chapter, that the applicant is entitled to special immigrant or immediate relative status. (June 27, 1952, ch. 477, title II, ch. 3, § 224, 66 Stat. 195; Oct. 3, 1965, Pub. L. 89-236, § 11(d), 79 Stat. 918.) AMENDMENTS 1965-Pub. L. 89-236 struck out reference to sections 1154 and 1155 of this title and substituted "special immigrant or immediate relative" for "nonquota immigrant". EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. CROSS REFERENCES Definition of consular officer, immigrant visa, special immigrant, see section 1101 of this title. § 1205. Repealed. Pub. L. 87-301, § 24(a)(2), Sept. 26, 1961, 75 Stat. 657 Section, Pub. L. 85-316, § 4, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86-253, § 2, Sept. 9, 1959, 73 Stat. 490; Pub. L. 86-648, § 7, July 14, 1960, 74 Stat. 505, related to nonquota immigrant visas for eligible orphans. PART IV-PROVISIONS RELATING TO ENTRY AND EXCLUSION § 1221. Lists of alien and citizen passengers arriving and departing (a) Shipment or aircraft manifest; arrival; form and contents; exclusions Upon the arrival of any person by water or by air at any port within the United States from any place outside the United States, it shall be the duty of the master or commanding officer, or authorized agent, owner, or consignee of the vessel or aircraft, having any such person on board to deliver to the immigration officers at the port of arrival typewritten or printed lists or manifests of the persons on board such vessel or aircraft. Such lists or manifests shall be prepared at such time, be in such form and shall contain such information as the Attorney General shall prescribe by regulation as being necessary for the identification of the persons transported and for the enforcement of the immigration laws. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person arriving by air on a trip originating in foreign contiguous territory, except (with respect to such arrivals by air) as may be required by regulations issued pursuant to section 1229 of this title. (b) Departure; shipment or aircraft manifest; form and contents; exclusions It shall be the duty of the master or commanding officer or authorized agent of every vessel or aircraft taking passengers on board at any port of the United States, who are destined to any place outside the United States, to file with the immigration officers before departure from such port a list of all such persons taken on board. Such list shall be in such form, con tain such information, and be accompanied by such documents, as the Attorney General shall prescribe by regulation as necessary for the identification of the persons so transported and for the enforcement of the immigration laws. No master or commanding officer of any such vessel or aircraft shall be granted clearance papers for his vessel or aircraft until he or the authorized agent has deposited such list or lists and accompanying documents with the immigration officer at such port and made oath that they are full and complete as to the information required to be contained therein, except that in the case of vessels or aircraft which the Attorney General determines are making regular trips to ports of the United States, the Attorney General may, when expedient, arrange for the delivery of lists of outgoing persons at a later date. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person departing by air on a trip originating in the United States who is destined to foreign contig. uous territory, except (with respect to such departure by air) as may be required by regulations issued pursuant to section 1229 of this title. (c) Record of citizens and resident aliens leaving permanently for foreign countries The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen or national, the facts on which claim to that status is based. (d) Penalties against noncomplying shipments or air craft If it shall appear to the satisfaction of the Attorney General that the master or commanding officer, owner, or consignee of any vessel or aircraft, or the agent of any transportation line, as the case may be, has refused or failed to deliver any list or manifest required by subsection (a) or (b) of this section, or that the list or manifest delivered is not accurate and full, such master or commanding officer, owner, or consignee, or agent, as the case may be, shall pay to the Commissioner the sum of $300 for each person concerning whom such accurate and full list or manifest is not furnished, or concerning whom the manifest or list is not prepared and sworn to as prescribed by this section or by reg. ulations issued pursuant thereto. No vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it remains unpaid, and no such penalty shall be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty. (e) Waiver of requirements The Attorney General is authorized to prescribe the circumstances and conditions under which the list or manifest requirements of subsections (a) and (b) of this section may be waived. (June 27, 1952, ch. 477, title II, ch. 4, § 231, 66 Stat. 195; Dec. 29, 1981, Pub. L. 97-116, § 18(g), 95 Stat. 1620; Nov. 29, 1990, Pub. L. 101-649, title V, § 543(a)(1), 104 Stat. 5057; Dec. 12, 1991, Pub. L. 102-232, title III, § 306(c)(4)(A), 105 Stat. 1752.) AMENDMENTS 1991-Subsec. (d). Pub. L. 102-232 substituted "Commissioner" for "collector of customs" after "deposit with the". 