§ 1227. — Deportable aliens.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1227]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
Sec. 1227. Deportable aliens
(a) Classes of deportable aliens
Any alien (including an alien crewman) in and admitted to the United
States shall, upon the order of the Attorney General, be removed if the
alien is within one or more of the following classes of deportable
aliens:
(1) Inadmissible at time of entry or of adjustment of status
or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or adjustment of status
was within one or more of the classes of aliens inadmissible by
the law existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United States in violation
of this chapter or any other law of the United States is
deportable.
(C) Violated nonimmigrant status or condition of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a nonimmigrant and who has
failed to maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under section
1258 of this title, or to comply with the conditions of any
such status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health and Human
Services certifies has failed to comply with terms,
conditions, and controls that were imposed under section
1182(g) of this title is deportable.
(D) Termination of conditional permanent residence
(i) In general
Any alien with permanent resident status on a
conditional basis under section 1186a of this title
(relating to conditional permanent resident status for
certain alien spouses and sons and daughters) or under
section 1186b of this title (relating to conditional
permanent resident status for certain alien entrepreneurs,
spouses, and children) who has had such status terminated
under such respective section is deportable.
(ii) Exception
Clause (i) shall not apply in the cases described in
section 1186a(c)(4) of this title (relating to certain
hardship waivers).
(E) Smuggling
(i) In general
Any alien who (prior to the date of entry, at the time
of any entry, or within 5 years of the date of any entry)
knowingly has encouraged, induced, assisted, abetted, or
aided any other alien to enter or to try to enter the United
States in violation of law is deportable.
(ii) Special rule in the case of family
reunification
Clause (i) shall not apply in the case of alien who is
an eligible immigrant (as defined in section 301(b)(1) of
the Immigration Act of 1990), was physically present in the
United States on May 5, 1988, and is seeking admission as an
immediate relative or under section 1153(a)(2) of this title
(including under section 112 of the Immigration Act of 1990)
or benefits under section 301(a) of the Immigration Act of
1990 if the alien, before May 5, 1988, has encouraged,
induced, assisted, abetted, or aided only the alien's
spouse, parent, son, or daughter (and no other individual)
to enter the United States in violation of law.
(iii) Waiver authorized
The Attorney General may, in his discretion for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest, waive application of
clause (i) in the case of any alien lawfully admitted for
permanent residence if the alien has encouraged, induced,
assisted, abetted, or aided only an individual who at the
time of the offense was the alien's spouse, parent, son, or
daughter (and no other individual) to enter the United
States in violation of law.
(F) Repealed. Pub. L. 104-208, div. C, title VI,
Sec. 671(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-723
(G) Marriage fraud
An alien shall be considered to be deportable as having
procured a visa or other documentation by fraud (within the
meaning of section 1182(a)(6)(C)(i) of this title) and to be in
the United States in violation of this chapter (within the
meaning of subparagraph (B)) if--
(i) the alien obtains any admission into the United
States with an immigrant visa or other documentation
procured on the basis of a marriage entered into less than 2
years prior to such admission of the alien and which, within
2 years subsequent to any admission of the alien in the
United States, shall be judicially annulled or terminated,
unless the alien establishes to the satisfaction of the
Attorney General that such marriage was not contracted for
the purpose of evading any provisions of the immigration
laws, or
(ii) it appears to the satisfaction of the Attorney
General that the alien has failed or refused to fulfill the
alien's marital agreement which in the opinion of the
Attorney General was made for the purpose of procuring the
alien's admission as an immigrant.
(H) Waiver authorized for certain misrepresentations
The provisions of this paragraph relating to the removal of
aliens within the United States on the ground that they were
inadmissible at the time of admission as aliens described in
section 1182(a)(6)(C)(i) of this title, whether willful or
innocent, may, in the discretion of the Attorney General, be
waived for any alien (other than an alien described in paragraph
(4)(D)) who--
(i)(I) is the spouse, parent, son, or daughter of a
citizen of the United States or of an alien lawfully
admitted to the United States for permanent residence; and
(II) was in possession of an immigrant visa or
equivalent document and was otherwise admissible to the
United States at the time of such admission except for those
grounds of inadmissibility specified under paragraphs (5)(A)
and (7)(A) of section 1182(a) of this title which were a
direct result of that fraud or misrepresentation.
(ii) is an alien who qualifies for classification under
clause (iii) or (iv) of section 1154(a)(1)(A) of this title
or clause (ii) or (iii) of section 1154(a)(1)(B) of this
title.
A waiver of removal for fraud or misrepresentation granted under
this subparagraph shall also operate to waive removal based on
the grounds of inadmissibility directly resulting from such
fraud or misrepresentation.
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude
Any alien who--
(I) is convicted of a crime involving moral
turpitude committed within five years (or 10 years in
the case of an alien provided lawful permanent resident
status under section 1255(j) of this title) after the
date of admission, and
(II) is convicted of a crime for which a sentence of
one year or longer may be imposed,
is deportable.
(ii) Multiple criminal convictions
Any alien who at any time after admission is convicted
of two or more crimes involving moral turpitude, not arising
out of a single scheme of criminal misconduct, regardless of
whether confined therefor and regardless of whether the
convictions were in a single trial, is deportable.
(iii) Aggravated felony
Any alien who is convicted of an aggravated felony at
any time after admission is deportable.
(iv) High speed flight
Any alien who is convicted of a violation of section 758
of title 18 (relating to high speed flight from an
immigration checkpoint) is deportable.
