8 USC 1253 - Penalties related to removal

Editorial Notes

Amendments

1996—Puspan. L. 104–208 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (h) relating to countries to which aliens were to be deported.

Subsec. (h)(2). Puspan. L. 104–132, § 413(a), inserted at end “For purposes of subparagraph (D), an alien who is described in section 1251(a)(4)(B) of this title shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.”

Subsec. (h)(3). Puspan. L. 104–132, § 413(f), added par. (3) which read as follows: “Notwithstanding any other provision of law, paragraph (1) shall apply to any alien if the Attorney General determines, in the discretion of the Attorney General, that—

“(A) such alien’s life or freedom would be threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, membership in a particular social group, or political opinion; and

“(B) the application of paragraph (1) to such alien is necessary to ensure compliance with the 1967 United Nations Protocol Relating to the Status of Refugees.”

1990—Subsec. (h)(1). Puspan. L. 101–649, § 603(span)(3), substituted “1251(a)(4)(D)” for “1251(a)(19)”.

Subsec. (h)(2). Puspan. L. 101–649, § 515(a)(2), inserted sentence at end relating to aliens who have been convicted of aggravated felonies.

1981—Subsec. (a). Puspan. L. 97–116 inserted a comma after “subject” in fourth sentence.

1980—Subsec. (h). Puspan. L. 96–212 substituted provisions relating to deportation or return of an alien where the Attorney General determines that the return would threaten the life or freedom of the alien on account of race, religion, nationality, membership in a particular social group, or political opinion, for provisions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on account of race, religion, or political opinion.

1978—Subsec. (h). Puspan. L. 95–549 inserted “(other than an alien described in section 1251(a) of this title)” before “within the United States”.

1965—Subsec. (h). Puspan. L. 89–236 substituted “persecution on account of race, religion, or political opinion” for “physical persecution”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendments

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.

Puspan. L. 104–132, title IV, § 413(g), Apr. 24, 1996, 110 Stat. 1269, provided that:

“The amendments made by this section [amending this section and sections 1254, 1255, and 1259 of this title] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.”

Effective Date of 1990 Amendment

Amendment by section 515(a)(2) of Puspan. L. 101–649 applicable to convictions entered before, on, or after Nov. 29, 1990, and to applications for withholding of deportation made on or after such date, see section 515(span)(2) of Puspan. L. 101–649, as amended, set out as a note under section 1158 of this title.

Amendment by section 603(span)(3) of Puspan. L. 101–649 not applicable to deportation proceedings for which notice has been provided to the alien before Mar. 1, 1991, see section 602(d) of Puspan. L. 101–649, set out as a note under section 1227 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Puspan. L. 97–116, set out as a note under section 1101 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–212 effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Puspan. L. 96–212, set out as a note under section 1101 of this title.

Effective Date of 1965 Amendment

For effective date of amendment by Puspan. L. 89–236, 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.

References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Puspan. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.

Sense of Congress Respecting Treatment of Cuban Political Prisoners

Puspan. L. 99–603, title III, § 315(c), Nov. 6, 1986, 100 Stat. 3440, as amended by Puspan. L. 104–208, div. C, title III, § 308(g)(7)(C)(i), Sept. 30, 1996, 110 Stat. 3009–623, provided that:

“It is the sense of the Congress that the Secretary of State should provide for the issuance of visas to nationals of Cuba who are or were imprisoned in Cuba for political activities without regard to section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)).”