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United States Code (Last Updated: May 24, 2014) |
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Title 8. ALIENS AND NATIONALITY |
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Chapter 12. IMMIGRATION AND NATIONALITY |
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SubChapter II. IMMIGRATION |
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Part IV. Inspection, Apprehension, Examination, Exclusion, and Removal |
§ 1227. Deportable aliens
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(a) Classes of deportable aliens Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens: (1) Inadmissible at time of entry or of adjustment of status or violates status (A) Inadmissible aliens Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
(B) Present in violation of law Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.
(C) Violated nonimmigrant status or condition of entry (i) Nonimmigrant status violators Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.
(ii) Violators of conditions of entry Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable.
(D) Termination of conditional permanent residence (i) In general Any alien with permanent resident status on a conditional basis under section 1186a of this title (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
(ii) Exception Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title (relating to certain hardship waivers).
(E) Smuggling (i) In general Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on
May 5, 1988 , and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, beforeMay 5, 1988 , has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.(iii) Waiver authorized The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(F) Repealed. Pub. L. 104–208, div. C, title VI, § 671(d)(1)(C), Sept. 30, 1996 , 110 Stat. 3009–723(G) Marriage fraud An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182(a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if— (i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or (ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s admission as an immigrant. (H) Waiver authorized for certain misrepresentations The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182(a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who— (i) (I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and (II) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation. (ii) is a VAWA self-petitioner. A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation. (2) Criminal offenses (A) General crimes (i) Crimes of moral turpitude Any alien who— (I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable. (ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(iv) High speed flight Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.
(v) Failure to register as a sex offender Any alien who is convicted under section 2250 of title 18 is deportable.
(vi) Waiver authorized Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.
(B) Controlled substances (i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.
(C) Certain firearm offenses Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.
(D) Miscellaneous crimes Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate— (i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed; (ii) any offense under section 871 or 960 of title 18; (iii) a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or (iv) a violation of section 1185 or 1328 of this title, is deportable. (E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and (i) Domestic violence, stalking, and child abuse Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
(F) Trafficking Any alien described in section 1182(a)(2)(H) of this title is deportable.
(3) Failure to register and falsification of documents (A) Change of address An alien who has failed to comply with the provisions of section 1305 of this title is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
(B) Failure to register or falsification of documents Any alien who at any time has been convicted— (i) under section 1306(c) of this title or under section 36(c) of the Alien Registration Act, 1940, (ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or (iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents), is deportable. (C) Document fraud (i) In general An alien who is the subject of a final order for violation of section 1324c of this title is deportable.
(ii) Waiver authorized The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 1324c of this title and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.
(D) Falsely claiming citizenship (i) In general Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.
(ii) Exception In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.
(4) Security and related grounds (A) In general Any alien who has engaged, is engaged, or at any time after admission engages in— (i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, (ii) any other criminal activity which endangers public safety or national security, or (iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is deportable. (B) Terrorist activities Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this title is deportable.
(C) Foreign policy (i) In general An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(ii) Exceptions The exceptions described in clauses (ii) and (iii) of section 1182(a)(3)(C) of this title shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section 1182(a)(3)(C)(i) of this title.
(D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing Any alien described in clause (i), (ii), or (iii) of section 1182(a)(3)(E) of this title is deportable.
(E) Participated in the commission of severe violations of religious freedom Any alien described in section 1182(a)(2)(G) of this title is deportable.
(F) Recruitment or use of child soldiers Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 is deportable.
(5) Public charge Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.
(6) Unlawful voters (A) In general Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.
(B) Exception In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.
(7) Waiver for victims of domestic violence (A) In general The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship— (i) self-defense; (II) the alien was found to have violated a protection order intended to protect the alien; or (III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime— (aa) that did not result in serious bodily injury; and (bb) where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty. (B) Credible evidence considered In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
(b) Deportation of certain nonimmigrants An alien, admitted as a nonimmigrant under the provisions of either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a) of this section.
(c) Waiver of grounds for deportation Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 1182(a) of this title) shall not apply to a special immigrant described in section 1101(a)(27)(J) of this title based upon circumstances that existed before the date the alien was provided such special immigrant status.
(d) Administrative stay (1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101(a)(15) of this title filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 1231(c)(2) of this title until— (A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or (B) there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals. (2) The denial of a request for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States. (3) During any period in which the administrative stay of removal is in effect, the alien shall not be removed. (4) Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection.
References In Text
This chapter, referred to in subsec. (a)(1)(B), (G), (3)(D)(i), 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.
Section 301 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is section 301 of Pub. L. 101–649, which is set out as a note under section 1255a of this title.
