§ 1227. Deportable aliens
(a) Classes of deportable aliens
Any alien (including an alien crewman) in and
admitted to the United States shall, upon the
order of the Attorney General, be removed if the
alien is within one or more of the following
classes of deportable aliens:
(1) Inadmissible at time of entry or of adjust-
ment of status or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or ad-
justment of status was within one or more of
the classes of aliens inadmissible by the law
existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United
States in violation of this chapter or any
other law of the United States, or whose
nonimmigrant visa (or other documentation
authorizing
admission
into
the
United
States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is deport-
able.
(C) Violated nonimmigrant status or condi-
tion of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a non-
immigrant and who has failed to maintain
the nonimmigrant status in which the
alien was admitted or to which it was
changed under section 1258 of this title, or
to comply with the conditions of any such
status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health
and Human Services certifies has failed to
comply with terms, conditions, and con-
trols that were imposed under section
1182(g) of this title is deportable.
(D) Termination of conditional permanent
residence
(i) In general
Any alien with permanent resident sta-
tus on a conditional basis under section
1186a of this title (relating to conditional
permanent resident status for certain
alien spouses and sons and daughters) or
under section
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Authority boundary: historical or unconfirmed source not current law verified.
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Page 300
TITLE 8—ALIENS AND NATIONALITY
§ 1227
‘‘(4) the length of the detention for each alien so
certified; and
‘‘(5) the number of aliens so certified who—
‘‘(A) were granted any form of relief from re-
moval;
‘‘(B) were removed;
‘‘(C) the Attorney General has determined are no
longer aliens who may be so certified; or
‘‘(D) were released from detention.’’
§ 1227. Deportable aliens
(a) Classes of deportable aliens
Any alien (including an alien crewman) in and
admitted to the United States shall, upon the
order of the Attorney General, be removed if the
alien is within one or more of the following
classes of deportable aliens:
(1) Inadmissible at time of entry or of adjust-
ment of status or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or ad-
justment of status was within one or more of
the classes of aliens inadmissible by the law
existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United
States in violation of this chapter or any
other law of the United States, or whose
nonimmigrant visa (or other documentation
authorizing
admission
into
the
United
States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is deport-
able.
(C) Violated nonimmigrant status or condi-
tion of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a non-
immigrant and who has failed to maintain
the nonimmigrant status in which the
alien was admitted or to which it was
changed under section 1258 of this title, or
to comply with the conditions of any such
status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health
and Human Services certifies has failed to
comply with terms, conditions, and con-
trols that were imposed under section
1182(g) of this title is deportable.
(D) Termination of conditional permanent
residence
(i) In general
Any alien with permanent resident sta-
tus on a conditional basis under section
1186a of this title (relating to conditional
permanent resident status for certain
alien spouses and sons and daughters) or
under section 1186b of this title (relating
to conditional permanent resident status
for certain alien entrepreneurs, spouses,
and children) who has had such status ter-
minated under such respective section is
deportable.
(ii) Exception
Clause (i) shall not apply in the cases de-
scribed in section 1186a(c)(4) of this title
(relating to certain hardship waivers).
(E) Smuggling
(i) In general
Any alien who (prior to the date of
entry, at the time of any entry, or within
5 years of the date of any entry) knowingly
has encouraged, induced, assisted, abetted,
or aided any other alien to enter or to try
to enter the United States in violation of
law is deportable.
(ii) Special rule in the case of family reuni-
fication
Clause (i) shall not apply in the case of
alien who is an eligible immigrant (as de-
fined in section 301(b)(1) of the Immigra-
tion Act of 1990), was physically present in
the United States on May 5, 1988, and is
seeking admission as an immediate rel-
ative or under section 1153(a)(2) of this
title (including under section 112 of the
Immigration Act of 1990) or benefits under
section 301(a) of the Immigration Act of
1990 if the alien, before May 5, 1988, has en-
couraged, induced, assisted, abetted, or
aided only the alien’s spouse, parent, son,
or daughter (and no other individual) to
enter the United States in violation of law.
(iii) Waiver authorized
The Attorney General may, in his discre-
tion for humanitarian purposes, to assure
family unity, or when it is otherwise in
the public interest, waive application of
clause (i) in the case of any alien lawfully
admitted for permanent residence if the
alien has encouraged, induced, assisted,
abetted, or aided only an individual who at
the time of the offense was the alien’s
spouse, parent, son, or daughter (and no
other individual) to enter the United
States in violation of law.
(F) Repealed. Pub. L. 104–208, div. C, title VI,
§ 671(d)(1)(C), Sept. 30, 1996, 110 Stat.
