8 U.S. Code § 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
Analien present in theUnited States who has not been admitted or who arrives in theUnited States (whether or not at a designated port of arrival and including an alienwho is brought to theUnited States after having been interdicted in international orUnited States waters) shall be deemed for purposes of this chapter an applicant for admission.
An arrivingalien who is astowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by animmigration officer. Upon such inspection if the alienindicates an intention to apply for asylum undersection 1158 of this title or a fear of persecution, the officer shall refer the alienfor an interview under subsection (b)(1)(B). A stowawaymay apply for asylum only if the stowawayis found to have a credible fear of persecutionunder subsection (b)(1)(B). In no case may a stowawaybe considered an applicant for admission or eligible for a hearing undersection 1229a of this title.
Allaliens (includingalien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through theUnited States shall be inspected byimmigration officers.
Analien applying for admission may, in the discretion of theAttorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States.
An applicant for admission may be required tostate under oath any information sought by animmigration 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 Statescitizen, and whether the applicant is inadmissible.
If animmigration officer determines that an alien(other than an aliendescribed in subparagraph (F)) who is arriving in the United Statesor is described in clause (iii) is inadmissible under section1182(a)(6)(C) or1182(a)(7) of this title, the officer shall order the alienremoved from the United Stateswithout further hearing or review unless the alienindicates either an intention to apply for asylum undersection 1158 of this title or a fear of persecution.
If animmigration officer determines that an alien(other than an aliendescribed in subparagraph (F)) who is arriving in the United Statesor is described in clause (iii) is inadmissible under section1182(a)(6)(C) or1182(a)(7) of this title and the alienindicates either an intention to apply for asylum undersection 1158 of this title or a fear of persecution, the officer shall refer the alienfor an interview by an asylum officerunder subparagraph (B).
TheAttorney General may apply clauses (i) and (ii) of this subparagraph to any or all aliensdescribed in subclause (II) as designated by theAttorney General. Such designation shall be in the sole and unreviewable discretion of theAttorney General and may be modified at any time.
Analien described in this clause is analien who is not described in subparagraph (F), who has not been admitted or paroled into theUnited States, and who has not affirmatively shown, to the satisfaction of animmigration officer, that the alienhas been physically present in the United Statescontinuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph.
Anasylum officer shall conduct interviews of aliensreferred under subparagraph (A)(ii), either at a port of entry or at such other place designated by the Attorney General.
If the officer determines at the time of the interview that analien has acredible fear of persecution (within the meaning of clause (v)), the alienshall be detained for further consideration of the application for asylum.
Subject to subclause (III), if the officer determines that analien does not have acredible fear of persecution, the officer shall order the alienremoved from the United Stateswithout further hearing or review.
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, thealien has not established acredible fear of persecution. A copy of the officer’s interview notes shall be attached to the written summary.
TheAttorney 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 aliendoes not have acredible fear of persecution. Such review shall include an opportunity for the aliento 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).
Anyalien subject to the procedures under this clause shall be detained pending a final determination ofcredible fear of persecution and, if found not to have such a fear, until removed.
TheAttorney General shall provide information concerning the asylum interview described in this subparagraph to alienswho may be eligible. An alienwho 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 theAttorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process.
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 alienin support of the alien’s claim and such other facts as are known to the officer, that the aliencould establish eligibility for asylum undersection 1158 of this title.
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 theAttorney General shall provide by regulation for prompt review of such an order under subparagraph (A)(i) against an alienwho claims under oath, or as permitted under penalty of perjury undersection 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 refugeeundersection 1157 of this title, or to have been granted asylum undersection 1158 of this title.
In any action brought against analien undersection 1325(a) of this title orsection 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).
Subparagraph (A) shall not apply to analien who is a native or citizen of a country in the Western Hemisphere with whose government theUnited States does not have full diplomatic relations and who arrives by aircraft at a port of entry.
Nothing in this subsection shall be construed to authorize or require any person described insection 1158(e) of this title to be permitted to apply for asylum undersection 1158 of this title at any time beforeJanuary 1, 2014.
Subject to subparagraphs (B) and (C), in the case of analien who is an applicant for admission, if the examiningimmigration officer determines that an alienseeking admission is not clearly and beyond a doubt entitled to be admitted, the alienshall be detained for a proceeding undersection 1229a of this title.
In the case of analien described in subparagraph (A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to theUnited States, theAttorney General may return the aliento that territory pending a proceeding undersection 1229a of this title.
Theattorney general of a State, or other authorized Stateofficer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that harms such Stateor its residents shall have standing to bring an action against theSecretary of Homeland Security on behalf of such Stateor the residents of such Statein an appropriate district court of the United Statesto obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a Stateor its residents shall be considered to have been harmed if the Stateor its residents experience harm, including financial harm in excess of $100.
