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: 8USC1225]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 1225. Inspection by immigration officers; expedited removal 
        of inadmissible arriving aliens; referral for hearing
        

(a) Inspection

           (1) Aliens treated as applicants for admission

        An alien present in the United States who has not been admitted 
    or who arrives in the United States (whether or not at a designated 
    port of arrival and including an alien who is brought to the United 
    States after having been interdicted in international or United 
    States waters) shall be deemed for purposes of this chapter an 
    applicant for admission.

                            (2) Stowaways

        An arriving alien who is a stowaway is not eligible to apply for 
    admission or to be admitted and shall be ordered removed upon 
    inspection by an immigration officer. Upon such inspection if the 
    alien indicates an intention to apply for asylum under section 1158 
    of this title or a fear of persecution, the officer shall refer the 
    alien for an interview under subsection (b)(1)(B) of this section. A 
    stowaway may apply for asylum only if the stowaway is found to have 
    a credible fear of persecution under subsection (b)(1)(B) of this 
    section. In no case may a stowaway be considered an applicant for 
    admission or eligible for a hearing under section 1229a of this 
    title.

                           (3) Inspection

        All aliens (including alien crewmen) who are applicants for 
    admission or otherwise seeking admission or readmission to or 
    transit through the United States shall be inspected by immigration 
    officers.

             (4) Withdrawal of application for admission

        An alien applying for admission may, in the discretion of the 
    Attorney General and at any time, be permitted to withdraw the 
    application for admission and depart immediately from the United 
    States.

                           (5) Statements

        An applicant for admission may be required to state under oath 
    any information sought by an immigration officer regarding the 
    purposes and intentions of the applicant in seeking admission to the 
    United States, including the applicant's intended length of stay and 
    whether the applicant intends to remain permanently or become a 
    United States citizen, and whether the applicant is inadmissible.

(b) Inspection of applicants for admission

     (1) Inspection of aliens arriving in the United States and 
             certain other aliens who have not been admitted or 
                                   paroled

        (A) Screening

            (i) In general

                If an immigration officer determines that an alien 
            (other than an alien described in subparagraph (F)) who is 
            arriving in the United States or is described in clause 
            (iii) is inadmissible under section 1182(a)(6)(C) or 
            1182(a)(7) of this title, the officer shall order the alien 
            removed from the United States without further hearing or 
            review unless the alien indicates either an intention to 
            apply for asylum under section 1158 of this title or a fear 
            of persecution.
            (ii) Claims for asylum

                If an immigration officer determines that an alien 
            (other than an alien described in subparagraph (F)) who is 
            arriving in the United States or is described in clause 
            (iii) is inadmissible under section 1182(a)(6)(C) or 
            1182(a)(7) of this title and the alien indicates either an 
            intention to apply for asylum under section 1158 of this 
            title or a fear of persecution, the officer shall refer the 
            alien for an interview by an asylum officer under 
            subparagraph (B).
            (iii) Application to certain other aliens

                (I) In general

                    The Attorney General may apply clauses (i) and (ii) 
                of this subparagraph to any or all aliens described in 
                subclause (II) as designated by the Attorney General. 
                Such designation shall be in the sole and unreviewable 
                discretion of the Attorney General and may be modified 
                at any time.
                (II) Aliens described

                    An alien described in this clause is an alien who is 
                not described in subparagraph (F), who has not been 
                admitted or paroled into the United States, and who has 
                not affirmatively shown, to the satisfaction of an 
                immigration officer, that the alien has been physically 
                present in the United States continuously for the 2-year 
                period immediately prior to the date of the 
                determination of inadmissibility under this 
                subparagraph.

        (B) Asylum interviews

            (i) Conduct by asylum officers

                An asylum officer shall conduct interviews of aliens 
            referred under subparagraph (A)(ii), either at a port of 
            entry or at such other place designated by the Attorney 
            General.
            (ii) Referral of certain aliens

                If the officer determines at the time of the interview 
            that an alien has a credible fear of persecution (within the 
            meaning of clause (v)), the alien shall be detained for 
            further consideration of the application for asylum.
            (iii) Removal without further review if no credible 
                    fear of persecution

                (I) In general

                    Subject to subclause (III), if the officer 
                determines that an alien does not have a credible fear 
                of persecution, the officer shall order the alien 
                removed from the United States without further hearing 
                or review.
                (II) Record of determination