3009–723
(G) Marriage fraud
An alien shall be considered to be deport-
able as having procured a visa or other docu-
mentation by fraud (within the meaning of
section 1182(a)(6)(C)(i) of this title) and to be
in the United States in violation of this
chapter (within the meaning of subpara-
graph (B)) if—
(i) the alien obtains any admission into
the United States with an immigrant visa
or other documentation procured on the
basis of a marriage entered into less than
2 years prior to such admission of the alien
and which, within 2 years subsequent to
any admission of the alien in the United
States, shall be judicially annulled or ter-
minated, unless the alien establishes to
the satisfaction of the Attorney General
that such marriage was not contracted for
the purpose of evading any provisions of
the immigration laws, or
(ii) it appears to the satisfaction of the
Attorney General that the alien has failed
or refused to fulfill the alien’s marital
agreement which in the opinion of the At-
torney General was made for the purpose
Page 301
TITLE 8—ALIENS AND NATIONALITY
§ 1227
of procuring the alien’s admission as an
immigrant.
(H) Waiver authorized for certain misrepre-
sentations
The provisions of this paragraph relating
to the removal of aliens within the United
States on the ground that they were inad-
missible at the time of admission as aliens
described in section 1182(a)(6)(C)(i) of this
title, whether willful or innocent, may, in
the discretion of the Attorney General, be
waived for any alien (other than an alien de-
scribed in paragraph (4)(D)) who—
(i)(I) is the spouse, parent, son, or daugh-
ter of a citizen of the United States or of
an alien lawfully admitted to the United
States for permanent residence; and
(II) was in possession of an immigrant
visa or equivalent document and was oth-
erwise admissible to the United States at
the time of such admission except for
those grounds of inadmissibility specified
under paragraphs (5)(A) and (7)(A) of sec-
tion 1182(a) of this title which were a di-
rect result of that fraud or misrepresenta-
tion.
(ii) is a VAWA self-petitioner.
A waiver of removal for fraud or misrepre-
sentation granted under this subparagraph
shall also operate to waive removal based on
the grounds of inadmissibility directly re-
sulting from such fraud or misrepresenta-
tion.
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude
Any alien who—
(I) is convicted of a crime involving
moral turpitude committed within five
years (or 10 years in the case of an alien
provided lawful permanent resident sta-
tus under section 1255(j) of this title)
after the date of admission, and
(II) is convicted of a crime for which a
sentence of one year or longer may be
imposed,
is deportable.
(ii) Multiple criminal convictions
Any alien who at any time after admis-
sion is convicted of two or more crimes in-
volving moral turpitude, not arising out of
a single scheme of criminal misconduct,
regardless of whether confined therefor
and regardless of whether the convictions
were in a single trial, is deportable.
(iii) Aggravated felony
Any alien who is convicted of an aggra-
vated felony at any time after admission is
deportable.
(iv) High speed flight
Any alien who is convicted of a violation
of section 758 of title 18 (relating to high
speed flight from an immigration check-
point) is deportable.
(v) Failure to register as a sex offender
Any alien who is convicted under section
2250 of title 18 is deportable.
(vi) Waiver authorized
Clauses (i), (ii), (iii), and (iv) shall not
apply in the case of an alien with respect
to a criminal conviction if the alien subse-
quent to the criminal conviction has been
granted a full and unconditional pardon by
the President of the United States or by
the Governor of any of the several States.
(B) Controlled substances
(i) Conviction
Any alien who at any time after admis-
sion has been convicted of a violation of
(or a conspiracy or attempt to violate) any
law or regulation of a State, the United
States, or a foreign country relating to a
controlled substance (as defined in section
802 of title 21), other than a single offense
involving possession for one’s own use of 30
grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts
Any alien who is, or at any time after
admission has been, a drug abuser or ad-
dict is deportable.
(C) Certain firearm offenses
Any alien who at any time after admission
is convicted under any law of purchasing,
selling, offering for sale, exchanging, using,
owning, possessing, or carrying, or of at-
tempting or conspiring to purchase, sell,
offer for sale, exchange, use, own, possess, or
carry, any weapon, part, or accessory which
is a firearm or destructive device (as defined
in section 921(a) of title 18) in violation of
any law is deportable.
(D) Miscellaneous crimes
Any alien who at any time has been con-
victed (the judgment on such conviction be-
coming final) of, or has been so convicted of
a conspiracy or attempt to violate—
(i) any offense under chapter 37 (relating
to espionage), chapter 105 (relating to sab-
otage), or chapter 115 (relating to treason
and sedition) of title 18 for which a term of
imprisonment of five or more years may be
imposed;
(ii) any offense under section 871 or 960 of
title 18;
(iii) a violation of any provision of the
Military Selective Service Act (50 U.S.C.
App. 451 et seq.) [now 50 U.S.C. 3801 et seq.]
or the Trading With the Enemy Act (50
U.S.C. App. 1 et seq.) [now 50 U.S.C. 4301 et
seq.]; or
(iv) a violation of section 1185 or 1328 of
this title,
is deportable.
