Notes on 8 U.S.C. § 1187 : US Code - Notes

Search Notes on 8 U.S.C. § 1187 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 217, as added Pub.
L. 99-603, title III, Sec. 313(a), Nov. 6, 1986, 100 Stat. 3435;
amended Pub. L. 100-525, Sec. 2(p)(1), (2), Oct. 24, 1988, 102
Stat. 2613; Pub. L. 101-649, title II, Sec. 201(a), Nov. 29, 1990,
104 Stat. 5012; Pub. L. 102-232, title III, Secs. 303(a)(1), (2),
307(l)(3), Dec. 12, 1991, 105 Stat. 1746, 1756; Pub. L. 103-415,
Sec. 1(m), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 103-416, title
II, Secs. 210, 211, Oct. 25, 1994, 108 Stat. 4312, 4313; Pub. L.
104-208, div. C, title III, Sec. 308(d)(4)(F), (e)(9), title VI,
Sec. 635(a)-(c)(1), (3), Sept. 30, 1996, 110 Stat. 3009-618, 3009-
620, 3009-702, 3009-703; Pub. L. 105-119, title I, Sec. 125, Nov.
26, 1997, 111 Stat. 2471; Pub. L. 105-173, Secs. 1, 3, Apr. 27,
1998, 112 Stat. 56; Pub. L. 106-396, title I, Sec. 101(a), title
II, Secs. 201-207, title IV, Sec. 403(a)-(d), Oct. 30, 2000, 114
Stat. 1637-1644, 1647, 1648; Pub. L. 107-56, title IV, Sec. 417(c),
(d), Oct. 26, 2001, 115 Stat. 355; Pub. L. 107-173, title III, Sec.
307(a), May 14, 2002, 116 Stat. 556.)
AMENDMENTS                            
2002 - Subsec. (c)(2)(D). Pub. L. 107-173, Sec. 307(a)(1), added
subpar. (D).
Subsec. (c)(5)(A)(i). Pub. L. 107-173, Sec. 307(a)(2),
substituted "2 years" for "5 years" in introductory provisions.
Subsec. (f)(5). Pub. L. 107-173, Sec. 307(a)(3), added par. (5).
2001 - Subsec. (a)(3). Pub. L. 107-56, Sec. 417(d), which
directed the substitution of "(A) In general. - Except as provided
in subparagraph (B), on or after" for "On or after" and the
addition of subpar. (B), was executed making the substitution for
"On and after" and adding subpar. (B) to reflect the probable
intent of Congress.
Pub. L. 107-56, Sec. 417(c), substituted "2003," for "2007,".
2000 - Pub. L. 106-396, Sec. 101(a)(1), in section catchline
struck out "pilot" before "program".
Subsec. (a). Pub. L. 106-396, Secs. 101(a)(2)(A), (B), 403(c),
struck out "pilot" before "program" in heading and two places in
introductory provisions and inserted concluding provisions.
Subsec. (a)(1). Pub. L. 106-396, Sec. 101(a)(2)(C), substituted
"program" for "pilot program period (as defined in subsection (e)
of this section)".
Subsec. (a)(2). Pub. L. 106-396, Sec. 101(a)(2)(D), in heading
struck out "pilot" before "program".
Subsec. (a)(2)(A). Pub. L. 106-396, Sec. 201, inserted ", either
on its own or in conjunction with one or more other countries that
are described in subparagraph (B) and that have established with it
a common area for immigration admissions," after "to extend)".
Subsec. (a)(3), (4). Pub. L. 106-396, Sec. 202(a), added par. (3)
and redesignated former par. (3) as (4). Former par. (4)
redesignated (5).
Subsec. (a)(5). Pub. L. 106-396, Sec. 403(a), substituted ",
including any carrier conducting operations under part 135 of title
14, Code of Federal Regulations, or a noncommercial aircraft that
is owned or operated by a domestic corporation conducting
operations under part 91 of title 14, Code of Federal Regulations
which has entered into an agreement with the Attorney General
pursuant to subsection (e) of this section. The Attorney General is
authorized to require a carrier conducting operations under part
135 of title 14, Code of Federal Regulations, or a domestic
corporation conducting operations under part 91 of that title, to
give suitable and proper bond, in such reasonable amount and
containing such conditions as the Attorney General may deem
sufficient to ensure compliance with the indemnification
requirements of this section, as a term of such an agreement" for
"which has entered into an agreement with the Service to guarantee
transport of the alien out of the United States if the alien is
found inadmissible or deportable by an immigration officer".
Pub. L. 106-396, Sec. 202(a)(1), redesignated par. (4) as (5).
Former par. (5) redesignated (6).
