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 they are full and com- plete as to the information required to be contained therein, except that in the case of vessels or aircraft which the Attorney General determines are making regular trips to ports of the United States, the Attor- ney General may, when expedient, arrange for the de- livery of lists of outgoing persons at a later date. 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 de- parting by air on a trip originating in the United States who is destined to foreign contiguous territory, except (with respect to such departure by air) as may be required by regulations issued pursuant to section 1224 of this title.’’ Subsec. (d). Pub. L. 107–77, § 115(c), directed amend- ment of heading by substituting ‘‘shipments, aircraft or carriers’’ for ‘‘shipments or aircraft’’ and, in text in- serted ‘‘, any public or private carrier,’’ after ‘‘or air- craft,’’ in first sentence and substituted ‘‘vessel, air- craft, train or bus’’ for ‘‘vessel or aircraft’’ in second sentence. 1996—Subsecs. (a), (b). Pub. L. 104–208 substituted ‘‘section 1224’’ for ‘‘section 1229’’. 1991—Subsec. (d). Pub. L. 102–232 substituted ‘‘Com- missioner’’ for ‘‘collector of customs’’ after ‘‘deposit with the’’. 1990—Subsec. (d). Pub. L. 101–649 substituted ‘‘Com- missioner the sum of $300’’ for ‘‘collector of customs at the port of arrival or departure the sum of $10’’. 1981—Subsec. (d). Pub. L. 97–116 substituted ‘‘sub- section’’ for ‘‘subsections’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–173, title IV, § 402(c), May 14, 2002, 116 Stat. 559, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to persons arriving in, or departing from, the United States on or after the date of enactment of this Act [May 14, 2002].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by 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 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 Pub. L. 101–649, title V, § 543(c), Nov. 29, 1990, 104 Stat. 5059, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and sections 1227, 1229, 1282, 1284 to 1287, 1321 to 1323, and 1325 to 1328 of this title] shall apply to actions taken after the date of the enactment of this Act [Nov. 29, 1990].’’ 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. 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. EXTENSION TO LAND CARRIERS Pub. L. 107–173, title IV, § 402(b), May 14, 2002, 116 Stat. 559, directed the President to conduct a study, to be re- ported to Congress within 2 years after May 14, 2002, re- garding the feasibility of extending the requirements of subsections (a) and (b) of this section to any commer- cial carrier transporting persons by land to or from the United States, with a focus on the manner in which such requirement would be implemented to enhance the national security of the United States and the effi- cient cross-border flow of commerce and persons. § 1222. Detention of aliens for physical and men- tal examination (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 men- tal or physical defects or disabilities set forth in section 1182(a) of this title, or whenever the At- torney General has received information show- ing 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 offi- cers and medical officers to subject such aliens to observation and an examination sufficient to determine whether or not they belong to inad- missible classes. (b) Physical and mental examination The physical and mental examination of arriv- ing 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 offi- cers in any such alien. If medical officers of the United States Public Health Service are not available, civil surgeons of not less than four Page 289 TITLE 8—ALIENS AND NATIONALITY § 1223 years’ professional experience may be employed for such service upon such terms as may be pre- scribed by the Attorney General. Aliens (includ- ing 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 Gen- eral may prescribe, and under medical regula- tions prepared by the Secretary of Health and Human Services. Medical officers of the United States Public Health Service who have had spe- cial training in the diagnosis of insanity and mental defects shall be detailed for duty or em- ployed at such ports of entry as the Attorney General may designate, and such medical offi- cers 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, and