Notes on 8 U.S.C. § 1185 : US Code - Notes

Search Notes on 8 U.S.C. § 1185 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 215, 66 Stat. 190;
Pub. L. 95-426, title VII, Sec. 707(a)-(d), Oct. 7, 1978, 92 Stat.
992, 993; Pub. L. 103-416, title II, Sec. 204(a), Oct. 25, 1994,
108 Stat 4311.)
REFERENCES IN TEXT                        
For definition of Canal Zone, referred to in subsec. (c), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
AMENDMENTS                            
1994 - Subsec. (b). Pub. L. 103-416 inserted "United States"
after "valid".
1978 - Subsec. (a). Pub. L. 95-426, Sec. 707(a), substituted
provision that the enumerated acts would, unless otherwise ordered
by the President, be deemed unlawful for provisions declaring it
unlawful when the United States is at war or during a proclaimed
national emergency, or, as to aliens, when there exists a state of
war between two or more states and the President finds that the
interests of the United States require restrictions to be imposed
upon departure of persons from and their entry into the United
States.
Subsec. (b). Pub. L. 95-426, Sec. 707(b), substituted provisions
prohibiting departure or entry except as otherwise provided by the
President and subject to such limitations and exceptions as he may
authorize or prescribe, for provisions prohibiting such departure
or entry after proclamation of a national emergency has been made,
published and in force.
Subsec. (c). Pub. L. 95-426, Sec. 707(d), redesignated subsec.
(d) as (c). Former subsec. (c), which provided for penalties for
violation of this section, was struck out.
Subsec. (d). Pub. L. 95-426, Sec. 707(d), redesignated subsec.
(e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95-426, Sec. 707(c), (d), redesignated
subsec. (f) as (e) and struck out "proclamation," before "rule" in
two places. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95-426, Sec. 707(d), redesignated
subsec. (g) as (f). Former (f) redesignated (e).
EFFECTIVE DATE OF 1994 AMENDMENT                 
Section 204(b) of Pub. L. 103-416 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
departures and entries (and attempts thereof) occurring on or after
the date of enactment of this Act [Oct. 25, 1994]."
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.
DELEGATION OF AUTHORITY UNDER SECTIONS 1182(F) AND 1185(A)(1) OF
THIS TITLE
Authority of President under subsec. (a)(1) of this section to
maintain custody and conduct screening of any undocumented person
seeking to enter the United States who is encountered in a vessel
interdicted on the high seas through Dec. 31, 2000, delegated to
Attorney General by Memorandum of President of the United States,
Sept. 24, 1999, 64 F.R. 55809, set out as a note under section 1182
of this title.
TRAVEL DOCUMENTS                         
Pub. L. 108-458, title VII, Sec. 7209, Dec. 17, 2004, 118 Stat.
3823, as amended by Pub. L. 109-295, title V, Sec. 546, Oct. 4,
2006, 120 Stat. 1386, provided that:
"(a) Findings. - Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
"(1) Existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification.
"(2) The planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities.
"(3) Additional safeguards are needed to ensure that terrorists
cannot enter the United States.
"(b) Passports. - 
"(1) Development of plan and implementation. - 
"(A) The Secretary of Homeland Security, in consultation with
the Secretary of State, shall develop and implement a plan as
expeditiously as possible to require a passport or other
document, or combination of documents, deemed by the Secretary
of Homeland Security to be sufficient to denote identity and
citizenship, for all travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later
than three months after the Secretary of State and the
Secretary of Homeland Security make the certifications required
in subsection (B), or June 1, 2009, whichever is earlier. The
plan shall seek to expedite the travel of frequent travelers,
including those who reside in border communities, and in doing
so, shall make readily available a registered traveler program
(as described in section 7208(k) [8 U.S.C. 1365b(k)]).
"(B) The Secretary of Homeland Security and the Secretary of
State shall jointly certify to the Committees on Appropriations
of the Senate and the House of Representatives that the
following criteria have been met prior to implementation of
section 7209(b)(1)(A) - 
"(i) the National Institute of Standards and Technology
certifies that the Departments of Homeland Security and State
have selected a card architecture that meets or exceeds
International Organization for Standardization (ISO) security
standards and meets or exceeds best available practices for
protection of personal identification documents: Provided,
That the National Institute of Standards and Technology shall
also assist the Departments of Homeland Security and State to
incorporate into the architecture of the card the best
available practices to prevent the unauthorized use of
information on the card: Provided further, That to facilitate
efficient cross-border travel, the Departments of Homeland
Security and State shall, to the maximum extent possible,
develop an architecture that is compatible with information
technology systems and infrastructure used by United States
Customs and Border Protection;
"(ii) the technology to be used by the United States for
the passport card, and any subsequent change to that
technology, has been shared with the governments of Canada
and Mexico;
"(iii) an agreement has been reached with the United States
Postal Service on the fee to be charged individuals for the
passport card, and a detailed justification has been
submitted to the Committees on Appropriations of the Senate
and the House of Representatives;
"(iv) an alternative procedure has been developed for
groups of children traveling across an international border
under adult supervision with parental consent;
"(v) the necessary technological infrastructure to process
the passport cards has been installed, and all employees at
ports of entry have been properly trained in the use of the
new technology;
"(vi) the passport card has been made available for the
purpose of international travel by United States citizens
through land and sea ports of entry between the United States
and Canada, Mexico, the Caribbean and Bermuda; and
"(vii) a single implementation date for sea and land
borders has been established.