(E) Crimes of domestic violence, stalking, or
violation of protection order, crimes
against children and
(i) Domestic violence, stalking, and child
abuse
Any alien who at any time after admis-
sion is convicted of a crime of domestic vi-
olence, a crime of stalking, or a crime of
child abuse, child neglect, or child aban-
donment is deportable. For purposes of
Page 302
TITLE 8—ALIENS AND NATIONALITY
§ 1227
this clause, the term ‘‘crime of domestic
violence’’ means any crime of violence (as
defined in section 16 of title 18) against a
person committed by a current or former
spouse of the person, by an individual with
whom the person shares a child in com-
mon, by an individual who is cohabiting
with or has cohabited with the person as a
spouse, by an individual similarly situated
to a spouse of the person under the domes-
tic or family violence laws of the jurisdic-
tion where the offense occurs, or by any
other individual against a person who is
protected
from
that
individual’s
acts
under the domestic or family violence laws
of the United States or any State, Indian
tribal government, or unit of local govern-
ment.
(ii) Violators of protection orders
Any alien who at any time after admis-
sion is enjoined under a protection order
issued by a court and whom the court de-
termines has engaged in conduct that vio-
lates the portion of a protection order that
involves
protection
against
credible
threats of violence, repeated harassment,
or bodily injury to the person or persons
for whom the protection order was issued
is deportable. For purposes of this clause,
the term ‘‘protection order’’ means any in-
junction issued for the purpose of pre-
venting violent or threatening acts of do-
mestic violence, including temporary or
final orders issued by civil or criminal
courts (other than support or child cus-
tody orders or provisions) whether ob-
tained by filing an independent action or
as a pendente lite order in another pro-
ceeding.
(F) Trafficking
Any alien described in section 1182(a)(2)(H)
of this title is deportable.
(3) Failure to register and falsification of docu-
ments
(A) Change of address
An alien who has failed to comply with the
provisions of section 1305 of this title is de-
portable, unless the alien establishes to the
satisfaction of the Attorney General that
such failure was reasonably excusable or was
not willful.
(B) Failure to register or falsification of doc-
uments
Any alien who at any time has been con-
victed—
(i) under section 1306(c) of this title or
under section 36(c) of the Alien Registra-
tion Act, 1940,
(ii) of a violation of, or an attempt or a
conspiracy to violate, any provision of the
Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a
conspiracy to violate, section 1546 of title
18 (relating to fraud and misuse of visas,
permits, and other entry documents),
is deportable.
(C) Document fraud
(i) In general
An alien who is the subject of a final
order for violation of section 1324c of this
title is deportable.
(ii) Waiver authorized
The Attorney General may waive clause
(i) in the case of an alien lawfully admit-
ted for permanent residence if no previous
civil money penalty was imposed against
the alien under section 1324c of this title
and the offense was incurred solely to as-
sist, aid, or support the alien’s spouse or
child (and no other individual). No court
shall have jurisdiction to review a decision
of the Attorney General to grant or deny a
waiver under this clause.
(D) Falsely claiming citizenship
(i) In general
Any alien who falsely represents, or has
falsely represented, himself to be a citizen
of the United States for any purpose or
benefit under this chapter (including sec-
tion 1324a of this title) or any Federal or
State law is deportable.
(ii) Exception
In the case of an alien making a rep-
resentation described in clause (i), if each
natural parent of the alien (or, in the case
of an adopted alien, each adoptive parent
of the alien) is or was a citizen (whether by
birth or naturalization), the alien perma-
nently resided in the United States prior
to attaining the age of 16, and the alien
reasonably believed at the time of making
such representation that he or she was a
citizen, the alien shall not be considered to
be deportable under any provision of this
subsection based on such representation.
(4) Security and related grounds
(A) In general
Any alien who has engaged, is engaged, or
at any time after admission engages in—
(i) any activity to violate any law of the
United States relating to espionage or sab-
otage or to violate or evade any law pro-
hibiting the export from the United States
of goods, technology, or sensitive informa-
tion,
(ii) any other criminal activity which
endangers public safety or national secu-
rity, or
(iii) any activity a purpose of which is
the opposition to, or the control or over-
throw of, the Government of the United
States by force, violence, or other unlaw-
ful means,
is deportable.
(B) Terrorist activities
Any alien who is described in subpara-
graph (B) or (F) of section 1182(a)(3) of this
title is deportable.
(C) Foreign policy
(i) In general
An alien whose presence or activities in
the United States the Secretary of State
Page 303
TITLE 8—ALIENS AND NATIONALITY
§ 1227
1 So in original. No cl. (ii) has been enacted.
2 So in original. Probably should be ‘‘in’’.
has reasonable ground to believe would
have potentially serious adverse foreign
policy consequences for the United States
is deportable.
