Notes on 8 U.S.C. § 1227 : US Code - Notes
Search Notes on 8 U.S.C. § 1227 : US Code - Notes
(June 27, 1952, ch. 477, title II, ch. 4, Sec. 237, formerly ch. 5,
Sec. 241, 66 Stat. 204; July 18, 1956, ch. 629, title III, Sec.
301(b), (c), 70 Stat. 575; Pub. L. 86-648, Sec. 9, July 14, 1960,
74 Stat. 505; Pub. L. 87-301, Sec. 16, Sept. 26, 1961, 75 Stat.
655; Pub. L. 89-236, Sec. 11(e), Oct. 3, 1965, 79 Stat. 918; Pub.
L. 94-571, Sec. 7(e), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 95-549,
title I, Sec. 103, Oct. 30, 1978, 92 Stat. 2065; Pub. L. 97-116,
Sec. 8, Dec. 29, 1981, 95 Stat. 1616; Pub. L. 99-570, title I, Sec.
1751(b), Oct. 27, 1986, 100 Stat. 3207-47; Pub. L. 99-603, title
III, Sec. 303(b), Nov. 6, 1986, 100 Stat. 3431; Pub. L. 99-639,
Sec. 2(b), Nov. 10, 1986, 100 Stat. 3541; Pub. L. 99-653, Sec.
7(c), Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525, Secs.
2(n)(2), 9(m), Oct. 24, 1988, 102 Stat. 2613, 2620; Pub. L. 100-
690, title VII, Secs. 7344(a), 7348(a), Nov. 18, 1988, 102 Stat.
4470, 4473; Pub. L. 101-649, title I, Sec. 153(b), title V, Secs.
505(a), 508(a), 544(b), title VI, Sec. 602(a), (b), Nov. 29, 1990,
104 Stat. 5006, 5050, 5051, 5061, 5077, 5081; Pub. L. 102-232,
title III, Secs. 302(d)(3), 307(h), (k), Dec. 12, 1991, 105 Stat.
1745, 1755, 1756; Pub. L. 103-322, title XIII, Sec. 130003(d),
Sept. 13, 1994, 108 Stat. 2026; Pub. L. 103-416, title II, Secs.
203(b), 219(g), Oct. 25, 1994, 108 Stat. 4311, 4317; Pub. L. 104-
132, title IV, Secs. 414(a), 435(a), Apr. 24, 1996, 110 Stat.
1270, 1274; renumbered ch. 4, Sec. 237, and amended Pub. L. 104-
208, div. C, title I, Sec. 108(c), title III, Secs. 301(d),
305(a)(2), 308(d)(2), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)-(N),
(5), 344(b), 345(b), 347(b), 350(a), 351(b), title VI, Sec.
671(a)(4)(B), (d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-558, 3009-
579, 3009-598, 3009-617, 3009-619 to 3009-622, 3009-637 to 3009-
640, 3009-721, 3009-723; Pub. L. 106-386, div. B, title V, Sec.
1505(b)(1), (c)(2), Oct. 28, 2000, 114 Stat. 1525, 1526; Pub. L.
106-395, title II, Sec. 201(c)(1), (2), Oct. 30, 2000, 114 Stat.
1634, 1635; Pub. L. 107-56, title IV, Sec. 411(b)(1), Oct. 26,
2001, 115 Stat. 348; Pub. L. 108-458, title V, Secs. 5304(b), 5402,
5501(b), 5502(b), Dec. 17, 2004, 118 Stat. 3736, 3737, 3740, 3741;
Pub. L. 109-13, div. B, title I, Sec. 105(a)(1), (b), May 11, 2005,
119 Stat. 309, 310; Pub. L. 109-248, title IV, Sec. 401, July 27,
2006, 120 Stat. 622; Pub. L. 109-271, Sec. 6(c), Aug. 12, 2006, 120
Stat. 763.)
REFERENCES IN TEXT
Section 301 of the Immigration Act of 1990, referred to in
subsec. (a)(1)(E)(ii), is section 301 of Pub. L. 101-649, which is
set out as a note under section 1255a of this title.
Section 112 of the Immigration Act of 1990, referred to in
subsec. (a)(1)(E)(ii), is section 112 of Pub. L. 101-649, which is
set out as a note under section 1153 of this title.
