8 U.S.C. § 1221 — Lists of alien and citizen passengers arriv-

Page 286 TITLE 8—ALIENS AND NATIONALITY § 1204 parture for such visit, (2) that the application is made in good faith, and (3) that the alien’s pro- posed departure from the United States would not be contrary to the interests of the United States, the Attorney General may, in his discre- tion, issue the permit, which shall be valid for not more than two years from the date of issuance and shall not be renewable. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien. (c) Multiple reentries During the period of validity, such permit may be used by the alien in making one or more ap- plications for reentry into the United States. (d) Presented and surrendered Upon the return of the alien to the United States the permit shall be presented to the im- migration officer at the port of entry, and upon the expiration of its validity, the permit shall be surrendered to the Service. (e) Permit in lieu of visa A permit issued under this section in the pos- session of the person to whom issued, shall be accepted in lieu of any visa which otherwise would be required from such person under this chapter. Otherwise a permit issued under this section shall have no effect under the immigra- tion laws except to show that the alien to whom it was issued is returning from a temporary visit abroad; but nothing in this section shall be con- strued as making such permit the exclusive means of establishing that the alien is so re- turning. (June 27, 1952, ch. 477, title II, ch. 3, § 223, 66 Stat. 194; Pub. L. 97–116, § 6, Dec. 29, 1981, 95 Stat. 1615.) Editorial Notes REFERENCES IN TEXT Clause (6) of section 3 of the Immigration Act of 1924, referred to in subsec. (a), which was classified to sec- tion 203(6) of this title, was repealed by section 403(a)(2) of act June 27, 1952. See section 1101(a)(15)(E) of this title. This chapter, referred to in subsec. (e), 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. AMENDMENTS 1981—Subsec. (b). Pub. L. 97–116 substituted ‘‘two years from the date of issuance and shall not be renew- able’’ for ‘‘one year from the date of issuance: Provided, That the Attorney General may in his discretion ex- tend the validity of the permit for a period or periods not exceeding one year in the aggregate’’. Statutory Notes and Related Subsidiaries 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. § 1204. Immediate relative and special immigrant visas A consular officer may, subject to the limita- tions provided in section 1201 of this title, issue an immigrant visa to a special immigrant or im- mediate relative as such upon satisfactory proof, under regulations prescribed under this chapter, that the applicant is entitled to special immigrant or immediate relative status. (June 27, 1952, ch. 477, title II, ch. 3, § 224, 66 Stat. 195; Pub. L. 89–236, § 11(d), Oct. 3, 1965, 79 Stat. 918.) 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. AMENDMENTS 1965—Pub. L. 89–236 struck out reference to sections 1154 and 1155 of this title and substituted ‘‘special im- migrant or immediate relative’’ for ‘‘nonquota immi- grant’’. Statutory Notes and Related Subsidiaries 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. § 1205. Repealed. Pub. L. 87–301, § 24(a)(2), Sept. 26, 1961, 75 Stat. 657 Section, Pub. L. 85–316, § 4, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86–253, § 2, Sept. 9, 1959, 73 Stat. 490; Pub. L. 86–648, § 7, July 14, 1960, 74 Stat. 505, related to nonquota immigrant visas for eligible orphans. PART IV—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND REMOVAL § 1221. Lists of alien and citizen passengers arriv- ing and departing (a) Arrival manifests For each commercial vessel or aircraft trans- porting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appro- priate official specified in subsection (d) to pro- vide to any United States border officer (as de- fined in subsection (i)) at that port manifest in- formation about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port. (b) Departure manifests For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide any United States border officer (as defined in subsection (i)) before departure from Page 287 TITLE 8—ALIENS AND NATIONALITY § 1221 such port manifest information about each pas- senger, crew member, and other occupant to be transported. (c) Contents of manifest The information to be provided with respect to each person listed on a manifest required to be provided under subsection (a) or (b) shall in- clude— (1) complete name; (2) date of birth; (3) citizenship; (4) sex; (5) passport number and country of issuance; (6) country of residence; (7) United States visa number, date, and place of issuance, where applicable; (8) alien registration number, where applica- ble; (9) United States address while in the United