(ii) Exceptions
The exceptions described in clauses (ii)
and (iii) of section 1182(a)(3)(C) of this title
shall apply to deportability under clause
(i) in the same manner as they apply to in-
admissibility under section 1182(a)(3)(C)(i)
of this title.
(D) Participated in Nazi persecution, geno-
cide, or the commission of any act of tor-
ture or extrajudicial killing
Any alien described in clause (i), (ii), or
(iii) of section 1182(a)(3)(E) of this title is de-
portable.
(E) Participated in the commission of severe
violations of religious freedom
Any alien described in section 1182(a)(2)(G)
of this title is deportable.
(F) Recruitment or use of child soldiers
Any alien who has engaged in the recruit-
ment or use of child soldiers in violation of
section 2442 of title 18 is deportable.
(5) Public charge
Any alien who, within five years after the
date of entry, has become a public charge from
causes not affirmatively shown to have arisen
since entry is deportable.
(6) Unlawful voters
(A) In general
Any alien who has voted in violation of
any Federal, State, or local constitutional
provision, statute, ordinance, or regulation
is deportable.
(B) Exception
In the case of an alien who voted in a Fed-
eral, State, or local election (including an
initiative, recall, or referendum) in violation
of a lawful restriction of voting to citizens,
if each natural parent of the alien (or, in the
case of an adopted alien, each adoptive par-
ent of the alien) is or was a citizen (whether
by birth or naturalization), the alien perma-
nently resided in the United States prior to
attaining the age of 16, and the alien reason-
ably believed at the time of such violation
that he or she was a citizen, the alien shall
not be considered to be deportable under any
provision of this subsection based on such
violation.
(7) Waiver for victims of domestic violence
(A) In general
The Attorney General is not limited by the
criminal court record and may waive the ap-
plication of paragraph (2)(E)(i) (with respect
to crimes of domestic violence and crimes of
stalking) and (ii) in the case of an alien who
has been battered or subjected to extreme
cruelty and who is not and was not the pri-
mary perpetrator of violence in the relation-
ship—
(i) 1 upon a determination that—
(I) the alien was acting is 2 self-defense;
(II) the alien was found to have vio-
lated a protection order intended to pro-
tect the alien; or
(III) the alien committed, was arrested
for, was convicted of, or pled guilty to
committing a crime—
(aa) that did not result in serious
bodily injury; and
(bb) where there was a connection be-
tween the crime and the alien’s having
been battered or subjected to extreme
cruelty.
(B) Credible evidence considered
In acting on applications under this para-
graph, the Attorney General shall consider
any credible evidence relevant to the appli-
cation. The determination of what evidence
is credible and the weight to be given that
evidence shall be within the sole discretion
of the Attorney General.
(b) Deportation of certain nonimmigrants
An alien, admitted as a nonimmigrant under
the provisions of either section 1101(a)(15)(A)(i)
or 1101(a)(15)(G)(i) of this title, and who fails to
maintain a status under either of those provi-
sions, shall not be required to depart from the
United States without the approval of the Sec-
retary of State, unless such alien is subject to
deportation under paragraph (4) of subsection
(a).
(c) Waiver of grounds for deportation
Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and
(3)(A) of subsection (a) (other than so much of
paragraph (1) as relates to a ground of inadmis-
sibility described in paragraph (2) or (3) of sec-
tion 1182(a) of this title) shall not apply to a spe-
cial immigrant described in section 1101(a)(27)(J)
of this title based upon circumstances that ex-
isted before the date the alien was provided such
special immigrant status.
(d) Administrative stay
(1) If the Secretary of Homeland Security de-
termines that an application for nonimmigrant
status under subparagraph (T) or (U) of section
1101(a)(15) of this title filed for an alien in the
United States sets forth a prima facie case for
approval, the Secretary may grant the alien an
administrative stay of a final order of removal
under section 1231(c)(2) of this title until—
(A) the application for nonimmigrant status
under such subparagraph (T) or (U) is ap-
proved; or
(B) there is a final administrative denial of
the application for such nonimmigrant status
after the exhaustion of administrative ap-
peals.
(2) The denial of a request for an administra-
tive stay of removal under this subsection shall
not preclude the alien from applying for a stay
of removal, deferred action, or a continuance or
abeyance of removal proceedings under any
other provision of the immigration laws of the
United States.
(3) During any period in which the administra-
tive stay of removal is in effect, the alien shall
not be removed.
Page 304
TITLE 8—ALIENS AND NATIONALITY
§ 1227
(4) Nothing in this subsection may be con-
strued to limit the authority of the Secretary of
Homeland Security or the Attorney General to
grant a stay of removal or deportation in any
case not described in this subsection.
(June 27, 1952, ch. 477, title II, ch. 4, § 237, for-
merly ch. 5, § 241, 66 Stat. 204; July 18, 1956, ch.
629, title III, § 301(b), (c), 70 Stat. 575; Pub. L.
