8 U.S.C. § 1182e — Denial of entry into United States of for-

Page 215 TITLE 8—ALIENS AND NATIONALITY § 1182e This memorandum is not intended to create, and should not be construed to create, any right or benefit, substantive or procedural, legally enforceable by any party against the United States, its agencies or instru- mentalities, officers, employees, or any other person, or to require any procedures to determine whether a person is a refugee. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. IMPLEMENTING IMMEDIATE HEIGHTENED SCREENING AND VETTING OF APPLICATIONS FOR VISAS AND OTHER IMMI- GRATION BENEFITS, ENSURING ENFORCEMENT OF ALL LAWS FOR ENTRY INTO THE UNITED STATES, AND IN- CREASING TRANSPARENCY AMONG DEPARTMENTS AND AGENCIES OF THE FEDERAL GOVERNMENT AND FOR THE AMERICAN PEOPLE Memorandum of President of the United States, Mar. 6, 2017, 82 F.R. 16279, which related to increased enforce- ment of immigration laws, was revoked by Ex. Ord. No. 14013, § 2(b), Feb. 4, 2021, 86 F.R. 8840, set out in a note under section 1157 of this title. §§ 1182a to 1182c. Repealed. Pub. L. 87–301, § 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657 Section 1182a, act Sept. 3, 1954, ch. 1254, § 4, 68 Stat. 1145, related to admission of aliens who were either convicted, or who admitted the commission, of a mis- demeanor. Section 1182b, Pub. L. 85–316, § 5, Sept. 11, 1957, 71 Stat. 640, permitted admission of an alien spouse, child or parent excludable for crime involving moral turpi- tude in cases of hardship, when not contrary to na- tional welfare or security, and with Attorney General’s consent, and under conditions and procedures pre- scribed by him. See section 1182(h) of this title. Section 1182c, Pub. L. 85–316, § 6, Sept. 11, 1957, 71 Stat. 640; Pub. L. 86–253, § 1, Sept. 9, 1959, 73 Stat. 490, author- ized admission of an alien spouse, child, or parent of a United States citizen afflicted with tuberculosis under terms, conditions and controls prescribed by Attorney General. See section 1182(g) of this title. § 1182d. Denial of visas to confiscators of Amer- ican property (a) Denial of visas Except as otherwise provided in section 6091 of title 22, and subject to subsection (b), the Sec- retary of State may deny the issuance of a visa to any alien who— (1) through the abuse of position, including a governmental or political party position, con- verts or has converted for personal gain real property that has been confiscated or expro- priated, a claim to which is owned by a na- tional of the United States, or who is complicit in such a conversion; or (2) induces any of the actions or omissions described in paragraph (1) by any person. (b) Exceptions Subsection (a) shall not apply to— (1) any country established by international mandate through the United Nations; or (2) any territory recognized by the United States Government to be in dispute. (c) Reporting requirement Not later than 6 months after October 21, 1998, and every 12 months thereafter, the Secretary of State shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report, including— (1) a list of aliens who have been denied a visa under this subsection; and (2) a list of aliens who could have been de- nied a visa under subsection (a) but were issued a visa and an explanation as to why each such visa was issued. (Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2225, Oct. 21, 1998, 112 Stat. 2681–819.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, and also as part of the Foreign Affairs Reform and Restruc- turing Act of 1998, and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Immigration and Nationality Act which comprises this chapter. § 1182e. Denial of entry into United States of for- eign nationals engaged in establishment or enforcement of forced abortion or steriliza- tion policy (a) Denial of entry Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and spe- cific information, to have been directly involved in the establishment or enforcement of popu- lation control policies forcing a woman to un- dergo an abortion against her free choice or forcing a man or woman to undergo sterilization against his or her free choice, unless the Sec- retary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies. (b) Exceptions The prohibitions in subsection (a) shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister. (c) Waiver The Secretary of State may waive the prohibi- tions in subsection (a) with respect to a foreign national if the Secretary— (1) determines that it is important to the na- tional interest of the United States to do so; and (2) provides written notification to the ap- propriate congressional committees con- taining a justification for the waiver. (Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 801], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.) Editorial Notes CODIFICATION Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authoriza- tion Act, Fiscal Years 2000 and 2001, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related Page 216 TITLE 8—ALIENS AND NATIONALITY § 1182f references, see note set out under section 1551 of this title. § 1182f. Denial of entry into United States of Chi- nese and other nationals engaged in coerced organ or bodily tissue transplantation (a) Denial of entry Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific informa- tion, to have been directly involved with the co- ercive transplantation of human organs or bod- ily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such practices. (b) Exception The prohibitions in subsection (a) do not apply to an applicant who is a head of state, head of government, or cabinet-level minister. (c) Waiver The Secretary may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary— (1) determines that it is important to the na- tional interest of the United States to do so; and (2) not later than 30 days after the issuance of a visa, provides written notification to the appropriate congressional committees con- taining a justification for the waiver. (Pub. L. 107–228, div. A, title II, § 232, Sept. 30, 2002, 116 Stat. 1372.) Editorial Notes CODIFICATION Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Immigration and Na- tionality Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘appropriate con- gressional committees’’ as used in this section, see sec- tion 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse. § 1183. Admission of aliens on giving bond or un- dertaking; return upon permanent departure An alien inadmissible under paragraph (4) of section 1182(a) of this title may, if otherwise ad- missible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of spon- sor’s income and resources under section 1183a of this title) upon the giving of a suitable and proper bond or undertaking approved by the At- torney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien be- coming a public charge. Such bond or under- taking shall terminate upon the permanent de- parture from the United States, the naturaliza- tion, or the death of such alien, and any sums or other security held to secure performance there- of, except to the extent forfeited for violation of the terms thereof, shall be returned to the per- son by whom furnished, or to his legal represent- atives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or mu- nicipality in which such alien becomes a public charge, irrespective of whether a demand for payment of public expenses has been made. (June 27, 1952, ch. 477, title II, ch. 2, § 213, 66 Stat. 188; Pub. L. 91–313, § 1, July 10, 1970, 84 Stat. 413; Pub. L. 101–649, title VI, § 603(a)(8), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), title V, § 564(f), Sept. 30, 1996, 110 Stat. 3009–617, 3009–684.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208, § 564(f), inserted ‘‘(subject to the affidavit of support requirement and attribution of sponsor’s income and resources under section 1183a of this title)’’ after ‘‘in the discretion of the Attorney General’’. Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmis- sible’’ for ‘‘excludable’’. 1990—Pub. L. 101–649 substituted ‘‘(4)’’ for ‘‘(7) or (15)’’ and inserted before period at end ‘‘, irrespective of whether a demand for payment of public expenses has been made’’ after ‘‘becomes a public charge’’. 1970—Pub. L. 91–313 substituted provisions admitting, under the specified conditions, an alien excludable under pars. (7) or (15) of section 1182(a) of this title, for provisions admitting, under the specified conditions, any alien excludable because of the likelihood of be- coming a public charge or because of physical dis- ability other than tuberculosis in any form, leprosy, or a dangerous contagious disease, and struck out provi- sions authorizing a cash deposit with the Attorney General in lieu of a bond, such amount to be deposited in the United States Postal Savings System, and provi- sions that the admission of the alien be consideration for the giving of the bond, undertaking, or cash deposit. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(d)(3)(A) 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. Amendment by section 564(f) of Pub. L. 104–208 effec- tive Sept. 30, 1996, see section 591 of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–649 applicable to individ- uals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, 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.