The decision of the examiningimmigration officer, if favorable to the admission of any alien, shall be subject to challenge by any otherimmigration officer and such challenge shall operate to take the alienwhose privilege to be admitted is so challenged, before an immigration judge for a proceeding undersection 1229a of this title.
Thealien or thealien’srepresentative may submit a written statement and additional information for consideration by theAttorney General.
Immigration officers are authorized to board and search any vessel, aircraft, railway car, or other conveyance or vehicle in which they believealiens are being brought into theUnited States.
TheAttorney General and anyimmigration officer shall have power to administer oaths and to take and consider evidence of or from any person touching the privilege of any alienor person he believes or suspects to be an aliento enter, reenter, transit through, or reside in the United Statesor concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service.
This chapter, referred to in subsecs. (a)(1) and (d)(3), (4)(A), was in the original, “this Act”, meaning act June 27, 1952, ch. 477,66 Stat. 163, known as theImmigration 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 undersection 1101 of this title and Tables.
2025—Subsec. (b)(3), (4).Pub. L. 119–1 added par. (3) and redesignated former par. (3) as (4).
2008—Subsec. (b)(1)(G).Pub. L. 110–229 added subpar. (G).
1996—Pub. L. 104–208, § 302(a), amended section generally, revising and restating former subsecs. (a) to (d) relating to inspection of aliensarriving in the United States, powers of immigration officers, detention of aliensfor further inquiry, temporary and permanentexclusion of aliens, and collateral attacks on orders of exclusion and deportation.
Pub. L. 104–208, § 371(b)(4), substituted “an immigration judge” for “a special inquiry officer”, “immigration judge” for “special inquiry officer”, and “immigration judges” for “special inquiry officers”, wherever appearing in subsecs. (a) to (c).
Subsec. (b).Pub. L. 104–132, § 422(a), which directed the general amendment of subsec. (b) by substituting pars. (1) to (3) relating to asylum interviews and hearings, detention for further inquiry, and challenges of favorable decisions, for former subsec. (b) consisting of single par., was repealed byPub. L. 104–208, § 308(d)(5). See Construction of 1996 Amendment note below.
Subsec. (d).Pub. L. 104–132, § 423(b), added subsec. (d) which read as follows: “In any action brought for the assessment of penalties for improper entry or re-entry of an alienunder section 1325 orsection 1326 of this title, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under this section or sections 1226 and 1252 of this title.”
1990—Subsec. (c).Pub. L. 101–649 substituted “subparagraph (A) (other than clause (ii)), (B), or (C) ofsection 1182(a)(3) of this title” for “paragraph (27), (28), or (29) ofsection 1182(a) of this title”.
Amendment byPub. L. 110–229 effective on the transition program effective date described insection 1806 of Title 48, Territories and Insular Possessions, seesection 705(b) of Pub. L. 110–229, set out as an Effective Date note undersection 1806 of Title 48.
Amendment bysection 302(a) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days afterSept. 30, 1996, seesection 309 of Pub. L. 104–208, set out as a note undersection 1101 of this title.
Pub. L. 104–208, div. C, title III, § 308(d)(5),Sept. 30, 1996,110 Stat. 3009–619, provided that the amendment made by section 308(d)(5) is effective as ofApr. 24, 1996. See Construction of 1996 Amendment note below.
Amendment bysection 371(b)(4) of Pub. L. 104–208 effectiveSept. 30, 1996, seesection 371(d)(1) of Pub. L. 104–208, set out as a note undersection 1101 of this title.
Pub. L. 104–132, title IV, § 422(c),Apr. 24, 1996,110 Stat. 1272, which provided that the amendments made bysection 422 of Pub. L. 104–132 [amending this section and formersection 1227 of this title] were to take effect on the first day of the first month that began more than 180 days afterApr. 24, 1996, was repealed byPub. L. 104–208, div. C, title III, § 308(d)(5),Sept. 30, 1996,110 Stat. 3009–619. See Construction of 1996 Amendment note below.
Amendment byPub. L. 101–649 applicable to individuals entering United Stateson or afterJune 1, 1991, seesection 601(e)(1) of Pub. L. 101–649, set out as a note undersection 1101 of this title.
Pub. L. 104–208, div. C, title III, § 308(d)(5),Sept. 30, 1996,110 Stat. 3009–619, provided that:
For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.
Pub. L. 104–208, div. C, title III, § 302(b),Sept. 30, 1996,110 Stat. 3009–584, required the Comptroller General to conduct a study on the implementation and effectiveness of the expedited removal procedures under subsec. (b)(1) of this section and submit toCongress a report on the study no later than 18 months afterSept. 30, 1996.
For purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or anorder of deportation, seesection 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note undersection 1101 of this title.