Title 8 — Aliens and Nationality
Part VIII · Chapter 12 — Immigration and Nationality
§ 1322. Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined
Statutory text
Any person who shall bring to the United States an alien (other than an alien crewman) who is inadmissible under section 1182(a)(1) of this title shall pay to the Commissioner for each and every alien so afflicted the sum of $3,000 unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attorney General that the existence of the condition causing inadmissibility could not have been detected by the exercise of due diligence prior to the alien’s embarkation.
No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by the Commissioner.
Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in the United States aliens who are entitled by law to exemption from the provisions of section 1182(a) of this title.
As used in this section, the term “person” means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft.
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.
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1322
June 27, 1952, ch. 477, title II, ch. 8, § 272, 66 Stat. 226
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 8, § 272, 66 Stat. 226Pub. L. 89–236 § 18 · 79 Stat. 911
Substituted · 8 U.S.C. § 1322(a)
Pub. L. 89–236 substituted “mentally retarded” for “feeble-minded”
Struck · 8 U.S.C. § 1322(a)
Pub. L. 89–236 struck out references to epileptics and persons afflicted with tuberculosis and leprosy
Inserted · 8 U.S.C. § 1322(a)
Pub. L. 89–236 inserted reference to persons afflicted with sexual deviation
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–236 substituted “mentally retarded” for “feeble-minded”, struck out references to epileptics and persons afflicted with tuberculosis and leprosy, and inserted reference to persons afflicted with sexual deviation.Enacted provision · exact public law section
Sec. 18. So much of section 272(a) of the Immigration and Nationality Act (66 Stat. 226; 8 U.S.C. 1322(a)) as precedes the words “shall pay to the collector of customs” is amended to read as follows: “Sec. 272. (a) Any person who shall bring to the United States an alien (other than an alien crewman) who is (1) mentally retarded, (2) insane, (3) afflicted with psychopathic personality, or with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict,”.Immigration Act of 1990
Pub. L. 101–649 § 603(a)(15)(D) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1322
Pub. L. 101–649, § 603(a)(15)(D), substituted “exclusion on a health-related ground” for “disability or afflicted with disease” in section catchline
Source evidence
Code amendment note
Pub. L. 101–649, § 603(a)(15)(D), substituted “exclusion on a health-related ground” for “disability or afflicted with disease” in section catchline.Enacted provision · exact public law section
(D) by striking “disability or afflicted with disease” in the heading and inserting “exclusion on a health-related ground”.Immigration Act of 1990
Pub. L. 101–649 § 603(a)(15)(A) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1322(a)
Pub. L. 101–649, § 603(a)(15)(A), substituted “excludable under section 1182(a)(1) of this title” for “(1) mentally retarded, (2) insane, (3) afflicted with psychopathic personality, or with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict”
Substituted · 8 U.S.C. § 1322(a)
Pub. L. 101–649, § 603(a)(15)(A), substituted “the excluding condition” for “such disease or disability”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–649, § 603(a)(15)(A), substituted “excludable under section 1182(a)(1) of this title” for “(1) mentally retarded, (2) insane, (3) afflicted with psychopathic personality, or with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict” and “the excluding condition” for “such disease or disability”.Enacted provision · exact public law section
(A) in subsection (a)— (i) by striking “(1) mentally retarded” and all that follows through “(6) a narcotic drug addict” and inserting “excludable under section 212(a)(1)”, and (ii) by striking “such disease or disability” and inserting “the excluding condition”;Immigration Act of 1990
Pub. L. 101–649 § 543(a)(9)(A) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1322(a)
Pub. L. 101–649, § 543(a)(9)(A), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located”
Substituted · 8 U.S.C. § 1322(a)