The Military Selective Service Act, referred to in subsec.
(a)(2)(D)(iii), is act June 24, 1948, ch. 625, 62 Stat. 604, as
amended, which is classified principally to section 451 et seq. of
Title 50, Appendix, War and National Defense. For complete
classification of this Act to the Code, see References in Text note
set out under section 451 of Title 50, Appendix, and Tables.
The Trading With the Enemy Act, referred to in subsec.
(a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as
amended, which is classified to sections 1 to 6, 7 to 39 and 41 to
44 of Title 50, Appendix. For complete classification of this Act
to the Code, see Tables.
The Alien Registration Act, 1940, referred to in subsec.
(a)(3)(B)(i), is act June 28, 1940, ch. 439, 54 Stat. 670, as
amended. Section 36(a) of that act was classified to section 457(c)
of this title and was repealed by section 403(a)(39) of act June
27, 1952.
The Foreign Agents Registration Act of 1938, referred to in
subsec. (a)(3)(B)(ii), is act June 8, 1938, ch. 327, 52 Stat. 631,
as amended, which is classified generally to subchapter II (Sec.
611 et seq.) of chapter 11 of Title 22, Foreign Relations and
Intercourse. For complete classification of this Act to the Code,
see Short Title note set out under section 611 of Title 22 and
Tables.
CODIFICATION
Section was formerly classified to section 1251 of this title
prior to renumbering by Pub. L. 104-208.
PRIOR PROVISIONS
A prior section 1227, acts June 27, 1952, ch. 477, title II, ch.
4, Sec. 237, 66 Stat. 201; Dec. 29, 1981, Pub. L. 97-116, Sec. 7,
95 Stat. 1615; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(b) [title
II, Sec. 206(b)(2)], as added Oct. 24, 1988, Pub. L. 100-525, Sec.
4(b)(4), 102 Stat. 2615; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(l),
102 Stat. 2620; Nov. 29, 1990, Pub. L. 101-649, title V, Sec.
543(a)(2), 104 Stat. 5057; Dec. 12, 1991, Pub. L. 102-232, title
III, Sec. 306(c)(4)(B), 105 Stat. 1752; Apr. 24, 1996, Pub. L. 104-
132, title IV, Sec. 422(b), 110 Stat. 1272; Sept. 30, 1996, Pub.
L. 104-208, div. C, title III, Sec. 308(d)(5), 110 Stat. 3009-619,
related to immediate deportation of aliens excluded from admission
or entering in violation of law, prior to repeal by Pub. L. 104-
208, div. C, title III, Secs. 305(a)(1), 309, Sept. 30, 1996, 110
Stat. 3009-597, 3009-625, effective, with certain transitional
provisions, on the first day of the first month beginning more than
180 days after Sept. 30, 1996. See section 1231 of this title.
AMENDMENTS
2006 - Subsec. (a)(1)(H)(ii). Pub. L. 109-271 amended cl. (ii)
generally. Prior to amendment, cl. (ii) read as follows: "is an
alien who qualifies for classification under clause (iii) or (iv)
of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of
section 1154(a)(1)(B) of this title."
Subsec. (a)(2)(A)(v), (vi). Pub. L. 109-248 added cl. (v) and
redesignated former cl. (v) as (vi).
2005 - Subsec. (a)(4)(B). Pub. L. 109-13, Sec. 105(a)(1),
reenacted heading without change and amended text generally. Prior
to amendment, text read as follows: "Any alien who has engaged, is
engaged, or at any time after admission engages in any terrorist
activity (as defined in section 1182(a)(3)(B)(iv) of this title) is
deportable."
Subsec. (a)(4)(E). Pub. L. 109-13, Sec. 105(b), repealed Pub. L.
108-458, Sec. 5402. See 2004 Amendment note below.
2004 - Subsec. (a)(1)(B). Pub. L. 108-458, Sec. 5304(b),
substituted "United States, or whose nonimmigrant visa (or other
documentation authorizing admission into the United States as a
nonimmigrant) has been revoked under section 1201(i) of this title,
is" for "United States is".
