---
kind: "section"
citation: "8 U.S.C. § 1225"
title: "8"
title_heading: "Aliens and Nationality"
number: "1225"
heading: "Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1225"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part IV — Inspection, Apprehension, Examination, Exclusion, and Removal"
---

# §1225. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

- (a) **Inspection—**
  - (1) **Aliens treated as applicants for admission—** An [alien](/usc/8/1101.md?p=a-3) present in the [United States](/usc/8/1101.md?p=a-38) who has not been [admitted](/usc/8/1101.md?p=a-13-A) or who arrives in the [United States](/usc/8/1101.md?p=a-38) (whether or not at a designated port of arrival and including an [alien](/usc/8/1101.md?p=a-3) who is brought to the [United States](/usc/8/1101.md?p=a-38) after having been interdicted in international or [United States](/usc/8/1101.md?p=a-38) waters) shall be deemed for purposes of this chapter an applicant for [admission](/usc/8/1101.md?p=a-13-A).
  - (2) **Stowaways—** An arriving [alien](/usc/8/1101.md?p=a-3) who is a [stowaway](/usc/8/1101.md?p=a-49) is not eligible to apply for [admission](/usc/8/1101.md?p=a-13-A) or to be [admitted](/usc/8/1101.md?p=a-13-A) and shall be ordered removed upon inspection by an [immigration officer](/usc/8/1101.md?p=a-18). Upon such inspection if the [alien](/usc/8/1101.md?p=a-3) indicates an intention to apply for asylum under [section 1158 of this title](/usc/8/1158.md) or a fear of persecution, the officer shall refer the [alien](/usc/8/1101.md?p=a-3) for an interview under [subsection (b)(1)(B)](#b-1-B). A [stowaway](/usc/8/1101.md?p=a-49) may apply for asylum only if the [stowaway](/usc/8/1101.md?p=a-49) is found to have a credible fear of persecution under [subsection (b)(1)(B)](#b-1-B). In no case may a [stowaway](/usc/8/1101.md?p=a-49) be considered an applicant for [admission](/usc/8/1101.md?p=a-13-A) or eligible for a hearing under [section 1229a of this title](/usc/8/1229a.md).
  - (3) **Inspection—** All [aliens](/usc/8/1101.md?p=a-3) (including [alien](/usc/8/1101.md?p=a-3) crewmen) who are applicants for [admission](/usc/8/1101.md?p=a-13-A) or otherwise seeking [admission](/usc/8/1101.md?p=a-13-A) or readmission to or transit through the [United States](/usc/8/1101.md?p=a-38) shall be inspected by [immigration officers](/usc/8/1101.md?p=a-18).
  - (4) **Withdrawal of application for admission—** An [alien](/usc/8/1101.md?p=a-3) applying for [admission](/usc/8/1101.md?p=a-13-A) may, in the discretion of the [Attorney General](/usc/8/1101.md?p=a-5) and at any time, be permitted to withdraw the [application for admission](/usc/8/1101.md?p=a-4) and depart immediately from the [United States](/usc/8/1101.md?p=a-38).
  - (5) **Statements—** An applicant for [admission](/usc/8/1101.md?p=a-13-A) may be required to [state](/usc/8/1101.md?p=a-36) under oath any information sought by an [immigration officer](/usc/8/1101.md?p=a-18) regarding the purposes and intentions of the applicant in seeking [admission](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38), including the applicant’s intended length of stay and whether the applicant intends to remain permanently or become a [United States](/usc/8/1101.md?p=a-38) citizen, and whether the applicant is inadmissible.
- (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—** If an [immigration officer](/usc/8/1101.md?p=a-18) determines that an [alien](/usc/8/1101.md?p=a-3) (other than an [alien](/usc/8/1101.md?p=a-3) described in [subparagraph (F)](#b-1-F)) who is arriving in the [United States](/usc/8/1101.md?p=a-38) or is described in [clause (iii)](#b-1-A-iii) is inadmissible under section [1182(a)(6)(C)](/usc/8/1182.md?p=a-6-C) or [1182(a)(7)](/usc/8/1182.md?p=a-7) of this title, the officer shall order the [alien](/usc/8/1101.md?p=a-3) removed from the [United States](/usc/8/1101.md?p=a-38) without further hearing or review unless the [alien](/usc/8/1101.md?p=a-3) indicates either an intention to apply for asylum under [section 1158 of this title](/usc/8/1158.md) or a fear of persecution.