86–648, § 9, July 14, 1960, 74 Stat. 505; Pub. L.
87–301, § 16, Sept. 26, 1961, 75 Stat. 655; Pub. L.
89–236, § 11(e), Oct. 3, 1965, 79 Stat. 918; Pub. L.
94–571, § 7(e), Oct. 20, 1976, 90 Stat. 2706; Pub. L.
95–549, title I, § 103, Oct. 30, 1978, 92 Stat. 2065;
Pub. L. 97–116, § 8, Dec. 29, 1981, 95 Stat. 1616;
Pub. L. 99–570, title I, § 1751(b), Oct. 27, 1986, 100
Stat. 3207–47; Pub. L. 99–603, title III, § 303(b),
Nov. 6, 1986, 100 Stat. 3431; Pub. L. 99–639, § 2(b),
Nov. 10, 1986, 100 Stat. 3541; Pub. L. 99–653, § 7(c),
Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525,
§§ 2(n)(2), 9(m), Oct. 24, 1988, 102 Stat. 2613, 2620;
Pub. L. 100–690, title VII, §§ 7344(a), 7348(a), Nov.
18, 1988, 102 Stat. 4470, 4473; Pub. L. 101–649, title
I, § 153(b), title V, §§ 505(a), 508(a), 544(b), title VI,
§ 602(a), (b), Nov. 29, 1990, 104 Stat. 5006, 5050, 5051,
5061, 5077, 5081; Pub. L. 102–232, title III,
§§ 302(d)(3), 307(h), (k), Dec. 12, 1991, 105 Stat. 1745,
1755, 1756; Pub. L. 103–322, title XIII, § 130003(d),
Sept. 13, 1994, 108 Stat. 2026; Pub. L. 103–416, title
II, §§ 203(b), 219(g), Oct. 25, 1994, 108 Stat. 4311,
4317; Pub. L. 104–132, title IV, §§ 414(a), 435(a),
Apr. 24, 1996, 110 Stat. 1270, 1274; renumbered ch.
4, § 237, and amended Pub. L. 104–208, div. C, title
I, § 108(c), title III, §§ 301(d), 305(a)(2), 308(d)(2),
(3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5), 344(b),
345(b), 347(b), 350(a), 351(b), title VI, § 671(a)(4)(B),
(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009–558,
3009–579, 3009–598, 3009–617, 3009–619 to 3009–622,
3009–637 to 3009–640, 3009–721, 3009–723; Pub. L.
106–386, div. B, title V, § 1505(b)(1), (c)(2), Oct. 28,
2000, 114 Stat. 1525, 1526; Pub. L. 106–395, title II,
§ 201(c)(1), (2), Oct. 30, 2000, 114 Stat. 1634, 1635;
Pub. L. 107–56, title IV, § 411(b)(1), Oct. 26, 2001,
115 Stat. 348; Pub. L. 108–458, title V, §§ 5304(b),
5402, 5501(b), 5502(b), Dec. 17, 2004, 118 Stat. 3736,
3737, 3740, 3741; Pub. L. 109–13, div. B, title I,
§ 105(a)(1), (b), May 11, 2005, 119 Stat. 309, 310;
Pub. L. 109–248, title IV, § 401, July 27, 2006, 120
Stat. 622; Pub. L. 109–271, § 6(c), Aug. 12, 2006, 120
Stat. 763; Pub. L. 110–340, § 2(c), Oct. 3, 2008, 122
Stat. 3736; Pub. L. 110–457, title II, §§ 204, 222(f)(2),
Dec. 23, 2008, 122 Stat. 5060, 5071.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1)(B), (G),
(3)(D)(i), was in the original, ‘‘this Act’’, meaning act
June 27, 1952, ch. 477, 66 Stat. 163, known as the Immi-
gration and Nationality Act, which is classified prin-
cipally 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.
Section 301 of the Immigration Act of 1990, referred to
in subsec. (a)(1)(E)(ii), is section 301 of Pub. L. 101–649,
which is set out as a note under section 1255a of this
title.
Section 112 of the Immigration Act of 1990, referred to
in subsec. (a)(1)(E)(ii), is section 112 of Pub. L. 101–649,
which is set out as a note under section 1153 of this
title.
The Military Selective Service Act, referred to in
subsec. (a)(2)(D)(iii), is act June 24, 1948, ch. 625, 62 Stat.
604, which was classified principally to section 451 et
seq. of the former Appendix to Title 50, War and Na-
tional Defense, prior to editorial reclassification and
renumbering as chapter 49 (§ 3801 et seq.) of Title 50. For
complete classification of this Act to the Code, see Ta-
bles.
