US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1222]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 1222. Detention of aliens for physical and mental 
        examination
        

(a) Detention of aliens

    For the purpose of determining whether aliens (including alien 
crewmen) arriving at ports of the United States belong to any of the 
classes inadmissible under this chapter, by reason of being afflicted 
with any of the diseases or mental or physical defects or disabilities 
set forth in section 1182(a) of this title, or whenever the Attorney 
General has received information showing that any aliens are coming from 
a country or have embarked at a place where any of such diseases are 
prevalent or epidemic, such aliens shall be detained by the Attorney 
General for a sufficient time to enable the immigration officers and 
medical officers to subject such aliens to observation and an 
examination sufficient to determine whether or not they belong to 
inadmissible classes.

(b) Physical and mental examination

    The physical and mental examination of arriving aliens (including 
alien crewmen) shall be made by medical officers of the United States 
Public Health Service, who shall conduct all medical examinations and 
shall certify, for the information of the immigration officers and the 
immigration judges, any physical and mental defect or disease observed 
by such medical officers in any such alien. If medical officers of the 
United States Public Health Service are not available, civil surgeons of 
not less than four years' professional experience may be employed for 
such service upon such terms as may be prescribed by the Attorney 
General. Aliens (including alien crewmen) arriving at ports of the 
United States shall be examined by at least one such medical officer or 
civil surgeon under such administrative regulations as the Attorney 
General may prescribe, and under medical regulations prepared by the 
Secretary of Health and Human Services. Medical officers of the United 
States Public Health Service who have had special training in the 
diagnosis of insanity and mental defects shall be detailed for duty or 
employed at such ports of entry as the Attorney General may designate, 
and such medical officers shall be provided with suitable facilities for 
the detention and examination of all arriving aliens who it is suspected 
may be inadmissible under paragraph (1) of section 1182(a) of this 
title, and the services of interpreters shall be provided for such 
examination. Any alien certified under paragraph (1) of section 1182(a) 
of this title, may appeal to a board of medical officers of the United 
States Public Health Service, which shall be convened by the Secretary 
of Health and Human Services, and any such alien may introduce before 
such board one expert medical witness at his own cost and expense.

(c) Certification of certain helpless aliens

    If an examining medical officer determines that an alien arriving in 
the United States is inadmissible, is helpless from sickness, mental or 
physical disability, or infancy, and is accompanied by another alien 
whose protection or guardianship may be required, the officer may 
certify such fact for purposes of applying section 1182(a)(10)(B) of 
this title with respect to the other alien.

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 232, 66 Stat. 196; Pub. 
L. 99-500, Sec. 101(b) [title II, Sec. 206(a), formerly Sec. 206], Oct. 
18, 1986, 100 Stat. 1783-39, 1783-56, renumbered Sec. 206(a), Pub. L. 
100-525, Sec. 4(b)(1), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 99-591, 
Sec. 101(b) [title II, Sec. 206], Oct. 30, 1986, 100 Stat. 3341-39, 
3341-56; Pub. L. 100-525, Sec. 4(b)(2), (d), Oct. 24, 1988, 102 Stat. 
2615; Pub. L. 104-208, div. C, title III, Secs. 308(b)(2), (3)(C), 
(c)(2)(A), (d)(4)(H), Sept. 30, 1996, 110 Stat. 3009-615, 3009-616, 
3009-618.)

                          Codification

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


                               Amendments

    1996--Pub. L. 104-208, Sec. 308(b)(2)(B), amended section catchline 
generally.
    Pub. L. 104-208, Sec. 308(b)(2)(A), inserted ``(a) Detention of 
aliens'' before ``For the purpose of''.
    Subsec. (a). Pub. L. 104-208, Sec. 308(d)(4)(H), substituted 
``inadmissible under'' for ``excluded by'' and ``inadmissible classes'' 
for ``the excluded classes''.
    Subsec. (b). Pub. L. 104-208, Sec. 308(b)(3)(C), transferred section 
1224 of this title to subsec. (b) of this section. See Codification note 
above.
    Subsec. (c). Pub. L. 104-208, Sec. 308(c)(2)(A), added subsec. (c).
    1988--Pub. L. 100-525, Sec. 4(b)(1), (2), amended Pub. L. 99-500 and 
99-591. See 1986 Amendment note below.
    1986--Pub. L. 99-500, Sec. 101(b) [title II, Sec. 206(a), formerly 
Sec. 206], as redesignated and amended by Pub. L. 100-525, Sec. 4(b)(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,''.
    Pub. L. 99-591, Sec. 101(b) [title II, Sec. 206], a corrected 
version of Pub. L. 99-500, Sec. 101(b) [title II, Sec. 206(a)], was 
repealed by Pub. L. 100-525, Sec. 4(d), effective as of Oct. 30, 1986.


                    Effective Date of 1996 Amendment

    Amendment by section 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H) of 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.


                    Effective Date of 1988 Amendment

    Section 4(c) of Pub. L. 100-525 provided that: ``The amendments made 
by subsections (a) and (b) [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(b) 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

    Pub. L. 102-484, div. A, title X, Sec. 1079, Oct. 23, 1992, 106 
Stat. 2514, as amended by Pub. L. 104-208, div. C, title III, 
Sec. 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(b) of the Immigration 
and Nationality Act (8 U.S.C. 1224 [8 U.S.C. 1222(b)]) of special 
immigrants described in section 101(a)(27)(K) of such Act (8 U.S.C. 
1101(a)(27)(K)).''

                  Section Referred to in Other Sections

    This section is referred to in sections 1182, 1229a of this title.