      - (ii) **Claims for asylum—** If an [immigration officer](/usc/8/1101.md?p=a-18) determines that an [alien](/usc/8/1101.md?p=a-3) (other than an [alien](/usc/8/1101.md?p=a-3) described in [subparagraph (F)](#b-1-F)) who is arriving in the [United States](/usc/8/1101.md?p=a-38) or is described in [clause (iii)](#b-1-A-iii) is inadmissible under section [1182(a)(6)(C)](/usc/8/1182.md?p=a-6-C) or [1182(a)(7)](/usc/8/1182.md?p=a-7) of this title and the [alien](/usc/8/1101.md?p=a-3) indicates either an intention to apply for asylum under [section 1158 of this title](/usc/8/1158.md) or a fear of persecution, the officer shall refer the [alien](/usc/8/1101.md?p=a-3) for an interview by an asylum officer under [subparagraph (B)](#b-1-B).
      - (iii) **Application to certain other aliens—**
        - (I) **In general—** The [Attorney General](/usc/8/1101.md?p=a-5) may apply clauses (i) and (ii) of this subparagraph to any or all [aliens](/usc/8/1101.md?p=a-3) described in [subclause (II)](#b-1-A-iii-II) as designated by the [Attorney General](/usc/8/1101.md?p=a-5). Such designation shall be in the sole and unreviewable discretion of the [Attorney General](/usc/8/1101.md?p=a-5) and may be modified at any time.
        - (II) **Aliens described—** An [alien](/usc/8/1101.md?p=a-3) described in this clause is an [alien](/usc/8/1101.md?p=a-3) who is not described in [subparagraph (F)](#b-1-F), who has not been [admitted](/usc/8/1101.md?p=a-13-A) or paroled into the [United States](/usc/8/1101.md?p=a-38), and who has not affirmatively shown, to the satisfaction of an [immigration officer](/usc/8/1101.md?p=a-18), that the [alien](/usc/8/1101.md?p=a-3) has been physically present in the [United States](/usc/8/1101.md?p=a-38) continuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph.
    - (B) **Asylum interviews—**
      - (i) **Conduct by asylum officers—** An asylum officer shall conduct interviews of [aliens](/usc/8/1101.md?p=a-3) referred under [subparagraph (A)(ii)](#b-1-A-ii), either at a port of entry or at such other place designated by the [Attorney General](/usc/8/1101.md?p=a-5).
      - (ii) **Referral of certain aliens—** If the officer determines at the time of the interview that an [alien](/usc/8/1101.md?p=a-3) has a credible fear of persecution (within the meaning of [clause (v)](#b-1-B-v)), the [alien](/usc/8/1101.md?p=a-3) shall be detained for further consideration of the application for asylum.
      - (iii) **Removal without further review if no credible fear of persecution—**
        - (I) **In general—** Subject to [subclause (III)](#b-1-B-iii-III), if the officer determines that an [alien](/usc/8/1101.md?p=a-3) does not have a credible fear of persecution, the officer shall order the [alien](/usc/8/1101.md?p=a-3) removed from the [United States](/usc/8/1101.md?p=a-38) without further hearing or review.
        - (II) **Record of determination—** The officer shall prepare a written record of a determination under [subclause (I)](#b-1-B-iii-I). Such record shall include a summary of the material facts as stated by the applicant, such additional facts (if any) relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the [alien](/usc/8/1101.md?p=a-3) has not established a credible fear of persecution. A copy of the officer’s interview notes shall be attached to the written summary.
        - (III) **Review of determination—** The [Attorney General](/usc/8/1101.md?p=a-5) shall provide by regulation and upon the [alien](/usc/8/1101.md?p=a-3)’s request for prompt review by an [immigration judge](/usc/8/1101.md?p=b-4) of a determination under [subclause (I)](#b-1-B-iii-I) that the [alien](/usc/8/1101.md?p=a-3) does not have a credible fear of persecution. Such review shall include an opportunity for the [alien](/usc/8/1101.md?p=a-3) to be heard and questioned by the [immigration judge](/usc/8/1101.md?p=b-4), either in [person](/usc/8/1101.md?p=b-3) or by telephonic or video connection. Review shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under [subclause (I)](#b-1-B-iii-I).
