8 U.S.C. § 1223

Entry through or from foreign territory and adjacent islands

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(a) Necessity of transportation contract

The Attorney General shall have power to enter into contracts with transportation lines for the inspection and admission of aliens coming to the United States from foreign territory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General.

(b) Landing stations

Every transportation line engaged in carrying alien passengers for hire to the United States from foreign territory or from adjacent islands shall provide and maintain at its expense suitable landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General.

The Attorney General shall have power to enter into contracts including bonding agreements with transportation lines to guarantee the passage through the United States in immediate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under section 1258 of this title.

(d) Definitions

As used in this section the terms “transportation line” and “transportation company” include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any vessel or aircraft or railroad train bringing aliens to the United States, to foreign territory, or to adjacent islands.

(June 27, 1952, ch. 477, title II, ch. 4, § 233, formerly § 238, 66 Stat. 202; Pub. L. 99–653, § 7(b), Nov. 14, 1986, 100 Stat. 3657; renumbered § 233 and amended Pub. L. 104–208, div. C, title III, §§ 308(b)(4), (f)(4), 362, Sept. 30, 1996, 110 Stat. 3009–615, 3009–622, 3009–645.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (c), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Codification

Section was formerly classified to section 1228 of this title prior to renumbering by Pub. L. 104–208.

Prior Provisions

A prior section 1223, act June 27, 1952, ch. 477, title II, ch. 4, § 233, 66 Stat. 197, related to examinations of aliens upon arrival in the United States, prior to repeal by Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56; renumbered § 206(a) and amended Pub. L. 100–525, § 4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615.

Amendments

1996—Pub. L. 104–208, § 362(a)(1), amended section catchline.

Subsec. (a). Pub. L. 104–208, § 362(a)(2), struck out “contiguous” after “foreign”.

Pub. L. 104–208, § 308(f)(4), substituted “inspection and admission” for “entry and inspection”.

Subsec. (b). Pub. L. 104–208, § 362(a)(2), struck out “contiguous” after “foreign”.

Subsec. (d). Pub. L. 104–208, § 362(b), inserted “or railroad train” after “aircraft”.

Pub. L. 104–208, § 362(a)(2), struck out “contiguous” after “foreign”.

1986—Pub. L. 99–653 struck out subsec. (a) which authorized the Attorney General to enter into contracts with transportation lines for the entry and inspection of aliens and to prescribe regulations, and redesignated subsecs. (b) to (e) as (a) to (d), respectively.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by section 308(b)(4), (f)(4) 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.

Effective Date of 1986 Amendment

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.

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.

Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1955–2026 · leading case: Aerolineas Argentinas, & Pakistan Int'l Airlines v. United States, 77 F.3d 1564 (Fed. Cir. 1996).

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Aerolineas Argentinas, & Pakistan Int'l Airlines v. United States, 77 F.3d 1564 (Fed. Cir. 1996). · cites it 5× “The airlines state that in view of the enactment of the 1986 Immigration User Fee Statute and the repeal of Immigration and Naturalization Act (INA) § 233, 8 U.S.C. § 1223 , the Service, not the airlines, is required to bear the expense of long-term detention and maintenance of…”

Errol Lynch v. Joseph S. Cannatella, Jr., 810 F.2d 1363 (5th Cir. 1987). · cites it 2× “A federal statute, 8 U.S.C. § 1223 (a), the text of which is set forth in the footnote, 12 provides that aliens temporarily removed *1371 from a vessel for examination and inspection are not considered to have landed in the United States and their removal does not relieve the…”

Pedro Rodriguez-Fernandez v. George C. Wilkinson, Warden, 654 F.2d 1382 (10th Cir. 1981). · cites it 2× “Acting pursuant to 8 U.S.C. § 1223 (a), immigration officials permitted Rodriguez-Fernandez to leave the boat and placed him in custody pending a determination of his eligibility for admission.”

Linea Area Nacional De Chile S.A. v. Sale, 865 F. Supp. 971 (E.D.N.Y 1994). · cites it 7× “§ ms Prior to 1986, Section 233 of the INA, 8 U.S.C. § 1223 , provided that carriers bore the financial responsibility for detaining aliens who were temporarily removed for examination and inspection prior to the determination of their eligibility to enter the United States.”

Zeqiri v. Mukasey, 529 F.3d 364 (7th Cir. 2008). “Alternately, she also argues that the one-year time period should have been tolled from September 9, 2001 until November 2001, when the 1-863 form was finally filed with the immigration court. Finally, and again in the alternative, she argues that her oral request for asylum at…”

Medina v. O'NEILL, 589 F. Supp. 1028 (S.D. Tex. 1984). · cites it 3× “Plaintiffs in the above-styled consolidated action bring this suit against defendants alleging violations of 8 U.S.C. §§ 1223 , 1323(d) (1976) and the fourth and fifth amendments of the United States Constitution.”

Dia Navigation Co., Ltd. v. Reno, 831 F. Supp. 360 (D.N.J. 1993). · cites it 3× “Prior to 1986, Section 233 of the INA, 8 U.S.C. § 1223 , required commercial carriers to bear complete responsibility for the expenses incident to the inspection, examination, detention and hearing of excludable aliens.”

Jean v. Nelson, 727 F.2d 957 (11th Cir. 1984). “956 (1953); 8 U.S.C. § 1223 (a) (removal of alien from vessel or aircraft for examination by immigration officials “shall not be considered a landing”); id.”

Fernandez v. Wilkinson, 505 F. Supp. 787 (D. Kan. 1980). “Completion of inspection of petitioner was deferred, and petitioner was temporarily removed into the United States in accordance with 8 U.S.C. § 1223 . *789 4. During the deferred primary interview on June 14, 1980, petitioner admitted in a sworn statement that he had been…”

Orient Overseas Container Line (UK) Ltd. v. United States, 48 Fed. Cl. 284 (Fed. Cl. 2000). “at 1570 (quoting 8 U.S.C. § 1223 (b) (1982)). The statutory requirement was implemented by INS regulation.”

Dia Navigation Co. v. Pomeroy, 34 F.3d 1255 (3rd Cir. 1994). · cites it 2× “In imposing this requirement, INS relied on the provisions of 8 U.S.C. § 1223 . That section provided in part: Whenever a temporary removal of aliens is made under this section, the vessels or aircraft or transportation lines which brought them, and the masters, commanding…”

Atlas Roofing Co., Inc. v. Occupational Saf. & Health Review Comm'n, United States Dep't Oflabor, 518 F.2d 990 (5th Cir. 1975). “*1005 Agency-Citation Purpose Penalty 8 U.S.C. § 1223 (c) (1970). Failure to comply with provisions concerning examination upon arrival.”

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