(v) Waiver authorized
Clauses (i), (ii), (iii), and (iv) shall not apply in
the case of an alien with respect to a criminal conviction
if the alien subsequent to the criminal conviction has been
granted a full and unconditional pardon by the President of
the United States or by the Governor of any of the several
States.
(B) Controlled substances
(i) Conviction
Any alien who at any time after admission has been
convicted of a violation of (or a conspiracy or attempt to
violate) any law or regulation of a State, the United
States, or a foreign country relating to a controlled
substance (as defined in section 802 of title 21), other
than a single offense involving possession for one's own use
of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts
Any alien who is, or at any time after admission has
been, a drug abuser or addict is deportable.
(C) Certain firearm offenses
Any alien who at any time after admission is convicted under
any law of purchasing, selling, offering for sale, exchanging,
using, owning, possessing, or carrying, or of attempting or
conspiring to purchase, sell, offer for sale, exchange, use,
own, possess, or carry, any weapon, part, or accessory which is
a firearm or destructive device (as defined in section 921(a) of
title 18) in violation of any law is deportable.
(D) Miscellaneous crimes
Any alien who at any time has been convicted (the judgment
on such conviction becoming final) of, or has been so convicted
of a conspiracy or attempt to violate--
(i) any offense under chapter 37 (relating to
espionage), chapter 105 (relating to sabotage), or chapter
115 (relating to treason and sedition) of title 18 for which
a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18;
(iii) a violation of any provision of the Military
Selective Service Act (50 U.S.C. App. 451 et seq.) or the
Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of this title,
is deportable.
(E) Crimes of domestic violence, stalking, or violation of
protection order, crimes against children and
(i) Domestic violence, stalking, and child abuse
Any alien who at any time after admission is convicted
of a crime of domestic violence, a crime of stalking, or a
crime of child abuse, child neglect, or child abandonment is
deportable. For purposes of this clause, the term ``crime of
domestic violence'' means any crime of violence (as defined
in section 16 of title 18) against a person committed by a
current or former spouse of the person, by an individual
with whom the person shares a child in common, by an
individual who is cohabiting with or has cohabited with the
person as a spouse, by an individual similarly situated to a
spouse of the person under the domestic or family violence
laws of the jurisdiction where the offense occurs, or by any
other individual against a person who is protected from that
individual's acts under the domestic or family violence laws
of the United States or any State, Indian tribal government,
or unit of local government.
(ii) Violators of protection orders
Any alien who at any time after admission is enjoined
under a protection order issued by a court and whom the
court determines has engaged in conduct that violates the
portion of a protection order that involves protection
against credible threats of violence, repeated harassment,
or bodily injury to the person or persons for whom the
protection order was issued is deportable. For purposes of
this clause, the term ``protection order'' means any
injunction issued for the purpose of preventing violent or
threatening acts of domestic violence, including temporary
or final orders issued by civil or criminal courts (other
than support or child custody orders or provisions) whether
obtained by filing an independent action or as a pendente
lite order in another proceeding.
(3) Failure to register and falsification of documents
(A) Change of address
An alien who has failed to comply with the provisions of
section 1305 of this title is deportable, unless the alien
establishes to the satisfaction of the Attorney General that
such failure was reasonably excusable or was not willful.
(B) Failure to register or falsification of documents
Any alien who at any time has been convicted--
(i) under section 1306(c) of this title or under section
36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a conspiracy to
violate, any provision of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a conspiracy
to violate, section 1546 of title 18 (relating to fraud and
misuse of visas, permits, and other entry documents),
is deportable.
(C) Document fraud
(i) In general
An alien who is the subject of a final order for
violation of section 1324c of this title is deportable.
(ii) Waiver authorized
The Attorney General may waive clause (i) in the case of
an alien lawfully admitted for permanent residence if no
previous civil money penalty was imposed against the alien
under section 1324c of this title and the offense was
incurred solely to assist, aid, or support the alien's
spouse or child (and no other individual). No court shall
have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this clause.
(D) Falsely claiming citizenship
(i) In general
Any alien who falsely represents, or has falsely
represented, himself to be a citizen of the United States
for any purpose or benefit under this chapter (including
section 1324a of this title) or any Federal or State law is
deportable.
(ii) Exception
In the case of an alien making a representation
described in clause (i), if each natural parent of the alien
(or, in the case of an adopted alien, each adoptive parent
of the alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided in the United
States prior to attaining the age of 16, and the alien
reasonably believed at the time of making such
representation that he or she was a citizen, the alien shall
not be considered to be deportable under any provision of
this subsection based on such representation.
(4) Security and related grounds
(A) In general
Any alien who has engaged, is engaged, or at any time after
admission engages in--
(i) any activity to violate any law of the United States
relating to espionage or sabotage or to violate or evade any
law prohibiting the export from the United States of goods,
technology, or sensitive information,
(ii) any other criminal activity which endangers public
safety or national security, or
(iii) any activity a purpose of which is the opposition
to, or the control or overthrow of, the Government of the
United States by force, violence, or other unlawful means,
is deportable.
(B) Terrorist activities
Any alien who has engaged, is engaged, or at any time after
admission engages in any terrorist activity (as defined in
section 1182(a)(3)(B)(iv) of this title) is deportable.
(C) Foreign policy
(i) In general
An alien whose presence or activities in the United
States the Secretary of State has reasonable ground to
believe would have potentially serious adverse foreign
policy consequences for the United States is deportable.
(ii) Exceptions
The exceptions described in clauses (ii) and (iii) of
section 1182(a)(3)(C) of this title shall apply to
deportability under clause (i) in the same manner as they
apply to inadmissibility under section 1182(a)(3)(C)(i) of
this title.
