Notes on 8 U.S.C. § 1322 : US Code - Notes

Search Notes on 8 U.S.C. § 1322 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 272, 66 Stat. 226;
Pub. L. 89-236, Sec. 18, Oct. 3, 1965, 79 Stat. 920; Pub. L. 101-
649, title V, Sec. 543(a)(9), title VI, Sec. 603(a)(15), Nov. 29,
1990, 104 Stat. 5058, 5083; Pub. L. 102-232, title III, Sec.
307(l)(7), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 103-416, title
II, Sec. 219(o), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-208,
div. C, title III, Sec. 308(d)(3)(A), (4)(I)(i), Sept. 30, 1996,
110 Stat. 3009-617, 3009-618.)
AMENDMENTS                            
1996 - Pub. L. 104-208, Sec. 308(d)(4)(I)(i)(I), amended section
catchline.
Subsec. (a). Pub. L. 104-208, Sec. 308(d)(3)(A), (4)(I)(i)(II),
substituted "inadmissible" for "excludable" and "condition causing
inadmissibility" for "excluding condition".
Subsec. (c). Pub. L. 104-208, Sec. 308(d)(4)(I)(i)(III), struck
out "excluding" after "exemption from the".
1994 - Subsec. (a). Pub. L. 103-416 struck out comma after "every
alien so afflicted".
1991 - Subsec. (a). Pub. L. 102-232 struck out comma before
"shall pay".
1990 - Pub. L. 101-649, Sec. 603(a)(15)(D), substituted
"exclusion on a health-related ground" for "disability or afflicted
with disease" in section catchline.
Subsec. (a). Pub. L. 101-649, Sec. 603(a)(15)(A), substituted
"excludable under section 1182(a)(1) of this title" for "(1)
mentally retarded, (2) insane, (3) afflicted with psychopathic
personality, or with sexual deviation, (4) a chronic alcoholic, (5)
afflicted with any dangerous contagious disease, or (6) a narcotic
drug addict" and "the excluding condition" for "such disease or
disability".
Pub. L. 101-649, Sec. 543(a)(9)(A), substituted "Commissioner"
for "collector of customs of the customs district in which the
place of arrival is located" and "$3,000" for "$1,000".
Subsec. (b). Pub. L. 101-649, Sec. 603(a)(15)(B), (C),
redesignated subsec. (c) as (b) and struck out former subsec. (b)
which read as follows: "Any person who shall bring to the United
States an alien (other than an alien crewman) afflicted with any
mental defect other than those enumerated in subsection (a) of this
section, or any physical defect of a nature which may affect his
ability to earn a living, as provided in section 1182(a)(7) of this
title, shall pay to the Commissioner for each and every alien so
afflicted, the sum of $3,000, unless (1) the alien was in
possession of a valid, unexpired immigrant visa, or (2) the alien
was allowed to land in the United States, or (3) the alien was in
possession of a valid unexpired nonimmigrant visa or other document
authorizing such alien to apply for temporary admission to the
United States or an unexpired reentry permit issued to him, and (A)
such application was made within one hundred and twenty days of the
date of issuance of the visa or other document, or in the case of
an alien in possession of a reentry permit, within one hundred and
twenty days of the date on which the alien was last examined and
admitted by the Service, or (B) in the event the application was
made later than one hundred and twenty days of the date of issuance
of the visa or other document or such examination and admission, if
such person establishes to the satisfaction of the Attorney General
that the existence of such disease or disability could not have
been detected by the exercise of due diligence prior to the alien's
embarkation."
Pub. L. 101-649, Sec. 543(a)(9)(B), substituted "Commissioner"
for "collector of customs of the customs district in which the
place of arrival is located" and "$3,000" for "$250".
Subsec. (c). Pub. L. 101-649, Sec. 603(a)(15)(C), redesignated
subsec. (d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 101-649, Sec. 543(a)(9)(C), substituted "Commissioner"
for "collector of customs".
Subsecs. (d), (e). Pub. L. 101-649, Sec. 603(a)(15)(C),
redesignated subsec. (e) as (d). Former subsec. (d) redesignated
(c).
1965 - Subsec. (a). Pub. L. 89-236 substituted "mentally
retarded" for "feeble-minded", struck out references to epileptics
and persons afflicted with tuberculosis and leprosy, and inserted
reference to persons afflicted with sexual deviation.
EFFECTIVE DATE OF 1996 AMENDMENT                 
Amendment by 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 1994 AMENDMENT                 
Amendment by 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                 
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                 
Amendment by section 543(a)(9) of Pub. L. 101-649 applicable to
actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101-649, set out as a note under section 1221 of this title.
Amendment by section 603(a)(15) of 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.
EFFECTIVE DATE OF 1965 AMENDMENT                 
Amendment by Pub. L. 89-236 effective, except as otherwise
provided, on first day of first month after expiration of thirty
days following date of enactment of Pub. L. 89-236, which was
approved on Oct. 3, 1965, see section 20 of Pub. L. 89-236, set out
as a note under section 1151 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.