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U.S. Code as of:
01/03/05
Section 1222. Detention of aliens for physical and mental examination
(a) Detention of aliens
For the purpose of determining whether aliens (including alien
crewmen) arriving at ports of the United States belong to any of
the classes inadmissible under this chapter, by reason of being
afflicted with any of the diseases or mental or physical defects or
disabilities set forth in section 1182(a) of this title, or
whenever the Attorney General has received information showing that
any aliens are coming from a country or have embarked at a place
where any of such diseases are prevalent or epidemic, such aliens
shall be detained by the Attorney General for a sufficient time to
enable the immigration officers and medical officers to subject
such aliens to observation and an examination sufficient to
determine whether or not they belong to inadmissible classes.
(b) Physical and mental examination
The physical and mental examination of arriving aliens (including
alien crewmen) shall be made by medical officers of the United
States Public Health Service, who shall conduct all medical
examinations and shall certify, for the information of the
immigration officers and the immigration judges, any physical and
mental defect or disease observed by such medical officers in any
such alien. If medical officers of the United States Public Health
Service are not available, civil surgeons of not less than four
years' professional experience may be employed for such service
upon such terms as may be prescribed by the Attorney General.
Aliens (including alien crewmen) arriving at ports of the United
States shall be examined by at least one such medical officer or
civil surgeon under such administrative regulations as the Attorney
General may prescribe, and under medical regulations prepared by
the Secretary of Health and Human Services. Medical officers of the
United States Public Health Service who have had special training
in the diagnosis of insanity and mental defects shall be detailed
for duty or employed at such ports of entry as the Attorney General
may designate, and such medical officers shall be provided with
suitable facilities for the detention and examination of all
arriving aliens who it is suspected may be inadmissible under
paragraph (1) of section 1182(a) of this title, and the services of
interpreters shall be provided for such examination. Any alien
certified under paragraph (1) of section 1182(a) of this title, may
appeal to a board of medical officers of the United States Public
Health Service, which shall be convened by the Secretary of Health
and Human Services, and any such alien may introduce before such
board one expert medical witness at his own cost and expense.
(c) Certification of certain helpless aliens
If an examining medical officer determines that an alien arriving
in the United States is inadmissible, is helpless from sickness,
mental or physical disability, or infancy, and is accompanied by
another alien whose protection or guardianship may be required, the
officer may certify such fact for purposes of applying section
1182(a)(10)(B) of this title with respect to the other alien.
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