Section 112 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is section 112 of Pub. L. 101–649, which is set out as a note under section 1153 of this title.
The Military Selective Service Act, referred to in subsec. (a)(2)(D)(iii), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is classified principally to section 451 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 451 of Title 50, Appendix, and Tables.
The Trading With the Enemy Act, referred to in subsec. (a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which is classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50, Appendix. For complete classification of this Act to the Code, see Tables.
The Alien Registration Act, 1940, referred to in subsec. (a)(3)(B)(i), is act June 28, 1940, ch. 439, 54 Stat. 670, as amended. Section 36(a) of that act was classified to section 457(c) of this title and was repealed by section 403(a)(39) of act
The Foreign Agents Registration Act of 1938, referred to in subsec. (a)(3)(B)(ii), is act June 8, 1938, ch. 327, 52 Stat. 631, as amended, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.
Codification
Section was formerly classified to section 1251 of this title prior to renumbering by Pub. L. 104–208.
Prior Provisions
A prior section 1227, acts June 27, 1952, ch. 477, title II, ch. 4, § 237, 66 Stat. 201;
Amendments
2008—Subsec. (a)(2)(F). Pub. L. 110–457, § 222(f)(2), added subpar. (F).
Subsec. (a)(4)(F). Pub. L. 110–340 added subpar. (F).
Subsec. (d). Pub. L. 110–457, § 204, added subsec. (d).
2006—Subsec. (a)(1)(H)(ii). Pub. L. 109–271 amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “is an alien who qualifies for classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of section 1154(a)(1)(B) of this title.”
Subsec. (a)(2)(A)(v), (vi). Pub. L. 109–248 added cl. (v) and redesignated former cl. (v) as (vi).
2005—Subsec. (a)(4)(B). Pub. L. 109–13, § 105(a)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Any alien who has engaged, is engaged, or at any time after admission engages in any terrorist activity (as defined in section 1182(a)(3)(B)(iv) of this title) is deportable.”
Subsec. (a)(4)(E). Pub. L. 109–13, § 105(b), repealed Pub. L. 108–458, § 5402. See 2004 Amendment note below.
2004—Subsec. (a)(1)(B). Pub. L. 108–458, § 5304(b), substituted “United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is” for “United States is”.
Subsec. (a)(4)(D). Pub. L. 108–458, § 5501(b), substituted “Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing” for “Assisted in Nazi persecution or engaged in genocide” in heading and “clause (i), (ii), or (iii)” for “clause (i) or (ii)” in text.
Subsec. (a)(4)(E). Pub. L. 108–458, § 5502(b), added subpar. (E) relating to participation in the commission of severe violations of religious freedom.
Pub. L. 108–458, § 5402, which added subpar. (E) relating to recipient of military-type training, was repealed by Pub. L. 109–13, § 105(b). See Effective Date of 2005 Amendment note below.
2001—Subsec. (a)(4)(B). Pub. L. 107–56 substituted “section 1182(a)(3)(B)(iv) of this title” for “section 1182(a)(3)(B)(iii) of this title”.
2000—Subsec. (a)(1)(H). Pub. L. 106–386, § 1505(c)(2), redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), and added cl. (ii).
Subsec. (a)(3)(D). Pub. L. 106–395, § 201(c)(2), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.”
Subsec. (a)(6). Pub. L. 106–395, § 201(c)(1), amended heading and text of par. (6) generally. Prior to amendment, text read as follows: “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.”
Subsec. (a)(7). Pub. L. 106–386, § 1505(b)(1), added par. (7).
1996—Subsec. (a). Pub. L. 104–208, § 308(e)(2)(C), substituted “removed” for “deported” in introductory provisions.
Pub. L. 104–208, § 301(d)(1), substituted “in and admitted to the United States” for “in the United States” in introductory provisions.
Subsec. (a)(1). Pub. L. 104–208, § 301(d)(2), substituted “Inadmissible” for “Excludable” in par. heading.
Subsec. (a)(1)(A). Pub. L. 104–208, §§ 301(d)(3), 308(d)(3)(A), amended subpar. (A) identically, substituting “inadmissible” for “excludable”.
Pub. L. 104–208, § 301(d)(2), substituted “Inadmissible” for “Excludable” in subpar. heading.
Subsec. (a)(1)(B). Pub. L. 104–208, § 301(d)(4), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “Any alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this chapter or any other law of the United States is deportable.”
Subsec. (a)(1)(E)(iii). Pub. L. 104–208, § 351(b), inserted “an individual who at the time of the offense was” after “aided only”.