The Trading With the Enemy Act, referred to in sub-
sec. (a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106, 40 Stat. 411,
which was classified to sections 1 to 6, 7 to 39 and 41 to
44 of the former Appendix to Title 50, War and National
Defense, prior to editorial reclassification and renum-
bering as chapter 53 (§ 4301 et seq.) of Title 50. For com-
plete classification of this Act to the Code, see Tables.
The Alien Registration Act, 1940, referred to in sub-
sec. (a)(3)(B)(i), is act June 28, 1940, ch. 439, 54 Stat. 670.
Section 36(a) of that act was classified to section 457(c)
of this title and was repealed by section 403(a)(39) of act
June 27, 1952.
The Foreign Agents Registration Act of 1938, referred
to in subsec. (a)(3)(B)(ii), is act June 8, 1938, ch. 327, 52
Stat. 631, which is classified generally to subchapter II
(§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act
to the Code, see Short Title note set out under section
611 of Title 22 and Tables.
Section was formerly classified to section 1251 of this
title prior to renumbering by Pub. L. 104–208.
PRIOR PROVISIONS
A prior section 1227, acts June 27, 1952, ch. 477, title
II, ch. 4, § 237, 66 Stat. 201; Dec. 29, 1981, Pub. L. 97–116,
§ 7, 95 Stat. 1615; Oct. 18, 1986, Pub. L. 99–500, § 101(b)
[title II, § 206(b)(2)], as added Oct. 24, 1988, Pub. L.
100–525, § 4(b)(4), 102 Stat. 2615; Oct. 24, 1988, Pub. L.
100–525, § 9(l), 102 Stat. 2620; Nov. 29, 1990, Pub. L.
101–649, title V, § 543(a)(2), 104 Stat. 5057; Dec. 12, 1991,
Pub. L. 102–232, title III, § 306(c)(4)(B), 105 Stat. 1752;
Apr. 24, 1996, Pub. L. 104–132, title IV, § 422(b), 110 Stat.
1272; Sept. 30, 1996, Pub. L. 104–208, div. C, title III,
§ 308(d)(5), 110 Stat. 3009–619, related to immediate de-
portation of aliens excluded from admission or entering
in violation of law, prior to repeal by Pub. L. 104–208,
div. C, title III, §§ 305(a)(1), 309, Sept. 30, 1996, 110 Stat.
3009–597, 3009–625, effective, with certain transitional
provisions, on the first day of the first month begin-
ning more than 180 days after Sept. 30, 1996. See section
1231 of this title.
AMENDMENTS
2008—Subsec. (a)(2)(F). Pub. L. 110–457, § 222(f)(2),
added subpar. (F).
Subsec. (a)(4)(F). Pub. L. 110–340 added subpar. (F).
Subsec. (d). Pub. L. 110–457, § 204, added subsec. (d).
2006—Subsec. (a)(1)(H)(ii). Pub. L. 109–271 amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as fol-
lows: ‘‘is an alien who qualifies for classification under
clause (iii) or (iv) of section 1154(a)(1)(A) of this title or
clause (ii) or (iii) of section 1154(a)(1)(B) of this title.’’
Subsec. (a)(2)(A)(v), (vi). Pub. L. 109–248 added cl. (v)
and redesignated former cl. (v) as (vi).
2005—Subsec. (a)(4)(B). Pub. L. 109–13, § 105(a)(1), reen-
acted heading without change and amended text gen-
erally. Prior to amendment, text read as follows: ‘‘Any
alien who has engaged, is engaged, or at any time after
admission engages in any terrorist activity (as defined
in section 1182(a)(3)(B)(iv) of this title) is deportable.’’
Subsec. (a)(4)(E). Pub. L. 109–13, § 105(b), repealed Pub.
L. 108–458, § 5402. See 2004 Amendment note below.
2004—Subsec. (a)(1)(B). Pub. L. 108–458, § 5304(b), sub-
stituted ‘‘United States, or whose nonimmigrant visa
(or other documentation authorizing admission into
the United States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is’’ for ‘‘United States
is’’.
Subsec. (a)(4)(D). Pub. L. 108–458, § 5501(b), substituted
‘‘Participated in Nazi persecution, genocide, or the
commission of any act of torture or extrajudicial kill-
ing’’ for ‘‘Assisted in Nazi persecution or engaged in
genocide’’ in heading and ‘‘clause (i), (ii), or (iii)’’ for
‘‘clause (i) or (ii)’’ in text.
Page 305
TITLE 8—ALIENS AND NATIONALITY
§ 1227
Subsec. (a)(4)(E). Pub. L. 108–458, § 5502(b), added sub-
par. (E) relating to participation in the commission of
severe violations of religious freedom.
Pub. L. 108–458, § 5402, which added subpar. (E) relat-
ing to recipient of military-type training, was repealed
by Pub. L. 109–13, § 105(b). See Effective Date of 2005
Amendment note below.