                    The officer shall prepare a written record of a 
                determination under subclause (I). Such record shall 
                include a summary of the material facts as stated by the 
                applicant, such additional facts (if any) relied upon by 
                the officer, and the officer's analysis of why, in the 
                light of such facts, the alien has not established a 
                credible fear of persecution. A copy of the officer's 
                interview notes shall be attached to the written 
                summary.
                (III) Review of determination

                    The Attorney General shall provide by regulation and 
                upon the alien's request for prompt review by an 
                immigration judge of a determination under subclause (I) 
                that the alien does not have a credible fear of 
                persecution. Such review shall include an opportunity 
                for the alien to be heard and questioned by the 
                immigration judge, either in person or by telephonic or 
                video connection. Review shall be concluded as 
                expeditiously as possible, to the maximum extent 
                practicable within 24 hours, but in no case later than 7 
                days after the date of the determination under subclause 
                (I).
                (IV) Mandatory detention

                    Any alien subject to the procedures under this 
                clause shall be detained pending a final determination 
                of credible fear of persecution and, if found not to 
                have such a fear, until removed.
            (iv) Information about interviews

                The Attorney General shall provide information 
            concerning the asylum interview described in this 
            subparagraph to aliens who may be eligible. An alien who is 
            eligible for such interview may consult with a person or 
            persons of the alien's choosing prior to the interview or 
            any review thereof, according to regulations prescribed by 
            the Attorney General. Such consultation shall be at no 
            expense to the Government and shall not unreasonably delay 
            the process.
            (v) ``Credible fear of persecution'' defined

                For purposes of this subparagraph, the term ``credible 
            fear of persecution'' means that there is a significant 
            possibility, taking into account the credibility of the 
            statements made by the alien in support of the alien's claim 
            and such other facts as are known to the officer, that the 
            alien could establish eligibility for asylum under section 
            1158 of this title.

        (C) Limitation on administrative review

            Except as provided in subparagraph (B)(iii)(III), a removal 
        order entered in accordance with subparagraph (A)(i) or 
        (B)(iii)(I) is not subject to administrative appeal, except that 
        the Attorney General shall provide by regulation for prompt 
        review of such an order under subparagraph (A)(i) against an 
        alien who claims under oath, or as permitted under penalty of 
        perjury under section 1746 of title 28, after having been warned 
        of the penalties for falsely making such claim under such 
        conditions, to have been lawfully admitted for permanent 
        residence, to have been admitted as a refugee under section 1157 
        of this title, or to have been granted asylum under section 1158 
        of this title.

        (D) Limit on collateral attacks

            In any action brought against an alien under section 1325(a) 
        of this title or section 1326 of this title, the court shall not 
        have jurisdiction to hear any claim attacking the validity of an 
        order of removal entered under subparagraph (A)(i) or (B)(iii).

        (E) ``Asylum officer'' defined

            As used in this paragraph, the term ``asylum officer'' means 
        an immigration officer who--
                (i) has had professional training in country conditions, 
            asylum law, and interview techniques comparable to that 
            provided to full-time adjudicators of applications under 
            section 1158 of this title, and
                (ii) is supervised by an officer who meets the condition 
            described in clause (i) and has had substantial experience 
            adjudicating asylum applications.

        (F) Exception

            Subparagraph (A) shall not apply to an alien who is a native 
        or citizen of a country in the Western Hemisphere with whose 
        government the United States does not have full diplomatic 
        relations and who arrives by aircraft at a port of entry.

                   (2) Inspection of other aliens

        (A) In general

            Subject to subparagraphs (B) and (C), in the case of an 
        alien who is an applicant for admission, if the examining 
        immigration officer determines that an alien seeking admission 
        is not clearly and beyond a doubt entitled to be admitted, the 
        alien shall be detained for a proceeding under section 1229a of 
        this title.

        (B) Exception

            Subparagraph (A) shall not apply to an alien--
                (i) who is a crewman,
                (ii) to whom paragraph (1) applies, or
                (iii) who is a stowaway.

        (C) Treatment of aliens arriving from contiguous territory

            In the case of an alien described in subparagraph (A) who is 
        arriving on land (whether or not at a designated port of 
        arrival) from a foreign territory contiguous to the United 
        States, the Attorney General may return the alien to that 
        territory pending a proceeding under section 1229a of this 
        title.