Subsec. (a)(6), (7). Pub. L. 106-396, Sec. 202(a)(1), designated
pars. (5) and (6) as (6) and (7), respectively. Former par. (7)
redesignated (8).
Subsec. (a)(8). Pub. L. 106-396, Sec. 403(b), inserted "or the
alien is arriving at the port of entry on an aircraft operated
under part 135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a domestic
corporation conducting operations under part 91 of title 14, Code
of Federal Regulations" after "regulations".
Pub. L. 106-396, Sec. 202(a)(1), designated par. (7) as (8).
Subsec. (a)(9). Pub. L. 106-396, Sec. 203(a), added par. (9).
Subsec. (b). Pub. L. 106-396, Sec. 101(a)(3), struck out "pilot"
before "program" in introductory provisions.
Subsec. (c). Pub. L. 106-396, Sec. 101(a)(4)(A), in heading
struck out "pilot" before "program".
Subsec. (c)(1). Pub. L. 106-396, Sec. 101(a)(4)(B), struck out
"pilot" before "program".
Subsec. (c)(2). Pub. L. 106-396, Sec. 101(a)(4)(C), in
introductory provisions, substituted "subsection (f)" for
"subsection (g)" and struck out "pilot" before "program".
Subsec. (c)(2)(B). Pub. L. 106-396, Sec. 202(b), amended heading
and text of subpar. (B) generally. Prior to amendment, text read as
follows: "The government of the country certifies that it has or is
in the process of developing a program to issue machine-readable
passports to its citizens."
Subsec. (c)(2)(C). Pub. L. 106-396, Sec. 204(a), amended heading
and text of subpar. (C) generally. Prior to amendment, text read as
follows: "The Attorney General determines that the United States
law enforcement interests would not be compromised by the
designation of the country."
Subsec. (c)(3). Pub. L. 106-396, Sec. 101(a)(4)(D)(i), struck out
"(within the pilot program period)" after "fiscal year" in
introductory provisions.
Subsec. (c)(3)(A). Pub. L. 106-396, Sec. 101(a)(4)(D)(ii), struck
out "pilot" before "program" in two places in introductory
provisions.
Subsec. (c)(3)(B). Pub. L. 106-396, Sec. 101(a)(4)(D)(iii),
struck out "pilot" before "program" in introductory provisions.
Subsec. (c)(5). Pub. L. 106-396, Sec. 204(b), added par. (5).
Subsec. (c)(6). Pub. L. 106-396, Sec. 206, added par. (6).
Subsec. (c)(7). Pub. L. 106-396, Sec. 207, added par. (7).
Subsec. (e)(1). Pub. L. 106-396, Secs. 101(a)(5)(A),
403(d)(1)(A), in introductory provisions, substituted "carrier
(including any carrier conducting operations under part 135 of
title 14, Code of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that title" for "carrier" in
two places and struck out "pilot" before "program".
Subsec. (e)(1)(B). Pub. L. 106-396, Sec. 101(a)(5)(B), struck out
"pilot" before "program".
Subsec. (e)(1)(D). Pub. L. 106-396, Sec. 205(b), added subpar.
(D).
Subsec. (e)(2). Pub. L. 106-396, Sec. 403(d)(1), substituted
"carrier (including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that title" for
"carrier" and "failure by a carrier (including any carrier
conducting operations under part 135 of title 14, Code of Federal
Regulations) or a domestic corporation conducting operations under
part 91 of that title" for "carrier's failure".
Subsec. (e)(3). Pub. L. 106-396, Sec. 403(d)(2), added par. (3).
Subsec. (f). Pub. L. 106-396, Sec. 101(a)(6), redesignated
subsec. (g) as (f) and struck out heading and text of former
subsec. (f). Text read as follows: "For purposes of this section,
the term 'pilot program period' means the period beginning on
October 1, 1988, and ending on April 30, 2000."
Subsec. (f)(1)(A), (C). Pub. L. 106-396, Sec. 101(a)(7)(A), (B),
struck out "pilot" before "program".
Subsec. (f)(2) to (4). Pub. L. 106-396, Sec. 101(a)(7)(C)-(E),
substituted "as a program country" for "as a pilot program country"
in two places in par. (2)(A) and struck out "pilot" before
"program" in pars. (3) and (4)(A).
Subsec. (g). Pub. L. 106-396, Sec. 203(b), added subsec. (g).
Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 106-396, Sec. 205(a), added subsec. (h).
1998 - Subsec. (c)(2). Pub. L. 105-173, Sec. 3, reenacted heading
without change and amended text generally. Prior to amendment, text
consisted of introductory provisions and subpars. (A) to (D)
relating to low nonimmigrant visa refusal rate for previous 2-year
period, low nonimmigrant visa refusal rate for each of 2 previous
years, machine readable passport program, and law enforcement
interests.
