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: 8USC1223]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 1223. Entry through or from foreign territory and adjacent 
        islands
        

(a) Necessity of transportation contract

    The Attorney General shall have power to enter into contracts with 
transportation lines for the inspection and admission of aliens coming 
to the United States from foreign territory or from adjacent islands. No 
such transportation line shall be allowed to land any such alien in the 
United States until and unless it has entered into any such contracts 
which may be required by the Attorney General.

(b) Landing stations

    Every transportation line engaged in carrying alien passengers for 
hire to the United States from foreign territory or from adjacent 
islands shall provide and maintain at its expense suitable landing 
stations, approved by the Attorney General, conveniently located at the 
point or points of entry. No such transportation line shall be allowed 
to land any alien passengers in the United States until such landing 
stations are provided, and unless such stations are thereafter 
maintained to the satisfaction of the Attorney General.

(c) Landing agreements

    The Attorney General shall have power to enter into contracts 
including bonding agreements with transportation lines to guarantee the 
passage through the United States in immediate and continuous transit of 
aliens destined to foreign countries. Notwithstanding any other 
provision of this chapter, such aliens may not have their classification 
changed under section 1258 of this title.

(d) Definitions

    As used in this section the terms ``transportation line'' and 
``transportation company'' include, but are not limited to, the owner, 
charterer, consignee, or authorized agent operating any vessel or 
aircraft or railroad train bringing aliens to the United States, to 
foreign territory, or to adjacent islands.

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 233, formerly Sec. 238, 
66 Stat. 202; Pub. L. 99-653, Sec. 7(b), Nov. 14, 1986, 100 Stat. 3657; 
renumbered Sec. 233 and amended Pub. L. 104-208, div. C, title III, 
Secs. 308(b)(4), (f)(4), 362, Sept. 30, 1996, 110 Stat. 3009-615, 3009-
622, 3009-645.)

                          Codification

    Section was formerly classified to section 1228 of this title prior 
to renumbering by Pub. L. 104-208.


                            Prior Provisions

    A prior section 1223, act June 27, 1952, ch. 477, title II, ch. 4, 
Sec. 233, 66 Stat. 197, related to examinations of aliens upon arrival 
in the United States, prior to repeal by 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) and amended Pub. L. 100-525, 
Sec. 4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615.


                               Amendments

    1996--Pub. L. 104-208, Sec. 362(a)(1), amended section catchline.
    Subsec. (a). Pub. L. 104-208, Sec. 362(a)(2), struck out 
``contiguous'' after ``foreign''.
    Pub. L. 104-208, Sec. 308(f)(4), substituted ``inspection and 
admission'' for ``entry and inspection''.
    Subsec. (b). Pub. L. 104-208, Sec. 362(a)(2), struck out 
``contiguous'' after ``foreign''.
    Subsec. (d). Pub. L. 104-208, Sec. 362(b), inserted ``or railroad 
train'' after ``aircraft''.
    Pub. L. 104-208, Sec. 362(a)(2), struck out ``contiguous'' after 
``foreign''.
    1986--Pub. L. 99-653 struck out subsec. (a) which authorized the 
Attorney General to enter into contracts with transportation lines for 
the entry and inspection of aliens and to prescribe regulations, and 
redesignated subsecs. (b) to (e) as (a) to (d), respectively.


                    Effective Date of 1996 Amendment

    Amendment by section 308(b)(4), (f)(4) 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 1986 Amendment

    Amendment by Pub. L. 99-653 applicable to visas issued, and 
admissions occurring, on or after Nov. 14, 1986, see section 23(a) of 
Pub. L. 99-653, set out as a note under section 1101 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1182, 1321, 1356 of this 
title.