8 U.S.C. § 1223
Section 1223 · Entry through or from foreign territory and adjacent islands
This is § 233 of the Immigration and Nationality Act of 1952 (McCarran-Walter)
Amended 3 times on record
Applied in 20 court decisions — leading case Jean v. Nelson (1984)
Most recently applied in Zeqiri v. Mukasey (June 2008)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
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.
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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
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.