Pub. L. 101–649, § 543(a)(9)(A), substituted “$3,000” for “$1,000”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–649, § 543(a)(9)(A), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “$3,000” for “$1,000”.Enacted provision · exact public law section
(A) in subsection (a)— (i) by striking “collector of customs of the customs district in which the place of arrival is located” and inserting “Commissioner”, and (ii) by striking “$1,000” and inserting “$3,000”;Immigration Act of 1990
Pub. L. 101–649 § 603(a)(15)(B) · 104 Stat. 4978
Redesignated · 8 U.S.C. § 1322(b)
Pub. L. 101–649, § 603(a)(15)(B), (C), redesignated subsec. (c) as (b)
Struck · 8 U.S.C. § 1322(b)
Pub. L. 101–649, § 603(a)(15)(B), (C), struck out former subsec. (b) which read as follows: “Any person who shall bring to the United States an alien (other than an alien crewman) afflicted with any mental defect other than those enumerated in subsection (a) of this section, or any physical defect of a nature which may affect his ability to earn a living, as provided in section 1182(a)(7) of this title, shall pay to the Commissioner for each and every alien so afflicted, the sum of $3,000, unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attorney General that the existence of such disease or disability could not have been detected by the exercise of due diligence prior to the alien’s embarkation.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–649, § 603(a)(15)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Any person who shall bring to the United States an alien (other than an alien crewman) afflicted with any mental defect other than those enumerated in subsection (a) of this section, or any physical defect of a nature which may affect his ability to earn a living, as provided in section 1182(a)(7) of this title, shall pay to the Commissioner for each and every alien so afflicted, the sum of $3,000, unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attorney General that the existence of such disease or disability could not have been detected by the exercise of due diligence prior to the alien’s embarkation.”Enacted provision · exact public law section
(B) by striking subsection (b);Immigration Act of 1990
Pub. L. 101–649 § 543(a)(9)(B) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1322(b)
Pub. L. 101–649, § 543(a)(9)(B), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located”
Substituted · 8 U.S.C. § 1322(b)
Pub. L. 101–649, § 543(a)(9)(B), substituted “$3,000” for “$250”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–649, § 543(a)(9)(B), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “$3,000” for “$250”.Enacted provision · exact public law section
(B) in subsection (b)– (i) by striking “collector of customs of the customs district in which the place of arrival is located” and inserting “Commissioner”, and (ii) by striking “$250” and inserting “$3,000”; andImmigration Act of 1990
Pub. L. 101–649 § 603(a)(15)(C) · 104 Stat. 4978
Redesignated · 8 U.S.C. § 1322(c)
Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).Enacted provision · exact public law section
(C) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; andImmigration Act of 1990
Pub. L. 101–649 § 543(a)(9)(C) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1322(c)
Pub. L. 101–649, § 543(a)(9)(C), substituted “Commissioner” for “collector of customs”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–649, § 543(a)(9)(C), substituted “Commissioner” for “collector of customs”.Enacted provision · exact public law section
(C) in subsection (c), by striking “collector of customs” and inserting “Commissioner”.Immigration Act of 1990
Pub. L. 101–649 § 603(a)(15)(C) · 104 Stat. 4978
Redesignated · 8 U.S.C. § 1322(d); 8 U.S.C. § 1322(e)
Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).Enacted provision · exact public law section
(C) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; andPub. L. 102–232 title III § 307 · 105 Stat. 1733
Struck · 8 U.S.C. § 1322(a)
Pub. L. 102–232 struck out comma before “shall pay”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–232 struck out comma before “shall pay”.Enacted provision · exact public law section
SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990. (a) Section 212(a) of the INA, as amended by section 601(a) of the Immigration Act of 1990, is amended— 8 USC 1182. (1) in paragraph (1)(A), by adding “or” at the end of clause (ii); (2) in paragraph (3)(A)(i), by inserting “(I)” after “any activity” and by inserting “(II)” after “sabotage or”; (3) in paragraph (3)(B)(iii)(III), by striking “an act of terrorist activity” and inserting “a terrorist activity”; (4) in paragraph (3)(D)(iv), by striking “if the alien” and inserting “if the immigrant”; (5) in paragraph (3)(C)(iv), by striking “identities” and inserting “identity”; (6) in paragraph (5)(C), by striking “preference immigrants” and all that follows through the end and inserting the following: “immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 203(b).”; (7) in paragraph (6)(B)— (A) by striking “who seeks” and inserting “(a) who seeks”, (B) by striking “(or” and inserting “, or (b) who seeks admission”, and (C) by striking “felony)” and inserting “felony,”; (8) in paragraph (6)(E)— (A) by redesignating clause (ii) as clause (iii), and (B) by inserting after clause (i) the following new clause: “(ii) Special rule in the case of family reunification.— Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”; (9) in paragraph (8)(B), by striking “alien” the first place it appears and inserting “person”; and (10) in paragraph (9)(C)— (A) in clause (i), by striking everything that follows “entry of” and inserting “an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is excludable until the child is surrendered to the person granted custody by that order.”, and (B) in clause (ii), by striking “to an alien who” and all that follows through “signatory” and inserting “so long as the child is located in a foreign state that is a party”. (b) Section 212(c) of the INA, as amended by section 601(d)(1) of the Immigration Act of 1990, is amended by striking “subparagraphs 8 USC 1182. (A), (B), (C), or (E) of paragraph (3)” and inserting “paragraphs (3) and (9)(C)”. (c) Section 212(d)(3) of the INA, as amended by section 601(d)(2)(B)(i) of the Immigration Act of 1990, is amended— (1) by striking “(3)(A),” and inserting “(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),” each place it appears, and (2) by striking “(3)(D)” and inserting “(3)(E)” each place it appears. (d) Section 212(d)(ll) of the IN A, as added by section 601(d)(2)(F) of the Immigration Act of 1990, is amended by inserting “and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 203(a) (other than paragraph (4) thereof)” after “section 211(b)”. (e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of the Immigration Act of 1990, is amended by striking “section (a)(1)(A)(i)” and inserting “subsection (a)(1)(A)(i)”. (f) Section 212(h) of the INA, as amended by section 601(d)(4) of the Immigration Act of 1990, is amended— (1) in the matter before paragraph (1), by striking “in the case of ” and all that follows through “permanent residence”; and (2) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting “(A) in the case of any immigrant” after “(1)”, (B) by striking “and” at the end of subparagraph (A), (C) by striking “and” at the end of subparagraph (C) and inserting “or”, (D) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and (E) by adding at the end the following: “(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien’s exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; and”. (g) Section 212(i) of the INA, as amended by section 601(d)(5) of the Immigration Act of 1990, is amended by striking “alien” and “alien’s” each place it appears and inserting “immigrant” and “immigrant’s”, respectively. (h) Section 241(a) of the INA, as amended by section 602(a) of the Immigration Act of 1990, is amended— 8 USC 1251. (1) by striking “deportable as being”, and by inserting “deportable” after “the following classes of”; (2) in paragraph (1)(D)(i), by inserting “respective” after “terminated under such”; (3) in paragraph (1)(E)(i), by inserting “any” before “entry” the second and third places it appears; (4) in paragraph (1)(E), by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: “(ii) Special rule in the case of family reunification.— Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”; (5) in paragraph (1)(G), by striking “212(a)(5)(C)(i)” and inserting “212(a)(6)(C)(i)”; (6) in paragraph (1)(H), by striking “paragraph (6) or (7)” and inserting “paragraph (4)(D)”; (7) in paragraph (2)(D), by inserting “or attempt” after “conspiracy”; (8) in paragraph (3), by adding at the end the following: “(C) Document fraud.