        - (IV) **Mandatory detention—** Any [alien](/usc/8/1101.md?p=a-3) subject to the procedures under this clause shall be detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed.
      - (iv) **Information about interviews—** The [Attorney General](/usc/8/1101.md?p=a-5) shall provide information concerning the asylum interview described in this subparagraph to [aliens](/usc/8/1101.md?p=a-3) who may be eligible. An [alien](/usc/8/1101.md?p=a-3) who is eligible for such interview may consult with a [person](/usc/8/1101.md?p=b-3) or [persons](/usc/8/1101.md?p=b-3) of the [alien](/usc/8/1101.md?p=a-3)’s choosing prior to the interview or any review thereof, according to regulations prescribed by the [Attorney General](/usc/8/1101.md?p=a-5). Such consultation shall be at no expense to the Government and shall not unreasonably delay the process.
      - (v) **“Credible fear of persecution” defined—** For purposes of this subparagraph, the term “credible fear of persecution” means that there is a significant possibility, taking into account the credibility of the statements made by the [alien](/usc/8/1101.md?p=a-3) in support of the [alien](/usc/8/1101.md?p=a-3)’s claim and such other facts as are known to the officer, that the [alien](/usc/8/1101.md?p=a-3) could establish eligibility for asylum under [section 1158 of this title](/usc/8/1158.md).
    - (C) **Limitation on administrative review—** Except as provided in [subparagraph (B)(iii)(III)](#b-1-B-iii-III), a removal order entered in accordance with subparagraph [(A)(i)](#b-1-A-i) or [(B)(iii)(I)](#b-1-B-iii-I) is not subject to administrative appeal, except that the [Attorney General](/usc/8/1101.md?p=a-5) shall provide by regulation for prompt review of such an order under [subparagraph (A)(i)](#b-1-A-i) against an [alien](/usc/8/1101.md?p=a-3) who claims under oath, or as permitted under penalty of perjury under [section 1746 of title 28](/usc/28/1746.md), after having been warned of the penalties for falsely making such claim under such conditions, to have been [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20), to have been [admitted](/usc/8/1101.md?p=a-13-A) as a [refugee](/usc/8/1101.md?p=a-42) under [section 1157 of this title](/usc/8/1157.md), or to have been granted asylum under [section 1158 of this title](/usc/8/1158.md).
    - (D) **Limit on collateral attacks—** In any action brought against an [alien](/usc/8/1101.md?p=a-3) under [section 1325(a) of this title](/usc/8/1325.md?p=a) or [section 1326 of this title](/usc/8/1326.md), the court shall not have jurisdiction to hear any claim attacking the validity of an order of removal entered under subparagraph [(A)(i)](#b-1-A-i) or [(B)(iii)](#b-1-B-iii).
    - (E) **“Asylum officer” defined—** As used in this paragraph, the term “asylum officer” means an [immigration officer](/usc/8/1101.md?p=a-18) 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](/usc/8/1158.md), and
      - (ii) is supervised by an officer who meets the condition described in [clause (i)](#b-1-E-i) and has had [substantial](/usc/8/1101.md?p=a-45) experience adjudicating asylum applications.
    - (F) **Exception—** [Subparagraph (A)](#b-1-A) shall not apply to an [alien](/usc/8/1101.md?p=a-3) who is a native or citizen of a country in the Western Hemisphere with whose government the [United States](/usc/8/1101.md?p=a-38) does not have full diplomatic relations and who arrives by aircraft at a port of entry.
    - (G) **Commonwealth of the Northern Mariana Islands—** Nothing in this subsection shall be construed to authorize or require any [person](/usc/8/1101.md?p=b-3) described in [section 1158(e) of this title](/usc/8/1158.md?p=e) to be permitted to apply for asylum under [section 1158 of this title](/usc/8/1158.md) at any time before January 1, 2014.
  - (2) **Inspection of other aliens—**