Subsec. (a)(1)(F). Pub. L. 104–208, § 671(d)(1)(C), struck out heading and text of subpar. (F). Text read as follows: “Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 1161 of this title who fails to meet the requirement of section 1161(d)(5)(A) of this title by the end of the applicable period is deportable.”
Subsec. (a)(1)(G). Pub. L. 104–208, § 308(f)(1)(L), substituted “admission” for “entry” wherever appearing.
Subsec. (a)(1)(H). Pub. L. 104–208, § 308(f)(5), which directed amendment of subsec. (a)(1)(H)(ii) by striking “at entry”, was executed by striking “at entry” after “grounds of inadmissibility” in concluding provisions of subpar. (H) to reflect the probable intent of Congress.
Pub. L. 104–208, § 308(f)(1)(M), substituted “admission as aliens” for “entry as aliens” in introductory provisions and “such admission” for “such entry” in cl. (ii).
Pub. L. 104–208, § 308(e)(1)(E), substituted “removal” for “deportation” wherever appearing.
Pub. L. 104–208, § 308(d)(2)(A), (3)(A), amended subpar. (H) identically, substituting “inadmissible” for “excludable” in introductory provisions.
Subsec. (a)(2)(A)(i)(I). Pub. L. 104–208, § 671(a)(4)(B), substituted “1255(j)” for “1255(i)”.
Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry”.
Subsec. (a)(2)(A)(i)(II). Pub. L. 104–132, § 435(a), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “either is sentenced to confinement or is confined therefor in a prison or correctional institution for one year or longer,”.
Subsec. (a)(2)(A)(ii), (iii). Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry”.
Subsec. (a)(2)(A)(iv). Pub. L. 104–208, § 108(c)(2), added cl. (iv). Former cl. (iv) redesignated (v).
Subsec. (a)(2)(A)(v). Pub. L. 104–208, § 108(c)(3), substituted “(iii), and (iv)” for “and (iii)”.
Pub. L. 104–208, § 108(c)(1), redesignated cl. (iv) as (v).
Subsec. (a)(2)(B). Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry” in cls. (i) and (ii).
Subsec. (a)(2)(C). Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry”.
Subsec. (a)(2)(E). Pub. L. 104–208, § 350(a), added subpar. (E).
Subsec. (a)(2)(E)(i), (ii). Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry”.
Subsec. (a)(3)(C). Pub. L. 104–208, § 345(b), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “Any alien who is the subject of a final order for violation of section 1324c of this title is deportable.”
Subsec. (a)(3)(D). Pub. L. 104–208, § 344(b), added subpar. (D).
Subsec. (a)(4)(A), (B). Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry”.
Subsec. (a)(4)(C)(ii). Pub. L. 104–208, § 308(d)(2)(B), substituted “inadmissibility” for “excludability”.
Subsec. (a)(6). Pub. L. 104–208, § 347(b), added par. (6).
Subsec. (c). Pub. L. 104–208, § 308(d)(2)(C), substituted “inadmissibility” for “exclusion”.
Subsec. (d). Pub. L. 104–208, § 308(d)(2)(D), struck out subsec. (d) which read as follows: “Notwithstanding any other provision of this subchapter, an alien found in the United States who has not been admitted to the United States after inspection in accordance with section 1225 of this title is deemed for purposes of this chapter to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under part IV of this subchapter. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted.”
Pub. L. 104–132, § 414(a), added subsec. (d).
1994—Subsec. (a)(2)(A)(i)(I). Pub. L. 103–322 inserted “(or 10 years in the case of an alien provided lawful permanent resident status under section 1255(i) of this title)” after “five years”.
Subsec. (a)(2)(C). Pub. L. 103–416, § 203(b)(1), substituted “, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry,” for “in violation of any law,” and inserted “in violation of any law” after “title 18)”.
Subsec. (a)(3)(B)(ii), (iii). Pub. L. 103–416, § 203(b)(2), inserted “an attempt or” before “a conspiracy”.
Subsec. (c). Pub. L. 103–416, § 219(g), substituted “and (3)(A) of subsection (a)” for “or (3)(A) of subsection (a)”.
1991—Subsec. (a). Pub. L. 102–232, § 307(h)(1), substituted “if the alien is within one or more of the following classes of deportable aliens” for “if the alien is deportable as being within one or more of the following classes of aliens”.
Subsec. (a)(1)(D)(i). Pub. L. 102–232, § 307(h)(2), inserted “respective” after “terminated under such”.
Subsec. (a)(1)(E)(i). Pub. L. 102–232, § 307(h)(3), inserted “any” after “at the time of” and after “within 5 years of the date of” in parenthetical provision.