— Any alien who is the subject of a final order for violation of section 274C is deportable.”; (9) in subparagraphs (A) and (B) of paragraph (4), by striking “after entry has engaged” and inserting “after entry engages”; and (10) in paragraph (4)(C)(ii), by striking “excluability” and inserting “excludability”. (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)”. (j) Effective as if included in section 603(a)(5) of the Immigration Effective date. 8 USC 1160. 8 use 1160. Act of 1990, section 21003)(7)(B) of the INA is amended by striking “212(a)(19)” and inserting “212(a)(6)(C)(i)”. (k) Effective as if included in section 602(b) of the Immigration Act Effective date. 8 USC 1251. of 1990, section 241 of the INA is amended— (1) by striking subsection (d), and (2) in the subsection (h) (added by section 153(b) of the Immigration Act of 1990) by striking “exist” and inserting “existed” and by redesignating the subsection as subsection (c). (l) Effective as if included in section 603(a) of the Immigration Act Effective date. of 1990: (1) Sections 207(c)(3) and 209(c) of the INA, as amended by section 603(a)(4)(B) of the Immigration Act of 1990, are each 8 USC 1157, 1159. amended by striking “subparagraphs (A)” and inserting “subparagraph (A)”. (2) Section 210A(e)(2)(B) of the INA is amended by striking 8 USC 1161. clauses (iii) and (iv) and inserting the following: “(iii) Paragraph (3) (relating to security and related grounds).”. (3) Section 217(a) of the INA is amended by striking “(26)(B)” 8 USC 1187. and inserting “(7)(B)(i)(II)”. (4) Section 218(g)(3) of the INA is amended by striking 8 USC 1188. “212(a)(14)” and inserting “212(a)(5)(A)(i)”. (5) Section 244A(c) of the INA, as inserted by section 302(a) of the Immigration Act of 1990, is amended— 8 USC 1254a. (A) in paragraph (2)(A)(iii)(I), by striking “paragraphs (9) and (10)” and inserting “paragraphs (2)(A) and (2)(B)”; and (B) by amending subclause (III) of paragraph (2)(A)(iii) to read as follows: “(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide).”. (6) Section 245A(d)(2)(B)(ii) of the INA is amended— 8 USC 1255a. (A) by striking subclause (IV), (B) by redesignating subclause (II) as subclause (IV) and by transferring and inserting it after clause (III), (C) by redesignating subclause (III) as subclause (II), (D) by inserting after subclause (II) (as so redesignated) the following new subclause: “(III) Paragraph (3) (relating to security and related grounds).”, and (E) by striking “Subclause (II)” and inserting “Subclause (IV)”. (7) Section 272(a) of the INA is amended by striking the 8 USC 1322. comma before “shall pay”. (8) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as amended by section 603(a)(20)(B) of the Immigration Act of 1990, 8 USC 1101 note. is amended by striking “(D)” and inserting “(E)”. (9) Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended by striking “(23)(B), (27), (29), or (33)” and 8 USC 1255 note. inserting “(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)”. (10) Section 2(a)(3) of the Immigration Nursing Relief Act of 1989 is amended by striking “212(a)(14)” and inserting 8 USC 1255 note. “212(a)(5)(A)”. (m) Effective as if included in section 603(b) of the Immigration Effective date. Act of 1990— (1) paragraph (4)(B) of such section is amended by striking “in 8 USC 1254. paragraph (2)”, and (2) section 242(e) of the INA is amended by striking “paragraphs 8 USC 1252. (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)” and inserting “paragraph (2), (3), or (4)”.Immigration and Nationality Technical Corrections Act of 1994
Pub. L. 103–416 title II § 219 · 108 Stat. 4305
Struck · 8 U.S.C. § 1322(a)
Pub. L. 103–416 struck out comma after “every alien so afflicted”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–416 struck out comma after “every alien so afflicted”.Enacted provision · exact public law section