    - (A) **In general—** Subject to subparagraphs [(B)](#b-2-B) and [(C)](#b-2-C), in the case of an [alien](/usc/8/1101.md?p=a-3) who is an applicant for [admission](/usc/8/1101.md?p=a-13-A), if the examining [immigration officer](/usc/8/1101.md?p=a-18) determines that an [alien](/usc/8/1101.md?p=a-3) seeking [admission](/usc/8/1101.md?p=a-13-A) is not clearly and beyond a doubt entitled to be [admitted](/usc/8/1101.md?p=a-13-A), the [alien](/usc/8/1101.md?p=a-3) shall be detained for a proceeding under [section 1229a of this title](/usc/8/1229a.md).
    - (B) **Exception—** [Subparagraph (A)](#b-2-A) shall not apply to an [alien](/usc/8/1101.md?p=a-3)—
      - (i) who is a [crewman](/usc/8/1101.md?p=a-10),
      - (ii) to whom [paragraph (1)](#b-1) applies, or
      - (iii) who is a [stowaway](/usc/8/1101.md?p=a-49).
    - (C) **Treatment of aliens arriving from contiguous territory—** In the case of an [alien](/usc/8/1101.md?p=a-3) described in [subparagraph (A)](#b-2-A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the [United States](/usc/8/1101.md?p=a-38), the [Attorney General](/usc/8/1101.md?p=a-5) may return the [alien](/usc/8/1101.md?p=a-3) to that territory pending a proceeding under [section 1229a of this title](/usc/8/1229a.md).
  - (3) **Enforcement by attorney general of a state—** The [attorney general](/usc/8/1101.md?p=a-5) of a [State](/usc/8/1101.md?p=a-36), or other authorized [State](/usc/8/1101.md?p=a-36) officer, alleging a violation of the detention and removal requirements under paragraph [(1)](#b-1) or [(2)](#b-2) that harms such [State](/usc/8/1101.md?p=a-36) or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such [State](/usc/8/1101.md?p=a-36) or the residents of such [State](/usc/8/1101.md?p=a-36) in an appropriate district court of the [United States](/usc/8/1101.md?p=a-38) to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a [State](/usc/8/1101.md?p=a-36) or its residents shall be considered to have been harmed if the [State](/usc/8/1101.md?p=a-36) or its residents experience harm, including financial harm in excess of $100.
  - (4) **Challenge of decision—** The decision of the examining [immigration officer](/usc/8/1101.md?p=a-18), if favorable to the [admission](/usc/8/1101.md?p=a-13-A) of any [alien](/usc/8/1101.md?p=a-3), shall be subject to challenge by any other [immigration officer](/usc/8/1101.md?p=a-18) and such challenge shall operate to take the [alien](/usc/8/1101.md?p=a-3) whose privilege to be [admitted](/usc/8/1101.md?p=a-13-A) is so challenged, before an [immigration judge](/usc/8/1101.md?p=b-4) for a proceeding under [section 1229a of this title](/usc/8/1229a.md).
- (c) **Removal of aliens inadmissible on security and related grounds—**
  - (1) **Removal without further hearing—** If an [immigration officer](/usc/8/1101.md?p=a-18) or an [immigration judge](/usc/8/1101.md?p=b-4) suspects that an arriving [alien](/usc/8/1101.md?p=a-3) may be inadmissible under [subparagraph (A)](#c-1-A) (other than clause (ii)), (B), or (C) of [section 1182(a)(3) of this title](/usc/8/1182.md?p=a-3), the officer or judge shall—
    - (A) order the [alien](/usc/8/1101.md?p=a-3) removed, subject to review under [paragraph (2)](#c-2);
    - (B) report the order of removal to the [Attorney General](/usc/8/1101.md?p=a-5); and
    - (C) not conduct any further inquiry or hearing until ordered by the [Attorney General](/usc/8/1101.md?p=a-5).
  - (2) **Review of order—**
    - (A) The [Attorney General](/usc/8/1101.md?p=a-5) shall review orders issued under [paragraph (1)](#c-1).
    - (B) If the [Attorney General](/usc/8/1101.md?p=a-5)—
      - (i) is satisfied on the basis of confidential information that the [alien](/usc/8/1101.md?p=a-3) is inadmissible under [subparagraph (A)](#c-2-A) (other than [clause (ii)](#c-2-B-ii)), (B), or (C) of [section 1182(a)(3) of this title](/usc/8/1182.md?p=a-3), and
      - (ii) after consulting with appropriate security agencies of the [United States](/usc/8/1101.md?p=a-38) Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security,