the services of interpreters shall be provided for such examination. Any alien cer- tified under paragraph (1) of section 1182(a) of this title, may appeal to a board of medical offi- cers 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 in- admissible, is helpless from sickness, mental or physical disability, or infancy, and is accom- panied 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 with respect to the other alien. (June 27, 1952, ch. 477, title II, ch. 4, § 232, 66 Stat. 196; Pub. L. 99–500, § 101(b) [title II, § 206(a), for- merly § 206], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56, renumbered § 206(a), Pub. L. 100–525, § 4(b)(1), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 99–591, § 101(b) [title II, § 206], Oct. 30, 1986, 100 Stat. 3341–39, 3341–56; Pub. L. 100–525, § 4(b)(2), (d), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 104–208, div. C, title III, §§ 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H), Sept. 30, 1996, 110 Stat. 3009–615, 3009–616, 3009–618.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 The text of section 1224 of this title, which was trans- ferred to subsec. (b) of this section by Pub. L. 104–208, § 308(b)(3)(C), was based on acts June 27, 1952, ch. 477, title II, ch. 4, § 234, 66 Stat. 198; Oct. 24, 1988, Pub. L. 100–525, § 9(k), 102 Stat. 2620; Nov. 29, 1990, Pub. L. 101–649, title VI, § 603(a)(10), 104 Stat. 5083; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, §§ 308(b)(3)(A), (B), (d)(3)(A), 371(b)(3), 110 Stat. 3009–615, 3009–617, 3009–645. AMENDMENTS 1996—Pub. L. 104–208, § 308(b)(2)(B), amended section catchline generally. Pub. L. 104–208, § 308(b)(2)(A), inserted ‘‘(a) Detention of aliens’’ before ‘‘For the purpose of’’. Subsec. (a). Pub. L. 104–208, § 308(d)(4)(H), substituted ‘‘inadmissible under’’ for ‘‘excluded by’’ and ‘‘inadmis- sible classes’’ for ‘‘the excluded classes’’. Subsec. (b). Pub. L. 104–208, § 308(b)(3)(C), transferred section 1224 of this title to subsec. (b) of this section. See Codification note above. Subsec. (c). Pub. L. 104–208, § 308(c)(2)(A), added sub- sec. (c). 1988—Pub. L. 100–525, § 4(b)(1), (2), amended Pub. L. 99–500 and 99–591. See 1986 Amendment note below. 1986—Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], as redesignated and amended by Pub. L. 100–525, § 4(b)(1), (2), substituted ‘‘by the Attorney General’’ for ‘‘on board the vessel or at the airport of arrival of the aircraft bringing them, unless the Attorney General di- rects their detention in a United States immigration station or other place specified by him at the expense of such vessel or aircraft except as otherwise provided in this chapter, as circumstances may require or jus- tify,’’. Pub. L. 99–591, § 101(b) [title II, § 206], a corrected version of Pub. L. 99–500, § 101(b) [title II, § 206(a)], was repealed by Pub. L. 100–525, § 4(d), effective as of Oct. 30, 1986. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H) of Pub. L. 104–208 effective, with certain tran- sitional 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 1988 AMENDMENT Pub. L. 100–525, § 4(c), Oct. 24, 1988, 102 Stat. 2615, pro- vided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and sections 1223, 1227, and 1356 of this title and enacting provisions set out as a note under section 1356 of this title] shall be effective as if they were included in the enactment of the De- partment of Justice Appropriation Act, 1987 (as con- tained in section 101(b) of Public Law 99–500).’’ 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. DESIGNATION OF UNITED STATES MILITARY PHYSICIANS AS CIVIL SURGEONS Pub. L. 102–484, div. A, title X, § 1079, Oct. 23, 1992, 106 Stat. 2514, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622, provided that: ‘‘Notwithstanding any other provision of law, United States military physicians with not less than four years professional experience shall be considered to be civil surgeons for the purpose of the performance of physical examinations required under section 232(b) of the Immigration and Nationality Act (8 U.S.C. 1224 [8 U.S.C. 1222(b)]) of special immigrants described in section 101(a)(27)(K) of such Act (8 U.S.C. 1101(a)(27)(K)).’’ § 1223. Entry through or from foreign territory and adjacent islands (a) Necessity of transportation contract The Attorney General shall have power to enter into contracts with transportation lines