8 U.S.C. § 1185 — Travel control of citizens and aliens

Page 242 TITLE 8—ALIENS AND NATIONALITY § 1184a § 1184a. Philippine Traders as nonimmigrants Upon a basis of reciprocity secured by agree- ment entered into by the President of the United States and the President of the Phil- ippines, a national of the Philippines, and the spouse and children of any such national if ac- companying or following to join him, may, if otherwise eligible for a visa and if otherwise ad- missible into the United States under the Immi- gration and Nationality Act [8 U.S.C. 1101 et seq.] (66 Stat. 163), be considered to be classifi- able as a nonimmigrant under section 101(a)(15)(E) of said Act if entering solely for the purposes specified in subsection (i) or (ii) of said section. (June 18, 1954, ch. 323, 68 Stat. 264.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, 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 not enacted as a part of the Immigration and Nationality Act which comprises this chapter. § 1185. Travel control of citizens and aliens (a) Restrictions and prohibitions Unless otherwise ordered by the President, it shall be unlawful— (1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe; (2) for any person to transport or attempt to transport from or into the United States an- other person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section; (3) for any person knowingly to make any false statement in an application for permis- sion to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for an- other; (4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person’s use; (5) for any person knowingly to use or at- tempt to use any permit or evidence of permis- sion to depart or enter not issued and designed for his use; (6) for any person to forge, counterfeit, mu- tilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States; (7) for any person knowingly to use or at- tempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or al- tered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid. (b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to de- part from or enter, the United States unless he bears a valid United States passport. (c) Definitions The term ‘‘United States’’ as used in this sec- tion includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term ‘‘person’’ as used in this section shall be deemed to mean any individual, partnership, associa- tion, company, or other incorporated body of in- dividuals, or corporation, or body politic. (d) Nonadmission of certain aliens Nothing in this section shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States, if, upon arrival in the United States, he is found to be inadmissible under any of the provisions of this chapter, or any other law, relative to the entry of aliens into the United States. (e) Revocation of proclamation as affecting pen- alties The revocation of any rule, regulation, or order issued in pursuance of this section shall not prevent prosecution for any offense com- mitted, or the imposition of any penalties or forfeitures, liability for which was incurred under this section prior to the revocation of such rule, regulation, or order. (f) Permits to enter Passports, visas, reentry permits, and other documents required for entry under this chapter may be considered as permits to enter for the purposes of this section. (June 27, 1952, ch. 477, title II, ch. 2, § 215, 66 Stat. 190; Pub. L. 95–426, title VII, § 707(a)–(d), Oct. 7, 1978, 92 Stat. 992, 993; Pub. L. 103–416, title II, § 204(a), Oct. 25, 1994, 108 Stat. 4311.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of Title 22, Foreign Relations and Intercourse. This chapter, referred to in subsecs. (d) and (f), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nation- ality Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–416 inserted ‘‘United States’’ after ‘‘valid’’. 1978—Subsec. (a). Pub. L. 95–426, § 707(a), substituted provision that the enumerated acts would, unless oth- erwise ordered by the President, be deemed unlawful for provisions declaring it unlawful when the United States is at war or during a proclaimed national emer- Page 243 TITLE 8—ALIENS AND NATIONALITY § 1185 gency, or, as to aliens, when there exists a state of war between two or more states and the President finds that the interests of the United States require restric- tions to be imposed upon departure of persons from and their entry into the United States. Subsec. (b). Pub. L. 95–426, § 707(b), substituted provi- sions prohibiting departure or entry except as other- wise provided by the President and subject to such lim- itations and exceptions as he may authorize or pre- scribe, for provisions prohibiting such departure or entry after proclamation of a national emergency has been made, published and in force. Subsec. (c). Pub. L. 95–426, § 707(d), redesignated sub- sec. (d) as (c). Former subsec. (c), which provided for penalties for violation of this section, was struck out. Subsec. (d). Pub. L. 95–426, § 707(d), redesignated sub- sec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 95–426, § 707(c), (d), redesignated subsec. (f) as (e) and struck out ‘‘proclamation,’’ before ‘‘rule’’ in two places. Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 95–426, § 707(d), redesignated subsec. (g) as (f). Former (f) redesignated (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 204(b), Oct. 25, 1994, 108 Stat. 4311, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to depar- tures and entries (and attempts thereof) occurring on or after the date of enactment of this Act [Oct. 25, 1994].’’ 