SEC. 219. OTHER MISCELLANEOUS AND TECHNICAL CORRECTIONS TO IMMIGRATION-RELATED PROVISIONS. (a) Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking “and has” and inserting “or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State and who has”. (b) (1) The second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting “(and each child of the alien)” after “the alien”. (2) The second sentence of section 204(a)(l)(A) of such Act (8 U.S.C. 1154(a)(l)(A)) is amended— (A) by inserting “spouse” after “alien”, and (B) by inserting “of the alien (and the alien’s children)” after “for classification”. (c) Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended by striking “Targetted”, “targetted”, and “targetted” each place each appears and inserting “Targeted”, “targeted”, and “targeted”, respectively. (d) Section 210(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1160(d)(3)) is amended by inserting “the” before “Service” the first place it appears. (e) Section 212(d)(ll) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(l1)) is amended by striking “voluntary” and inserting “voluntarily”. (f) Section 258 of the Immigration and Nationality Act (8 U.S.C. 1288) is amended in subsection (d)(3)(B) by striking “subparagraph (A)” and inserting “subparagraph (A)(iii)”. (g) Section 241(c) of the Immigration and Nationality Act (8 U.S.C. 1251(c)) is amended by striking “or (3)(A) of subsection 241(a)” and inserting “and (3)(A) of subsection (a)”. (h) Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)) is amended by striking “Parole,,” and inserting “Parole,”. (i) Section 242B(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1252b(c)(l)) is amended by striking the comma after “that”. (j) Section 244A(c)(2)(A)(iii)(III) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(A)(iii)(III)) is amended— (1) by striking “Paragraphs” and inserting “paragraphs”, and (2) by striking “or (3)(E)” and inserting “and (3)(E)”. (k) Section 245(h)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(B)) is amended by striking “or (3)(E)” and inserting “and (3)(E)”. (l) (1) Subparagraph (C) of section 245A(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)), as added by Public Law 102—140, is amended— (A) by indenting it 2 additional ems to the right; and (B) by striking “subsection (B)” and inserting “subparagraph (B)”. (2) Section 610(b) of Public Law 102–140 is amended by striking 8 USC 1101 note. “404(b)(2)(ii)” and “404(b)(2)(iii)” and inserting “404(b)(2)(A)(ii)” and “404(b)(2)(A)(iii)”, respectively. (m) Effective as of the date of the enactment of this Act, Effective date. section 246(a) of the Immigration and Nationality Act (8 U.S.C. 1256(a)) is amended by striking the first 3 sentences. (n) Section 262(c) of the Immigration and Nationality Act (8 U.S.C. 1302(c)) is amended by striking “subsection (a) and (b)” and inserting “subsections (a) and (b)”. (o) Section 272(a) of the Immigration and Nationality Act (8 U.S.C. 1322(a)) is amended by striking the comma after “so afflicted”. (p) The first sentence of section 273(b) of the Immigration and Nationality Act (8 U.S.C. 1323(b)) is amended by striking “collector of customs” and inserting “Commissioner”. (q) Section 274B(g)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(C)) is amended by striking “an administrative law judge” and inserting “the Special Counsel”. (r) Section 274C(b) of the Immigration and Nationality Act (8 U.S.C. 1324c(b)) is amended by striking “title V” and all that follows through “3481)” and inserting “chapter 224 of title 18, United States Code”. (s) Section 280(b)(l)(C) of the Immigration and Nationality Act (8 U.S.C. 1330(b)(1)(C)) is amended by striking “maintainance” and inserting “maintenance”. (t) Effective as if included in the enactment of Public Law 102-395, subsection (r) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as added by section 112 of such Public Law, is amended— (1) in the subsection heading, by striking “Breached Bond/ Detention Account” and inserting “Breached Bond/Detention Fund”; (2) in paragraph (1), by striking “(hereafter referred to as the Fund)” and inserting “(in this subsection referred to as the ‘Fund’)”; (3) in paragraph (2), by striking “the Immigration and Nationality Act of 1952, as amended,” and inserting “this Act”; (4) in paragraphs (4) and (6), by striking “the Breached Bond/Detention” each place it appears; (5) in paragraph (4), by striking “of this Act” and inserting “of Public Law 102–395”; and (6) in paragraph (5), by striking “account” and inserting “Fund”. (u) Section 310(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1421(b)(5)(A)) is amended by striking “District Court” and inserting “district court”. (v) Effective December 12, 1991, section 313(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1424(a)(2)) is amended by striking “and” before “(F)” and inserting “or”. (w) Section 333(b)(l) of the Immigration and Nationality Act (8 U.S.C. 1444(b)(l)) is amended