Notes on 8 U.S.C. § 1225 : US Code - Notes

Search Notes on 8 U.S.C. § 1225 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 235, 66 Stat. 198;
Pub. L. 101-649, title VI, Sec. 603(a)(11), Nov. 29, 1990, 104
Stat. 5083; Pub. L. 104-132, title IV, Secs. 422(a), 423(b), Apr.
24, 1996, 110 Stat. 1270, 1272; Pub. L. 104-208, div. C, title III,
Secs. 302(a), 308(d)(5), 371(b)(4), Sept. 30, 1996, 110 Stat. 3009-
579, 3009-619, 3009-645.)
AMENDMENTS                            
1996 - Pub. L. 104-208, Sec. 302(a), amended section generally,
revising and restating former subsecs. (a) to (d) relating to
inspection of aliens arriving in the United States, powers of
immigration officers, detention of aliens for further inquiry,
temporary and permanent exclusion of aliens, and collateral attacks
on orders of exclusion and deportation.
Pub. L. 104-208, Sec. 371(b)(4), substituted "an immigration
judge" for "a special inquiry officer", "immigration judge" for
"special inquiry officer", and "immigration judges" for "special
inquiry officers", wherever appearing in subsecs. (a) to (c).
Subsec. (b). Pub. L. 104-132, Sec. 422(a), which directed the
general amendment of subsec. (b) by substituting pars. (1) to (3)
relating to asylum interviews and hearings, detention for further
inquiry, and challenges of favorable decisions, for former subsec.
(b) consisting of single par., was repealed by Pub. L. 104-208,
Sec. 308(d)(5). See Construction of 1996 Amendment note below.
Subsec. (d). Pub. L. 104-132, Sec. 423(b), added subsec. (d)
which read as follows: "In any action brought for the assessment of
penalties for improper entry or re-entry of an alien under section
1325 or section 1326 of this title, no court shall have
jurisdiction to hear claims collaterally attacking the validity of
orders of exclusion, special exclusion, or deportation entered
under this section or sections 1226 and 1252 of this title."
1990 - Subsec. (c). Pub. L. 101-649 substituted "subparagraph (A)
(other than clause (ii)), (B), or (C) of section 1182(a)(3) of this
title" for "paragraph (27), (28), or (29) of section 1182(a) of
this title".
EFFECTIVE DATE OF 1996 AMENDMENTS                 
Amendment by section 302(a) 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.
Section 308(d)(5) of div. C of Pub. L. 104-208 provided that the
amendment made by that section is effective as of Apr. 24, 1996.
See Construction of 1996 Amendment note below.
Amendment by section 371(b)(4) of Pub. L. 104-208 effective Sept.
30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
note under section 1101 of this title.
Section 422(c) of Pub. L. 104-132, which provided that the
amendments made by section 422 of Pub. L. 104-132 [amending this
section and former section 1227 of this title] were to take effect
on the first day of the first month that began more than 180 days
after Apr. 24, 1996, was repealed by Pub. L. 104-208, div. C, title
III, Sec. 308(d)(5), Sept. 30, 1996, 110 Stat. 3009-619. See
Construction of 1996 Amendment note below.
EFFECTIVE DATE OF 1990 AMENDMENT                 
Amendment by Pub. L. 101-649 applicable to individuals entering
United States on or after June 1, 1991, see section 601(e)(1) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
CONSTRUCTION OF 1996 AMENDMENT                  
Section 308(d)(5) of div. C of Pub. L. 104-208 provided that:
"Effective as of the date of the enactment of the Antiterrorism and
Effective Death Penalty Act of 1996 [Pub. L. 104-132, approved Apr.
24, 1996], section 422 of such Act [amending this section and
section 1227 of this title, and enacting provisions set out as a
note above] is repealed and the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] shall be applied as if such section had not
been enacted."
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.
GAO STUDY ON OPERATION OF EXPEDITED REMOVAL PROCEDURES      
Section 302(b) of div. C of Pub. L. 104-208 provided that:
"(1) Study. - The Comptroller General shall conduct a study on
the implementation of the expedited removal procedures under
section 235(b)(1) of the Immigration and Nationality Act [8 U.S.C.
1225(b)(1)], as amended by subsection (a). The study shall examine -

"(A) the effectiveness of such procedures in deterring illegal
entry,
"(B) the detention and adjudication resources saved as a result
of the procedures,
"(C) the administrative and other costs expended to comply with
the provision,
"(D) the effectiveness of such procedures in processing asylum
claims by undocumented aliens who assert a fear of persecution,
including the accuracy of credible fear determinations, and
"(E) the cooperation of other countries and air carriers in
accepting and returning aliens removed under such procedures.
"(2) Report. - By not later than 18 months after the date of the
enactment of this Act [Sept. 30, 1996], the Comptroller General
shall submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report on the study conducted
under paragraph (1)."
REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
AND DEPORTATION
For purposes of this chapter, any reference in law to an order of
removal is deemed to include a reference to an order of exclusion
and deportation or an order of deportation, see section 309(d)(2)
of Pub. L. 104-208, set out in an Effective Date of 1996 Amendments
note under section 1101 of this title.