8 USC 1223(a)

§ 1223

TITLE 8—ALIENS AND NATIONALITY

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
immigration judges, 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 inadmissible
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.
(c) Certification of certain helpless aliens
If an examining medical officer determines
that an alien arriving in the United States is inadmissible, is helpless from sickness, mental or
physical disability, or infancy, and is accompanied by another alien whose protection or
guardianship may be required, the officer may
certify such fact for purposes of applying section
1182(a)(10)(B) of this title with respect to the
other alien.
(June 27, 1952, ch. 477, title II, ch. 4, § 232, 66 Stat.
196; Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], Oct. 18, 1986, 100 Stat. 1783–39,
1783–56, renumbered § 206(a), Pub. L. 100–525,
§ 4(b)(1), Oct. 24, 1988, 102 Stat. 2615; Pub. L.
99–591, § 101(b) [title II, § 206], Oct. 30, 1986, 100
Stat. 3341–39, 3341–56; Pub. L. 100–525, § 4(b)(2), (d),
Oct. 24, 1988, 102 Stat. 2615; Pub. L. 104–208, div.
C, title III, §§ 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H),
Sept. 30, 1996, 110 Stat. 3009–615, 3009–616,
3009–618.)
CODIFICATION
The text of section 1224 of this title, which was transferred to subsec. (b) of this section by Pub. L. 104–208,
§ 308(b)(3)(C), was based on acts 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; Sept. 30, 1996,
Pub. L. 104–208, div. C, title III, §§ 308(b)(3)(A), (B),
(d)(3)(A), 371(b)(3), 110 Stat. 3009–615, 3009–617, 3009–645.
AMENDMENTS
1996—Pub. L. 104–208, § 308(b)(2)(B), amended section
catchline generally.

Page 226

Pub. L. 104–208, § 308(b)(2)(A), inserted ‘‘(a) Detention
of aliens’’ before ‘‘For the purpose of’’.
Subsec. (a). Pub. L. 104–208, § 308(d)(4)(H), substituted
‘‘inadmissible under’’ for ‘‘excluded by’’ and ‘‘inadmissible classes’’ for ‘‘the excluded classes’’.
Subsec. (b). Pub. L. 104–208, § 308(b)(3)(C), transferred
section 1224 of this title to subsec. (b) of this section.
See Codification note above.
Subsec. (c). Pub. L. 104–208, § 308(c)(2)(A), added subsec. (c).
1988—Pub. L. 100–525, § 4(b)(1), (2), 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
§ 206], 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 1996 AMENDMENT
Amendment by section 308(b)(2), (3)(C), (c)(2)(A),
(d)(4)(H) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month
beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104–208, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 4(c) of Pub. L. 100–525 provided that: ‘‘The
amendments made by subsections (a) and (b) [amending
this section and sections 1223, 1227, and 1356 of this title
and enacting provisions set out as a note under section
1356 of this title] shall be effective as if they were included in the enactment of the Department of Justice
Appropriation Act, 1987 (as contained in section 101(b)
of Public Law 99–500).’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 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, as amended by Pub. L. 104–208, div. C, title
III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622, 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 232(b)
of the Immigration and Nationality Act (8 U.S.C. 1224
[8 U.S.C. 1222(b)]) of special immigrants described in
section
101(a)(27)(K)
of
such
Act
(8
U.S.C.
1101(a)(27)(K)).’’

§ 1223. Entry through or from foreign territory
and adjacent islands
(a) Necessity of transportation contract
The Attorney General shall have power to
enter into contracts with transportation lines
for the inspection and admission of aliens coming to the United States from foreign territory
or from adjacent islands. No such transportation
line shall be allowed to land any such alien in
the United States until and unless it has entered

