Detention of aliens
section 1182(a) of this titleFor 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 mental or physical defects or disabilities set forth in , or whenever the Attorney General has received information showing 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 officers and medical officers to subject such aliens to observation and an examination sufficient to determine whether or not they belong to inadmissible classes.
Physical and mental examination
section 1182(a) of this titlesection 1182(a) of this titleThe physical and mental examination of arriving 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 officers in any such alien. If medical officers of the United States Public Health Service are not available, civil surgeons of not less than four years’ professional experience may be employed for such service upon such terms as may be prescribed by the Attorney General. Aliens (including 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 General may prescribe, and under medical regulations prepared by the Secretary of Health and Human Services. Medical officers of the United States Public Health Service who have had special training in the diagnosis of insanity and mental defects shall be detailed for duty or employed at such ports of entry as the Attorney General may designate, and such medical officers 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 , and the services of interpreters shall be provided for such examination. Any alien certified under paragraph (1) of , may appeal to a board of medical officers 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.
Certification of certain helpless aliens
section 1182(a)(10)(B) of this titleIf an examining medical officer determines that an alien arriving in the United States is inadmissible, is helpless from sickness, mental or physical disability, or infancy, and is accompanied by another alien whose protection or guardianship may be required, the officer may certify such fact for purposes of applying with respect to the other alien.
June 27, 1952, ch. 47766 Stat. 196Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206]100 Stat. 1783–39Pub. L. 100–525, § 4(b)(1)102 Stat. 2615Pub. L. 99–591, § 101(b) [title II, § 206]100 Stat. 3341–39Pub. L. 100–525, § 4(b)(2)102 Stat. 2615Pub. L. 104–208, div. C, title III110 Stat. 3009–615(, title II, ch. 4, § 232, ; , , , 1783–56, renumbered § 206(a), , , ; , , , 3341–56; , (d), , ; , §§ 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H), , , 3009–616, 3009–618.)
Editorial Notes
References in Text
act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsec. (a), was in the original, “this Act”, meaning , , 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 and Tables.
Codification
section 1224 of this titlePub. L. 104–208, § 308(b)(3)(C)June 27, 1952, ch. 47766 Stat. 198Pub. L. 100–525, § 9(k)102 Stat. 2620Pub. L. 101–649, title VI, § 603(a)(10)104 Stat. 5083Pub. L. 104–208, div. C, title III110 Stat. 3009–615The text of , which was transferred to subsec. (b) of this section by , was based on acts , title II, ch. 4, § 234, ; , , ; , , ; , , §§ 308(b)(3)(A), (B), (d)(3)(A), 371(b)(3), , 3009–617, 3009–645.
Amendments
Pub. L. 104–208, § 308(b)(2)(B)1996—, amended section catchline generally.
Pub. L. 104–208, § 308(b)(2)(A), inserted “(a) Detention of aliens” before “For the purpose of”.
Pub. L. 104–208, § 308(d)(4)(H)Subsec. (a). , substituted “inadmissible under” for “excluded by” and “inadmissible classes” for “the excluded classes”.
Pub. L. 104–208, § 308(b)(3)(C)section 1224 of this titleSubsec. (b). , transferred to subsec. (b) of this section. See Codification note above.
Pub. L. 104–208, § 308(c)(2)(A)Subsec. (c). , added subsec. (c).
Pub. L. 100–525, § 4(b)(1)Pub. L. 99–5001988—, (2), amended and 99–591. See 1986 Amendment note below.
Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206]Pub. L. 100–525, § 4(b)(1)1986—, as redesignated and amended by , (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 directs 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 justify,”.
Pub. L. 99–591, § 101(b) [title II, § 206]Pub. L. 99–500, § 101(b) [title II, § 206(a)]Pub. L. 100–525, § 4(d), a corrected version of , was repealed by , effective as of .
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by section 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H) of effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–525, § 4(c)102 Stat. 2615
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .
Designation of United States Military Physicians as Civil Surgeons
Pub. L. 102–484, div. A, title X, § 1079106 Stat. 2514Pub. L. 104–208, div. C, title III, § 308(g)(1)110 Stat. 3009–622