"(2) Requirement to produce documentation. - The plan developed
under paragraph (1) shall require all United States citizens, and
categories of individuals for whom documentation requirements
have previously been waived under section 212(d)(4)(B) of such
Act [8 U.S.C. 1182(d)(4)(B)], to carry and produce the
documentation described in paragraph (1) when traveling from
foreign countries into the United States.
"(c) Technical and Conforming Amendments. - After the complete
implementation of the plan described in subsection (b) - 
"(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section
212(d)(4)(B) of such Act [8 U.S.C. 1182(d)(4)(B)] to waive
documentary requirements for travel into the United States; and
"(2) the President may not exercise discretion under section
215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
requirements for United States citizens departing from or
entering, or attempting to depart from or enter, the United
States except - 
"(A) where the Secretary of Homeland Security determines that
the alternative documentation that is the basis for the waiver
of the documentary requirement is sufficient to denote identity
and citizenship;
"(B) in the case of an unforeseen emergency in individual
cases; or
"(C) in the case of humanitarian or national interest reasons
in individual cases.
"(d) Transit Without Visa Program. - The Secretary of State shall
not use any authorities granted under section 212(d)(4)(C) of such
Act [8 U.S.C. 1182(d)(4)(C)] until the Secretary, in conjunction
with the Secretary of Homeland Security, completely implements a
security plan to fully ensure secure transit passage areas to
prevent aliens proceeding in immediate and continuous transit
through the United States from illegally entering the United
States."
EX. ORD. NO. 12172. DELEGATION OF AUTHORITY OF PRESIDENT TO
SECRETARY OF STATE AND ATTORNEY GENERAL RESPECTING ENTRY OF IRANIAN
ALIENS INTO THE UNITED STATES
Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as amended by
Ex. Ord. No. 12206, Apr. 7, 1980, 45 F.R. 24101, provided:
By virtue of the authority vested in me as President by the
Constitution and laws of the United States, including the
Immigration and Nationality Act, as amended [this chapter], 8 USC
1185 and 3 USC 301, it is hereby ordered as follows:
Section 1-101. Delegation of Authority. The Secretary of State
and the Attorney General are hereby designated and empowered to
exercise in respect of Iranians the authority conferred upon the
President by section 215(a)(1) of the Act of June 27, 1952 (8 USC
1185), to prescribe limitations and exceptions on the rules and
regulations governing the entry of aliens into the United States.
Section 1-102. Effective Date. This order is effective
immediately.
Jimmy Carter.
EX. ORD. NO. 13323. ASSIGNMENT OF FUNCTIONS RELATING TO ARRIVALS IN
AND DEPARTURES FROM THE UNITED STATES
Ex. Ord. No. 13323, Dec. 30, 2003, 69 F.R. 241, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 215
of the Immigration and Nationality Act (INA), as amended (8 U.S.C.
1185), and section 301 of title 3, United States Code, and to
strengthen the national security of the United States through
procedures and systems to manage and control the arrival and
departure of persons from the United States, it is hereby ordered
as follows:
Section 1. Functions of the Secretary of Homeland Security. The
Secretary of Homeland Security is assigned the functions of the
President under section 215(a) of the INA with respect to persons
other than citizens of the United States. In exercising these
functions, the Secretary of Homeland Security shall not issue,
amend, or revoke any rules, regulations, or orders without first
obtaining the concurrence of the Secretary of State.
Sec. 2. Functions of the Secretary of State. The Secretary of
State is assigned the functions of the President under section
215(a) and (b) of the INA with respect to citizens of the United
States, including those functions concerning United States
passports. In addition, the Secretary may amend or revoke part 46
of title 22, Code of Federal Regulations, which concern persons
other than citizens of the United States. In exercising these
functions, the Secretary of State shall not issue, amend, or revoke
any rules, regulations, or orders without first consulting with the
Secretary of Homeland Security.
Sec. 3. Judicial Review. This order is not intended to, and does
not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the United
States, its departments, agencies, entities, officers, employees or
agents, or any other person.
George W. Bush.