Subsec. (f). Pub. L. 105-173, Sec. 1, substituted "2000" for
"1998".
1997 - Subsec. (f). Pub. L. 105-119 reenacted subsec. heading
without change and amended text generally, substituting "April 30,
1998" for "September 30, 1997".
1996 - Subsec. (a). Pub. L. 104-208, Sec. 635(a)(1), in
introductory provisions, substituted "Attorney General, in
consultation with the Secretary of State" for "Attorney General and
the Secretary of State, acting jointly".
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 635(c)(3), struck out
"or is designated as a pilot program country with probationary
status under subsection (g) of this section" after "subsection (c)
of this section".
Subsec. (b)(2). Pub. L. 104-208, Sec. 308(e)(9), substituted
"removal of" for "deportation against".
Subsec. (c)(1). Pub. L. 104-208, Sec. 635(a)(2), substituted
"Attorney General, in consultation with the Secretary of State,"
for "Attorney General and the Secretary of State acting jointly".
Subsec. (c)(3)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F),
substituted "denied admission at the time of arrival" for "excluded
from admission".
Subsec. (d). Pub. L. 104-208, Sec. 635(a)(3), substituted
"Attorney General, in consultation with the Secretary of State" for
"Attorney General and the Secretary of State, acting jointly".
Subsec. (f). Pub. L. 104-208, Sec. 635(b), substituted "1997."
for "1996".
Subsec. (g). Pub. L. 104-208, Sec. 635(c)(1), amended heading and
text of subsec. (g) generally. Prior to amendment, text provided
authority for Attorney General and Secretary of State to designate
countries as pilot program countries with probationary status.
Subsec. (g)(4)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F),
substituted "denied admission at the time of arrival" for "excluded
from admission".
1994 - Subsec. (a)(2)(B). Pub. L. 103-416, Sec. 211(1), inserted
before period at end "or is designated as a pilot program country
with probationary status under subsection (g) of this section".
Subsec. (c)(2). Pub. L. 103-416, Sec. 211(3), substituted "Except
as provided in subsection (g)(4) of this section, a country" for "A
country".
Subsec. (f). Pub. L. 103-416, Sec. 210, substituted "1996" for
"1995.".
Pub. L. 103-415 substituted "1995" for "1994".
Subsec. (g). Pub. L. 103-416, Sec. 211(2), added subsec. (g).
1991 - Subsec. (a). Pub. L. 102-232, Sec. 307(l)(3), substituted
"paragraph (7)(B)(i)(II)" for "paragraph (26)(B)".
Subsec. (a)(4). Pub. L. 102-232, Sec. 303(a)(1)(A), in heading
substituted "into the United States" for "by sea or air".
Subsec. (b). Pub. L. 102-232, Sec. 303(a)(1)(B), made technical
amendment to heading.
Subsec. (e)(1). Pub. L. 102-232, Sec. 303(a)(2), substituted
"subsection (a)(4)" for "subsection (a)(4)(C)".
1990 - Subsec. (a)(2). Pub. L. 101-649, Sec. 201(a)(1), inserted
", and presents a passport issued by," after "is a national of".
Subsec. (a)(3). Pub. L. 101-649, Sec. 201(a)(2), in heading
substituted reference to immigration forms for reference to entry
control and waiver forms, and in text substituted "completes such
immigration form as the Attorney General shall establish" for " - 
"(A) completes such immigration form as the Attorney General
shall establish under subsection (b)(3) of this section, and
"(B) executes a waiver of review and appeal described in
subsection (b)(4) of this section".
Subsec. (a)(4). Pub. L. 101-649, Sec. 201(a)(3), added par. (4)
and struck out former par. (4) which waived visa requirement for
certain aliens having round-trip transportation tickets.
Subsec. (a)(7). Pub. L. 101-649, Sec. 201(a)(4), added par. (7).
Subsec. (b). Pub. L. 101-649, Sec. 201(a)(5), redesignated
subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1)
and (2), respectively, and struck out subsec. (b) heading
"Conditions before pilot program can be put into operation" and
pars. (1) to (3) which related to prior notice to Congress,
automated data arrival and departure system, and visa waiver
information form, respectively.
Subsec. (c)(1). Pub. L. 101-649, Sec. 201(a)(6)(A), substituted
in heading, "In general" for "Up to 8 countries" and in text
substituted "any country as a pilot program country if it meets the
requirements of paragraph (2)" for "up to eight countries as pilot
program countries for purposes of the pilot program".
Subsec. (c)(2). Pub. L. 101-649, Sec. 201(a)(6)(B), substituted
"Qualifications" for "Initial qualifications" in heading and "A
country" for "For the initial period described in paragraph (4), a
country" in introductory provisions, and added subpars. (C) and
(D).