1990-Subsec. (d). Pub. L. 101-649 substituted "Commissioner the sum of $300" for "collector of customs at the port of arrival or departure the sum of $10". 1981-Subsec. (d). Pub. L. 97-116 substituted "subsection" for "subsections". EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title. EFFECTIVE Date of 1990 AMENDMENT Section 543(c) of Pub. L. 101-649 provided that: "The amendments made by subsections (a) and (b) [amending this section and sections 1227, 1229, 1282, 1284 to 1287, 1321 to 1323, and 1325 to 1328 of this title] shall apply to actions taken after the date of the enactment of this Act (Nov. 29, 1990]." EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. Bonds CROSS REFERENCES Bond from nonimmigrant alien as prerequisite to admission to the United States, see section 1184 of this title. Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain physical disabilities, see section 1183 of this title. Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see section 1201 of this title. Exaction from excludable aliens applying for temporary admission, see section 1182 of this title. Forms to be prescribed by Attorney General, see section 1103 of this title. Definition of the term Alien, see section 1101(a)(3) of this title. Attorney General, see section 1101(a)(5) of this title. Crewman, see section 1101(a)(10) 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. National of the United States, see section 1101(a)(22) of this title. Permanent, see section 1101(a)(31) of this title. Residence, see section 1101(a)(33) of this title. United States, see section 1101(a)(38) of this title. Unmarried, see section 1101(a)(39) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1330 of this title. § 1222. Detention of aliens for observation and examination upon arrival For the purpose of determining whether aliens (including alien crewmen) arriving at ports of the United States belong to any of the classes excluded by this chapter, by reason of being afflicted with any of the diseases or mental or physical defects or disabilities set forth in section 1182(a) of this title, or whenever the Attorney General has received information showing that any aliens are coming from a country or have embarked at a place where any of such diseases are prevalent or epidemic, such aliens shall be detained by the Attorney General for a sufficient time to enable the immigration officers and medical officers to subject such aliens to observation and an examination sufficient to determine whether or not they belong to the excluded classes. (June 27, 1952, ch. 477, title II, ch. 4, § 232, 66 Stat. 196; Oct. 18, 1986, Pub. L. 99-500, § 101(b) [title II, § 206(a), formerly § 206], 100 Stat. 1783-39, 1783-56, renumbered § 206(a), Oct. 24, 1988, Pub. L. 100-525, § 4(b)(1), 102 Stat. 2615; Oct. 30, 1986, Pub. L. 99-591, § 101(b) [title II, § 2061, 100 Stat. 3341-39, 3341-56; Oct. 24, 1988, Pub. L. 100-525, § 4(b)(2), (d), 102 Stat. 2615.) AMENDMENTS 1988-Pub. L. 100-525 amended Pub. L. 99-500 and 99-591. See 1986 Amendment note below. 1986-Pub. L. 99-500, § 101(b) [title II, § 206(a), formerly § 2061, as redesignated and amended by Pub. L. 100-525, § 4(b)(1), (2), substituted "by the Attorney General" for "on board the vessel or at the airport of arrival of the aircraft bringing them, unless the Attorney General directs their detention in a United States immigration station or other place specified by him at the expense of such vessel or aircraft except as otherwise provided in this chapter, as circumstances may require or justify,". Pub. L. 99-591, § 101(b) [title II, § 206], a corrected version of Pub. L. 99-500, § 101(b) [title II, § 206(a)], was repealed by Pub. L. 100-525, § 4(d), effective as of Oct. 30, 1986. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 4(b)(1), (2) of Pub. L. 100-525 effective as if included in enactment of Department of Justice Appropriation Act, 1987 (as contained in section 101(b) of Pub. L. 99-500), see section 4(c) of Pub. L. 100-525, set out as a note under section 1227 of this title. CROSS REFERENCES Definition of alien, Attorney General, crewman, and immigration officer, see section 1101 of this title. § 1223. Repealed. Pub. L. 99-500, § 101(b) [title II, § 206(a), formerly § 206], Oct. 18, 1986, 100 Stat. 1783-39, 1783-56; renumbered § 206(a) and amended Pub. L. 100-525, § 4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615 Section, act June 27, 1952, ch. 477, title II, ch. 4, § 233, 66 Stat. 197, related to examinations of aliens upon arrival in the United States. Pub. L. 99-591, § 101(b) [title II, § 206], Oct. 30, 1986, 100 Stat. 3341-56, formerly listed as one of two laws which repealed this section, was itself repealed by Pub. L. 100-525, § 4(d), Oct. 24, 1988, 102 Stat. 2615, effective as of Oct. 30, 1986. § 1224. Physical