Subsec. (a)(4)(D). Pub. L. 108-458, Sec. 5501(b), substituted
"Participated in Nazi persecution, genocide, or the commission of
any act of torture or extrajudicial killing" for "Assisted in Nazi
persecution or engaged in genocide" in heading and "clause (i),
(ii), or (iii)" for "clause (i) or (ii)" in text.
Subsec. (a)(4)(E). Pub. L. 108-458, Sec. 5502(b), added subpar.
(E) relating to participation in the commission of severe
violations of religious freedom.
Pub. L. 108-458, Sec. 5402, which added subpar. (E) relating to
recipient of military-type training, was repealed by Pub. L. 109-
13, Sec. 105(b). See Effective Date of 2005 Amendment note below.
2001 - Subsec. (a)(4)(B). Pub. L. 107-56 substituted "section
1182(a)(3)(B)(iv) of this title" for "section 1182(a)(3)(B)(iii) of
this title".
2000 - Subsec. (a)(1)(H). Pub. L. 106-386, Sec. 1505(c)(2),
redesignated cls. (i) and (ii) as subcls. (I) and (II),
respectively, of cl. (i), and added cl. (ii).
Subsec. (a)(3)(D). Pub. L. 106-395, Sec. 201(c)(2), amended
heading and text of subpar. (D) generally. Prior to amendment, text
read as follows: "Any alien who falsely represents, or has falsely
represented, himself to be a citizen of the United States for any
purpose or benefit under this chapter (including section 1324a of
this title) or any Federal or State law is deportable."
Subsec. (a)(6). Pub. L. 106-395, Sec. 201(c)(1), amended heading
and text of par. (6) generally. Prior to amendment, text read as
follows: "Any alien who has voted in violation of any Federal,
State, or local constitutional provision, statute, ordinance, or
regulation is deportable."
Subsec. (a)(7). Pub. L. 106-386, Sec. 1505(b)(1), added par. (7).
1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(e)(2)(C),
substituted "removed" for "deported" in introductory provisions.
Pub. L. 104-208, Sec. 301(d)(1), substituted "in and admitted to
the United States" for "in the United States" in introductory
provisions.
Subsec. (a)(1). Pub. L. 104-208, Sec. 301(d)(2), substituted
"Inadmissible" for "Excludable" in par. heading.
Subsec. (a)(1)(A). Pub. L. 104-208, Secs. 301(d)(3),
308(d)(3)(A), amended subpar. (A) identically, substituting
"inadmissible" for "excludable".
Pub. L. 104-208, Sec. 301(d)(2), substituted "Inadmissible" for
"Excludable" in subpar. heading.
Subsec. (a)(1)(B). Pub. L. 104-208, Sec. 301(d)(4), amended
heading and text of subpar. (B) generally. Prior to amendment, text
read as follows: "Any alien who entered the United States without
inspection or at any time or place other than as designated by the
Attorney General or is in the United States in violation of this
chapter or any other law of the United States is deportable."
Subsec. (a)(1)(E)(iii). Pub. L. 104-208, Sec. 351(b), inserted
"an individual who at the time of the offense was" after "aided
only".
Subsec. (a)(1)(F). Pub. L. 104-208, Sec. 671(d)(1)(C), struck out
heading and text of subpar. (F). Text read as follows: "Any alien
who obtains the status of an alien lawfully admitted for temporary
residence under section 1161 of this title who fails to meet the
requirement of section 1161(d)(5)(A) of this title by the end of
the applicable period is deportable."
Subsec. (a)(1)(G). Pub. L. 104-208, Sec. 308(f)(1)(L),
substituted "admission" for "entry" wherever appearing.
Subsec. (a)(1)(H). Pub. L. 104-208, Sec. 308(f)(5), which
directed amendment of subsec. (a)(1)(H)(ii) by striking "at entry",
was executed by striking "at entry" after "grounds of
inadmissibility" in concluding provisions of subpar. (H) to reflect
the probable intent of Congress.
Pub. L. 104-208, Sec. 308(f)(1)(M), substituted "admission as
aliens" for "entry as aliens" in introductory provisions and "such
admission" for "such entry" in cl. (ii).
Pub. L. 104-208, Sec. 308(e)(1)(E), substituted "removal" for
"deportation" wherever appearing.