Subsec. (a)(1)(E)(ii), (iii). Pub. L. 102–232, § 307(h)(4), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(1)(G). Pub. L. 102–232, § 307(h)(5), substituted “section 1182(a)(6)(C)(i)” for “section 1182(a)(5)(C)(i)”.
Subsec. (a)(1)(H). Pub. L. 102–232, § 307(h)(6), substituted “paragraph (4)(D)” for “paragraph (6) or (7)”.
Subsec. (a)(2)(D). Pub. L. 102–232, § 307(h)(7), inserted “or attempt” after “conspiracy”.
Subsec. (a)(3)(C). Pub. L. 102–232, § 307(h)(8), added subpar. (C).
Subsec. (a)(4)(A), (B). Pub. L. 102–232, § 307(h)(9), substituted “after entry engages” for “after entry has engaged”.
Subsec. (a)(4)(C). Pub. L. 102–232, § 307(h)(10), substituted “excludability” for “excluability”.
Subsec. (c). Pub. L. 102–232, § 307(k)(2), redesignated subsec. (h) as (c) and substituted “existed” for “exist”.
Subsec. (d). Pub. L. 102–232, § 307(k)(1), struck out subsec. (d) which related to applicability of this section to aliens belonging to any of the classes enumerated in subsection (a) of this section.
Subsec. (h). Pub. L. 102–232, § 307(k)(2), redesignated subsec. (h) as (c).
Pub. L. 102–232, § 302(d)(3), struck out comma after “(3)(A)”.
1990—Subsec. (a). Pub. L. 101–649, § 602(a), amended subsec. (a) generally, consolidating 20 categories of excludable aliens into 5 broader classes.
Pub. L. 101–649, § 544(b), added par. (21) which read as follows: “is the subject of a final order for violation of section 1324c of this title.”
Pub. L. 101–649, § 508(a), substituted “conspiracy or attempt” for “conspiracy” in par. (11).
Subsec. (b). Pub. L. 101–649, § 602(b), redesignated subsec. (e) as (b), substituted “paragraph (4) of subsection (a) of this section” for “subsection (a)(6) or (7) of this section” and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(4) of this section.
Pub. L. 101–649, § 505(a), struck out “(1)” after “crimes shall not apply” and “, or (2) if the court sentencing such alien for such crime shall make, at the time of first imposing judgment or passing sentence, or within thirty days thereafter, a recommendation to the Attorney General that such alien not be deported, due notice having been given prior to making such recommendation to representatives of the interested State, the Service, and prosecution authorities, who shall be granted an opportunity to make representations in the matter” at end of first sentence, and inserted “or who has been convicted of an aggravated felony” after “subsection (a)(11) of this section” in second sentence.
Subsec. (c). Pub. L. 101–649, § 602(b)(1), struck out subsec. (c) which related to fraudulent entry.
Subsec. (e). Pub. L. 101–649, § 602(b)(2)(B), redesignated subsec. (e) as (b).
Subsecs. (f), (g). Pub. L. 101–649, § 602(b)(1), struck out subsecs. (f) and (g) which related to waiver of deportation in specified cases and hardship waivers, respectively.
Subsec. (h). Pub. L. 101–649, § 153(b)(2), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Paragraphs (1), (2), (5), (9), or (12) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of exclusion described in paragraph (9), (10), (23), (27), (29), or (33) of section 1182(a) of this title) shall not apply to a special immigrant described in section 1101(a)(27)(J) of this title based upon circumstances that exist before the date the alien was provided such special immigrant status.”
Pub. L. 101–649, § 153(b)(1), added subsec. (h).
1988—Subsec. (a)(4). Pub. L. 100–690, § 7344(a), inserted cl. (B).
Subsec. (a)(14). Pub. L. 100–690 inserted “any firearm or destructive device (as defined in paragraphs (3) and (4)), respectively, of section 921(a) of title 18, or any revolver or” after “law”.
Subsec. (a)(17). Pub. L. 100–525, § 9(m), substituted “amendment, thereof, known as the Trading With the Enemy Act” for “amendment thereof; the Trading With the Enemy Act”.
Subsec. (a)(20). Pub. L. 100–525, § 2(n)(2), substituted “an alien lawfully admitted” for “an alien who becomes lawfully admitted”.
1986—Subsec. (a)(9). Pub. L. 99–639, § 2(b)(1), designated existing provisions as cl. (A) and added cl. (B).
Subsec. (a)(10). Pub. L. 99–653 repealed par. (10). Prior to repeal, par. (10) read as follows: “entered the United States from foreign contiguous territory or adjacent islands, having arrived there on a vessel or aircraft of a nonsignatory transportation company under section 1228(a) of this title and was without the required period of stay in such foreign contiguous territory or adjacent islands following such arrival (other than an alien described in section 1101(a)(27)(A) of this title and aliens born in the Western Hemisphere);”.