(D) Assisted in Nazi persecution or engaged in genocide
Any alien described in clause (i) or (ii) of section
1182(a)(3)(E) of this title is deportable.
(5) Public charge
Any alien who, within five years after the date of entry, has
become a public charge from causes not affirmatively shown to have
arisen since entry is deportable.
(6) Unlawful voters
(A) In general
Any alien who has voted in violation of any Federal, State,
or local constitutional provision, statute, ordinance, or
regulation is deportable.
(B) Exception
In the case of an alien who voted in a Federal, State, or
local election (including an initiative, recall, or referendum)
in violation of a lawful restriction of voting to citizens, if
each natural parent of the alien (or, in the case of an adopted
alien, each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of 16,
and the alien reasonably believed at the time of such violation
that he or she was a citizen, the alien shall not be considered
to be deportable under any provision of this subsection based on
such violation.
(7) Waiver for victims of domestic violence
(A) In general
The Attorney General is not limited by the criminal court
record and may waive the application of paragraph (2)(E)(i)
(with respect to crimes of domestic violence and crimes of
stalking) and (ii) in the case of an alien who has been battered
or subjected to extreme cruelty and who is not and was not the
primary perpetrator of violence in the relationship--
(i) upon a determination that--
(I) the alien was acting is \1\ self-defense;
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``in''.
---------------------------------------------------------------------------
(II) the alien was found to have violated a
protection order intended to protect the alien; or
(III) the alien committed, was arrested for, was
convicted of, or pled guilty to committing a crime--
(aa) that did not result in serious bodily
injury; and
(bb) where there was a connection between the
crime and the alien's having been battered or
subjected to extreme cruelty.
(B) Credible evidence considered
In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole
discretion of the Attorney General.
(b) Deportation of certain nonimmigrants
An alien, admitted as a nonimmigrant under the provision of either
section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this title, and who
fails to maintain a status under either of those provisions, shall not
be required to depart from the United States without the approval of the
Secretary of State, unless such alien is subject to deportation under
paragraph (4) of subsection (a) of this section.
(c) Waiver of grounds for deportation
Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection
(a) of this section (other than so much of paragraph (1) as relates to a
ground of inadmissibility described in paragraph (2) or (3) of section
1182(a) of this title) shall not apply to a special immigrant described
in section 1101(a)(27)(J) of this title based upon circumstances that
existed before the date the alien was provided such special immigrant
status.
(June 27, 1952, ch. 477, title II, ch. 4, Sec. 237, formerly ch. 5,
Sec. 241, 66 Stat. 204; July 18, 1956, ch. 629, title III, Sec. 301(b),
(c), 70 Stat. 575; Pub. L. 86-648, Sec. 9, July 14, 1960, 74 Stat. 505;
Pub. L. 87-301, Sec. 16, Sept. 26, 1961, 75 Stat. 655; Pub. L. 89-236,
Sec. 11(e), Oct. 3, 1965, 79 Stat. 918; Pub. L. 94-571, Sec. 7(e), Oct.
20, 1976, 90 Stat. 2706; Pub. L. 95-549, title I, Sec. 103, Oct. 30,
1978, 92 Stat. 2065; Pub. L. 97-116, Sec. 8, Dec. 29, 1981, 95 Stat.
1616; Pub. L. 99-570, title I, Sec. 1751(b), Oct. 27, 1986, 100 Stat.
3207-47; Pub. L. 99-603, title III, Sec. 303(b), Nov. 6, 1986, 100 Stat.
3431; Pub. L. 99-639, Sec. 2(b), Nov. 10, 1986, 100 Stat. 3541; Pub. L.
99-653, Sec. 7(c), Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525,
Secs. 2(n)(2), 9(m), Oct. 24, 1988, 102 Stat. 2613, 2620; Pub. L. 100-
690, title VII, Secs. 7344(a), 7348(a), Nov. 18, 1988, 102 Stat. 4470,
4473; Pub. L. 101-649, title I, Sec. 153(b), title V, Secs. 505(a),
508(a), 544(b), title VI, Sec. 602(a), (b), Nov. 29, 1990, 104 Stat.
5006, 5050, 5051, 5061, 5077, 5081; Pub. L. 102-232, title III,
Secs. 302(d)(3), 307(h), (k), Dec. 12, 1991, 105 Stat. 1745, 1755, 1756;
Pub. L. 103-322, title XIII, Sec. 130003(d), Sept. 13, 1994, 108 Stat.
2026; Pub. L. 103-416, title II, Secs. 203(b), 219(g), Oct. 25, 1994,
108 Stat. 4311, 4317; Pub. L. 104-132, title IV, Secs. 414(a), 435(a),
Apr. 24, 1996, 110 Stat. 1270, 1274; renumbered ch. 4, Sec. 237, and
amended Pub. L. 104-208, div. C, title I, Sec. 108(c), title III,
Secs. 301(d), 305(a)(2), 308(d)(2), (3)(A), (e)(1)(E), (2)(C),
(f)(1)(L)-(N), (5), 344(b), 345(b), 347(b), 350(a), 351(b), title VI,
Sec. 671(a)(4)(B), (d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-558, 3009-
579, 3009-598, 3009-617, 3009-619 to 3009-622, 3009-637 to 3009-640,
3009-721, 3009-723; Pub. L. 106-386, div. B, title V, Sec. 1505(b)(1),
(c)(2), Oct. 28, 2000, 114 Stat. 1525, 1526; Pub. L. 106-395, title II,
Sec. 201(c)(1), (2), Oct. 30, 2000, 114 Stat. 1634, 1635; Pub. L. 107-
56, title IV, Sec. 411(b)(1), Oct. 26, 2001, 115 Stat. 348.)