Pub. L. 104-208, Sec. 308(d)(2)(A), (3)(A), amended subpar. (H)
identically, substituting "inadmissible" for "excludable" in
introductory provisions.
Subsec. (a)(2)(A)(i)(I). Pub. L. 104-208, Sec. 671(a)(4)(B),
substituted "1255(j)" for "1255(i)".
Pub. L. 104-208, Sec. 308(f)(1)(N), substituted "admission" for
"entry".
Subsec. (a)(2)(A)(i)(II). Pub. L. 104-132, Sec. 435(a), amended
subcl. (II) generally. Prior to amendment, subcl. (II) read as
follows: "either is sentenced to confinement or is confined
therefor in a prison or correctional institution for one year or
longer,".
Subsec. (a)(2)(A)(ii), (iii). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted "admission" for "entry".
Subsec. (a)(2)(A)(iv). Pub. L. 104-208, Sec. 108(c)(2), added cl.
(iv). Former cl. (iv) redesignated (v).
Subsec. (a)(2)(A)(v). Pub. L. 104-208, Sec. 108(c)(3),
substituted "(iii), and (iv)" for "and (iii)".
Pub. L. 104-208, Sec. 108(c)(1), redesignated cl. (iv) as (v).
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted "admission" for "entry" in cls. (i) and (ii).
Subsec. (a)(2)(C). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted "admission" for "entry".
Subsec. (a)(2)(E). Pub. L. 104-208, Sec. 350(a), added subpar.
(E).
Subsec. (a)(2)(E)(i), (ii). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted "admission" for "entry".
Subsec. (a)(3)(C). Pub. L. 104-208, Sec. 345(b), amended heading
and text of subpar. (C) generally. Prior to amendment, text read as
follows: "Any alien who is the subject of a final order for
violation of section 1324c of this title is deportable."
Subsec. (a)(3)(D). Pub. L. 104-208, Sec. 344(b), added subpar.
(D).
Subsec. (a)(4)(A), (B). Pub. L. 104-208, Sec. 308(f)(1)(N),
substituted "admission" for "entry".
Subsec. (a)(4)(C)(ii). Pub. L. 104-208, Sec. 308(d)(2)(B),
substituted "inadmissibility" for "excludability".
Subsec. (a)(6). Pub. L. 104-208, Sec. 347(b), added par. (6).
Subsec. (c). Pub. L. 104-208, Sec. 308(d)(2)(C), substituted
"inadmissibility" for "exclusion".
Subsec. (d). Pub. L. 104-208, Sec. 308(d)(2)(D), struck out
subsec. (d) which read as follows: "Notwithstanding any other
provision of this subchapter, an alien found in the United States
who has not been admitted to the United States after inspection in
accordance with section 1225 of this title is deemed for purposes
of this chapter to be seeking entry and admission to the United
States and shall be subject to examination and exclusion by the
Attorney General under part IV of this subchapter. In the case of
such an alien the Attorney General shall provide by regulation an
opportunity for the alien to establish that the alien was so
admitted."
Pub. L. 104-132, Sec. 414(a), added subsec. (d).
1994 - Subsec. (a)(2)(A)(i)(I). Pub. L. 103-322 inserted "(or 10
years in the case of an alien provided lawful permanent resident
status under section 1255(i) of this title)" after "five years".
Subsec. (a)(2)(C). Pub. L. 103-416, Sec. 203(b)(1), substituted
", or of attempting or conspiring to purchase, sell, offer for
sale, exchange, use, own, possess, or carry," for "in violation of
any law," and inserted "in violation of any law" after "title 18)".
Subsec. (a)(3)(B)(ii), (iii). Pub. L. 103-416, Sec. 203(b)(2),
inserted "an attempt or" before "a conspiracy".
Subsec. (c). Pub. L. 103-416, Sec. 219(g), substituted "and
(3)(A) of subsection (a)" for "or (3)(A) of subsection (a)".
1991 - Subsec. (a). Pub. L. 102-232, Sec. 307(h)(1), substituted
"if the alien is within one or more of the following classes of
deportable aliens" for "if the alien is deportable as being within
one or more of the following classes of aliens".
Subsec. (a)(1)(D)(i). Pub. L. 102-232, Sec. 307(h)(2), inserted
"respective" after "terminated under such".