Page 227

TITLE 8—ALIENS AND NATIONALITY

into any such contracts which may be required
by the Attorney General.
(b) Landing stations
Every transportation line engaged in carrying
alien passengers for hire to the United States
from foreign territory or from adjacent islands
shall provide and maintain at its expense suitable landing stations, approved by the Attorney
General, conveniently located at the point or
points of entry. No such transportation line
shall be allowed to land any alien passengers in
the United States until such landing stations
are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General.
(c) Landing agreements
The Attorney General shall have power to
enter into contracts including bonding agreements with transportation lines to guarantee
the passage through the United States in immediate and continuous transit of aliens destined
to foreign countries. Notwithstanding any other
provision of this chapter, such aliens may not
have their classification changed under section
1258 of this title.
(d) Definitions
As used in this section the terms ‘‘transportation line’’ and ‘‘transportation company’’ include, but are not limited to, the owner,
charterer, consignee, or authorized agent operating any vessel or aircraft or railroad train
bringing aliens to the United States, to foreign
territory, or to adjacent islands.
(June 27, 1952, ch. 477, title II, ch. 4, § 233, formerly § 238, 66 Stat. 202; Pub. L. 99–653, § 7(b),
Nov. 14, 1986, 100 Stat. 3657; renumbered § 233 and
amended Pub. L. 104–208, div. C, title III,
§§ 308(b)(4), (f)(4), 362, Sept. 30, 1996, 110 Stat.
3009–615, 3009–622, 3009–645.)
CODIFICATION
Section was formerly classified to section 1228 of this
title prior to renumbering by Pub. L. 104–208.
PRIOR PROVISIONS
A prior section 1223, 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, prior to repeal
by 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.
AMENDMENTS
1996—Pub. L. 104–208, § 362(a)(1), amended section
catchline.
Subsec. (a). Pub. L. 104–208, § 362(a)(2), struck out
‘‘contiguous’’ after ‘‘foreign’’.
Pub. L. 104–208, § 308(f)(4), substituted ‘‘inspection and
admission’’ for ‘‘entry and inspection’’.
Subsec. (b). Pub. L. 104–208, § 362(a)(2), struck out
‘‘contiguous’’ after ‘‘foreign’’.
Subsec. (d). Pub. L. 104–208, § 362(b), inserted ‘‘or railroad train’’ after ‘‘aircraft’’.
Pub. L. 104–208, § 362(a)(2), struck out ‘‘contiguous’’
after ‘‘foreign’’.
1986—Pub. L. 99–653 struck out subsec. (a) which authorized the Attorney General to enter into contracts
with transportation lines for the entry and inspection
of aliens and to prescribe regulations, and redesignated
subsecs. (b) to (e) as (a) to (d), respectively.

§ 1224

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(b)(4), (f)(4) of Pub. L.
104–208 effective, with certain transitional provisions,
on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L.
104–208, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–653 applicable to visas
issued, and admissions occurring, on or after Nov. 14,
1986, see section 23(a) of Pub. L. 99–653, set out as a note
under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1224. Designation of ports of entry for aliens arriving by aircraft
The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens
arriving by aircraft any of the ports of entry for
civil aircraft designated as such in accordance
with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air
navigation with respect to giving notice of intention to land in advance of landing, or notice
of landing, as shall be deemed necessary for purposes of administration and enforcement of this
chapter; and (3) by regulation to provide for the
application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon
such conditions as he deems necessary. Any person who violates any regulation made under this
section shall be subject to a civil penalty of
$2,000 which may be remitted or mitigated by
the Attorney General in accordance with such
proceedings as the Attorney General shall by
regulation prescribe. In case the violation is by
the owner or person in command of the aircraft,
the penalty shall be a lien upon the aircraft, and
such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or
mitigation of the civil penalty shall be final. In
case the violation is by the owner or person in
command of the aircraft, the penalty shall be a
lien upon the aircraft and may be collected by
proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its
direction other courts of the United States, are
authorized to prescribe rules regulating such
proceedings against aircraft in any particular
not otherwise provided by law. Any aircraft
made subject to a lien by this section may be
summarily seized by, and placed in the custody
of such persons as the Attorney General may by
regulation prescribe. The aircraft may be released from such custody upon deposit of such
amount not exceeding $2,000 as the Attorney
General may prescribe, or of a bond in such sum
and with such sureties as the Attorney General
may prescribe, conditioned upon the payment of
the penalty which may be finally determined by
the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 4, § 234, formerly § 239, 66 Stat. 203; Pub. L. 101–649, title V,