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8 U.S.C. § 1531 — Definitions

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

8 U.S.C. § 1531 — Definitions

As used in this subchapter— (1) the term “alien terrorist” means any alien described in [section 1227(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/4/B&num=0&edition=prelim); (2) the term “classified information” has the same meaning as in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); (3) the term “national security” has the same meaning as in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App.); (4) the term “removal court” means the court described in [section 1532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1532&num=0&edition=prelim); (5) the term “removal hearing” means the hearing described in [section 1534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1534&num=0&edition=prelim); (6) the term “removal proceeding” means a proceeding under this subchapter; and (7) the term “special attorney” means an attorney who is on the panel established under [section 1532(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1532/e&num=0&edition=prelim).

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Source location: Title 8, Chapter 12, § 1531; chapter-012-immigration-and-nationality.md

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

8 U.S.C. § 1532 — Establishment of removal court

**(a) Designation of judges** The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justice’s discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1803(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim)). **(b) Terms** Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that of the members first designated— (1) 1 member shall serve for a term of 1 year; (2) 1 member shall serve for a term of 2 years; (3) 1 member shall serve for a term of 3 years; and (4) 1 member shall serve for a term of 4 years. **(c) Chief judge** (1) **Designation** — The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court. (2) **Responsibilities** — The chief judge shall— (A) promulgate rules to facilitate the functioning of the removal court; and (B) assign the consideration of cases to the various judges on the removal court. **(d) Expeditious and confidential nature of proceedings** The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1803(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/c&num=0&edition=prelim)) shall apply to removal proceedings in the same manner as they apply to proceedings under that Act [[50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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

8 U.S.C. § 1182 — Inadmissible aliens

**(a) Classes of aliens ineligible for visas or admission** Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: (1) **Health-related grounds** (A) *In general* — Any alien— (i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 11 So in original. The semicolon probably should be a comma. (ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices, (iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)— (I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or (II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or (iv) who i

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

8 U.S.C. § 1534 — Removal hearing

**(a) In general** (1) **Expeditious hearing** — In any case in which an application for an order is approved under [section 1533(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1533/c/2&num=0&edition=prelim), a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist. (2) **Public hearing** — The removal hearing shall be open to the public. **(b) Notice** An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of— (1) the nature of the charges against the alien, including a general account of the basis for the charges; and (2) the time and place at which the hearing will be held. **(c) Rights in hearing** (1) **Right of counsel** — The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in [section 3006A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim). All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged. (2) **Introduction of evidence** — Subject to the limitations in subsection (e), the alien shall have a reasonable

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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. § 1326 — Reentry of removed aliens

**(a) In general** Subject to subsection (b), any alien who— (1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be fined under title 18, or imprisoned not more than 2 years, or both. **(b) Criminal penalties for reentry of certain removed aliens** Notwithstanding subsection (a), in the case of any alien described in such subsection— (1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both; (2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both; (3) who has been excluded from the United States pursuant to [section 1225(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/c&num=0&edition=prelim) because the alien was excludable under [section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B

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

8 U.S.C. § 1531 — Definitions

Page 545 TITLE 8—ALIENS AND NATIONALITY § 1532 year 1988 $77,924,000’’ for ‘‘1983 $100,000,000’’, and ‘‘1522(c)(1)’’ for ‘‘1522(c)’’. Subsec. (a)(3). Pub. L. 99–605, § 2(b)(2), amended par. (3) generally, substituting ‘‘1987 $8,761,000 and for fiscal year 1988 $9,125,000’’ for ‘‘1983 $14,000,000’’. Subsec. (a)(4). Pub. L. 99–605, § 2(b)(3), added par. (4). 1982—Subsec. (a). Pub. L. 97–363, § 2, substituted provi- sions with regard to fiscal 1983 authorizing appropria- tion of sums necessary to carry out provisions of this chapter, authorizing appropriations of $100,000,000 for services to refugees under section 1522(c) of this title, and authorizing appropriations of $14,000,000 for the purpose of carrying out section 1522(b)(5) of this title, for provisions with regard to fiscal 1980 and each of the two succeeding fiscal years authorizing appropriation of sums necessary for initial resettlement assistance, cash and medical assistance, and child welfare services under subsecs. (b)(1), (3), (4), (d)(2), and (e) of section 1522 of this title, and authorizing appropriations of $200,000,000 for other programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENTS Pub. L. 105–78, title VI, § 604(b), Nov. 13, 1997, 111 Stat. 1521, and Pub. L. 105–136, § 1(b), Dec. 2, 1997, 111 Stat. 2639, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect Oc- tober 1, 1997.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in enactment of Refugee Assistance Extension Act of 1986, Pub. L. 99–605, see section 6(c) of Pub. L. 100–525, set out as a note under section 1522 of this title. § 1525. Repealed. Pub. L. 103–236, title I, § 162(m)(3), Apr. 30, 1994, 1

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