Subsec. (a)(1)(E)(i). Pub. L. 102-232, Sec. 307(h)(3), inserted
"any" after "at the time of" and after "within 5 years of the date
of" in parenthetical provision.
Subsec. (a)(1)(E)(ii), (iii). Pub. L. 102-232, Sec. 307(h)(4),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(1)(G). Pub. L. 102-232, Sec. 307(h)(5), substituted
"section 1182(a)(6)(C)(i)" for "section 1182(a)(5)(C)(i)".
Subsec. (a)(1)(H). Pub. L. 102-232, Sec. 307(h)(6), substituted
"paragraph (4)(D)" for "paragraph (6) or (7)".
Subsec. (a)(2)(D). Pub. L. 102-232, Sec. 307(h)(7), inserted "or
attempt" after "conspiracy".
Subsec. (a)(3)(C). Pub. L. 102-232, Sec. 307(h)(8), added subpar.
(C).
Subsec. (a)(4)(A), (B). Pub. L. 102-232, Sec. 307(h)(9),
substituted "after entry engages" for "after entry has engaged".
Subsec. (a)(4)(C). Pub. L. 102-232, Sec. 307(h)(10), substituted
"excludability" for "excluability".
Subsec. (c). Pub. L. 102-232, Sec. 307(k)(2), redesignated
subsec. (h) as (c) and substituted "existed" for "exist".
Subsec. (d). Pub. L. 102-232, Sec. 307(k)(1), struck out subsec.
(d) which related to applicability of this section to aliens
belonging to any of the classes enumerated in subsection (a) of
this section.
Subsec. (h). Pub. L. 102-232, Sec. 307(k)(2), redesignated
subsec. (h) as (c).
Pub. L. 102-232, Sec. 302(d)(3), struck out comma after "(3)(A)".
1990 - Subsec. (a). Pub. L. 101-649, Sec. 602(a), amended subsec.
(a) generally, consolidating 20 categories of excludable aliens
into 5 broader classes.
Pub. L. 101-649, Sec. 544(b), added par. (21) which read as
follows: "is the subject of a final order for violation of section
1324c of this title."
Pub. L. 101-649, Sec. 508(a), substituted "conspiracy or attempt"
for "conspiracy" in par. (11).
Subsec. (b). Pub. L. 101-649, Sec. 602(b), redesignated subsec.
(e) as (b), substituted "paragraph (4) of subsection (a) of this
section" for "subsection (a)(6) or (7) of this section" and struck
out former subsec. (b) which related to nonapplicability of subsec.
(a)(4) of this section.
Pub. L. 101-649, Sec. 505(a), struck out "(1)" after "crimes
shall not apply" and ", or (2) if the court sentencing such alien
for such crime shall make, at the time of first imposing judgment
or passing sentence, or within thirty days thereafter, a
recommendation to the Attorney General that such alien not be
deported, due notice having been given prior to making such
recommendation to representatives of the interested State, the
Service, and prosecution authorities, who shall be granted an
opportunity to make representations in the matter" at end of first
sentence, and inserted "or who has been convicted of an aggravated
felony" after "subsection (a)(11) of this section" in second
sentence.
Subsec. (c). Pub. L. 101-649, Sec. 602(b)(1), struck out subsec.
(c) which related to fraudulent entry.
Subsec. (e). Pub. L. 101-649, Sec. 602(b)(2)(B), redesignated
subsec. (e) as (b).
Subsecs. (f), (g). Pub. L. 101-649, Sec. 602(b)(1), struck out
subsecs. (f) and (g) which related to waiver of deportation in
specified cases and hardship waivers, respectively.
Subsec. (h). Pub. L. 101-649, Sec. 153(b)(2), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows:
"Paragraphs (1), (2), (5), (9), or (12) of subsection (a) of this
section (other than so much of paragraph (1) as relates to a ground
of exclusion described in paragraph (9), (10), (23), (27), (29), or
(33) of section 1182(a) of this title) shall not apply to a special
immigrant described in section 1101(a)(27)(J) of this title based
upon circumstances that exist before the date the alien was
provided such special immigrant status."
Pub. L. 101-649, Sec. 153(b)(1), added subsec. (h).