References in Text
Section 301 of the Immigration Act of 1990, referred to in subsec.
(a)(1)(E)(ii), is section 301 of Pub. L. 101-649, which is set out as a
note under section 1255a of this title.
Section 112 of the Immigration Act of 1990, referred to in subsec.
(a)(1)(E)(ii), is section 112 of Pub. L. 101-649, which is set out as a
note under section 1153 of this title.
The Military Selective Service Act, referred to in subsec.
(a)(2)(D)(iii), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,
which is classified principally to section 451 et seq. of Title 50,
Appendix, War and National Defense. For complete classification of this
Act to the Code, see References in Text note set out under section 451
of Title 50, Appendix, and Tables.
The Trading With the Enemy Act, referred to in subsec.
(a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended,
which is classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title
50, Appendix. For complete classification of this Act to the Code, see
Tables.
The Alien Registration Act, 1940, referred to in subsec.
(a)(3)(B)(i), is act June 28, 1940, ch. 439, 54 Stat. 670, as amended.
Section 36(a) of that act was classified to section 457(c) of this title
and was repealed by section 403(a)(39) of act June 27, 1952.
The Foreign Agents Registration Act of 1938, referred to in subsec.
(a)(3)(B)(ii), is act June 8, 1938, ch. 327, 52 Stat. 631, as amended,
which is classified generally to subchapter II (Sec. 611 et seq.) of
chapter 11 of Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set out
under section 611 of Title 22 and Tables.
Codification
Section was formerly classified to section 1251 of this title prior
to renumbering by Pub. L. 104-208.
Prior Provisions
A prior section 1227, acts June 27, 1952, ch. 477, title II, ch. 4,
Sec. 237, 66 Stat. 201; Dec. 29, 1981, Pub. L. 97-116, Sec. 7, 95 Stat.
1615; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(b) [title II,
Sec. 206(b)(2)], as added Oct. 24, 1988, Pub. L. 100-525, Sec. 4(b)(4),
102 Stat. 2615; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(l), 102 Stat.
2620; Nov. 29, 1990, Pub. L. 101-649, title V, Sec. 543(a)(2), 104 Stat.
5057; Dec. 12, 1991, Pub. L. 102-232, title III, Sec. 306(c)(4)(B), 105
Stat. 1752; Apr. 24, 1996, Pub. L. 104-132, title IV, Sec. 422(b), 110
Stat. 1272; Sept. 30, 1996, Pub. L. 104-208, div. C, title III,
Sec. 308(d)(5), 110 Stat. 3009-619, related to immediate deportation of
aliens excluded from admission or entering in violation of law, prior to
repeal by Pub. L. 104-208, div. C, title III, Secs. 305(a)(1), 309,
Sept. 30, 1996, 110 Stat. 3009-597, 3009-625, effective, with certain
transitional provisions, on the first day of the first month beginning
more than 180 days after Sept. 30, 1996. See section 1231 of this title.
Amendments
2001--Subsec. (a)(4)(B). Pub. L. 107-56 substituted ``section
1182(a)(3)(B)(iv) of this title'' for ``section 1182(a)(3)(B)(iii) of
this title''.
2000--Subsec. (a)(1)(H). Pub. L. 106-386, Sec. 1505(c)(2),
redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, of
cl. (i), and added cl. (ii).
Subsec. (a)(3)(D). Pub. L. 106-395, Sec. 201(c)(2), amended heading
and text of subpar. (D) generally. Prior to amendment, text read as
follows: ``Any alien who falsely represents, or has falsely represented,
himself to be a citizen of the United States for any purpose or benefit
under this chapter (including section 1324a of this title) or any
Federal or State law is deportable.''
Subsec. (a)(6). Pub. L. 106-395, Sec. 201(c)(1), amended heading and
text of par. (6) generally. Prior to amendment, text read as follows:
``Any alien who has voted in violation of any Federal, State, or local
constitutional provision, statute, ordinance, or regulation is
deportable.''
Subsec. (a)(7). Pub. L. 106-386, Sec. 1505(b)(1), added par. (7).
1996--Subsec. (a). Pub. L. 104-208, Sec. 308(e)(2)(C), substituted
``removed'' for ``deported'' in introductory provisions.
Pub. L. 104-208, Sec. 301(d)(1), substituted ``in and admitted to
the United States'' for ``in the United States'' in introductory
provisions.
Subsec. (a)(1). Pub. L. 104-208, Sec. 301(d)(2), substituted
``Inadmissible'' for ``Excludable'' in par. heading.
Subsec. (a)(1)(A). Pub. L. 104-208, Secs. 301(d)(3), 308(d)(3)(A),
amended subpar. (A) identically, substituting ``inadmissible'' for
``excludable''.
Pub. L. 104-208, Sec. 301(d)(2), substituted ``Inadmissible'' for
``Excludable'' in subpar. heading.
Subsec. (a)(1)(B). Pub. L. 104-208, Sec. 301(d)(4), amended heading
and text of subpar. (B) generally. Prior to amendment, text read as
follows: ``Any alien who entered the United States without inspection or
at any time or place other than as designated by the Attorney General or
is in the United States in violation of this chapter or any other law of
the United States is deportable.''
Subsec. (a)(1)(E)(iii). Pub. L. 104-208, Sec. 351(b), inserted ``an
individual who at the time of the offense was'' after ``aided only''.