and mental examinations; appeal of findings The physical and mental examination of arriving aliens (including alien crewmen) shall be made by medical officers of the United States Public Health Service, who shall conduct all medical examinations and shall certify, for the information of the immigration officers and the special inquiry officers, any physical and mental defect or disease observed by such medical officers in any such alien. If medical officers of the United States Public Health Service are not available, civil surgeons of not less than four years' professional experience may be employed for such service upon such terms as may be prescribed by the Attorney General. Aliens (including alien crewmen) arriving at ports of the United States shall be examined by at least one such medical officer or civil surgeon under such administrative regulations as the Attorney General may prescribe, and under medical regulations prepared by the Secretary of Health and Human Services. Medical officers of the United States Public Health Service who have had special training in the diagnosis of insanity and mental defects shall be detailed for duty or employed at such ports of entry as the Attorney General may designate, and such medical officers shall be provided with suitable facilities for the detention and examination of all arriving aliens who it is suspected may be excludable under paragraph (1) of section 1182(a) of this title, and the services of interpreters shall be provided for such examination. Any alien certified under paragraph (1) of section 1182(a) of this title, may appeal to a board of medical officers of the United States Public Health Service, which shall be convened by the Secretary of Health and Human Services, and any such alien may introduce before such board one expert medical witness at his own cost and expense. (June 27, 1952, ch. 477, title II, ch. 4, § 234, 66 Stat. 198; Oct. 24, 1988, Pub. L. 100-525, § 9(k), 102 Stat. 2620; Nov. 29, 1990, Pub. L. 101-649, title VI, § 603(a)(10), 104 Stat. 5083.) AMENDMENTS 1990-Pub. L. 101-649 substituted "paragraph (1)” for "paragraphs (1), (2), (3), (4), or (5)” wherever appearing. 1988-Pub. L. 100-525 substituted "Secretary of Health and Human Services" for "Surgeon General of the United States Public Health Service" wherever appearing. EFFECTIVE Date of 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. DESIGNATION OF UNITED STATES MILITARY PHYSICIANS AS CIVIL SURGEONS Pub. L. 102-484, div. A, title X, § 1079, Oct. 23, 1992, 106 Stat. 2514, provided that: "Notwithstanding any other provision of law, United States military physicians with not less than four years professional experience shall be considered to be civil surgeons for the purpose of the performance of physical examinations required under section 234 of the Immigration and Nationality Act (8 U.S.C. 1224) of special immigrants described in section 101(a)(27)(K) of such Act (8 U.S.C. 1101(a)(27)(K)).” CROSS REFERENCES Definition of alien, Attorney General, crewman, entry, immigration officer, and special inquiry officer, see section 1101 of this title. Public Health Service, see section 201 et seq. of Title 42, The Public Health and Welfare. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1226 of this title. § 1225. Inspection by immigration officers (a) Powers of officers The inspection, other than the physical and mental examination, of aliens (including alien crewmen) seeking admission or readmission to or the privilege of passing through the United States shall be conducted by immigration officers, except as otherwise provided in regard to special inquiry officers. All aliens arriving at ports of the United States shall be examined by one or more immigration officers at the discretion of the Attorney General and under such regulations as he may prescribe. Immigration officers are authorized and empowered to board and search any vessel, aircraft, railway car, or other conveyance, or vehicle in which they believe aliens are being brought into the United States. The Attorney General and any immigration officer, including special inquiry officers, shall have power to administer oaths and to take and consider evidence of or from any person touching the privilege of any alien or person he believes or suspects to be an alien to enter, reenter, pass through, or reside in the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service, and, where such action may be necessary, to make a written record of such evidence. Any person coming into the United States may be required to state under oath the purpose or purposes for which he comes, the length of time he intends to remain in the United States, whether or not he intends to remain in the United States permanently and, if an alien, whether he intends to become a citizen thereof, and such other items of information as will aid the immigration officer in determining whether he is a national of the United States or an alien and, if the latter, whether he belongs to any of the excluded classes enumerated in section 1182 of this title. The Attorney General and