1988 - Subsec. (a)(4). Pub. L. 100-690, Sec. 7344(a), inserted
cl. (B).
Subsec. (a)(14). Pub. L. 100-690 inserted "any firearm or
destructive device (as defined in paragraphs (3) and (4)),
respectively, of section 921(a) of title 18, or any revolver or"
after "law".
Subsec. (a)(17). Pub. L. 100-525, Sec. 9(m), substituted
"amendment, thereof, known as the Trading With the Enemy Act" for
"amendment thereof; the Trading With the Enemy Act".
Subsec. (a)(20). Pub. L. 100-525, Sec. 2(n)(2), substituted "an
alien lawfully admitted" for "an alien who becomes lawfully
admitted".
1986 - Subsec. (a)(9). Pub. L. 99-639, Sec. 2(b)(1), designated
existing provisions as cl. (A) and added cl. (B).
Subsec. (a)(10). Pub. L. 99-653 repealed par. (10). Prior to
repeal, par. (10) read as follows: "entered the United States from
foreign contiguous territory or adjacent islands, having arrived
there on a vessel or aircraft of a nonsignatory transportation
company under section 1228(a) of this title and was without the
required period of stay in such foreign contiguous territory or
adjacent islands following such arrival (other than an alien
described in section 1101(a)(27)(A) of this title and aliens born
in the Western Hemisphere);".
Subsec. (a)(11). Pub. L. 99-570 substituted "any law or
regulation of a State, the United States, or a foreign country
relating to a controlled substance (as defined in section 802 of
title 21)" for "any law or regulation relating to the illicit
possession of or traffic in narcotic drugs or marihuana, or who has
been convicted of a violation of, or a conspiracy to violate, any
law or regulation governing or controlling the taxing, manufacture,
production, compounding, transportation, sale, exchange,
dispensing, giving away, importation, exportation, or the
possession for the purpose of the manufacture, production,
compounding, transportation, sale, exchange, dispensing, giving
away, importation, or exportation of opium, coca leaves, heroin,
marihuana, any salt derivative or preparation of opium or coca
leaves or isonipecaine or any addiction-forming or addiction-
sustaining opiate".
Subsec. (a)(20). Pub. L. 99-603 added par. (20).
Subsec. (g). Pub. L. 99-639, Sec. 2(b)(2), added subsec. (g).
1981 - Subsec. (f). Pub. L. 97-116 designated existing provision
as par. (1)(A), substituted provision authorizing discretionary
waiver of deportation based on visa fraud or misrepresentation in
the case of an alien, other than an alien described in subsec.
(a)(19) of this section, who is the spouse, parent, or child of a
citizen of the United States or of an alien lawfully admitted to
the United States for permanent residence and who was in possession
of an immigrant visa or equivalent document and was otherwise
admissible to the United States at the time of such entry except
for those grounds specified in section 1182(a)(14), (20), and (21)
of this title which were a direct result of that fraud or
misrepresentation, with relief available to those who have made
innocent, as well as fraudulent, misrepresentations, for provision
requiring mandatory waiver of deportation based on visa fraud or
misrepresentation at the time of entry in the case of an alien who
is the spouse, parent, or child of a United States citizen or of an
alien lawfully admitted for permanent residence who is otherwise
admissible, and added pars. (1)(B) and (2).
1978 - Subsec. (a)(19). Pub. L. 95-549 added par. (19).
1976 - Subsec. (a)(10). Pub. L. 94-571 substituted "(other than
an alien described in section 1101(a)(27)(A) of this title and
aliens born in the Western Hemisphere)" for "(other than an alien
who is a native-born citizen of any of the countries enumerated in
section 1101(a)(27)(A) of this title and an alien described in
section 1101(a)(27)(B) of this title)".
1965 - Subsec. (a)(10). Pub. L. 89-236 substituted "section
1101(a)(27)(A) of this title" for "section 1101(a)(27)(C) of this
title".
1961 - Subsec. (f). Pub. L. 87-301 added subsec. (f).
1960 - Subsec. (a)(11). Pub. L. 86-648 inserted "or marihuana"
after "narcotic drugs".