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. DELEGATION OF AUTHORITY UNDER SECTIONS 1182(f) AND 1185(a)(1) OF THIS TITLE Authority of President under subsec. (a)(1) of this section to maintain custody and conduct screening of any undocumented person seeking to enter the United States who is encountered in a vessel interdicted on the high seas through Dec. 31, 2000, delegated to Attorney General by Memorandum of President of the United States, Sept. 24, 1999, 64 F.R. 55809, set out as a note under section 1182 of this title. TRUSTED TRAVELER PROGRAMS Pub. L. 114–125, title VIII, § 802(j), Feb. 24, 2016, 130 Stat. 216, provided that: ‘‘The Secretary of Homeland Security may not enter into or renew an agreement with the government of a foreign country for a trusted traveler program administered by U.S. Customs and Border Protection unless the Secretary certifies in writing that such government— ‘‘(1) routinely submits to INTERPOL for inclusion in INTERPOL’s Stolen and Lost Travel Documents database information about lost and stolen passports and travel documents of the citizens and nationals of such country; or ‘‘(2) makes available to the United States Govern- ment the information described in paragraph (1) through another means of reporting.’’ ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS Pub. L. 115–79, § 4(b)(2), Nov. 2, 2017, 131 Stat. 1260, pro- vided that: ‘‘Notwithstanding the repeal under para- graph (1) [repealing Pub. L. 112–54, below], an ABT Card issued pursuant to the Asia-Pacific Economic Coopera- tion Business Travel Cards Act of 2011 before the date of the enactment of this Act [Nov. 2, 2017] that, as of such date, is still valid, shall remain valid on and after such date until such time as such Card would otherwise expire.’’ Pub. L. 112–54, Nov. 12, 2011, 125 Stat. 550, known as the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011, provided for the issuance of Asia-Pa- cific Economic Cooperation Business Travel Cards for a 7-year period ending on Sept. 30, 2018, prior to repeal by Pub. L. 115–79, § 4(b)(1), Nov. 2, 2017, 131 Stat. 1260. See section 218 of Title 6, Domestic Security. WESTERN HEMISPHERE TRAVEL INITIATIVE Pub. L. 110–53, title VII, § 724, Aug. 3, 2007, 121 Stat. 350, provided that: ‘‘Before the Secretary of Homeland Security publishes a final rule in the Federal Register implementing section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note) [set out below]— ‘‘(1) the Secretary of Homeland Security shall com- plete a cost-benefit analysis of the Western Hemi- sphere Travel Initiative, authorized under such sec- tion 7209; and ‘‘(2) the Secretary of State shall develop proposals for reducing the execution fee charged for the pass- port card, proposed at 71 Fed. Reg. 60928–32 (October 17, 2006), including the use of mobile application teams, during implementation of the land and sea phase of the Western Hemisphere Travel Initiative, in order to encourage United States citizens to apply for the passport card.’’ Pub. L. 108–458, title VII, § 7209, Dec. 17, 2004, 118 Stat. 3823, as amended by Pub. L. 109–295, title V, § 546, Oct. 4, 2006, 120 Stat. 1386; Pub. L. 110–53, title VII, § 723, Aug. 3, 2007, 121 Stat. 349; Pub. L. 110–161, div. E, title V, § 545, Dec. 26, 2007, 121 Stat. 2080, provided that: ‘‘(a) FINDINGS.—Consistent with the report of the Na- tional Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: ‘‘(1) Existing procedures allow many individuals to enter the United States by showing minimal identi- fication or without showing any identification. ‘‘(2) The planning for the terrorist attacks of Sep- tember 11, 2001, demonstrates that terrorists study and exploit United States vulnerabilities. ‘‘(3) Additional safeguards are needed to ensure that terrorists cannot enter the United States. ‘‘(b) PASSPORTS.— ‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTATION.— ‘‘(A) The Secretary of Homeland Security, in con- sultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or com- bination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote iden- tity and citizenship, for all travel into the United States by United States citizens and by categories of individuals for whom documentation require- ments have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). Such plan may not be imple- mented earlier than the date that is the later of 3 months after the Secretary of State and the Sec- retary of Homeland Security make the certification required in subparagraph (B) or June 1, 2009. The plan shall seek to expedite the travel of frequent travelers, including those who reside in border com- munities, and in doing so, shall make readily avail- able a registered traveler program (as described in section 7208(k) [8 U.S.C. 1365b(k)]). ‘‘(B) The Secretary of Homeland Security and the Secretary of State shall jointly certify to the Com- mittees on Appropriations of the Senate and the House of Representatives that the following cri- teria have been met prior to implementation of sec- tion 7209(b)(1)(A)— ‘‘(i) the National Institute of Standards and Technology certifies that the Departments of Homeland Security and State have selected a card architecture that meets or exceeds Inter- national Organization for Standardization (ISO) security