Subsec. (d). Pub. L. 101-649, Sec. 201(a)(7), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 101-649, Sec. 201(a)(7), (8), redesignated
subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-649, Sec. 201(a)(7), (9), redesignated
subsec. (e) as (f) and substituted "on October 1, 1988, and ending
on September 30, 1994" for "at the end of the 30-day period
referred to in subsection (b)(1) of this section and ending on the
last day of the third fiscal year which begins after such 30-day
period".
1988 - Pub. L. 100-525, Sec. 2(p)(1), made technical amendment to
directory language of Pub. L. 99-603, Sec. 313(a), which enacted
this section.
Subsec. (a). Pub. L. 100-525, Sec. 2(p)(2), substituted
"hereinafter" for "hereafter".
EFFECTIVE DATE OF 1996 AMENDMENT                 
Amendment by section 308(d)(4)(F), (e)(9) 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 1991 AMENDMENT                 
Amendment by section 303(a)(1), (2) 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.
Section 307(l) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 603(a)
of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT                 
Section 201(d) of Pub. L. 101-649 provided that: "The amendments
made by this section [amending this section and section 1323 of
this title] shall take effect as of the date of the enactment of
this Act [Nov. 29, 1990]."
EFFECTIVE DATE OF 1988 AMENDMENT                 
Amendment by 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.
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.
MACHINE READABLE PASSPORTS                    
Pub. L. 107-56, title IV, Sec. 417(a), (b), Oct. 26, 2001, 115
Stat. 355, provided that:
"(a) Audits. - The Secretary of State shall, each fiscal year
until September 30, 2007 - 
"(1) perform annual audits of the implementation of section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B));
"(2) check for the implementation of precautionary measures to
prevent the counterfeiting and theft of passports; and
"(3) ascertain that countries designated under the visa waiver
program have established a program to develop tamper-resistant
passports.
"(b) Periodic Reports. - Beginning one year after the date of
enactment of this Act [Oct. 26, 2001], and every year thereafter
until 2007, the Secretary of State shall submit a report to
Congress setting forth the findings of the most recent audit
conducted under subsection (a)(1)."
REPORT REQUIRED                          
Pub. L. 106-396, title IV, Sec. 403(e), Oct. 30, 2000, 114 Stat.
1649, provided that: "Not later than two years after the date of
the enactment of this Act [Oct. 30, 2000], the Attorney General
shall submit a report to the Committees on the Judiciary of the
House of Representatives and the Senate assessing the effectiveness
of the program implemented under the amendments made by this
section [amending this section] for simplifying the admission of
business travelers from visa waiver program countries and
compliance with the Immigration and Nationality Act [8 U.S.C. 1101
et seq.] by such travelers under that program."
TRANSITION PROVISIONS                       
Section 635(c)(2) of div. C of Pub. L. 104-208 provided that: "A
country designated as a pilot program country with probationary
status under section 217(g) of the Immigration and Nationality Act
[8 U.S.C. 1187(g)] (as in effect on the day before the date of the
enactment of this Act [Sept. 30, 1996]) shall be considered to be
designated as a pilot program country on and after such date,
subject to placement in probationary status or termination of such
designation under such section (as amended by paragraph (1))."
OPERATION OF AUTOMATED DATA ARRIVAL AND DEPARTURE CONTROL SYSTEM;
REPORT TO CONGRESS
Section 201(c) of Pub. L. 101-649 provided that: "By not later
than January 1, 1992, the Attorney General, in consultation with
the Secretary of State, shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report on the operation of the automated data arrival and departure
control system for foreign visitors and on admission refusals and
overstays for such visitors who have entered under the visa waiver
program."
REPORT ON VISA WAIVER PILOT PROGRAM                
Section 405 of Pub. L. 99-603 provided that:
"(a) Monitoring and Report on the Pilot Program. - The Attorney
General and the Secretary of State shall jointly monitor the pilot
program established under section 217 of the Immigration and
Nationality Act [8 U.S.C. 1187] and shall report to the Congress
not later than two years after the beginning of the program.
"(b) Details in Report. - The report shall include - 
"(1) an evaluation of the program, including its impact - 
"(A) on the control of alien visitors to the United States,
"(B) on consular operations in the countries designated under
the program, as well as on consular operations in other
countries in which additional consular personnel have been
relocated as a result of the implementation of the program, and
"(C) on the United States tourism industry; and
"(2) recommendations - 
"(A) on extending the pilot program period, and
"(B) on increasing the number of countries that may be
designated under the program."
(!1) So in original. Probably should be followed by a comma.
(!2) So in original. Probably should be followed by a comma.
(!3) So in original. Probably should be "subsection".