 (a) (28) of this title. Service, see section 1101 (a) (34) of this title. Totalitarian party and totalitarian dictatorship, see section 1101 (a) (37) of this title. United States, see section 1101 (a) (38) of this title. Unmarried, see section 1101 (a) (39) of this title. World communism, see section 1101 (a) (40) of this title. Diplomatic and semidiplomatic immunities, see section 1102 of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. Peace Corps programs, deportation of foreign participants pursuant to provisions of this section, see section 2508 of Title 22, Foreign Relations and Intercourse. Principals, see section 2 of Title 18, Crimes and Criminal Procedures. Reprieves and pardons, power of President to grant, see Const. Art. 2, § 2, cl. 1. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1252, 1254 of this title; title 22 sections 618, 2508; title 42 section 402. § 1251a. Repealed. Pub. L. 87-301, § 24(a)(3), Sept. 26, 1961, 75 Stat. 657. Section, Pub. L. 85-316, § 7, Sept. 11, 1957, 71 Stat. 640, excepted the spouse, child or parent of a United States citizen, and aliens admitted between Dec. 22, 1945 and Nov. 1, 1954, inclusive, who misrepresented their nationality, place of birth, identity or residence, provided this latter group did so misrepresent because of fear of persecution because of race, religion or politics if repatriated and not to evade quota restrictions, or an investigation of themselves, from the deportation provisions of section 1251 of this title which declared excludable, those aliens who sought to procure or procured entry into the United States by fraud and misrepresentation, or who were not of the nationality specified in their visas, and authorized the admission, after Sept. 11, 1957, of any alien spouse, parent or child of a United States citizen or of an alien admitted for permanent residence who sought, or had procured fraudulent entry into the United States or admitted committing perjury in connection therewith, if otherwise admissable and the Attorney General consented, and is now covered by subsec. (h) of section 1182 of this title, and subsec. (f) of section 1251 of this title. § 1252. Apprehension and deportation of aliens. (a) Arrest and custody; review of determination by court. Pending a determination of deportability in the case of any alien as provided in subsection (b) of this section, such alien may, upon warrant of the Attorney General, be arrested and taken into custody. Any such alien taken into custody may, in the discretion of the Attorney General and pending such final determination of deportability, (1) be continued in custody; or (2) be released under bond in the amount of not less than $500 with security approved by the Attorney General, containing such conditions as the Attorney General may prescribe; or (3) be released on conditional parole. But such bond or parole, whether heretofore or hereafter authorized, may be revoked at any time by the Attorney General, in his discretion, and the alien may be returned to custody under the warrant which initiated the proceedings against him and detained until final determination of his deportability. Any court of competent jurisdiction shall have authority to review or revise any determination of the Attorney General concerning detention, release on bond, or parole pending final decision of deportability upon a conclusive showing in habeas corpus proceedings that the Attorney General is not proceeding with such reasonable dispatch as may be warranted by the particular facts and circumstances in the case of any alien to determine deportability. (b) Proceedings to determine deportability; removal expenses. A special inquiry officer shall conduct proceedings under this section to determine the deportability of any alien, and shall administer oaths, present and receive evidence, interrogate, examine, and crossexamine the alien or witnesses, and, as authorized by the Attorney General, shall make determinations, including orders of deportation. Determination of deportability in any case shall be made only upon a record made in a proceeding before a special inquiry officer, at which the alien shall have reasonable opportunity to be present, unless by reason of the alien's mental incompetency it is impracticable for him to be present, in which case the Attorney General shall prescribe necessary and proper safeguards for the rights and privileges of such alien. If any alien has been given a reasonable opportunity to be present at a proceeding under this section, and without reasonable cause fails or refuses to attend or remain in attendance at such proceeding, the special inquiry officer may proceed to a determination in like manner as if the alien were present. In any case or class of cases in which the Attorney General believes that such procedure would be of aid in making a determination, he may require specifically or by regulation that an additional immigration officer shall be assigned to present the evidence on behalf of the United States and in such case such additional immigration officer shall have authority to present evidence, and to interrogate, examine and cross-examine the alien or other witnesses in the proceedings. Nothing in the preceding sentence shall be construed to diminish the authority conferred upon the special inquiry officer conducting such proceedings. No special inquiry offi cer shall conduct a proceeding in any case under this section in which he shall have participated in investigative functions or in which he shall have participated (except as provided in this subsection) in prosecuting functions. Proceedings before a special inquiry officer acting under the provisions of this section shall be in accordance with such regulations, not inconsistent with this chapter, as the Attorney General shall prescribe. Such regulations shall include requirements that (1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held; (2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose; (3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence in his own behalf, and to crossexamine witnesses presented by the Government; and (4) no decision of deportability shall be valid unless it is based upon reasonable substantial, and probative evidence. The procedure so prescribed shall be the sole and exclusive procedure for determining the deportability of an alien under this section. In any case in which an alien is ordered deported from the United States under the provisions of this chapter, or