Subsec. (a)(1)(F). Pub. L. 104-208, Sec. 671(d)(1)(C), struck out
heading and text of subpar. (F). Text read as follows: ``Any alien who
obtains the status of an alien lawfully admitted for temporary residence
under section 1161 of this title who fails to meet the requirement of
section 1161(d)(5)(A) of this title by the end of the applicable period
is deportable.''
Subsec. (a)(1)(G). Pub. L. 104-208, Sec. 308(f)(1)(L), substituted
``admission'' for ``entry'' wherever appearing.
Subsec. (a)(1)(H). Pub. L. 104-208, Sec. 308(f)(5), which directed
amendment of subsec. (a)(1)(H)(ii) by striking ``at entry'', was
executed by striking ``at entry'' after ``grounds of inadmissibility''
in concluding provisions of subpar. (H) to reflect the probable intent
of Congress.
Pub. L. 104-208, Sec. 308(f)(1)(M), substituted ``admission as
aliens'' for ``entry as aliens'' in introductory provisions and ``such
admission'' for ``such entry'' in cl. (ii).
Pub. L. 104-208, Sec. 308(e)(1)(E), substituted ``removal'' for
``deportation'' wherever appearing.
Pub. L. 104-208, Sec. 308(d)(2)(A), (3)(A), amended subpar. (H)
identically, substituting ``inadmissible'' for ``excludable'' in
introductory provisions.
Subsec. (a)(2)(A)(i)(I). Pub. L. 104-208, Sec. 671(a)(4)(B),
substituted ``1255(j)'' for ``1255(i)''.
Pub. L. 104-208, Sec. 308(f)(1)(N), substituted ``admission'' for
``entry''.
Subsec. (a)(2)(A)(i)(II). Pub. L. 104-132, Sec. 435(a), amended
subcl. (II) generally. Prior to amendment, subcl. (II) read as follows:
``either is sentenced to confinement or is confined therefor in a prison
or correctional institution for one year or longer,''.
Subsec. (a)(2)(A)(ii), (iii). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted ``admission'' for ``entry''.
Subsec. (a)(2)(A)(iv). Pub. L. 104-208, Sec. 108(c)(2), added cl.
(iv). Former cl. (iv) redesignated (v).
Subsec. (a)(2)(A)(v). Pub. L. 104-208, Sec. 108(c)(3), substituted
``(iii), and (iv)'' for ``and (iii)''.
Pub. L. 104-208, Sec. 108(c)(1), redesignated cl. (iv) as (v).
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 308(f)(1)(N), substituted
``admission'' for ``entry'' in cls. (i) and (ii).
Subsec. (a)(2)(C). Pub. L. 104-208, Sec. 308(f)(1)(N), substituted
``admission'' for ``entry''.
Subsec. (a)(2)(E). Pub. L. 104-208, Sec. 350(a), added subpar. (E).
Subsec. (a)(2)(E)(i), (ii). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted ``admission'' for ``entry''.
Subsec. (a)(3)(C). Pub. L. 104-208, Sec. 345(b), amended heading and
text of subpar. (C) generally. Prior to amendment, text read as follows:
``Any alien who is the subject of a final order for violation of section
1324c of this title is deportable.''
Subsec. (a)(3)(D). Pub. L. 104-208, Sec. 344(b), added subpar. (D).
Subsec. (a)(4)(A), (B). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted ``admission'' for ``entry''.
Subsec. (a)(4)(C)(ii). Pub. L. 104-208, Sec. 308(d)(2)(B),
substituted ``inadmissibility'' for ``excludability''.
Subsec. (a)(6). Pub. L. 104-208, Sec. 347(b), added par. (6).
Subsec. (c). Pub. L. 104-208, Sec. 308(d)(2)(C), substituted
``inadmissibility'' for ``exclusion''.
Subsec. (d). Pub. L. 104-208, Sec. 308(d)(2)(D), struck out subsec.
(d) which read as follows: ``Notwithstanding any other provision of this
subchapter, an alien found in the United States who has not been
admitted to the United States after inspection in accordance with
section 1225 of this title is deemed for purposes of this chapter to be
seeking entry and admission to the United States and shall be subject to
examination and exclusion by the Attorney General under part IV of this
subchapter. In the case of such an alien the Attorney General shall
provide by regulation an opportunity for the alien to establish that the
alien was so admitted.''
Pub. L. 104-132, Sec. 414(a), added subsec. (d).
1994--Subsec. (a)(2)(A)(i)(I). Pub. L. 103-322 inserted ``(or 10
years in the case of an alien provided lawful permanent resident status
under section 1255(i) of this title)'' after ``five years''.
Subsec. (a)(2)(C). Pub. L. 103-416, Sec. 203(b)(1), substituted ``,
or of attempting or conspiring to purchase, sell, offer for sale,
exchange, use, own, possess, or carry,'' for ``in violation of any
law,'' and inserted ``in violation of any law'' after ``title 18)''.
Subsec. (a)(3)(B)(ii), (iii). Pub. L. 103-416, Sec. 203(b)(2),
inserted ``an attempt or'' before ``a conspiracy''.
Subsec. (c). Pub. L. 103-416, Sec. 219(g), substituted ``and (3)(A)
of subsection (a)'' for ``or (3)(A) of subsection (a)''.
1991--Subsec. (a). Pub. L. 102-232, Sec. 307(h)(1), substituted ``if
the alien is within one or more of the following classes of deportable
aliens'' for ``if the alien is deportable as being within one or more of
the following classes of aliens''.
Subsec. (a)(1)(D)(i). Pub. L. 102-232, Sec. 307(h)(2), inserted
``respective'' after ``terminated under such''.
