8 U.S.C. § 1224 — Designation of ports of entry for aliens ar-

Page 290 TITLE 8—ALIENS AND NATIONALITY § 1224 for the inspection and admission of aliens com- ing to the United States from foreign territory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General. (b) Landing stations Every transportation line engaged in carrying alien passengers for hire to the United States from foreign territory or from adjacent islands shall provide and maintain at its expense suit- able landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are there- after maintained to the satisfaction of the At- torney General. (c) Landing agreements The Attorney General shall have power to enter into contracts including bonding agree- ments with transportation lines to guarantee the passage through the United States in imme- diate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under section 1258 of this title. (d) Definitions As used in this section the terms ‘‘transpor- tation line’’ and ‘‘transportation company’’ in- clude, but are not limited to, the owner, charterer, consignee, or authorized agent oper- ating any vessel or aircraft or railroad train bringing aliens to the United States, to foreign territory, or to adjacent islands. (June 27, 1952, ch. 477, title II, ch. 4, § 233, for- merly § 238, 66 Stat. 202; Pub. L. 99–653, § 7(b), Nov. 14, 1986, 100 Stat. 3657; renumbered § 233 and amended Pub. L. 104–208, div. C, title III, §§ 308(b)(4), (f)(4), 362, Sept. 30, 1996, 110 Stat. 3009–615, 3009–622, 3009–645.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. CODIFICATION Section was formerly classified to section 1228 of this title prior to renumbering by Pub. L. 104–208. PRIOR PROVISIONS A prior section 1223, act June 27, 1952, ch. 477, title II, ch. 4, § 233, 66 Stat. 197, related to examinations of aliens upon arrival in the United States, prior to repeal by Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56; renumbered § 206(a) and amended Pub. L. 100–525, § 4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615. AMENDMENTS 1996—Pub. L. 104–208, § 362(a)(1), amended section catchline. Subsec. (a). Pub. L. 104–208, § 362(a)(2), struck out ‘‘contiguous’’ after ‘‘foreign’’. Pub. L. 104–208, § 308(f)(4), substituted ‘‘inspection and admission’’ for ‘‘entry and inspection’’. Subsec. (b). Pub. L. 104–208, § 362(a)(2), struck out ‘‘contiguous’’ after ‘‘foreign’’. Subsec. (d). Pub. L. 104–208, § 362(b), inserted ‘‘or rail- road train’’ after ‘‘aircraft’’. Pub. L. 104–208, § 362(a)(2), struck out ‘‘contiguous’’ after ‘‘foreign’’. 1986—Pub. L. 99–653 struck out subsec. (a) which au- thorized the Attorney General to enter into contracts with transportation lines for the entry and inspection of aliens and to prescribe regulations, and redesignated subsecs. (b) to (e) as (a) to (d), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(b)(4), (f)(4) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99–653, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1224. Designation of ports of entry for aliens ar- riving by aircraft The Attorney General is authorized (1) by reg- ulation 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 rea- sonable requirements for aircraft in civil air navigation with respect to giving notice of in- tention to land in advance of landing, or notice of landing, as shall be deemed necessary for pur- poses of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provi- sions of this chapter where not expressly so pro- vided in this chapter to such extent and upon such conditions as he deems necessary. Any per- son 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 ap- propriate United States court. The determina- tion 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 near- ly as may be to civil suits in admiralty. The Su- preme Court of the United States, and under its direction other courts of the United States, are Page 291 TITLE 8—ALIENS AND NATIONALITY § 1225 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 be summarily seized by, and placed in the custody of such persons as the Attorney General may by regulation prescribe. The aircraft may be re- leased from such custody upon deposit of such amount not exceeding $2,000 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General. (June 27, 1952, ch. 477, title II, ch. 4, § 234, for- merly § 239, 66 Stat. 203; Pub. L. 101–649, title V, § 543(a)(3), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 102–232, title III, § 306(c)(2), Dec. 12, 1991, 105 Stat. 1752; renumbered § 234, Pub. L. 104–208, div. C, title III, § 304(a)(1), Sept. 30, 1996, 110 Stat. 3009–587.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. CODIFICATION Section was formerly classified to section 1229 of this title prior to renumbering by Pub. L. 104–208. PRIOR PROVISIONS A prior section 1224, act June 27, 1952, ch. 477, title II, ch. 4, § 234, 66 Stat. 198, as amended, which related to physical and mental examinations, was renumbered section 232(b) of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(3), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to section 1222(b) of this title. AMENDMENTS 1991—Pub. L. 102–232 made technical correction to di- rectory language of Pub. L. 101–649. See 1990 Amend- ment note below. 1990—Pub. L. 101–649, as amended by Pub. L. 102–232, substituted ‘‘$2,000’’ for ‘‘$500’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1225. Inspection by immigration officers; expe- dited 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 admit- ted and shall be ordered removed upon inspec- tion by an immigration officer. Upon such in- spection 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 sub- section (b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be con- sidered 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 applica- tion 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 ad- mission to the United States, including the applicant’s intended length of stay and wheth- er the applicant intends to remain perma- nently 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 de- scribed in subparagraph (F)) who is arriv- ing 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