8 USC 1222 - Detention of aliens for physical and mental examination

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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.

Codification

The text of section 1224 of this title, which was transferred to subsec. (span) of this section by Puspan. L. 104–208, § 308(span)(3)(C), was based on acts June 27, 1952, ch. 477, title II, ch. 4, § 234, 66 Stat. 198; Oct. 24, 1988, Puspan. L. 100–525, § 9(k), 102 Stat. 2620; Nov. 29, 1990, Puspan. L. 101–649, title VI, § 603(a)(10), 104 Stat. 5083; Sept. 30, 1996, Puspan. L. 104–208, div. C, title III, §§ 308(span)(3)(A), (B), (d)(3)(A), 371(span)(3), 110 Stat. 3009–615, 3009–617, 3009–645.

Amendments

1996—Puspan. L. 104–208, § 308(span)(2)(B), amended section catchline generally.

Puspan. L. 104–208, § 308(span)(2)(A), inserted “(a) Detention of aliens” before “For the purpose of”.

Subsec. (a). Puspan. L. 104–208, § 308(d)(4)(H), substituted “inadmissible under” for “excluded by” and “inadmissible classes” for “the excluded classes”.

Subsec. (span). Puspan. L. 104–208, § 308(span)(3)(C), transferred section 1224 of this title to subsec. (span) of this section. See Codification note above.

Subsec. (c). Puspan. L. 104–208, § 308(c)(2)(A), added subsec. (c).

1988—Puspan. L. 100–525, § 4(span)(1), (2), amended Puspan. L. 99–500 and 99–591. See 1986 Amendment note below.

1986—Puspan. L. 99–500, § 101(span) [title II, § 206(a), formerly § 206], as redesignated and amended by Puspan. L. 100–525, § 4(span)(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,”.

Puspan. L. 99–591, § 101(span) [title II, § 206], a corrected version of Puspan. L. 99–500, § 101(span) [title II, § 206(a)], was repealed by Puspan. L. 100–525, § 4(d), effective as of Oct. 30, 1986.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 308(span)(2), (3)(C), (c)(2)(A), (d)(4)(H) of Puspan. 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 Puspan. L. 104–208, set out as a note under section 1101 of this title.

Effective Date of 1988 Amendment

Puspan. L. 100–525, § 4(c), Oct. 24, 1988, 102 Stat. 2615, provided that:

“The amendments made by subsections (a) and (span) [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(span) 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

Puspan. L. 102–484, div. A, title X, § 1079, Oct. 23, 1992, 106 Stat. 2514, as amended by Puspan. 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(span) of the Immigration and Nationality Act (8 U.S.C. 1224 [8 U.S.C. 1222(span)]) of special immigrants described in section 101(a)(27)(K) of such Act (8 U.S.C. 1101(a)(27)(K)).”