2001—Subsec. (a)(4)(B). Pub. L. 107–56 substituted
‘‘section 1182(a)(3)(B)(iv) of this title’’ for ‘‘section
1182(a)(3)(B)(iii) of this title’’.
2000—Subsec. (a)(1)(H). Pub. L. 106–386, § 1505(c)(2), re-
designated cls. (i) and (ii) as subcls. (I) and (II), respec-
tively, of cl. (i), and added cl. (ii).
Subsec. (a)(3)(D). Pub. L. 106–395, § 201(c)(2), amended
heading and text of subpar. (D) generally. Prior to
amendment, text read as follows: ‘‘Any alien who false-
ly represents, or has falsely represented, himself to be
a citizen of the United States for any purpose or benefit
under this chapter (including section 1324a of this title)
or any Federal or State law is deportable.’’
Subsec. (a)(6). Pub. L. 106–395, § 201(c)(1), amended
heading and text of par. (6) generally. Prior to amend-
ment, text read as follows: ‘‘Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is deport-
able.’’
Subsec. (a)(7). Pub. L. 106–386, § 1505(b)(1), added par.
(7).
1996—Subsec. (a). Pub. L. 104–208, § 308(e)(2)(C), sub-
stituted ‘‘removed’’ for ‘‘deported’’ in introductory pro-
visions.
Pub. L. 104–208, § 301(d)(1), substituted ‘‘in and admit-
ted to the United States’’ for ‘‘in the United States’’ in
introductory provisions.
Subsec. (a)(1). Pub. L. 104–208, § 301(d)(2), substituted
‘‘Inadmissible’’ for ‘‘Excludable’’ in par. heading.
Subsec.
(a)(1)(A).
Pub.
L.
104–208,
§§ 301(d)(3),
308(d)(3)(A), amended subpar. (A) identically, sub-
stituting ‘‘inadmissible’’ for ‘‘excludable’’.
Pub. L. 104–208, § 301(d)(2), substituted ‘‘Inadmissible’’
for ‘‘Excludable’’ in subpar. heading.
Subsec. (a)(1)(B). Pub. L. 104–208, § 301(d)(4), amended
heading and text of subpar. (B) generally. Prior to
amendment, text read as follows: ‘‘Any alien who en-
tered the United States without inspection or at any
time or place other than as designated by the Attorney
General or is in the United States in violation of this
chapter or any other law of the United States is deport-
able.’’
Subsec. (a)(1)(E)(iii). Pub. L. 104–208, § 351(b), inserted
‘‘an individual who at the time of the offense was’’
after ‘‘aided only’’.
Subsec. (a)(1)(F). Pub. L. 104–208, § 671(d)(1)(C), struck
out heading and text of subpar. (F). Text read as fol-
lows: ‘‘Any alien who obtains the status of an alien
lawfully admitted for temporary residence under sec-
tion 1161 of this title who fails to meet the requirement
of section 1161(d)(5)(A) of this title by the end of the ap-
plicable period is deportable.’’
Subsec. (a)(1)(G). Pub. L. 104–208, § 308(f)(1)(L), sub-
stituted ‘‘admission’’ for ‘‘entry’’ wherever appearing.
Subsec. (a)(1)(H). Pub. L. 104–208, § 308(f)(5), which di-
rected amendment of subsec. (a)(1)(H)(ii) by striking
‘‘at entry’’, was executed by striking ‘‘at entry’’ after
‘‘grounds of inadmissibility’’ in concluding provisions
of subpar. (H) to reflect the probable intent of Con-
gress.
Pub. L. 104–208, § 308(f)(1)(M), substituted ‘‘admission
as aliens’’ for ‘‘entry as aliens’’ in introductory provi-
sions and ‘‘such admission’’ for ‘‘such entry’’ in cl. (ii).
Pub. L. 104–208, § 308(e)(1)(E), substituted ‘‘removal’’
for ‘‘deportation’’ wherever appearing.
Pub. L. 104–208, § 308(d)(2)(A), (3)(A), amended subpar.
(H) identically, substituting ‘‘inadmissible’’ for ‘‘ex-
cludable’’ in introductory provisions.
Subsec. (a)(2)(A)(i)(I). Pub. L. 104–208, § 671(a)(4)(B),
substituted ‘‘1255(j)’’ for ‘‘1255(i)’’.
Pub. L. 104–208, § 308(f)(1)(N), substituted ‘‘admission’’
for ‘‘entry’’.
Subsec. (a)(2)(A)(i)(II). Pub. L. 104–132, § 435(a), amend-
ed subcl. (II) generally. Prior to amendment, subcl. (II)
read as follows: ‘‘either is sentenced to confinement or
is confined therefor in a prison or correctional institu-
tion for one year or longer,’’.
Subsec. (a)(2)(A)(ii), (iii). Pub. L. 104–208, § 308(f)(1)(N),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(2)(A)(iv). Pub. L. 104–208, § 108(c)(2), added
cl. (iv). Former cl. (iv) redesignated (v).