1956 - Subsec. (a)(11). Act July 18, 1956, Sec. 301(b), included
conspiracy to violate any narcotic law, and the illicit possession
of narcotics, as additional grounds for deportation.
Subsec. (b). Act July 18, 1956, Sec. 301(c), inserted at end "The
provisions of this subsection shall not apply in the case of any
alien who is charged with being deportable from the United States
under subsection (a)(11) of this section."
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-13, div. B, title I, Sec. 105(a)(2), May 11, 2005,
119 Stat. 309, provided that: "The amendment made by paragraph (1)
[amending this section] shall take effect on the date of the
enactment of this division [May 11, 2005], and the amendment, and
section 237(a)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall apply to
-
"(A) removal proceedings instituted before, on, or after the
date of the enactment of this division [May 11, 2005]; and
"(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal occurring
or existing before, on, or after such date."
Pub. L. 109-13, div. B, title I, Sec. 105(b), May 11, 2005, 119
Stat. 310, provided that: "Effective as of the date of the
enactment of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458) [Dec. 17, 2004], section 5402 of such
Act [amending this section] 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."
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by section 5304(b) of Pub. L. 108-458 effective Dec.
17, 2004, and applicable to revocations under sections 1155 and
1201(i) of this title made before, on, or after such date, see
section 5304(d) of Pub. L. 108-458, set out as a note under section
1155 of this title.
Amendment by section 5501(b) of Pub. L. 108-458 applicable to
offenses committed before, on, or after Dec. 17, 2004, see section
5501(c) of Pub. L. 108-458, set out as a note under section 1182 of
this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and
applicable to actions taken by an alien before, on, or after Oct.
26, 2001, and to all aliens, regardless of date of entry or
attempted entry into the United States, in removal proceedings on
or after such date (except for proceedings in which there has been
a final administrative decision before such date) or seeking
admission to the United States on or after such date, with special
rules and exceptions, see section 411(c) of Pub. L. 107-56, set out
as a note under section 1182 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-395, title II, Sec. 201(c)(3), Oct. 30, 2000, 114
Stat. 1635, provided that: "The amendment made by paragraph (1)
[amending this section] shall be effective as if included in the
enactment of section 347 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-638) and shall apply to voting occurring before, on, or after
September 30, 1996. The amendment made by paragraph (2) [amending
this section] shall be effective as if included in the enactment of
section 344 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637)
and shall apply to representations made on or after September 30,
1996. Such amendments shall apply to individuals in proceedings
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]
on or after September 30, 1996."
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by sections 301(d), 305(a)(2), and 308(d)(2)(A)-(C),
(3)(A), (e)(1)(E), (2)(C), (f)(1)(L)-(N), (5) 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)(2)(D) of div. C of Pub. L. 104-208 provided that
the amendment made by that section is effective Sept. 30, 1996.
Amendment by section 344(b) of Pub. L. 104-208 applicable to
representations made on or after Sept. 30, 1996, see section 344(c)
of Pub. L. 104-208, set out as a note under section 1182 of this
title.
Amendment by section 347(b) of Pub. L. 104-208 applicable to
voting occurring before, on, or after Sept. 30, 1996, see section
347(c) of Pub. L. 104-208, set out as a note under section 1182 of
this title.
Section 350(b) of div. C of Pub. L. 104-208 provided that: "The
amendment made by subsection (a) [amending this section] shall
apply to convictions, or violations of court orders, occurring
after the date of the enactment of this Act [Sept. 30, 1996]."
Amendment by section 351(b) of Pub. L. 104-208 applicable to
applications for waivers filed before, on, or after Sept. 30, 1996,
but not applicable to such an application for which a final
determination has been made as of Sept. 30, 1996, see section
351(c) of Pub. L. 104-208, set out as a note under section 1182 of
this title.
Amendment by section 671(a)(4)(B) of Pub. L. 104-208 effective as
if included in the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
Pub. L. 104-208, set out as a note under section 1101 of this
title.
Section 414(b) of Pub. L. 104-132 provided that: "The amendment
made by subsection (a) [amending this section] shall take effect on
the first day of the first month beginning more than 180 days after
the date of the enactment of this Act [Apr. 24, 1996]."
Section 435(b) of Pub. L. 104-132 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
aliens against whom deportation proceedings are initiated after the
date of the enactment of this Act [Apr. 24, 1996]."