                      (3) Challenge of decision

        The decision of the examining immigration officer, if favorable 
    to the admission of any alien, shall be subject to challenge by any 
    other immigration officer and such challenge shall operate to take 
    the alien whose privilege to be admitted is so challenged, before an 
    immigration judge for a proceeding under section 1229a of this 
    title.

(c) Removal of aliens inadmissible on security and related grounds

                 (1) Removal without further hearing

        If an immigration officer or an immigration judge suspects that 
    an arriving alien may be inadmissible under subparagraph (A) (other 
    than clause (ii)), (B), or (C) of section 1182(a)(3) of this title, 
    the officer or judge shall--
            (A) order the alien removed, subject to review under 
        paragraph (2);
            (B) report the order of removal to the Attorney General; and
            (C) not conduct any further inquiry or hearing until ordered 
        by the Attorney General.

                         (2) Review of order

        (A) The Attorney General shall review orders issued under 
    paragraph (1).
        (B) If the Attorney General--
            (i) is satisfied on the basis of confidential information 
        that the alien is inadmissible under subparagraph (A) (other 
        than clause (ii)), (B), or (C) of section 1182(a)(3) of this 
        title, and
            (ii) after consulting with appropriate security agencies of 
        the United States Government, concludes that disclosure of the 
        information would be prejudicial to the public interest, safety, 
        or security,

    the Attorney General may order the alien removed without further 
    inquiry or hearing by an immigration judge.
        (C) If the Attorney General does not order the removal of the 
    alien under subparagraph (B), the Attorney General shall specify the 
    further inquiry or hearing that shall be conducted in the case.

             (3) Submission of statement and information

        The alien or the alien's representative may submit a written 
    statement and additional information for consideration by the 
    Attorney General.

(d) Authority relating to inspections

                 (1) Authority to search conveyances

        Immigration officers are authorized to board and search any 
    vessel, aircraft, railway car, or other conveyance or vehicle in 
    which they believe aliens are being brought into the United States.

     (2) Authority to order detention and delivery of arriving 
                                   aliens

        Immigration officers are authorized to order an owner, agent, 
    master, commanding officer, person in charge, purser, or consignee 
    of a vessel or aircraft bringing an alien (except an alien 
    crewmember) to the United States--
            (A) to detain the alien on the vessel or at the airport of 
        arrival, and
            (B) to deliver the alien to an immigration officer for 
        inspection or to a medical officer for examination.

      (3) Administration of oath and consideration of evidence

        The Attorney General and any immigration officer shall have 
    power to administer oaths and to take and consider evidence of or 
    from any person touching the privilege of any alien or person he 
    believes or suspects to be an alien to enter, reenter, transit 
    through, or reside in the United States or concerning any matter 
    which is material and relevant to the enforcement of this chapter 
    and the administration of the Service.

                       (4) Subpoena authority

        (A) The Attorney General and any immigration officer shall have 
    power to require by subpoena the attendance and testimony of 
    witnesses before immigration officers and the production of books, 
    papers, and documents relating to the privilege of any person to 
    enter, reenter, reside in, or pass through the United States or 
    concerning any matter which is material and relevant to the 
    enforcement of this chapter and the administration of the Service, 
    and to that end may invoke the aid of any court of the United 
    States.
        (B) Any United States district court within the jurisdiction of 
    which investigations or inquiries are being conducted by an 
    immigration officer may, in the event of neglect or refusal to 
    respond to a subpoena issued under this paragraph or refusal to 
    testify before an immigration officer, issue an order requiring such 
    persons to appear before an immigration officer, produce books, 
    papers, and documents if demanded, and testify, and any failure to 
    obey such order of the court may be punished by the court as a 
    contempt thereof.

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 235, 66 Stat. 198; Pub. 
L. 101-649, title VI, Sec. 603(a)(11), Nov. 29, 1990, 104 Stat. 5083; 
Pub. L. 104-132, title IV, Secs. 422(a), 423(b), Apr. 24, 1996, 110 
Stat. 1270, 1272; Pub. L. 104-208, div. C, title III, Secs. 302(a), 
308(d)(5), 371(b)(4), Sept. 30, 1996, 110 Stat. 3009-579, 3009-619, 
3009-645.)