any immigration officer, including special inquiry officers, shall have power to require by subpena the attendance and testimony of witnesses before immigration officers and special inquiry officers and the production of books, papers, and documents relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service, and to that end may invoke the aid of any court of the United States. Any United States district court within the jurisdiction of which investigations or inquiries are being conducted by an immigration officer or special inquiry officer may, in the event of neglect or refusal to respond to a subpena issued under this subsection or refusal to testify before an immigration officer or special inquiry officer, issue an order requiring such persons to appear before an immigration officer or special inquiry officer, produce books, papers, and documents if demanded, and testify, and any failure to obey such order of the court may be punished by the court as a contempt thereof. (b) Detention for further inquiry; challenge of favorable decision Every alien (other than an alien crewman), and except as otherwise provided in subsection (c) of this section and in section 1323(d) of this title, who may not appear to the examining immigration officer at the port of arrival to be clearly and beyond a doubt entitled to land shall be detained for further inquiry to be conducted by a special inquiry officer. The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to land is so challenged, before a special inquiry officer for further inquiry. (c) Temporary exclusion; permanent exclusion by Attorney General Any alien (including an alien crewman) who may appear to the examining immigration officer or to the special inquiry officer during the examination before either of such officers to be excludable under subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title shall be temporarily excluded, and no further inquiry by a special inquiry officer shall be conducted until after the case is reported to the Attorney General together with any such written statement and accompanying information, if any, as the alien or his representative may desire to submit in connection therewith and such an inquiry or further inquiry is directed by the Attorney General. If the Attorney General is satisfied that the alien is excludable under any of such paragraphs on the basis of information of a confidential nature, the disclosure of which the Attorney General, in the exercise of his discretion, and after consultation with the appropriate security agencies of the Government, concludes would be prejudicial to the public interest, safety, or security, he may in his discretion order such alien to be excluded and deported without any inquiry or further inquiry by a special inquiry officer. Nothing in this subsection shall be regarded as requiring an inquiry before a special inquiry officer in the case of an alien crewman. (June 27, 1952, ch. 477, title II, ch. 4, § 235, 66 Stat. 198; Nov. 29, 1990, Pub. L. 101-649, title VI, § 603(a)(11), 104 Stat. 5083.) AMENDMENTS 1990-Subsec. (c). Pub. L. 101-649 substituted "subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title" for "paragraph (27), (28), or (29) of section 1182(a) of this title". EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. FEDERAL RULES OF CRIMINAL PROCEDURE Criminal contempt, see rule 42, Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Contempts, see section 401 et seq. of Title 18, Crimes and Criminal Procedure. Definition of the term Alien, see section 1101(a)(3) of this title. Attorney General, see section 1101(a)(5) of this Crewman, see section 1101(a)(10) of this title. of the United States, see section 1101(a)(22) of this title. Service, see section 1101(a)(34) of this title. United States, see section 1101(a)(38) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1155, 1159, 1226, 1323 of this title. § 1226. Exclusion of aliens (a) Proceedings A special inquiry officer shall conduct proceedings under this section, administer oaths, present and receive evidence, and interrogate, examine, and cross-examine the alien or witnesses. He shall have authority in any case to determine whether an arriving alien who has been detained for further inquiry under section 1225 of this title shall be allowed to enter or shall be excluded and deported. The determination of such special inquiry officer shall be based only on the evidence produced at the inquiry. No special inquiry officer 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 under this section shall be conducted in accordance with this section, the applicable provisions of sections 1225 and 1357(b) of this title, and such regulations as the Attorney General shall prescribe, and shall be the sole and exclusive procedure for determining admissibility of a person to the United States under the provisions of this section. At such inquiry, which shall be kept separate and apart from the public, the alien may have one friend or relative present, under such conditions as may be prescribed by the Attorney General. A complete record