of any other law or treaty, the decision of the Attorney General shall be final. In the discretion of the Attorney General, and under such regulations as he may prescribe, deportation proceedings, including issuance of a warrant of arrest, and a finding of deportability under this section need not be required in the case of any alien who admits to belonging to a class of aliens who are deportable under section 1251 of this title if such alien voluntarily departs from the United States at his own expense, or is removed at Government expense as hereinafter authorized, unless the Attorney General has reason to believe that such alien is deportable under paragraphs (4) to (7), (11), (12), (14) to (17), or (18) of section 1251 (a) of this title. If any alien who is authorized to depart voluntarily under the preceding sentence is financially unable to depart at his own expense and the Attorney General deems his removal to be in the best interest of the United States, the expense of such removal may be paid from the appropriation for the enforcement of this chapter. (c) Final order of deportation; place of detention. When a final order of deportation under administrative processes is made against any alien, the Attorney General shall have a period of six months from the date of such order, or, if judicial review is had, then from the date of the final order of the court, within which to effect the alien's departure from the United States, during which period, at the Attorney General's discretion, the alien may be detained, released on bond in an amount and containing such conditions as the Attorney General may prescribe, or released on such other condition as the Attorney General may prescribe. Any court of competent jurisdiction shall have authority to review or revise any determination of the Attorney General concerning detention, release on bond, or other release during such six-month period upon a conclusive showing in habeas corpus proceedings that the Attorney General is not proceeding with such reasonable dispatch as may be warranted by the particular facts and circumstances in the case of any alien to effect such alien's departure from the United States within such six-month period. If deportation has not been practicable, advisable, or possible, or departure of the alien from the United States under the order of deportation has not been effected, within such six-month period, the alien shall become subject to such further supervision and detention pending eventual deportation as is authorized in this section. The Attorney General is authorized and directed to arrange for appropriate places of detention for those aliens whom he shall take into custody and detain under this section. Where no Federal buildings are available or buildings adapted or suitably located for the purpose are available for rental, the Attorney General is authorized, notwithstanding section 5 of Title 41 or section 278a of Title 40 to expend, from the appropriation provided for the administration and enforcement of the immigration laws, such amounts as may be necessary for the acquisition of land and the erection, acquisition, maintenance, operation, remodeling, or repair of buildings, sheds, and office quarters (including living quarters for officers where none are otherwise available), and adjunct facilities, necessary for the detention of aliens. For the purposes of this section an order of deportation heretofore or hereafter entered against an alien in legal detention or confinement, other than under an immigration process, shall be considered as being made as of the moment he is released from such detention or confinement, and not prior thereto. (d) Supervision of deportable alien; violation by alien. Such Any alien, against whom a final order of deportation as defined in subsection (c) of this section, heretofore or hereafter issued has been outstanding for more than six months, shall, pending eventual deportation, be subject to supervision under regulations prescribed by the Attorney General. regulations shall include provisions which will require any alien subject to supervision (1) to appear from time to time before an immigration officer for identification; (2) to submit, if necessary, to medical and psychiatric examination at the expense of the United States; (3) to give information under oath as to his nationality, circumstances, habits, associations, and activities, and such other information, whether or not related to the foregoing, as the Attorney General may deem fit and proper; and (4) to conform to such reasonable written restrictions on his conduct or activities as are prescribed by the Attorney General in his case. Any alien who shall willfully fail to comply with such regulations, or willfully fail to appear or to give information or submit to medical or psychiatric examination if required, or knowingly give false information in relation to the requirements of such regulations, or knowingly violate a reasonable restriction imposed upon his conduct or activity, shall be fined not more than $1,000 or shall be imprisoned not more than one year, or both. (e) Penalty for willful failure to depart; suspension of sentence. Any alien against whom a final order of deportation is outstanding by reason of being a member of any of the classes described in paragraphs (4) to (7), (11), (12), (14) to (17), or (18) of section 1251 (a) of this title, who shall willfully fail or refuse to depart from the United States within a period of six months from the date of the final order of deportation under administrative processes, or, if judicial review is had, then from the date of the final order of the court, or September 23, 1950, whichever is the later, or shall willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure, or who shall connive or conspire, or take any other action, designed to prevent or hamper or with the purpose of preventing or hampering his departure pursuant to such order of deportation, or who shall willfully fail or refuse to present himself for deportation at the time and place required by the Attorney General pursuant to such order of deportation, shall upon conviction be guilty of a felony, and shall be imprisoned not more than ten years: Provided, That this subsection shall not make it illegal for any alien to take any proper steps for the purpose of securing cancellation of or exemption from such order of deportation or for the purpose of securing his release from incarceration or custody: Provided