8 USC 1322 - Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined

Editorial Notes

Amendments

1996—Puspan. L. 104–208, § 308(d)(4)(I)(i)(I), amended section catchline.

Subsec. (a). Puspan. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II), substituted “inadmissible” for “excludable” and “condition causing inadmissibility” for “excluding condition”.

Subsec. (c). Puspan. L. 104–208, § 308(d)(4)(I)(i)(III), struck out “excluding” after “exemption from the”.

1994—Subsec. (a). Puspan. L. 103–416 struck out comma after “every alien so afflicted”.

1991—Subsec. (a). Puspan. L. 102–232 struck out comma before “shall pay”.

1990—Puspan. 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). Puspan. 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”.

Puspan. 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. (span). Puspan. L. 101–649, § 603(a)(15)(B), (C), redesignated subsec. (c) as (span) and struck out former subsec. (span) 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.”

Puspan. 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). Puspan. L. 101–649, § 603(a)(15)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (span).

Puspan. L. 101–649, § 543(a)(9)(C), substituted “Commissioner” for “collector of customs”.

Subsecs. (d), (e). Puspan. L. 101–649, § 603(a)(15)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

1965—Subsec. (a). Puspan. 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 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 1994 Amendment

Amendment by Puspan. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 219(dd) of Puspan. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Puspan. L. 102–232, title III, § 307(l), Dec. 12, 1991, 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, Puspan. L. 101–649.

Effective Date of 1990 Amendment

Amendment by section 543(a)(9) of Puspan. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Puspan. L. 101–649, set out as a note under section 1221 of this title.

Amendment by section 603(a)(15) of Puspan. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Puspan. L. 101–649, set out as a note under section 1101 of this title.

Effective Date of 1965 Amendment

Amendment by Puspan. L. 89–236 effective, except as otherwise provided, on first day of first month after expiration of thirty days following date of enactment of Puspan. L. 89–236, which was approved on Oct. 3, 1965, see section 20 of Puspan. 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.