Subsec. (a)(1)(E)(i). Pub. L. 102-232, Sec. 307(h)(3), inserted
``any'' after ``at the time of'' and after ``within 5 years of the date
of'' in parenthetical provision.
Subsec. (a)(1)(E)(ii), (iii). Pub. L. 102-232, Sec. 307(h)(4), added
cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(1)(G). Pub. L. 102-232, Sec. 307(h)(5), substituted
``section 1182(a)(6)(C)(i)'' for ``section 1182(a)(5)(C)(i)''.
Subsec. (a)(1)(H). Pub. L. 102-232, Sec. 307(h)(6), substituted
``paragraph (4)(D)'' for ``paragraph (6) or (7)''.
Subsec. (a)(2)(D). Pub. L. 102-232, Sec. 307(h)(7), inserted ``or
attempt'' after ``conspiracy''.
Subsec. (a)(3)(C). Pub. L. 102-232, Sec. 307(h)(8), added subpar.
(C).
Subsec. (a)(4)(A), (B). Pub. L. 102-232, Sec. 307(h)(9), substituted
``after entry engages'' for ``after entry has engaged''.
Subsec. (a)(4)(C). Pub. L. 102-232, Sec. 307(h)(10), substituted
``excludability'' for ``excluability''.
Subsec. (c). Pub. L. 102-232, Sec. 307(k)(2), redesignated subsec.
(h) as (c) and substituted ``existed'' for ``exist''.
Subsec. (d). Pub. L. 102-232, Sec. 307(k)(1), struck out subsec. (d)
which related to applicability of this section to aliens belonging to
any of the classes enumerated in subsection (a) of this section.
Subsec. (h). Pub. L. 102-232, Sec. 307(k)(2), redesignated subsec.
(h) as (c).
Pub. L. 102-232, Sec. 302(d)(3), struck out comma after ``(3)(A)''.
1990--Subsec. (a). Pub. L. 101-649, Sec. 602(a), amended subsec. (a)
generally, consolidating 20 categories of excludable aliens into 5
broader classes.
Pub. L. 101-649, Sec. 544(b), added par. (21) which read as follows:
``is the subject of a final order for violation of section 1324c of this
title.''
Pub. L. 101-649, Sec. 508(a), substituted ``conspiracy or attempt''
for ``conspiracy'' in par. (11).
Subsec. (b). Pub. L. 101-649, Sec. 602(b), redesignated subsec. (e)
as (b), substituted ``paragraph (4) of subsection (a) of this section''
for ``subsection (a)(6) or (7) of this section'' and struck out former
subsec. (b) which related to nonapplicability of subsec. (a)(4) of this
section.
Pub. L. 101-649, Sec. 505(a), struck out ``(1)'' after ``crimes
shall not apply'' and ``, or (2) if the court sentencing such alien for
such crime shall make, at the time of first imposing judgment or passing
sentence, or within thirty days thereafter, a recommendation to the
Attorney General that such alien not be deported, due notice having been
given prior to making such recommendation to representatives of the
interested State, the Service, and prosecution authorities, who shall be
granted an opportunity to make representations in the matter'' at end of
first sentence, and inserted ``or who has been convicted of an
aggravated felony'' after ``subsection (a)(11) of this section'' in
second sentence.
Subsec. (c). Pub. L. 101-649, Sec. 602(b)(1), struck out subsec. (c)
which related to fraudulent entry.
Subsec. (e). Pub. L. 101-649, Sec. 602(b)(2)(B), redesignated
subsec. (e) as (b).
Subsecs. (f), (g). Pub. L. 101-649, Sec. 602(b)(1), struck out
subsecs. (f) and (g) which related to waiver of deportation in specified
cases and hardship waivers, respectively.
Subsec. (h). Pub. L. 101-649, Sec. 153(b)(2), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``Paragraphs
(1), (2), (5), (9), or (12) of subsection (a) of this section (other
than so much of paragraph (1) as relates to a ground of exclusion
described in paragraph (9), (10), (23), (27), (29), or (33) of section
1182(a) of this title) shall not apply to a special immigrant described
in section 1101(a)(27)(J) of this title based upon circumstances that
exist before the date the alien was provided such special immigrant
status.''
Pub. L. 101-649, Sec. 153(b)(1), added subsec. (h).
1988--Subsec. (a)(4). Pub. L. 100-690, Sec. 7344(a), inserted cl.
(B).
Subsec. (a)(14). Pub. L. 100-690 inserted ``any firearm or
destructive device (as defined in paragraphs (3) and (4)), respectively,
of section 921(a) of title 18, or any revolver or'' after ``law''.
Subsec. (a)(17). Pub. L. 100-525, Sec. 9(m), substituted
``amendment, thereof, known as the Trading With the Enemy Act'' for
``amendment thereof; the Trading With the Enemy Act''.
Subsec. (a)(20). Pub. L. 100-525, Sec. 2(n)(2), substituted ``an
alien lawfully admitted'' for ``an alien who becomes lawfully
admitted''.
1986--Subsec. (a)(9). Pub. L. 99-639, Sec. 2(b)(1), designated
existing provisions as cl. (A) and added cl. (B).
Subsec. (a)(10). Pub. L. 99-653 repealed par. (10). Prior to repeal,
par. (10) read as follows: ``entered the United States from foreign
contiguous territory or adjacent islands, having arrived there on a
vessel or aircraft of a nonsignatory transportation company under
section 1228(a) of this title and was without the required period of
stay in such foreign contiguous territory or adjacent islands following
such arrival (other than an alien described in section 1101(a)(27)(A) of
this title and aliens born in the Western Hemisphere);''.