Subsec. (a)(11). Pub. L. 99–570 substituted “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21)” for “any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, any salt derivative or preparation of opium or coca leaves or isonipecaine or any addiction-forming or addiction-sustaining opiate”.
Subsec. (a)(20). Pub. L. 99–603 added par. (20).
Subsec. (g). Pub. L. 99–639, § 2(b)(2), added subsec. (g).
1981—Subsec. (f). Pub. L. 97–116 designated existing provision as par. (1)(A), substituted provision authorizing discretionary waiver of deportation based on visa fraud or misrepresentation in the case of an alien, other than an alien described in subsec. (a)(19) of this section, who is the spouse, parent, or child of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence and who was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds specified in section 1182(a)(14), (20), and (21) of this title which were a direct result of that fraud or misrepresentation, with relief available to those who have made innocent, as well as fraudulent, misrepresentations, for provision requiring mandatory waiver of deportation based on visa fraud or misrepresentation at the time of entry in the case of an alien who is the spouse, parent, or child of a United States citizen or of an alien lawfully admitted for permanent residence who is otherwise admissible, and added pars. (1)(B) and (2).
1978—Subsec. (a)(19). Pub. L. 95–549 added par. (19).
1976—Subsec. (a)(10). Pub. L. 94–571 substituted “(other than an alien described in section 1101(a)(27)(A) of this title and aliens born in the Western Hemisphere)” for “(other than an alien who is a native-born citizen of any of the countries enumerated in section 1101(a)(27)(A) of this title and an alien described in section 1101(a)(27)(B) of this title)”.
1965—Subsec. (a)(10). Pub. L. 89–236 substituted “section 1101(a)(27)(A) of this title” for “section 1101(a)(27)(C) of this title”.
1961—Subsec. (f). Pub. L. 87–301 added subsec. (f).
1960—Subsec. (a)(11). Pub. L. 86–648 inserted “or marihuana” after “narcotic drugs”.
1956—Subsec. (a)(11). Act
Subsec. (b). Act
Effective Date Of Amendment
Amendment by Pub. L. 110–340 applicable to offenses committed before, on, or after
Pub. L. 109–13, div. B, title I, § 105(a)(2),
Pub. L. 109–13, div. B, title I, § 105(b),
Amendment by section 5304(b) of Pub. L. 108–458 effective
Amendment by section 5501(b) of Pub. L. 108–458 applicable to offenses committed before, on, or after
Amendment by Pub. L. 107–56 effective
Pub. L. 106–395, title II, § 201(c)(3),
Amendment by sections 301(d), 305(a)(2), and 308(d)(2)(A)–(C), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after
Pub. L. 104–208, div. C, title III, § 308(d)(2)(D),
Amendment by section 344(b) of Pub. L. 104–208 applicable to representations made on or after
Amendment by section 347(b) of Pub. L. 104–208 applicable to voting occurring before, on, or after
Pub. L. 104–208, div. C, title III, § 350(b),
Amendment by section 351(b) of Pub. L. 104–208 applicable to applications for waivers filed before, on, or after
Amendment by section 671(a)(4)(B) of Pub. L. 104–208 effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out as a note under section 1101 of this title.
Pub. L. 104–132, title IV, § 414(b),
Pub. L. 104–132, title IV, § 435(b),
Amendment by section 203(b) of Pub. L. 103–416 applicable to convictions occurring before, on, or after
Amendment by section 219(g) of Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.
Amendment by sections 302(d)(3), 307(h) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Pub. L. 102–232, title III, § 307(k),
Amendment by section 153(b)(1) of Pub. L. 101–649 effective
Pub. L. 101–649, title I, § 153(b)(2),
Pub. L. 101–649, title V, § 505(b),
Pub. L. 101–649, title V, § 508(b),
Pub. L. 101–649, title V, § 544(d), formerly § 544(c),
Pub. L. 101–649, title VI, § 602(d),
Pub. L. 100–690, title VII, § 7344(b),
Pub. L. 100–690, title VII, § 7348(b),
Amendment by section 2(n)(2) of Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title.
Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after
Amendment by Pub. L. 99–570 applicable to convictions occurring before, on, or after
Amendment by Pub. L. 97–116 effective
Amendment by Pub. L. 94–571 effective on first day of first month which begins more than sixty days after
For effective date of amendment by Pub. L. 89–236 see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title.
Amendment by act
Savings
Pub. L. 101–649, title VI, § 602(c),
Miscellaneous
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.
Pub. L. 101–649, title V, § 510,