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 203(b) of Pub. L. 103-416 applicable to
convictions occurring before, on, or after Oct. 25, 1994, see
section 203(c) of Pub. L. 103-416, set out as an Effective and
Termination Dates of 1994 Amendments note under section 1182 of
this title.
Amendment by section 219(g) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(d)(3), 307(h) 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(k) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 602(b)
of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 153(b)(1) of Pub. L. 101-649 effective Nov.
29, 1990, and (unless otherwise provided) applicable to fiscal year
1991, see section 161(b) of Pub. L. 101-649, set out as a note
under section 1101 of this title.
Section 153(b)(2) of Pub. L. 101-649 provided that the amendment
of the subsec. (h) added by section 153(b)(1) of Pub. L. 101-649 is
effective on the date the amendments by section 602 of Pub. L. 101-
649 become effective. See section 602(d) of Pub. L. 101-649, set
out below.
Section 505(b) of Pub. L. 101-649 provided that: "The amendments
made by subsection (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 29, 1990] and shall
apply to convictions entered before, on, or after such date."
Section 508(b) of Pub. L. 101-649 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
convictions occurring on or after the date of the enactment of this
Act [Nov. 29, 1990]."
Section 544(d), formerly (c), of Pub. L. 101-649, as redesignated
by Pub. L. 102-232, title III, Sec. 306(c)(5)(B), Dec. 12, 1991,
105 Stat. 1752, provided that: "The amendments made by this section
[enacting section 1324c of this title and amending this section]
shall apply to persons or entities that have committed violations
on or after the date of the enactment of this Act [Nov. 29, 1990]."
Section 602(d) of Pub. L. 101-649 provided that: "The amendments
made by this section, and by section 603(b) of this Act [amending
this section, sections 1161, 1252, 1253, and 1254 of this title,
and section 402 of Title 42, The Public Health and Welfare], shall
not apply to deportation proceedings for which notice has been
provided to the alien before March 1, 1991."
EFFECTIVE DATE OF 1988 AMENDMENTS
Section 7344(b) of Pub. L. 100-690 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to any
alien who has been convicted, on or after the date of the enactment
of this Act [Nov. 18, 1988], of an aggravated felony."
Section 7348(b) of Pub. L. 100-690 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to any
alien convicted, on or after the date of the enactment of this Act
[Nov. 18, 1988], of possessing any firearm or destructive device
referred to in such subsection."
Amendment by section 2(n)(2) of 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.
EFFECTIVE DATE OF 1986 AMENDMENTS
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.
Amendment by Pub. L. 99-570 applicable to convictions occurring
before, on, or after Oct. 27, 1986, see section 1751(c) of Pub. L.
99-570, set out as a note under section 1182 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236 see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 18, 1956, effective July 19, 1956, see
section 401 of act July 18, 1956.
SAVINGS PROVISION
Section 602(c) of Pub. L. 101-649 provided that: "Notwithstanding
the amendments made by this section [amending this section], any
alien who was deportable because of a conviction (before the date
of the enactment of this Act [Nov. 29, 1990]) of an offense
referred to in paragraph (15), (16), (17), or (18) of section
241(a) [now 237] of the Immigration and Nationality Act [8 U.S.C.
1227], as in effect before the date of the enactment of this Act,
shall be considered to remain so deportable. Except as otherwise
specifically provided in such section and subsection (d) [set out
as a note above], the provisions of such section, as amended by
this section, shall apply to all aliens described in subsection (a)
thereof notwithstanding that (1) any such alien entered the United
States before the date of the enactment of this Act, or (2) the
facts, by reason of which an alien is described in such subsection,
occurred before the date of the enactment of this Act."
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.
REPORT ON CRIMINAL ALIENS
Section 510 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 306(a)(8), (9), Dec. 12, 1991, 105 Stat. 1751,
provided that the Attorney General was to submit to appropriate
Committees of Congress, by not later than Dec. 1, 1991, a report
describing efforts of Immigration and Naturalization Service to
identify, apprehend, detain, and remove from the United States
aliens who have been convicted of crimes in the United States and
including a criminal alien census and removal plan.
(!1) So in original. Probably should be "in".