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8 U.S.C. § 1222 — Detention of aliens for physical and mental examination

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1222 — Detention of aliens for physical and mental examination

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Source file: Laws/federal/codes/united-states-code/title-8/section-1222-detention-of-aliens-for-physical-and-mental-examination--6e865b4d1d.md
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Source location: Title 8, Chapter 12, § 1222; chapter-012-immigration-and-nationality.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim), and the services of interpreters shall be provided for such examination. Any alien certified under paragraph (1) of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/10/B&num=0&edition=prelim) with respect to the other alien.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1224 — Designation of ports of entry for aliens arriving by aircraft

The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $2,000 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may b

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1356 — Disposition of moneys collected under the provisions of this subchapter

**(a) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations** All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in [section 1223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1223/b&num=0&edition=prelim) paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropriation for the enforcement of this chapter for the fiscal year in which the expenses were incurred. **(b) Purchase of evidence** Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service. **(c) Fees and administrative fines and penalties; exception** Except as otherwise provided in subsection (a) and subsection (b), or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1351&num=0&edition=prelim), shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively. **(d) Schedule of fees** In addition to any other fee authorized by law, the

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 137b to 173 — Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(2), (3), (5), (13), (18), (19), (23), (31), (32), (47), 66 Stat. 279, 280, eff. Dec. 24, 1952

### Statutory Notes Sections 137b to 137d, act Mar. 17, 1932, ch. 85, §§ 1–3, 47 Stat. 67, related to alien musicians. See [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim). Section 138, act Feb. 5, 1917, ch. 29, § 4, 39 Stat. 878, related to importation of aliens for immoral purposes. See sections 1326, 1328 and 1329 of this title. Section 139, act Feb. 5, 1917, ch. 29, § 5, 39 Stat. 879, related to contract laborers. See [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1330&num=0&edition=prelim). Section 140, acts Oct. 19, 1888, ch. 1210, § 1, 25 Stat. 566; Apr. 28, 1904, Pub. R. 33, 33 Stat. 591; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737, related to rewards to informer. Section 141, act Feb. 26, 1885, ch. 164, § 2, 23 Stat. 332, related to validity of contracts for labor of aliens made before importation. Section 142, act Feb. 5, 1917, ch. 29, § 6, 39 Stat. 879, related to advertisement of employment. See [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1330&num=0&edition=prelim). Section 143, act Feb. 5, 1917, ch. 29, § 7, 39 Stat. 879, related to solicitation of immigration by transportation companies. See [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1330&num=0&edition=prelim). Section 144, acts Feb. 5, 1917, ch. 29, § 8, 39 Stat. 880; Mar. 20, 1952, ch. 108, § 1, 66 Stat. 26, related to bringing in or harboring certain aliens. See [section 1324(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324/a&num=0&edition=prelim). Section 145, acts Feb. 5, 1917, ch. 29, §

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 137b to 173

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1222 — Detention of aliens for physical and men-

Page 288 TITLE 8—ALIENS AND NATIONALITY § 1222 aircraft. Such lists or manifests shall be prepared at such time, be in such form and shall contain such infor- mation as the Attorney General shall prescribe by reg- ulation as being necessary for the identification of the persons transported and for the enforcement of the im- migration laws. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person arriving by air on a trip origi- nating in foreign contiguous territory, except (with re- spect to such arrivals by air) as may be required by reg- ulations issued pursuant to section 1224 of this title.’’ Subsec. (b). Pub. L. 107–77, § 115(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘It shall be the duty of the master or com- manding officer or authorized agent of every vessel or aircraft taking passengers on board at any port of the United States, who are destined to any place outside the United States, to file with the immigration officers before departure from such port a list of all such per- sons taken on board. Such list shall be in such form, contain such information, and be accompanied by such documents, as the Attorney General shall prescribe by regulation as necessary for the identification of the persons so transported and for the enforcement of the immigration laws. No master or commanding officer of any such vessel or aircraft shall be granted clearance papers for his vessel or aircraft until he or the author- ized agent has deposited such list or lists and accom- panying documents with the immigration officer at such port and made oath that

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