8 USC 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

U.S Code last checked for updates: Nov 22, 2024

§ 1225.

Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

(a)

Inspection

(1)

Aliens treated as applicants for admission

(2)

Stowaways

(3)

Inspection

(4)

Withdrawal of application for admission

(5)

Statements

(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

(ii)

Claims for asylum

(iii)

Application to certain other aliens

(I)

In general

(II)

Aliens described

(B)

Asylum interviews

(i)

Conduct by asylum officers

(ii)

Referral of certain aliens

(iii)

Removal without further review if no credible fear of persecution

(I)

In general

(II)

Record of determination

(III)

Review of determination

(IV)

Mandatory detention

(iv)

Information about interviews

(v)

“Credible fear of persecution” defined

(C)

Limitation on administrative review

(D)

Limit on collateral attacks

(E)

“Asylum officer” defined

As used in this paragraph, the term “asylum officer” means an immigration officer who—

(i)

has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 1158 of this title, and

(ii)

is supervised by an officer who meets the condition described in clause (i) and has had substantial experience adjudicating asylum applications.

(F)

Exception

(G)

Commonwealth of the Northern Mariana Islands

(2)

Inspection of other aliens

(A)

In general

(B)

Exception

Subparagraph (A) shall not apply to an alien—

(i)

who is a crewman,

(ii)

to whom paragraph (1) applies, or

(iii)

who is a stowaway.

(C)

Treatment of aliens arriving from contiguous territory

(3)

Challenge of decision

(c)

Removal of aliens inadmissible on security and related grounds

(1)

Removal without further hearing

If an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title, the officer or judge shall—

(A)

order the alien removed, subject to review under paragraph (2);

(B)

report the order of removal to the Attorney General; and

(C)

not conduct any further inquiry or hearing until ordered by the Attorney General.

(2)

Review of order

(A)

The Attorney General shall review orders issued under paragraph (1).

(B)

If the Attorney General—

(i)

is satisfied on the basis of confidential information that the alien is inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title, and

(ii)

after consulting with appropriate security agencies of the United States Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security,

the Attorney General may order the alien removed without further inquiry or hearing by an immigration judge.

(C)

If the Attorney General does not order the removal of the alien under subparagraph (B), the Attorney General shall specify the further inquiry or hearing that shall be conducted in the case.

(3)

Submission of statement and information

(d)

Authority relating to inspections

(1)

Authority to search conveyances

(2)

Authority to order detention and delivery of arriving aliens

(A)

to detain the alien on the vessel or at the airport of arrival, and

(B)

to deliver the alien to an immigration officer for inspection or to a medical officer for examination.

(3)

Administration of oath and consideration of evidence

(4)

Subpoena authority

(A)

The Attorney General and any immigration officer shall have power to require by subpoena the attendance and testimony of witnesses before immigration officers and the production of books, papers, and documents relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service, and to that end may invoke the aid of any court of the United States.

(B)

Any United States district court within the jurisdiction of which investigations or inquiries are being conducted by an immigration officer may, in the event of neglect or refusal to respond to a subpoena issued under this paragraph or refusal to testify before an immigration officer, issue an order requiring such persons to appear before an immigration officer, produce books, papers, and documents if demanded, and testify, and any failure to obey such order of the court may be punished by the court as a contempt thereof.

(June 27, 1952, ch. 477, title II, ch. 4, § 235, 66 Stat. 198; Pub. L. 101–649, title VI, § 603(a)(11), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104–132, title IV, §§ 422(a), 423(b), Apr. 24, 1996, 110 Stat. 1270, 1272; Pub. L. 104–208, div. C, title III, §§ 302(a), 308(d)(5), 371(b)(4), Sept. 30, 1996, 110 Stat. 3009–579, 3009–619, 3009–645; Pub. L. 110–229, title VII, § 702(j)(5), May 8, 2008, 122 Stat. 867.)

cite as: 8 USC 1225