standards and meets or exceeds best Page 244 TITLE 8—ALIENS AND NATIONALITY § 1185 available practices for protection of personal identification documents: Provided, That the Na- tional Institute of Standards and Technology shall also assist the Departments of Homeland Security and State to incorporate into the archi- tecture of the card the best available practices to prevent the unauthorized use of information on the card: Provided further, That to facilitate effi- cient cross-border travel, the Departments of Homeland Security and State shall, to the max- imum extent possible, develop an architecture that is compatible with information technology systems and infrastructure used by United States Customs and Border Protection; ‘‘(ii) the technology to be used by the United States for the passport card, and any subsequent change to that technology, has been shared with the governments of Canada and Mexico; ‘‘(iii) an agreement has been reached with the United States Postal Service on the fee to be charged individuals for the passport card, and a detailed justification has been submitted to the Committees on Appropriations of the Senate and the House of Representatives; ‘‘(iv) an alternative procedure has been devel- oped for groups of children traveling across an international border under adult supervision with parental consent; ‘‘(v) the necessary technological infrastructure to process the passport cards has been installed, and all employees at ports of entry have been properly trained in the use of the new technology; ‘‘(vi) the passport card has been made available for the purpose of international travel by United States citizens through land and sea ports of entry between the United States and Canada, Mexico, the Caribbean and Bermuda; ‘‘(vii) a single implementation date for sea and land borders has been established; and ‘‘(viii) the signing of a memorandum of agree- ment to initiate a pilot program with not less than one State to determine if an enhanced driv- er’s license, which is machine-readable and tam- per proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada or Mexico, and issued by such State to an individual, may permit the individual to use the driver’s license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada or Mexico at land and sea ports of entry. ‘‘(C) REPORT.—Not later than 180 days after the initiation of the pilot program described in sub- paragraph (B)(viii), the Secretary of Homeland Se- curity and the Secretary of State shall submit to the appropriate congressional committees a report which includes— ‘‘(i) an analysis of the impact of the pilot pro- gram on national security; ‘‘(ii) recommendations on how to expand the pilot program to other States; ‘‘(iii) any appropriate statutory changes to fa- cilitate the expansion of the pilot program to ad- ditional States and to citizens of Canada; ‘‘(iv) a plan to screen individuals participating in the pilot program against United States ter- rorist watch lists; and ‘‘(v) a recommendation for the type of machine- readable technology that should be used in en- hanced driver’s licenses, based on individual pri- vacy considerations and the costs and feasibility of incorporating any new technology into existing driver’s licenses. ‘‘(2) REQUIREMENT TO PRODUCE DOCUMENTATION.— The plan developed under paragraph (1) shall require all United States citizens, and categories of individ- uals for whom documentation requirements have pre- viously been waived under section 212(d)(4)(B) of such Act [8 U.S.C. 1182(d)(4)(B)], to carry and produce the documentation described in paragraph (1) when trav- eling from foreign countries into the United States. ‘‘(c) TECHNICAL AND CONFORMING AMENDMENTS.—After the complete implementation of the plan described in subsection (b)— ‘‘(1) neither the Secretary of State nor the Sec- retary of Homeland Security may exercise discretion under section 212(d)(4)(B) of such Act [8 U.S.C. 1182(d)(4)(B)] to waive documentary requirements for travel into the United States; and ‘‘(2) the President may not exercise discretion under section 215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary requirements for United States citizens departing from or entering, or attempting to depart from or enter, the United States except— ‘‘(A) where the Secretary of Homeland Security determines that the alternative documentation that is the basis for the waiver of the documentary requirement is sufficient to denote identity and citizenship; ‘‘(B) in the case of an unforeseen emergency in in- dividual cases; or ‘‘(C) in the case of humanitarian or national in- terest reasons in individual cases. ‘‘(d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary of State shall not use any authorities granted under section 212(d)(4)(C) of such Act [8 U.S.C. 1182(d)(4)(C)] until the Secretary, in conjunction with the Secretary of Homeland Security, completely implements a secu- rity plan to fully ensure secure transit passage areas to prevent aliens proceeding in immediate and continuous transit through the United States from illegally enter- ing the United States.’’ [Amendment by Pub. L. 110–161, § 545, to section 7209 of Pub. L. 108–458, set out above, was executed to reflect the probable intent of Congress, notwithstanding errors in the directory language.] Executive Documents EX. ORD. NO. 12172. DELEGATION OF AUTHORITY OF PRESI- DENT TO SECRETARY OF STATE AND ATTORNEY GENERAL RESPECTING ENTRY OF IRANIAN ALIENS INTO THE UNITED STATES Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as amended by Ex. Ord. No. 12206, Apr. 7, 1980, 45 F.R. 24101, provided: By virtue of the authority vested in me as President by the Constitution and laws of the United States, in- cluding the Immigration and Nationality Act, as amended [this chapter], 8 USC 1185 and 3 USC 301, it is hereby ordered as follows: Section 1–101. Delegation of Authority. The Secretary of State and the Attorney General are hereby des- ignated and empowered to exercise in respect of Ira- nians the authority conferred upon the President by section 215(a)(1) of the Act of June 27, 1952 (8 USC 1185), to prescribe limitations and exceptions on the rules and regulations governing the entry of aliens into the United States. Section 1–102. Effective Date. This order is effective immediately. JIMMY CARTER. EX. ORD. NO. 13323. ASSIGNMENT OF FUNCTIONS RELATING TO ARRIVALS IN AND DEPARTURES FROM THE UNITED STATES Ex. Ord. No. 13323, Dec. 30, 2003, 69 F.R. 241, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 215 of the Immigration and Nationality Act (INA), as amended (8 U.S.C. 1185), and section 301 of title 3, United States Code, and to strengthen the national security of the United States through procedures and systems to manage and control the arrival and departure of persons from the United States, it is hereby ordered as follows: SECTION 1. Functions of the Secretary of Homeland Secu- rity. The Secretary of Homeland Security is assigned the functions of the President under section 215(a) of the INA with respect to persons other than citizens of Page 245 TITLE 8—ALIENS AND NATIONALITY § 1186a 1 So in original. Probably should be ‘‘subsection’’. the United States. In exercising these functions, the Secretary of Homeland Security shall not issue, amend, or revoke any rules, regulations, or orders without first obtaining the concurrence of the Secretary of State. SEC. 2. Functions of the Secretary of State. The Sec- retary of State is assigned the functions of the Presi- dent under section 215(a) and (b) of the INA with re- spect to citizens of the United States, including those functions concerning United States passports. In addi- tion, the Secretary may amend or revoke part 46 of title 22, Code of Federal Regulations, which concern persons other than citizens of the United States. In ex- ercising these functions, the Secretary of State shall not issue, amend, or revoke any rules, regulations, or orders without first consulting with the Secretary of Homeland Security. SEC. 3. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agen- cies, entities, officers, employees or agents, or any other person. GEORGE W. BUSH. § 1186. Transferred Editorial Notes CODIFICATION Section, act June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Nov. 6, 1986, Pub. L. 99–603, title III, § 301(c), 100 Stat. 3411, which related to admission of temporary H–2A workers, was renumbered § 218 by Pub. L. 100–525, § 2(l)(2), Oct. 24, 1988, 102 Stat. 2612, and transferred to section 1188 of this title. § 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters (a) In general (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien spouse (as defined in sub- section (h)(1)) and an alien son or daughter (as defined in subsection (h)(2)) shall be consid- ered, at the time of obtaining the status of an alien lawfully admitted for permanent resi- dence, to have obtained such status on a con- ditional basis subject to the provisions of this section. (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed. (B) At time of required petition In addition, the Secretary of Homeland Se- curity shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsections 1 (c)(1). (C) Effect of failure to provide notice The failure of the Secretary of Homeland Security to provide a notice under this para- graph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter. (b) Termination of status if finding that quali- fying marriage improper (1) In general In the case of an alien with permanent resi- dent status on a conditional basis under sub- section (a), if the Secretary of Homeland Secu- rity determines, before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence, that— (A) the qualifying marriage— (i) was entered into for the purpose of procuring an alien’s admission as an immi- grant, or (ii) has been judicially annulled or ter- minated, other than through the death of a spouse; or (B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) of this title or sub- section (d) or (p) of section 1184 of this title with respect to the alien; the Secretary of Homeland Security shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. (2) Hearing in removal proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a prepon- derance of the evidence, that a condition de- scribed in paragraph (1) is met. (c) Requirements of timely petition and inter- view for removal of condition (1) In general In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed— (A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Secretary of Homeland Security, dur- ing the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and infor- mation described in subsection (d)(1), and (B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security re- specting the facts and information described in subsection (d)(1). (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a), if—