further, That the court may for good cause suspend the sentence of such alien and order his release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as (1) the age, health, and period of detention of the alien; (2) the effect of the alien's release upon the national security and public peace or safety; (3) the likelihood of the alien's resuming or following a course of conduct which made or would make him deportable; (4) the character of the efforts made by such alien himself and by representatives of the country or countries to which his deportation is directed to expedite the alien's departure from the United States; (5) the reason for the inability of the Government of the United States to secure passports, other travel documents, or deportation facilities from the country or countries to which the alien has been ordered deported; and (6) the eligibility of the alien for discretionary relief under the immigration laws. (f) Unlawful reentry. Should the Attorney General find that any alien has unlawfully reentered the United States after having previously departed or been deported pursuant to an order of deportation, whether before or after June 27, 1952, on any ground described in any of the paragraphs enumerated in subsection (e) of this section, the previous order of deportation shall be deemed to be reinstated from its original date and such alien shall be deported under such previous order at any time subsequent to such reentry. For the purposes of subsection (e) of this section the date on which the finding is made that such reinstatement is appropriate shall be deemed the date of the final order of deportation. (g) Voluntary deportation; payment of expenses. If any alien, subject to supervision or detention under subsections (c) or (d) of this section, is able to depart from the United States under the order of deportation, except that he is financially unable to pay his passage, the Attorney General may in his discretion permit such alien to depart voluntarily, and the expense of such passage to the country to which he is destined may be paid from the appropriation for the enforcement of this chapter, unless such payment is otherwise provided for under this chapter. (h) Service of prison sentence prior to deportation. An alien sentenced to imprisonment shall not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation. (June 27, 1952, ch. 477, title II, ch. 5, § 242, 66 Stat. 208; Sept. 3, 1954, ch. 1263, § 17, 68 Stat. 1232.) AMENDMENTS 1954 Subsec. (d). Act Sept. 3, 1954, deleted phrase "shall upon conviction be guilty of a felony." EFFECTIVE DATE Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title. CROSS REFERENCES Alien deported in pursuance of law, see section 1101 (g) of this title. Conspiracy, see chapter 19 of Title 18, Crimes and Criminal Procedure. Definition of the term Allen, see section 1101 (a) (3) of this title. Attorney General, see section 1101 (a) (5) of this title. Immigration laws, see section 1101 (a) (17) of this title. Immigration officer, see section 1101 (a) (18) of this title. National, see section 1101 (a) (21) of this title. Passport, see section 1101 (a) (30) of this title. Special inquiry officer, see section 1101 (b) (4) of this title. United States, see section 1101 (a) (38) of this title. Felony classified as an offense punishable by death or imprisonment for a term not exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. Habeas corpus, see chapter 153 of Title 28, Judiciary and Judicial Procedure. Judicial review of orders of deportation, see section 1105a of this title. Peace Corps programs, deportation of foreign participants pursuant to provisions of this section, see section 2508 of Title 22, Foreign Relations and Intercourse. Sentence Sentence, judgment and execution, see chapter 227 of Title 18, Crimes and Criminal Procedure. Suspension of sentence and probation. see section 3651 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1282 of this title; title 22 sections 618, 2508; title 40 section 613. § 1253. Countries to which aliens shall be deported. (a) Acceptance by designated country; deportation upon nonacceptance by country. The deportation of an alien in the United States provided for in this chapter, or any other Act or treaty, shall be directed by the Attorney General to a country promptly designated by the alien if that country is willing to accept him into its territory, unless the Attorney General, in his discretion, concludes that deportation to such country would be prejudicial to the interests of the United States. No alien shall be permitted to make more than one such designation, nor shall any alien designate, as the place to which he wishes to be deported, any foreign territory contiguous to the United States or any island adjacent thereto or adjacent to the United States unless such alien is a native, citizen, subject, or national of, or had a residence in such designated foreign contiguous territory or adjacent island. If the government of the country designated by the alien fails finally to advise the Attorney General within three months following original inquiry whether that government will or will not accept such alien into its territory, such designation may thereafter be disregarded. Thereupon deportation of such alien shall be directed to any country of which such alien is a subject national, or citizen if such country is willing to accept him into its territory. If the government of such country fails finally to advise the Attorney General or the alien within three months following the date of original inquiry, or within such other period as the Attorney General shall deem reasonable under the circumstances in a particular case, whether that government will or will not accept such alien into its territory, then such deportation shall be directed by the Attorney General within his discretion and without necessarily giving any priority or preference because of their order as herein set forth either(1) to the country from which such alien last entered the United States; (2) to the country in which is located the foreign port at which such alien embarked for the United States or for foreign contiguous territory; (3) to the country in which he was born; (4) to the country in which the place of his birth is situated at the time he is ordered deported; (5) to any country in which he resided prior to entering the country from which he entered the United States; (6) to the country which had sovereignty over the birthplace