States; and (10) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury deter- mines as being necessary for the identification of the persons transported and for the enforce- ment of the immigration laws and to protect safety and national security. (d) Appropriate officials specified An appropriate official specified in this sub- section is the master or commanding officer, or authorized agent, owner, or consignee, of the commercial vessel or aircraft concerned. (e) Deadline for requirement of electronic trans- mission of manifest information Not later than January 1, 2003, manifest infor- mation required to be provided under subsection (a) or (b) shall be transmitted electronically by the appropriate official specified in subsection (d) to an immigration officer. (f) Prohibition No operator of any private or public carrier that is under a duty to provide manifest infor- mation under this section shall be granted clear- ance papers until the appropriate official speci- fied in subsection (d) has complied with the re- quirements of this subsection, except that, in the case of commercial vessels or aircraft that the Attorney General determines are making regular trips to the United States, the Attorney General may, when expedient, arrange for the provision of manifest information of persons de- parting the United States at a later date. (g) Penalties against noncomplying shipments, aircraft, or carriers If it shall appear to the satisfaction of the At- torney General that an appropriate official spec- ified in subsection (d), any public or private car- rier, or the agent of any transportation line, as the case may be, has refused or failed to provide manifest information required by subsection (a) or (b), or that the manifest information provided is not accurate and full based on information provided to the carrier, such official, carrier, or agent, as the case may be, shall pay to the Com- missioner the sum of $1,000 for each person with respect to whom such accurate and full manifest information is not provided, or with respect to whom the manifest information is not prepared as prescribed by this section or by regulations issued pursuant thereto. No commercial vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it re- mains unpaid, and no such penalty shall be re- mitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commis- sioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty. (h) Waiver The Attorney General may waive the require- ments of subsection (a) or (b) upon such cir- cumstances and conditions as the Attorney Gen- eral may by regulation prescribe. (i) United States border officer defined In this section, the term ‘‘United States bor- der officer’’ means, with respect to a particular port of entry into the United States, any United States official who is performing duties at that port of entry. (j) Record of citizens and resident aliens leaving permanently for foreign countries The Attorney General may authorize immi- gration officers to record the following informa- tion regarding every resident person leaving the United States by way of the Canadian or Mexi- can borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States; in- tended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen or national, the facts on which claim to that status is based. (June 27, 1952, ch. 477, title II, ch. 4, § 231, 66 Stat. 195; Pub. L. 97–116, § 18(g), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 101–649, title V, § 543(a)(1), Nov. 29, 1990, 104 Stat. 5057; Pub. L. 102–232, title III, § 306(c)(4)(A), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622; Pub. L. 107–77, title I, § 115, Nov. 28, 2001, 115 Stat. 768; Pub. L. 107–173, title IV, § 402(a), May 14, 2002, 116 Stat. 557.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–173 added subsecs. (a) to (i), redesig- nated former subsec. (c) as (j), and struck out former subsecs. (a), (b), (d), and (e), which related to shipment or aircraft manifest, arrival, form and contents, exclu- sions in subsec. (a), departure, shipment or aircraft manifest, form and contents, and exclusions in subsec. (b), penalties against noncomplying shipments or air- craft in subsec. (d), and waiver of requirements in sub- sec. (e). 2001—Subsec. (a). Pub. L. 107–77, § 115(a), amended sub- sec. (a) generally. Prior to amendment subsec. (a) read as follows: ‘‘Upon the arrival of any person by water or by air at any port within the United States from any place outside the United States, it shall be the duty of the master or commanding officer, or authorized agent, owner, or consignee of the vessel or aircraft, having any such person on board to deliver to the immigration officers at the port of arrival typewritten or printed lists or manifests of the persons on board such vessel or 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