      the [Attorney General](/usc/8/1101.md?p=a-5) may order the [alien](/usc/8/1101.md?p=a-3) removed without further inquiry or hearing by an [immigration judge](/usc/8/1101.md?p=b-4).

    - (C) If the [Attorney General](/usc/8/1101.md?p=a-5) does not order the removal of the [alien](/usc/8/1101.md?p=a-3) under [subparagraph (B)](#c-2-B), the [Attorney General](/usc/8/1101.md?p=a-5) shall specify the further inquiry or hearing that shall be conducted in the case.
  - (3) **Submission of statement and information—** The [alien](/usc/8/1101.md?p=a-3) or the [alien](/usc/8/1101.md?p=a-3)’s representative may submit a written statement and additional information for consideration by the [Attorney General](/usc/8/1101.md?p=a-5).
- (d) **Authority relating to inspections—**
  - (1) **Authority to search conveyances—** [Immigration officers](/usc/8/1101.md?p=a-18) are authorized to board and search any vessel, aircraft, railway car, or other conveyance or vehicle in which they believe [aliens](/usc/8/1101.md?p=a-3) are being brought into the [United States](/usc/8/1101.md?p=a-38).
  - (2) **Authority to order detention and delivery of arriving aliens—** [Immigration officers](/usc/8/1101.md?p=a-18) are authorized to order an owner, agent, master, commanding officer, [person](/usc/8/1101.md?p=b-3) in charge, purser, or consignee of a vessel or aircraft bringing an [alien](/usc/8/1101.md?p=a-3) (except an [alien](/usc/8/1101.md?p=a-3) crewmember) to the [United States](/usc/8/1101.md?p=a-38)—
    - (A) to detain the [alien](/usc/8/1101.md?p=a-3) on the vessel or at the airport of arrival, and
    - (B) to deliver the [alien](/usc/8/1101.md?p=a-3) to an [immigration officer](/usc/8/1101.md?p=a-18) for inspection or to a medical officer for examination.
  - (3) **Administration of oath and consideration of evidence—** The [Attorney General](/usc/8/1101.md?p=a-5) and any [immigration officer](/usc/8/1101.md?p=a-18) shall have power to administer oaths and to take and consider evidence of or from any [person](/usc/8/1101.md?p=b-3) touching the privilege of any [alien](/usc/8/1101.md?p=a-3) or [person](/usc/8/1101.md?p=b-3) he believes or suspects to be an [alien](/usc/8/1101.md?p=a-3) to enter, reenter, transit through, or reside in the [United States](/usc/8/1101.md?p=a-38) or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the [Service](/usc/8/1101.md?p=a-34).
  - (4) **Subpoena authority—**
    - (A) The [Attorney General](/usc/8/1101.md?p=a-5) and any [immigration officer](/usc/8/1101.md?p=a-18) shall have power to require by subpoena the attendance and testimony of witnesses before [immigration officers](/usc/8/1101.md?p=a-18) and the production of books, papers, and documents relating to the privilege of any [person](/usc/8/1101.md?p=b-3) to enter, reenter, reside in, or pass through the [United States](/usc/8/1101.md?p=a-38) or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the [Service](/usc/8/1101.md?p=a-34), and to that end may invoke the aid of any court of the [United States](/usc/8/1101.md?p=a-38).
    - (B) Any [United States](/usc/8/1101.md?p=a-38) district court within the jurisdiction of which investigations or inquiries are being conducted by an [immigration officer](/usc/8/1101.md?p=a-18) 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](/usc/8/1101.md?p=a-18), issue an order requiring such [persons](/usc/8/1101.md?p=b-3) to appear before an [immigration officer](/usc/8/1101.md?p=a-18), 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.