of the alien at the time of his birth; or (7) if deportation to any of the foregoing places or countries is impracticable, inadvisable, or impossible, then to any country which is willing to accept such alien into its territory. (b) Deportation during war. If the United States is at war and the deportation, in accordance with the provisions of subsection (a) of this section, of any alien who is deportable under any law of the United States shall be found by the Attorney General to be impracticable, inadvisable, inconvenient, or impossible because of enemy occupation of the country from which such alien came or wherein is located the foreign port at which he embarked for the United States or because of reasons connected with the war, such alien may, in the discretion of the Attorney General, be deported as follows: (1) if such alien is a citizen or subject of a country whose recognized government is in exile, to the country in which is located that government in exile if that country will permit him to enter its territory; or (2) if such alien is a citizen or subject of a country whose recognized government is not in exile, then to a country or any political or territorial subdivision thereof which is proximate to the country of which the alien is a citizen or subject, or, with the consent of the country of which the alien is a citizen or subject, to any other country. (c) Payment of deportation costs; within five years. If deportation proceedings are instituted at any time within five years after the entry of the alien for causes existing prior to or at the time of entry. the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this chapter, and the deportation from such port shall be at the expense of the owner or owners of the vessels, aircraft, or other transportation lines by which such alien came to the United States, or if in the opinion of the Attorney General that is not practicable, at the expense of the appropriation for the enforcement of this chapter: Provided, That the costs of the deportation of any such alien from such port shall not be assessed against the owner or owners of the vessels, aircraft, or other transportation lines in the case of any alien who arrived in possession of a valid unexpired immigrant visa and who was inspected and admitted to the United States for permanent residence. In the case of an alien crewman, if deportation proceedings are instituted at any time within five years after the granting of the last conditional permit to land temporarily under the provisions of section 1282 of this title, the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this chapter and the deportation from such port shall be at the expense of the owner or owners of the vessels or aircraft by which such alien came to the United States, or if in the opinion of the Attorney General that is not practicable, at the expense of the appropriation for the enforcement of this chapter. (d) Same; subsequent to five years. If deportation proceedings are instituted later than five years after the entry of the alien, or in the case of an alien crewman later than five years after the granting of the last conditional permit to land temporarily, the cost thereof shall be payable from the appropriation for the enforcement of this chapter. (e) Same; refusal of transportation lines to pay. A failure or refusal on the part of the master, commanding officer, agent, owner, charterer, or consignee of a vessel, aircraft, or other transportation line to comply with the order of the Attorney General to take on board, guard safely, and transport to the destination specified any alien ordered to be deported under the provisions of this chapter, or a failure or refusal by any such person to comply with an order of the Attorney General to pay deportation expenses in accordance with the requirements of this section, shall be punished by the imposition of a penalty in the sum and manner prescribed in section 1227 (b) of this title. (f) Payment of expenses of physically incapable deportees. When in the opinion of the Attorney General the mental or physical condition of an alien being deported is such as to require personal care and attendance, the Attorney General shall, when necessary, employ a suitable person for that purpose who shall accompany such alien to his final destination, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accompanied alien is defrayed, and any failure or refusal to defray such expenses shall be punished in the manner prescribed by subsection (e) of this section. (g) Countries delaying acceptance of deportees. Upon the notification by the Attorney General that any country upon request denies or unduly delays acceptance of the return of any alien who is a national, citizen, subject, or resident thereof, the Secretary of State shall instruct consular officers performing their duties in the territory of such country to discontinue the issuance of immigrant visas to nationals, citizens, subjects, or residents of such country, until such time as the Attorney General shall inform the Secretary of State that such country has accepted such alien. (h) Withholding of deportation. The Attorney General is authorized to withhold deportation of any alien within the United States to any country in which in his opinion the alien would be subject to persecution on account of race, religion, or political opinion and for such period of time as he deems to be necessary for such reason. (June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat. 214; Oct. 3, 1965, Pub. L. 89-236, § 11(f), 79 Stat. 918.) AMENDMENTS 1965 Subsec. (h). Pub. L. 89-236 substituted "persecution on account of race, religion, or political opinion" for "physical persecution". EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-236 effective, except as otherwise provided, on the first day of the first month after the expiration of thirty days following the date of enactment of Pub. L. 89-236, which was approved on Oct. 3, 1965, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. CROSS REFERENCES Definition of the term Adjacent islands, section 1101 (b) (5) of this title. Alien, see section 1101 (a) (3) of this title. Attorney General, see section 1101 (a) (5) of this title. Consular officer, see section 1101 (a) (9) of this title. Crewman, see section 1101 (a) (10) of this title. Immigrant visa, see section 1101 (a) (16) of this title. National, see section 1101 (a) (21) of this title. Permanent, see section 1101 (a) (31) of this title. |