                               Amendments

    1996--Pub. L. 104-208, Sec. 302(a), amended section generally, 
revising and restating former subsecs. (a) to (d) relating to inspection 
of aliens arriving in the United States, powers of immigration officers, 
detention of aliens for further inquiry, temporary and permanent 
exclusion of aliens, and collateral attacks on orders of exclusion and 
deportation.
    Pub. L. 104-208, Sec. 371(b)(4), substituted ``an immigration 
judge'' for ``a special inquiry officer'', ``immigration judge'' for 
``special inquiry officer'', and ``immigration judges'' for ``special 
inquiry officers'', wherever appearing in subsecs. (a) to (c).
    Subsec. (b). Pub. L. 104-132, Sec. 422(a), which directed the 
general amendment of subsec. (b) by substituting pars. (1) to (3) 
relating to asylum interviews and hearings, detention for further 
inquiry, and challenges of favorable decisions, for former subsec. (b) 
consisting of single par., was repealed by Pub. L. 104-208, 
Sec. 308(d)(5). See Construction of 1996 Amendment note below.
    Subsec. (d). Pub. L. 104-132, Sec. 423(b), added subsec. (d) which 
read as follows: ``In any action brought for the assessment of penalties 
for improper entry or re-entry of an alien under section 1325 or section 
1326 of this title, no court shall have jurisdiction to hear claims 
collaterally attacking the validity of orders of exclusion, special 
exclusion, or deportation entered under this section or sections 1226 
and 1252 of this title.''
    1990--Subsec. (c). Pub. L. 101-649 substituted ``subparagraph (A) 
(other than clause (ii)), (B), or (C) of section 1182(a)(3) of this 
title'' for ``paragraph (27), (28), or (29) of section 1182(a) of this 
title''.


                    Effective Date of 1996 Amendments

    Amendment by section 302(a) 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.
    Section 308(d)(5) of div. C of Pub. L. 104-208 provided that the 
amendment made by that section is effective as of Apr. 24, 1996. See 
Construction of 1996 Amendment note below.
    Amendment by section 371(b)(4) of Pub. L. 104-208 effective Sept. 
30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a note 
under section 1101 of this title.
    Section 422(c) of Pub. L. 104-132, which provided that the 
amendments made by section 422 of Pub. L. 104-132 [amending this section 
and former section 1227 of this title] were to take effect on the first 
day of the first month that began more than 180 days after Apr. 24, 
1996, was repealed by Pub. L. 104-208, div. C, title III, 
Sec. 308(d)(5), Sept. 30, 1996, 110 Stat. 3009-619. See Construction of 
1996 Amendment note below.


                    Effective Date of 1990 Amendment

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


                     Construction of 1996 Amendment

    Section 308(d)(5) of div. C of Pub. L. 104-208 provided that: 
``Effective as of the date of the enactment of the Antiterrorism and 
Effective Death Penalty Act of 1996 [Pub. L. 104-132, approved Apr. 24, 
1996], section 422 of such Act [amending this section and section 1227 
of this title, and enacting provisions set out as a note above] is 
repealed and the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] 
shall be applied as if such section had not been enacted.''

  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.


         GAO Study on Operation of Expedited Removal Procedures

    Section 302(b) of div. C of Pub. L. 104-208 provided that:
    ``(1) Study.--The Comptroller General shall conduct a study on the 
implementation of the expedited removal procedures under section 
235(b)(1) of the Immigration and Nationality Act [8 U.S.C. 1225(b)(1)], 
as amended by subsection (a). The study shall examine--
        ``(A) the effectiveness of such procedures in deterring illegal 
    entry,
        ``(B) the detention and adjudication resources saved as a result 
    of the procedures,
        ``(C) the administrative and other costs expended to comply with 
    the provision,
        ``(D) the effectiveness of such procedures in processing asylum 
    claims by undocumented aliens who assert a fear of persecution, 
    including the accuracy of credible fear determinations, and
        ``(E) the cooperation of other countries and air carriers in 
    accepting and returning aliens removed under such procedures.
    ``(2) Report.--By not later than 18 months after the date of the 
enactment of this Act [Sept. 30, 1996], the Comptroller General shall 
submit to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on the study conducted under 
paragraph (1).''


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

    For purposes of 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 Pub. L. 
104-208, set out in an Effective Date of 1996 Amendments note under 
section 1101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1155, 1158, 1159, 1182, 
1187, 1227, 1229a, 1229c, 1231, 1252, 1326, 1368 of this title; title 22 
sections 6473, 6474.