## Source credit

(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; Pub. L. 119–1, § 3(a), Jan. 29, 2025, 139 Stat. 3.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(1) and (d)(3), (4)(A), 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

2025—Subsec. (b)(3), (4). Pub. L. 119–1 added par. (3) and redesignated former par. (3) as (4).

2008—Subsec. (b)(1)(G). Pub. L. 110–229 added subpar. (G).

1996—Pub. L. 104–208, § 302(a), amended section generally, revising and restating former subsecs. (a) to (d) relating to inspection of aliens arriving in the United States, powers of immigration officers, detention of aliens for further inquiry, temporary and permanent exclusion of aliens, and collateral attacks on orders of exclusion and deportation.

Pub. L. 104–208, § 371(b)(4), substituted “an immigration judge” for “a special inquiry officer”, “immigration judge” for “special inquiry officer”, and “immigration judges” for “special inquiry officers”, wherever appearing in subsecs. (a) to (c).

Subsec. (b). Pub. L. 104–132, § 422(a), which directed the general amendment of subsec. (b) by substituting pars. (1) to (3) relating to asylum interviews and hearings, detention for further inquiry, and challenges of favorable decisions, for former subsec. (b) consisting of single par., was repealed by Pub. L. 104–208, § 308(d)(5). See Construction of 1996 Amendment note below.

Subsec. (d). Pub. L. 104–132, § 423(b), added subsec. (d) which read as follows: “In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 1325 or section 1326 of this title, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under this section or sections 1226 and 1252 of this title.”

1990—Subsec. (c). Pub. L. 101–649 substituted “subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title” for “paragraph (27), (28), or (29) of section 1182(a) of this title”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective Date note under section 1806 of Title 48.

### Effective Date of 1996 Amendments

Amendment by section 302(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.

Pub. L. 104–208, div. C, title III, § 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619, provided that the amendment made by section 308(d)(5) is effective as of Apr. 24, 1996. See Construction of 1996 Amendment note below.

Amendment by section 371(b)(4) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.

Pub. L. 104–132, title IV, § 422(c), Apr. 24, 1996, 110 Stat. 1272, which provided that the amendments made by section 422 of Pub. L. 104–132 [amending this section and former section 1227 of this title] were to take effect on the first day of the first month that began more than 180 days after Apr. 24, 1996, was repealed by Pub. L. 104–208, div. C, title III, § 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619. See Construction of 1996 Amendment note below.

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649 applicable to individuals 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.

### Construction of 1996 Amendment

Pub. L. 104–208, div. C, title III, § 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619, provided that: “Effective as of the date of the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 [Pub. L. 104–132, approved Apr. 24, 1996], section 422 of such Act [amending this section and section 1227 of this title, and enacting provisions set out as a note above] is repealed and the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] shall be applied as if such section had not been enacted.”

### 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.

### GAO Study on Operation of Expedited Removal Procedures

Pub. L. 104–208, div. C, title III, § 302(b), Sept. 30, 1996, 110 Stat. 3009–584, required the Comptroller General to conduct a study on the implementation and effectiveness of the expedited removal procedures under subsec. (b)(1) of this section and submit to Congress a report on the study no later than 18 months after Sept. 30, 1996.

### References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.