by striking “249(a)” and inserting “249”. (x) Section 412(e)(7)(D) of the Immigration and Nationality Act (8 U.S.C. 1522(e)(7)(D)) is amended by striking “paragraph (1) or (2) of”. (y) Section 302(c) of the Immigration Act of 1990 is amended by striking “effect” and inserting “affect”. (z) Effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991— (1) section 303(a)(7)(B)(i) of such Act is amended by striking “paragraph (1)(A)” and inserting “paragraph (i)(A)(i)”; (2) section 304(b)(2) of such Act is amended by striking “paragraph (1)(B)” and inserting “subsection (c)(1)(B)”; (3) paragraph (1) of section 305(j) of such Act is repealed (and section 407(d)(16)(C) of the Immigration Act of 1990 shall read as if such paragraph had not been enacted); (4) paragraph (2) of section 306(b) of such Act is amended to read as follows: “(2) Section 538(a) of the Immigration Act of 1990 is amended by striking the comma after ‘Service’.”; (5) section 307(a)(6) of such Act is amended by striking “immigrants” the first place it appears and inserting “immigrant aliens”; (6) section 309(a)(3) of such Act is amended by striking “paragraph (1) and (2)” and inserting “paragraphs (1)(A) and (1)(B)”; (7) section 309(b)(6)(F) of such Act is amended by striking “210(a)(l)(B)(l)(B)” and inserting “210(a)(B)(1)(B)”; (8) section 309(b)(8) of such Act is amended by striking “274A(g)” and inserting “274A(h)”; and (9) section 310 of such Act is amended— (A) by adding “and” at the end of paragraph (1); (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2) and by striking “309(c)” and inserting “309(b)”. (aa) Effective as if included in section 4 of Public Law 102–110, Effective date. 8 USC 1101 note. section 161(c)(3) of the Immigration Act of 1990 is amended— (1) by striking “alien described in section 203(a)(3) or 203(a)(6) of such Act” and inserting “alien admitted for permanent residence as a preference immigrant under section 203(a)(3) or 203(a)(6) of such Act (as in effect before such date)”; and (2) by striking “this section” and inserting “this title”. (bb) Section 599E(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended by striking “and subparagraphs” and inserting 8 USC 1255 note. “or subparagraph”. (cc) Section 204(a)(1)(C) of the Immigration Reform and Control Act of 1986 is amended by striking “year 1993 the first place 8 USC 1255a note. it appears” and inserting “years 1993”. (dd) Except as otherwise specifically provided in this section, 8 USC 1101 note. the amendments made by this section shall be effective as if included in the enactment of the Immigration Act of 1990. (ee) (l) Section 210A of the Immigration and Nationality Act (8U.S.C. 1161) is repealed. (2) The table of contents of the Immigration and Nationality Act is amended by striking the item relating to section 210A. (ff) Section 122 of the Immigration Act of 1990 is amended 8 USC 1182 note. by striking subsection (a). (gg) The Copyright Royalty Tribunal Reform Act of 1993 (Public Law 103-198; 107 Stat. 2304) is amended by striking section 8. 8 USC 1288, 1288 note.Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(d)(4)(I)(i)(I) · 110 Stat. 3009
Amended · 8 U.S.C. § 1322
Pub. L. 104–208, § 308(d)(4)(I)(i)(I), amended section catchline
Source evidence
Code amendment note
Pub. L. 104–208, § 308(d)(4)(I)(i)(I), amended section catchline.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.Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(d)(3)(A) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1322(a)
Pub. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II), substituted “inadmissible” for “excludable”
Substituted · 8 U.S.C. § 1322(a)
Pub. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II), substituted “condition causing inadmissibility” for “excluding condition”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II), substituted “inadmissible” for “excludable” and “condition causing inadmissibility” for “excluding condition”.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.Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(d)(4)(I)(i)(III) · 110 Stat. 3009
Struck · 8 U.S.C. § 1322(c)
Pub. L. 104–208, § 308(d)(4)(I)(i)(III), struck out “excluding” after “exemption from the”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–208, § 308(d)(4)(I)(i)(III), struck out “excluding” after “exemption from the”.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.
