§1223. Entry through or from foreign territory and adjacent islands

(a) Necessity of transportation contract

The Attorney General shall have power to enter into contracts with transportation lines for the inspection and admission of aliens coming to the United States from foreign territory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General.

(b) Landing stations

Every transportation line engaged in carrying alien passengers for hire to the United States from foreign territory or from adjacent islands shall provide and maintain at its expense suitable landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General.

(c) Landing agreements

The Attorney General shall have power to enter into contracts including bonding agreements with transportation lines to guarantee the passage through the United States in immediate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under section 1258 of this title.

(d) Definitions

As used in this section the terms "transportation line" and "transportation company" include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any vessel or aircraft or railroad train bringing aliens to the United States, to foreign territory, or to adjacent islands.

(June 27, 1952, ch. 477, title II, ch. 4, §233, formerly §238, 66 Stat. 202 ; Pub. L. 99–653, §7(b), Nov. 14, 1986, 100 Stat. 3657 ; renumbered §233 and amended Pub. L. 104–208, div. C, title III, §§308(b)(4), (f)(4), 362, Sept. 30, 1996, 110 Stat. 3009–615 , 3009-622, 3009-645.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), 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.

Codification

Section was formerly classified to section 1228 of this title prior to renumbering by Pub. L. 104–208.

Prior Provisions

A prior section 1223, act June 27, 1952, ch. 477, title II, ch. 4, §233, 66 Stat. 197 , related to examinations of aliens upon arrival in the United States, prior to repeal by Pub. L. 99–500, §101(b) [title II, §206(a), formerly §206], Oct. 18, 1986, 100 Stat. 1783–39 , 1783-56; renumbered §206(a) and amended Pub. L. 100–525, §4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615 .

Amendments

1996-Pub. L. 104–208, §362(a)(1), amended section catchline.

Subsec. (a). Pub. L. 104–208, §362(a)(2), struck out "contiguous" after "foreign".

Pub. L. 104–208, §308(f)(4), substituted "inspection and admission" for "entry and inspection".

Subsec. (b). Pub. L. 104–208, §362(a)(2), struck out "contiguous" after "foreign".

Subsec. (d). Pub. L. 104–208, §362(b), inserted "or railroad train" after "aircraft".

Pub. L. 104–208, §362(a)(2), struck out "contiguous" after "foreign".

1986-Pub. L. 99–653 struck out subsec. (a) which authorized the Attorney General to enter into contracts with transportation lines for the entry and inspection of aliens and to prescribe regulations, and redesignated subsecs. (b) to (e) as (a) to (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 308(b)(4), (f)(4) 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.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99–653, 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.