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U.S. Code as of:
01/03/05
Section 1225. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
(a) Inspection
(1) Aliens treated as applicants for admission
An alien present in the United States who has not been admitted
or who arrives in the United States (whether or not at a
designated port of arrival and including an alien who is brought
to the United States after having been interdicted in
international or United States waters) shall be deemed for
purposes of this chapter an applicant for admission.
(2) Stowaways
An arriving alien who is a stowaway is not eligible to apply
for admission or to be admitted and shall be ordered removed upon
inspection by an immigration officer. Upon such inspection if the
alien indicates an intention to apply for asylum under section
1158 of this title or a fear of persecution, the officer shall
refer the alien for an interview under subsection (b)(1)(B) of
this section. A stowaway may apply for asylum only if the
stowaway is found to have a credible fear of persecution under
subsection (b)(1)(B) of this section. In no case may a stowaway
be considered an applicant for admission or eligible for a
hearing under section 1229a of this title.
(3) Inspection
All aliens (including alien crewmen) who are applicants for
admission or otherwise seeking admission or readmission to or
transit through the United States shall be inspected by
immigration officers.
(4) Withdrawal of application for admission
An alien applying for admission may, in the discretion of the
Attorney General and at any time, be permitted to withdraw the
application for admission and depart immediately from the United
States.
(5) Statements
An applicant for admission may be required to state under oath
any information sought by an immigration officer regarding the
purposes and intentions of the applicant in seeking admission to
the United States, including the applicant's intended length of
stay and whether the applicant intends to remain permanently or
become a United States citizen, and whether the applicant is
inadmissible.
(b) Inspection of applicants for admission
(1) Inspection of aliens arriving in the United States and
certain other aliens who have not been admitted or paroled
(A) Screening
(i) In general
If an immigration officer determines that an alien (other
than an alien described in subparagraph (F)) who is arriving
in the United States or is described in clause (iii) is
inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of
this title, the officer shall order the alien removed from
the United States without further hearing or review unless
the alien indicates either an intention to apply for asylum
under section 1158 of this title or a fear of persecution.
(ii) Claims for asylum
If an immigration officer determines that an alien (other
than an alien described in subparagraph (F)) who is arriving
in the United States or is described in clause (iii) is
inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of
this title and the alien indicates either an intention to
apply for asylum under section 1158 of this title or a fear
of persecution, the officer shall refer the alien for an
interview by an asylum officer under subparagraph (B).
(iii) Application to certain other aliens
(I) In general
The Attorney General may apply clauses (i) and (ii) of
this subparagraph to any or all aliens described in
subclause (II) as designated by the Attorney General. Such
designation shall be in the sole and unreviewable
discretion of the Attorney General and may be modified at
any time.
(II) Aliens described
An alien described in this clause is an alien who is not
described in subparagraph (F), who has not been admitted or
paroled into the United States, and who has not
affirmatively shown, to the satisfaction of an immigration
officer, that the alien has been physically present in the
United States continuously for the 2-year period
immediately prior to the date of the determination of
inadmissibility under this subparagraph.
(B) Asylum interviews
(i) Conduct by asylum officers
An asylum officer shall conduct interviews of aliens
referred under subparagraph (A)(ii), either at a port of
entry or at such other place designated by the Attorney
General.
(ii) Referral of certain aliens
If the officer determines at the time of the interview that
an alien has a credible fear of persecution (within the
meaning of clause (v)), the alien shall be detained for
further consideration of the application for asylum.
(iii) Removal without further review if no credible fear of
persecution
(I) In general
Subject to subclause (III), if the officer determines
that an alien does not have a credible fear of persecution,
the officer shall order the alien removed from the United
States without further hearing or review.
(II) Record of determination
The officer shall prepare a written record of a
determination under subclause (I). Such record shall
include a summary of the material facts as stated by the
applicant, such additional facts (if any) relied upon by
the officer, and the officer's analysis of why, in the
light of such facts, the alien has not established a
credible fear of persecution. A copy of the officer's
interview notes shall be attached to the written summary.
(III) Review of determination
The Attorney General shall provide by regulation and upon
the alien's request for prompt review by an immigration
judge of a determination under subclause (I) that the alien
does not have a credible fear of persecution. Such review
shall include an opportunity for the alien to be heard and
questioned by the immigration judge, either in person or by
telephonic or video connection. Review shall be concluded
as expeditiously as possible, to the maximum extent
practicable within 24 hours, but in no case later than 7
days after the date of the determination under subclause
(I).
(IV) Mandatory detention
Any alien subject to the procedures under this clause
shall be detained pending a final determination of credible
fear of persecution and, if found not to have such a fear,
until removed.
(iv) Information about interviews
The Attorney General shall provide information concerning
the asylum interview described in this subparagraph to aliens
who may be eligible. An alien who is eligible for such
interview may consult with a person or persons of the alien's
choosing prior to the interview or any review thereof,
according to regulations prescribed by the Attorney General.
Such consultation shall be at no expense to the Government
and shall not unreasonably delay the process.
(v) "Credible fear of persecution" defined
For purposes of this subparagraph, the term "credible fear
of persecution" means that there is a significant
possibility, taking into account the credibility of the
statements made by the alien in support of the alien's claim
and such other facts as are known to the officer, that the
alien could establish eligibility for asylum under section
1158 of this title.
