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Title 8 — Aliens and Nationality

Chapter 12 — Immigration and Nationality

§ 1102. Diplomatic and semidiplomatic immunities

Statutory text

Except as otherwise provided in this chapter, for so long as they continue in the nonimmigrant classes enumerated in this section, the provisions of this chapter relating to ineligibility to receive visas and the removal of aliens shall not be construed to apply to nonimmigrants—

(1)

within the class described in paragraph (15)(A)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(A)(i), and, under such rules and regulations as the President may deem to be necessary, the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title;

(2)

within the class described in paragraph (15)(G)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(G)(i), and the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title; and

(3)

within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 82–477 · 66 Stat. 609

    Enacted · 8 U.S.C. § 1102

    June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173

  2. Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 9(b) · 102 Stat. 2609

    Substituted · 8 U.S.C. § 1102(2)

    Pub. L. 100–525 substituted “documentation” for “documentaion”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 100–525 substituted “documentation” for “documentaion”.

    Enacted provision · exact public law section
    (b) Section 102(2) of such Act (8 U.S.C. 1102(2)) is amended by striking “documentaion” and inserting “documentation”.

  3. Immigration Act of 1990

    Pub. L. 101–649 title VI § 603(a)(2) · 104 Stat. 4978

    1. Substituted · 8 U.S.C. § 1102(1)(3)

      Pub. L. 101–649 substituted “(3) (other than subparagraph (E))” for “(27)” in par. (3)

    2. Substituted · 8 U.S.C. § 1102(1)(3)

      Pub. L. 101–649 substituted “paragraph (3) (other than subparagraph (E))” for “paragraphs (27) and (29)” in par. (3)

    Source evidence

    Code amendment note
    Pars. (1) to (3). Pub. L. 101–649 substituted “(3) (other than subparagraph (E))” for “(27)” in pars. (1) and (2), and “paragraph (3) (other than subparagraph (E))” for “paragraphs (27) and (29)” in par. (3).

    Enacted provision · exact public law section
    (2) Section 102 (8 U.S.C. 1102) is amended— (A) by striking “(27)” in paragraphs (1) and (2) and inserting “(3) (other than subparagraph (E))”, and (B) by striking “paragraphs (27) and (29)” in paragraph (3) and inserting “paragraph (3) (other than subparagraph (E))”.

  4. Pub. L. 102–232 title III § 307(i) · 105 Stat. 1733

    Substituted · 8 U.S.C. § 1102(1)(3)

    Pub. L. 102–232 substituted “subparagraphs (A) through (C) of section 1182(a)(3) of this title” for “paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title”

    Source evidence

    Code amendment note
    Pars. (1) to (3). Pub. L. 102–232 substituted “subparagraphs (A) through (C) of section 1182(a)(3) of this title” for “paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title”.

    Enacted provision · exact public law section
    (i) Section 102 of the INA, as amended by section 603(a)(2) of the Immigration Act of 1990, is amended by striking “paragraph (3) 8 USC 1102. (other than subparagraph (E)) of section 212(a)” each place it appears and inserting “subparagraphs (A) through (C) of section 212(a)(3)”.

  5. Department of Education Appropriations Act, 1997

    Pub. L. 104–208 div. C title III § 308(d)(4)(B) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1102

    Pub. L. 104–208 substituted “removal” for “exclusion or deportation” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 104–208 substituted “removal” for “exclusion or deportation” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

    Effective date note
    Amendment by 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.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

This chapter, referred to in introductory provisions, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments1988–1996 · 4 rounds

1996

Pub. L. 104–208 substituted “removal” for “exclusion or deportation” in introductory provisions.

1991

Pars. (1) to (3). Pub. L. 102–232 substituted “subparagraphs (A) through (C) of section 1182(a)(3) of this title” for “paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title”.

1990

Pars. (1) to (3). Pub. L. 101–649 substituted “(3) (other than subparagraph (E))” for “(27)” in pars. (1) and (2), and “paragraph (3) (other than subparagraph (E))” for “paragraphs (27) and (29)” in par. (3).

1988

Par. (2). Pub. L. 100–525 substituted “documentation” for “documentaion”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

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 Pub. L. 101–649 applicable to individuals entering United States on or after , see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.

Denial of Visas to Certain Representatives to United Nations

Pub. L. 101–246, title IV, § 407, , 104 Stat. 67, as amended by Pub. L. 113–100, § 1, , 128 Stat. 1145, provided that:

“(a)

In General.—

The President shall use his authority, including the authorities contained in section 6 of the United Nations Headquarters Agreement Act (Public Law 80–357) [Aug. 4, 1947, ch. 482, set out as a note under 22 U.S.C. 287], to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such individual—

“(1)

has been found to have been engaged in espionage activities or a terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))) directed against the United States or its allies; and

“(2)

may pose a threat to United States national security interests.

“(b)

Waiver.—

The President may waive the provisions of subsection (a) if the President determines, and so notifies the Congress, that such a waiver is in the national security interests of the United States.”

Credits

1952–1996 · 5 acts
  1. 1952June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173
  2. 1988Pub. L. 100–525, § 9(b), , 102 Stat. 2619
  3. 1990Pub. L. 101–649, title VI, § 603(a)(2), , 104 Stat. 5082
  4. 1991Pub. L. 102–232, title III, § 307(i), , 105 Stat. 1756
  5. 1996Pub. L. 104–208, div. C, title III, § 308(d)(4)(B), , 110 Stat. 3009–617.
Show as published

(June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173; Pub. L. 100–525, § 9(b), , 102 Stat. 2619; Pub. L. 101–649, title VI, § 603(a)(2), , 104 Stat. 5082; Pub. L. 102–232, title III, § 307(i), , 105 Stat. 1756; Pub. L. 104–208, div. C, title III, § 308(d)(4)(B), , 110 Stat. 3009–617.)

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