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8 U.S. Code § 1225a - Preinspection at foreign airports

(a) Establishment of preinspection stations

(1) New stations.—

Subject to paragraph (5), not later thanOctober 31, 1998, the Attorney General, in consultation with the Secretary of State, shall establish and maintain preinspection stations in at least 5 of the foreign airports that are among the 10 foreign airports which the Attorney Generalidentifies as serving as last points of departure for the greatest numbers of inadmissible alienpassengers who arrive from abroad by air at ports of entry within the United States. Such preinspection stations shall be in addition to any preinspection stations established prior toSeptember 30, 1996.

(2) Report.—

Not later thanOctober 31, 1998, the Attorney Generalshall report to the Committees on the Judiciary of theHouse of Representatives and of theSenate on the implementation of paragraph (1).

(3) Data collection.—Not later thanNovember 1, 1997, and each subsequent November 1, the Attorney Generalshall compile data identifying—

(A)

the foreign airports which served as last points of departure foraliens who arrived by air atUnited States ports of entry without valid documentation during the preceding fiscal years;

(B)

the number and nationality of suchaliens arriving from each such foreign airport; and

(C)

the primary routes suchaliens followed from their country of origin to theUnited States.

(4)

Subject to paragraph (5), not later thanJanuary 1, 2008, theSecretary of Homeland Security, in consultation with the Secretary of State, shall establish preinspection stations in at least 25 additional foreign airports, which theSecretary of Homeland Security, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3) and such other information as may be available, would most effectively facilitate the travel of admissible aliensand reduce the number of inadmissible aliens, especially alienswho are potential terrorists, who arrive from abroad by air at points of entry within the United States. Such preinspection stations shall be in addition to those established beforeSeptember 30, 1996, or pursuant to paragraph (1).

(5) Conditions.—Prior to the establishment of a preinspection station, theAttorney General, in consultation with the Secretary of State, shall ensure that—

(A)

employees of theUnited States stationed at the preinspection station and their accompanying family members will receive appropriate protection;

(B)

such employees and their families will not be subject to unreasonable risks to their welfare and safety; and

(C)

the country in which the preinspection station is to be established maintains practices and procedures with respect to asylum seekers andrefugees in accordance with the Convention Relating to the Status ofRefugees (done at Geneva,July 28, 1951), or the Protocol Relating to the Status of Refugees(done at New York,January 31, 1967), or that an alienin the country otherwise has recourse to avenues of protection from return to persecution.

(b) Establishment of carrier consultant program and immigration security initiative

TheSecretary of Homeland Security shall assign additional immigration officersto assist air carriers in the detection of fraudulent documents at foreign airports which, based on the records maintained pursuant to subsection (a)(3), served as a point of departure for a significant number of arrivals at United Statesports of entry without valid documentation, but where no preinspection station exists. Beginning not later thanDecember 31, 2006, the number of airports selected for an assignment under this subsection shall be at least 50.

(June 27, 1952, ch. 477, title II, ch. 4, § 235A, as addedPub. L. 104–208, div. C, title I, § 123(a),Sept. 30, 1996,110 Stat. 3009–560; amendedPub. L. 108–458, title VII, §§ 7206(a), 7210(d)(1),Dec. 17, 2004,118 Stat. 3817, 3825.)

Editorial Notes

Codification

September 30, 1996, referred to in subsec. (a)(1), was in the original “the date of the enactment of such Act”, which was translated as meaning the date of enactment ofPub. L. 104–208, which enacted this section, to reflect the probable intent ofCongress.

Amendments

2004—Subsec. (a)(4).Pub. L. 108–458, § 7210(d)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “(4) Additional stations.—Subject to paragraph (5), not later thanOctober 31, 2000, the Attorney General, in consultation with the Secretary of State, shall establish preinspection stations in at least 5 additional foreign airports which the Attorney General, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3) and such other information as may be available, would most effectively reduce the number of alienswho arrive from abroad by air at points of entry within the United Stateswho are inadmissible to the United States. Such preinspection stations shall be in addition to those established prior toSeptember 30, 1996, or pursuant to paragraph (1).”

Subsec. (b).Pub. L. 108–458, § 7206(a), inserted “and immigration security initiative” after “program” in heading, substituted “Secretary of Homeland Security” for“Attorney General” in text, and inserted at end “Beginning not later thanDecember 31, 2006, the number of airports selected for an assignment under this subsection shall be at least 50.”

Statutory Notes and Related Subsidiaries

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.

Exchange of Terrorist Information and Increased Preinspection at Foreign Airports

Pub. L. 108–458, title VII, § 7210(a), (b),Dec. 17, 2004,118 Stat. 3824, provided that:

“(a) Findings.—Consistent with the report of theNational Commission on Terrorist Attacks Upon theUnited States,Congress makes the following findings:

“(1)

The exchange of terrorist information with other countries, consistent with privacy requirements, along with listings of lost and stolenpassports, will have immediate security benefits.

“(2)

The further away from the borders of theUnited States that screening occurs, the more security benefits theUnited States will gain.

“(b) Sense of Congress.—It is the sense ofCongress that—

“(1)

the Federal Government should exchange terrorist information with trusted allies;

“(2)

the Federal Government should move toward real-time verification ofpassports with issuing authorities;

“(3)

where practicable, the Federal Government should conduct screening before a passenger departs on a flight destined for theUnited States;

“(4)

the Federal Government should work with other countries to ensure effective inspection regimes at all airports;

“(5)

the Federal Government should work with other countries to improvepassport standards and provide foreign assistance to countries that need help making the transition to the global standard for identification; and

“(6)

theDepartment of Homeland Security, in coordination with theDepartment of State and other Federal agencies, should implement the initiatives called for in this subsection.”

CFR Title	Parts
8	241

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8 U.S. Code § 1225a - Preinspection at foreign airports

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