Subsec. (a)(11). Pub. L. 99-570 substituted ``any law or regulation
of a State, the United States, or a foreign country relating to a
controlled substance (as defined in section 802 of title 21)'' for ``any
law or regulation relating to the illicit possession of or traffic in
narcotic drugs or marihuana, or who has been convicted of a violation
of, or a conspiracy to violate, any law or regulation governing or
controlling the taxing, manufacture, production, compounding,
transportation, sale, exchange, dispensing, giving away, importation,
exportation, or the possession for the purpose of the manufacture,
production, compounding, transportation, sale, exchange, dispensing,
giving away, importation, or exportation of opium, coca leaves, heroin,
marihuana, any salt derivative or preparation of opium or coca leaves or
isonipecaine or any addiction-forming or addiction-sustaining opiate''.
Subsec. (a)(20). Pub. L. 99-603 added par. (20).
Subsec. (g). Pub. L. 99-639, Sec. 2(b)(2), added subsec. (g).
1981--Subsec. (f). Pub. L. 97-116 designated existing provision as
par. (1)(A), substituted provision authorizing discretionary waiver of
deportation based on visa fraud or misrepresentation in the case of an
alien, other than an alien described in subsec. (a)(19) of this section,
who is the spouse, parent, or child of a citizen of the United States or
of an alien lawfully admitted to the United States for permanent
residence and who was in possession of an immigrant visa or equivalent
document and was otherwise admissible to the United States at the time
of such entry except for those grounds specified in section 1182(a)(14),
(20), and (21) of this title which were a direct result of that fraud or
misrepresentation, with relief available to those who have made
innocent, as well as fraudulent, misrepresentations, for provision
requiring mandatory waiver of deportation based on visa fraud or
misrepresentation at the time of entry in the case of an alien who is
the spouse, parent, or child of a United States citizen or of an alien
lawfully admitted for permanent residence who is otherwise admissible,
and added pars. (1)(B) and (2).
1978--Subsec. (a)(19). Pub. L. 95-549 added par. (19).
1976--Subsec. (a)(10). Pub. L. 94-571 substituted ``(other than an
alien described in section 1101(a)(27)(A) of this title and aliens born
in the Western Hemisphere)'' for ``(other than an alien who is a native-
born citizen of any of the countries enumerated in section
1101(a)(27)(A) of this title and an alien described in section
1101(a)(27)(B) of this title)''.
1965--Subsec. (a)(10). Pub. L. 89-236 substituted ``section
1101(a)(27)(A) of this title'' for ``section 1101(a)(27)(C) of this
title''.
1961--Subsec. (f). Pub. L. 87-301 added subsec. (f).
1960--Subsec. (a)(11). Pub. L. 86-648 inserted ``or marihuana''
after ``narcotic drugs''.
1956--Subsec. (a)(11). Act July 18, 1956, Sec. 301(b), included
conspiracy to violate any narcotic law, and the illicit possession of
narcotics, as additional grounds for deportation.
Subsec. (b). Act July 18, 1956, Sec. 301(c), inserted at end ``The
provisions of this subsection shall not apply in the case of any alien
who is charged with being deportable from the United States under
subsection (a)(11) of this section.''
Effective Date of 2001 Amendment
Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and applicable
to actions taken by an alien before, on, or after Oct. 26, 2001, and to
all aliens, regardless of date of entry or attempted entry into the
United States, in removal proceedings on or after such date (except for
proceedings in which there has been a final administrative decision
before such date) or seeking admission to the United States on or after
such date, with special rules and exceptions, see section 411(c) of Pub.
L. 107-56, set out as a note under section 1182 of this title.
Effective Date of 2000 Amendment
Pub. L. 106-395, title II, Sec. 201(c)(3), Oct. 30, 2000, 114 Stat.
1635, provided that: ``The amendment made by paragraph (1) [amending
this section] shall be effective as if included in the enactment of
section 347 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and
shall apply to voting occurring before, on, or after September 30, 1996.
The amendment made by paragraph (2) [amending this section] shall be
effective as if included in the enactment of section 344 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208; 110 Stat. 3009-637) and shall apply to representations made on
or after September 30, 1996. Such amendments shall apply to individuals
in proceedings under the Immigration and Nationality Act [8 U.S.C. 1101
et seq.] on or after September 30, 1996.''
Effective Date of 1996 Amendments
Amendment by sections 301(d), 305(a)(2), and 308(d)(2)(A)-(C),
(3)(A), (e)(1)(E), (2)(C), (f)(1)(L)-(N), (5) 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)(2)(D) of div. C of Pub. L. 104-208 provided that the
amendment made by that section is effective Sept. 30, 1996.
Amendment by section 344(b) of Pub. L. 104-208 applicable to
representations made on or after Sept. 30, 1996, see section 344(c) of
Pub. L. 104-208, set out as a note under section 1182 of this title.
Amendment by section 347(b) of Pub. L. 104-208 applicable to voting
occurring before, on, or after Sept. 30, 1996, see section 347(c) of
Pub. L. 104-208, set out as a note under section 1182 of this title.
Section 350(b) of div. C of Pub. L. 104-208 provided that: ``The
amendment made by subsection (a) [amending this section] shall apply to
convictions, or violations of court orders, occurring after the date of
the enactment of this Act [Sept. 30, 1996].''
Amendment by section 351(b) of Pub. L. 104-208 applicable to
applications for waivers filed before, on, or after Sept. 30, 1996, but
not applicable to such an application for which a final determination
has been made as of Sept. 30, 1996, see section 351(c) of Pub. L. 104-
208, set out as a note under section 1182 of this title.
Amendment by section 671(a)(4)(B) of Pub. L. 104-208 effective as if
included in the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of Pub.