21 of 22 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1965–1996 · 5 rounds
1996
Pub. L. 104–208, § 308(d)(4)(I)(i)(I), amended section catchline.
Subsec. (a). Pub. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II), substituted “inadmissible” for “excludable” and “condition causing inadmissibility” for “excluding condition”.
Subsec. (c). Pub. L. 104–208, § 308(d)(4)(I)(i)(III), struck out “excluding” after “exemption from the”.
1994
Subsec. (a). Pub. L. 103–416 struck out comma after “every alien so afflicted”.
1991
Subsec. (a). Pub. L. 102–232 struck out comma before “shall pay”.
1990
Pub. L. 101–649, § 603(a)(15)(D), substituted “exclusion on a health-related ground” for “disability or afflicted with disease” in section catchline.
Subsec. (a). Pub. L. 101–649, § 603(a)(15)(A), substituted “excludable under section 1182(a)(1) of this title” for “(1) mentally retarded, (2) insane, (3) afflicted with psychopathic personality, or with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict” and “the excluding condition” for “such disease or disability”.
Pub. L. 101–649, § 543(a)(9)(A), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “$3,000” for “$1,000”.
Subsec. (b). Pub. L. 101–649, § 603(a)(15)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Any person who shall bring to the United States an alien (other than an alien crewman) afflicted with any mental defect other than those enumerated in subsection (a) of this section, or any physical defect of a nature which may affect his ability to earn a living, as provided in section 1182(a)(7) of this title, shall pay to the Commissioner for each and every alien so afflicted, the sum of $3,000, unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attorney General that the existence of such disease or disability could not have been detected by the exercise of due diligence prior to the alien’s embarkation.”
Pub. L. 101–649, § 543(a)(9)(B), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “$3,000” for “$250”.
Subsec. (c). Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 101–649, § 543(a)(9)(C), substituted “Commissioner” for “collector of customs”.
Subsecs. (d), (e). Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
1965
Subsec. (a). Pub. L. 89–236 substituted “mentally retarded” for “feeble-minded”, struck out references to epileptics and persons afflicted with tuberculosis and leprosy, and inserted reference to persons afflicted with sexual deviation.
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 1994 Amendment
Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.
Effective Date of 1991 Amendment
Pub. L. 102–232, title III, § 307(l), , 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.
Effective Date of 1990 Amendment
Amendment by section 543(a)(9) of Pub. L. 101–649 applicable to actions taken after , see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
Amendment by section 603(a)(15) of 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.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89–236 effective, except as otherwise provided, on first day of first month after expiration of thirty days following date of enactment of Pub. L. 89–236, which was approved on , see section 20 of Pub. L. 89–236, set out as a note under section 1151 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.
Credits
1952–1996 · 6 acts
- 1952June 27, 1952, ch. 477, title II, ch. 8, § 272, 66 Stat. 226
- 1965Pub. L. 89–236, § 18, , 79 Stat. 920
- 1990Pub. L. 101–649, title V, § 543(a)(9), title VI, § 603(a)(15), , 104 Stat. 5058, 5083
- 1991Pub. L. 102–232, title III, § 307(l)(7), , 105 Stat. 1757
- 1994Pub. L. 103–416, title II, § 219(o), , 108 Stat. 4317
- 1996Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), (4)(I)(i), , 110 Stat. 3009–617, 3009–618.
Show as published
(June 27, 1952, ch. 477, title II, ch. 8, § 272, 66 Stat. 226; Pub. L. 89–236, § 18, , 79 Stat. 920; Pub. L. 101–649, title V, § 543(a)(9), title VI, § 603(a)(15), , 104 Stat. 5058, 5083; Pub. L. 102–232, title III, § 307(l)(7), , 105 Stat. 1757; Pub. L. 103–416, title II, § 219(o), , 108 Stat. 4317; Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), (4)(I)(i), , 110 Stat. 3009–617, 3009–618.)