of the proceedings and of all testimony and evidence produced at such inquiry, shall be kept. (b) Appeal From a decision of a special inquiry officer excluding an alien, such alien may take a timely appeal to the Attorney General, and any such alien shall be advised of his right to take such appeal. No appeal may be taken from a temporary exclusion under section 1225(c) of this title. From a decision of the special inquiry officer to admit an alien, the immigration officer in charge at the port where the inquiry is held may take a timely appeal to the Attorney General. An appeal by the alien, or such officer in charge, shall operate to stay any final action with respect to any alien whose case is so appealed until the final decision of the Attorney General is made. Except as provided in section 1225(c) of this title such decision shall be rendered solely upon the evidence adduced before the special inquiry officer. (c) Finality of decision of special inquiry officers Except as provided in subsections (b) or (d) of this section, in every case where an alien is excluded from admission into the United States, under this chapter or any other law or treaty now existing or hereafter made, the decision of a special inquiry officer shall be final unless reversed on appeal to the Attorney General. (d) Physical and mental defects If a medical officer or civil surgeon or board of medical officers has certified under section 1224 of this title that an alien has a disease, illness, or addiction which would make the alien excludable under paragraph (1) of section 1182(a) of this title, the decision of the special inquiry officer shall be based solely upon such certification. No alien shall have a right to appeal from such an excluding decision of a special inquiry officer. (e) Custody of alien (1) Pending a determination of excludability, the Attorney General shall take into custody any alien convicted of an aggravated felony upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense). (2) Notwithstanding any other provision of this section, the Attorney General shall not release such felon from custody unless the Attorney General determines that the alien may not be deported because the condition described in section 1253(g) of this title exists. (3) If the determination described in paragraph (2) has been made, the Attorney General may release such alien only after (A) a procedure for review of each request for relief under this subsection has been established, (B) such procedure includes consideration of the severity of the felony committed by the alien, and (C) the review concludes that the alien will not pose a danger to the safety of other persons or to property. (June 27, 1952, ch. 477, title II, ch. 4, § 236, 66 Stat. 200; Nov. 29, 1990, Pub. L. 101-649, title V, § 504(b), title VI, § 603(a)(12), 104 Stat. 5050, 5083; Dec. 12, 1991, Pub. L. 102-232, title III, § 306(a)(5), 105 Stat. 1751.) AMENDMENTS 1991-Subsec. (e)(1). Pub. L. 102-232 substituted "upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same of fense)" for "upon completion of the alien's sentence for such conviction". 1990-Subsec. (d). Pub. L. 101-649, § 603(a)(12), substituted "has a disease, illness, or addiction which would make the alien excludable under paragraph (1) of section 1182(a) of this title" for "is afflicted with a disease specified in section 1182(a)(6) of this title, or with any mental disease, defect, or disability which would bring such alien within any of the classes excluded from admission to the United States under paragraphs (1) to (4) or (5) of section 1182(a) of this title" and struck out at end "If an alien is excluded by a special inquiry officer because of the existence of a physical disease, defect, or disability, other than one specified in section 1182(a)(6) of this title, the alien may appeal from the excluding decision in accordance with subsection (b) of this section, and the provisions of section 1183 of this title may be invoked." Subsec. (e). Pub. L. 101-649, § 504(b), added subsec. (e). EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 603(a)(12) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title. CROSS REFERENCES Definition of alien, Attorney General, entry, immigration officer, and special inquiry officer, see section 1101 of this title. Judicial review of orders of exclusion, see section 1105a of this title. Revocation of approval of certain petitions, notice, see section 1155 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1105a, 1155, 1159, 1323 of this title; title 18 section 4113. § 1227. Immediate deportation of aliens excluded from admission or entering in violation of law (a) Maintenance expenses (1) Any alien (other than an alien crewman) arriving in the United States who is excluded under this chapter, shall be immediately deported, in accommodations of the same class in which he arrived, unless the Attorney General, in an individual case, in his discretion, concludes that immediate deportation is not practicable or proper. Deportation shall be to the country in which the alien boarded the vessel |