L. 104-208, set out as a note under section 1101 of this title.
Section 414(b) of Pub. L. 104-132 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect on the
first day of the first month beginning more than 180 days after the date
of the enactment of this Act [Apr. 24, 1996].''
Section 435(b) of Pub. L. 104-132 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply to aliens
against whom deportation proceedings are initiated after the date of the
enactment of this Act [Apr. 24, 1996].''
Effective Date of 1994 Amendment
Amendment by section 203(b) of Pub. L. 103-416 applicable to
convictions occurring before, on, or after Oct. 25, 1994, see section
203(c) of Pub. L. 103-416, set out as an Effective and Termination Dates
of 1994 Amendments note under section 1182 of this title.
Amendment by section 219(g) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L. 101-
649, see section 219(dd) of Pub. L. 103-416, set out as a note under
section 1101 of this title.
Effective Date of 1991 Amendment
Amendment by sections 302(d)(3), 307(h) of Pub. L. 102-232 effective
as if included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Section 307(k) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 602(b) of the
Immigration Act of 1990, Pub. L. 101-649.
Effective Date of 1990 Amendment
Amendment by section 153(b)(1) of Pub. L. 101-649 effective Nov. 29,
1990, and (unless otherwise provided) applicable to fiscal year 1991,
see section 161(b) of Pub. L. 101-649, set out as a note under section
1101 of this title.
Section 153(b)(2) of Pub. L. 101-649 provided that the amendment of
the subsec. (h) added by section 153(b)(1) of Pub. L. 101-649 is
effective on the date the amendments by section 602 of Pub. L. 101-649
become effective. See section 602(d) of Pub. L. 101-649, set out below.
Section 505(b) of Pub. L. 101-649 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on the
date of the enactment of this Act [Nov. 29, 1990] and shall apply to
convictions entered before, on, or after such date.''
Section 508(b) of Pub. L. 101-649 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply to
convictions occurring on or after the date of the enactment of this Act
[Nov. 29, 1990].''
Section 544(d), formerly (c), of Pub. L. 101-649, as redesignated by
Pub. L. 102-232, title III, Sec. 306(c)(5)(B), Dec. 12, 1991, 105 Stat.
1752, provided that: ``The amendments made by this section [enacting
section 1324c of this title and amending this section] shall apply to
persons or entities that have committed violations on or after the date
of the enactment of this Act [Nov. 29, 1990].''
Section 602(d) of Pub. L. 101-649 provided that: ``The amendments
made by this section, and by section 603(b) of this Act [amending this
section, sections 1161, 1252, 1253, and 1254 of this title, and section
402 of Title 42, The Public Health and Welfare], shall not apply to
deportation proceedings for which notice has been provided to the alien
before March 1, 1991.''
Effective Date of 1988 Amendments
Section 7344(b) of Pub. L. 100-690 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply to any alien
who has been convicted, on or after the date of the enactment of this
Act [Nov. 18, 1988], of an aggravated felony.''
Section 7348(b) of Pub. L. 100-690 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply to any alien
convicted, on or after the date of the enactment of this Act [Nov. 18,
1988], of possessing any firearm or destructive device referred to in
such subsection.''
Amendment by section 2(n)(2) of Pub. L. 100-525 effective as if
included in enactment of Immigration Reform and Control Act of 1986,
Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out as a note
under section 1101 of this title.
Effective Date of 1986 Amendments
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.
Amendment by Pub. L. 99-570 applicable to convictions occurring
before, on, or after Oct. 27, 1986, see section 1751(c) of Pub. L. 99-
570, set out as a note under section 1182 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section 10 of
Pub. L. 94-571, set out as a note under section 1101 of this title.
Effective Date of 1965 Amendment
For effective date of amendment by Pub. L. 89-236 see section 20 of
Pub. L. 89-236, set out as a note under section 1151 of this title.
Effective Date of 1956 Amendment
Amendment by act July 18, 1956, effective July 19, 1956, see section
401 of act July 18, 1956.
Savings Provision
Section 602(c) of Pub. L. 101-649 provided that: ``Notwithstanding
the amendments made by this section [amending this section], any alien
who was deportable because of a conviction (before the date of the
enactment of this Act [Nov. 29, 1990]) of an offense referred to in
paragraph (15), (16), (17), or (18) of section 241(a) [now 237] of the
Immigration and Nationality Act [8 U.S.C. 1227], as in effect before the
date of the enactment of this Act, shall be considered to remain so
deportable. Except as otherwise specifically provided in such section
and subsection (d) [set out as a note above], the provisions of such
section, as amended by this section, shall apply to all aliens described
in subsection (a) thereof notwithstanding that (1) any such alien
entered the United States before the date of the enactment of this Act,
or (2) the facts, by reason of which an alien is described in such
subsection, occurred before the date of the enactment of this Act.''
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.
Report on Criminal Aliens
Section 510 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 306(a)(8), (9), Dec. 12, 1991, 105 Stat. 1751, provided that
the Attorney General was to submit to appropriate Committees of
Congress, by not later than Dec. 1, 1991, a report describing efforts of
Immigration and Naturalization Service to identify, apprehend, detain,
and remove from the United States aliens who have been convicted of
crimes in the United States and including a criminal alien census and
removal plan.
Section Referred to in Other Sections
This section is referred to in sections 1154, 1158, 1226, 1226a,
1228, 1229a, 1229b, 1229c, 1231, 1252, 1253, 1255, 1259, 1364, 1367,
1371, 1531 of this title; title 6 section 236; title 42 sections 402,
1004.