(C) Limitation on administrative review
Except as provided in subparagraph (B)(iii)(III), a removal
order entered in accordance with subparagraph (A)(i) or
(B)(iii)(I) is not subject to administrative appeal, except
that the Attorney General shall provide by regulation for
prompt review of such an order under subparagraph (A)(i)
against an alien who claims under oath, or as permitted under
penalty of perjury under section 1746 of title 28, after having
been warned of the penalties for falsely making such claim
under such conditions, to have been lawfully admitted for
permanent residence, to have been admitted as a refugee under
section 1157 of this title, or to have been granted asylum
under section 1158 of this title.
(D) Limit on collateral attacks
In any action brought against an alien under section 1325(a)
of this title or section 1326 of this title, the court shall
not have jurisdiction to hear any claim attacking the validity
of an order of removal entered under subparagraph (A)(i) or
(B)(iii).
(E) "Asylum officer" defined
As used in this paragraph, the term "asylum officer" means an
immigration officer who -
(i) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 1158 of this title, and
(ii) is supervised by an officer who meets the condition
described in clause (i) and has had substantial experience
adjudicating asylum applications.
(F) Exception
Subparagraph (A) shall not apply to an alien who is a native
or citizen of a country in the Western Hemisphere with whose
government the United States does not have full diplomatic
relations and who arrives by aircraft at a port of entry.
(2) Inspection of other aliens
(A) In general
Subject to subparagraphs (B) and (C), in the case of an alien
who is an applicant for admission, if the examining immigration
officer determines that an alien seeking admission is not
clearly and beyond a doubt entitled to be admitted, the alien
shall be detained for a proceeding under section 1229a of this
title.
(B) Exception
Subparagraph (A) shall not apply to an alien -
(i) who is a crewman,
(ii) to whom paragraph (1) applies, or
(iii) who is a stowaway.
(C) Treatment of aliens arriving from contiguous territory
In the case of an alien described in subparagraph (A) who is
arriving on land (whether or not at a designated port of
arrival) from a foreign territory contiguous to the United
States, the Attorney General may return the alien to that
territory pending a proceeding under section 1229a of this
title.
(3) Challenge of decision
The decision of the examining immigration officer, if favorable
to the admission of any alien, shall be subject to challenge by
any other immigration officer and such challenge shall operate to
take the alien whose privilege to be admitted is so challenged,
before an immigration judge for a proceeding under section 1229a
of this title.
(c) Removal of aliens inadmissible on security and related grounds
(1) Removal without further hearing
If an immigration officer or an immigration judge suspects that
an arriving alien may be inadmissible under subparagraph (A)
(other than clause (ii)), (B), or (C) of section 1182(a)(3) of
this title, the officer or judge shall -
(A) order the alien removed, subject to review under
paragraph (2);
(B) report the order of removal to the Attorney General; and
(C) not conduct any further inquiry or hearing until ordered
by the Attorney General.
(2) Review of order
(A) The Attorney General shall review orders issued under
paragraph (1).
(B) If the Attorney General -
(i) is satisfied on the basis of confidential information
that the alien is inadmissible under subparagraph (A) (other
than clause (ii)), (B), or (C) of section 1182(a)(3) of this
title, and
(ii) after consulting with appropriate security agencies of
the United States Government, concludes that disclosure of the
information would be prejudicial to the public interest,
safety, or security,
the Attorney General may order the alien removed without further
inquiry or hearing by an immigration judge.
(C) If the Attorney General does not order the removal of the
alien under subparagraph (B), the Attorney General shall specify
the further inquiry or hearing that shall be conducted in the
case.
(3) Submission of statement and information
The alien or the alien's representative may submit a written
statement and additional information for consideration by the
Attorney General.
(d) Authority relating to inspections
(1) Authority to search conveyances
Immigration officers are authorized to board and search any
vessel, aircraft, railway car, or other conveyance or vehicle in
which they believe aliens are being brought into the United
States.
(2) Authority to order detention and delivery of arriving aliens
Immigration officers are authorized to order an owner, agent,
master, commanding officer, person in charge, purser, or
consignee of a vessel or aircraft bringing an alien (except an
alien crewmember) to the United States -
(A) to detain the alien on the vessel or at the airport of
arrival, and
(B) to deliver the alien to an immigration officer for
inspection or to a medical officer for examination.
(3) Administration of oath and consideration of evidence
The Attorney General and any immigration officer shall have
power to administer oaths and to take and consider evidence of or
from any person touching the privilege of any alien or person he
believes or suspects to be an alien to enter, reenter, transit
through, or reside in the United States or concerning any matter
which is material and relevant to the enforcement of this chapter
and the administration of the Service.
(4) Subpoena authority
(A) The Attorney General and any immigration officer shall have
power to require by subpoena the attendance and testimony of
witnesses before immigration officers and the production of
books, papers, and documents relating to the privilege of any
person to enter, reenter, reside in, or pass through the United
States or concerning any matter which is material and relevant to
the enforcement of this chapter and the administration of the
Service, and to that end may invoke the aid of any court of the
United States.
(B) Any United States district court within the jurisdiction of
which investigations or inquiries are being conducted by an
immigration officer may, in the event of neglect or refusal to
respond to a subpoena issued under this paragraph or refusal to
testify before an immigration officer, issue an order requiring
such persons to appear before an immigration officer, produce
books, papers, and documents if demanded, and testify, and any
failure to obey such order of the court may be punished by the
court as a contempt thereof.
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