Subsec. (a)(2)(A)(v). Pub. L. 104–208, § 108(c)(3), sub-
stituted ‘‘(iii), and (iv)’’ for ‘‘and (iii)’’.
Pub. L. 104–208, § 108(c)(1), redesignated cl. (iv) as (v).
Subsec. (a)(2)(B). Pub. L. 104–208, § 308(f)(1)(N), sub-
stituted ‘‘admission’’ for ‘‘entry’’ in cls. (i) and (ii).
Subsec. (a)(2)(C). Pub. L. 104–208, § 308(f)(1)(N), sub-
stituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(2)(E). Pub. L. 104–208, § 350(a), added sub-
par. (E).
Subsec. (a)(2)(E)(i), (ii). Pub. L. 104–208, § 308(f)(1)(N),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(3)(C). Pub. L. 104–208, § 345(b), amended
heading and text of subpar. (C) generally. Prior to
amendment, text read as follows: ‘‘Any alien who is the
subject of a final order for violation of section 1324c of
this title is deportable.’’
Subsec. (a)(3)(D). Pub. L. 104–208, § 344(b), added sub-
par. (D).
Subsec. (a)(4)(A), (B). Pub. L. 104–208, § 308(f)(1)(N),
substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(4)(C)(ii). Pub. L. 104–208, § 308(d)(2)(B), sub-
stituted ‘‘inadmissibility’’ for ‘‘excludability’’.
Subsec. (a)(6). Pub. L. 104–208, § 347(b), added par. (6).
Subsec. (c). Pub. L. 104–208, § 308(d)(2)(C), substituted
‘‘inadmissibility’’ for ‘‘exclusion’’.
Subsec. (d). Pub. L. 104–208, § 308(d)(2)(D), struck out
subsec. (d) which read as follows: ‘‘Notwithstanding
any other provision of this subchapter, an alien found
in the United States who has not been admitted to the
United States after inspection in accordance with sec-
tion 1225 of this title is deemed for purposes of this
chapter to be seeking entry and admission to the
United States and shall be subject to examination and
exclusion by the Attorney General under part IV of this
subchapter. In the case of such an alien the Attorney
General shall provide by regulation an opportunity for
the alien to establish that the alien was so admitted.’’
Pub. L. 104–132, § 414(a), added subsec. (d).
1994—Subsec. (a)(2)(A)(i)(I). Pub. L. 103–322 inserted
‘‘(or 10 years in the case of an alien provided lawful per-
manent resident status under section 1255(i) of this
title)’’ after ‘‘five years’’.
Subsec. (a)(2)(C). Pub. L. 103–416, § 203(b)(1), sub-
stituted ‘‘, or of attempting or conspiring to purchase,
sell, offer for sale, exchange, use, own, possess, or
carry,’’ for ‘‘in violation of any law,’’ and inserted ‘‘in
violation of any law’’ after ‘‘title 18)’’.
Subsec. (a)(3)(B)(ii), (iii). Pub. L. 103–416, § 203(b)(2),
inserted ‘‘an attempt or’’ before ‘‘a conspiracy’’.
Subsec. (c). Pub. L. 103–416, § 219(g), substituted ‘‘and
(3)(A) of subsection (a)’’ for ‘‘or (3)(A) of subsection
(a)’’.
1991—Subsec. (a). Pub. L. 102–232, § 307(h)(1), sub-
stituted ‘‘if the alien is within one or more of the fol-
lowing classes of deportable aliens’’ for ‘‘if the alien is
deportable as being within one or more of the following
classes of aliens’’.
Subsec. (a)(1)(D)(i). Pub. L. 102–232, § 307(h)(2), in-
serted ‘‘respective’’ after ‘‘terminated under such’’.
Subsec. (a)(1)(E)(i). Pub. L. 102–232, § 307(h)(3), inserted
‘‘any’’ after ‘‘at the time of’’ and after ‘‘within 5 years
of the date of’’ in parenthetical provision.
Subsec. (a)(1)(E)(ii), (iii). Pub. L. 102–232, § 307(h)(4),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(1)(G). Pub. L. 102–232, § 307(h)(5), sub-
stituted
‘‘section
1182(a)(6)(C)(i)’’
for
‘‘section
1182(a)(5)(C)(i)’’.
Subsec. (a)(1)(H). Pub. L. 102–232, § 307(h)(6), sub-
stituted ‘‘paragraph (4)(D)’’ for ‘‘paragraph (6) or (7)’’.
Subsec. (a)(2)(D). Pub. L. 102–232, § 307(h)(7), inserted
‘‘or attempt’’ after ‘‘conspiracy’’.
Subsec. (a)(3)(C). Pub. L. 102–232, § 307(h)(8), added sub-
par. (C).
Page 306
TITLE 8—ALIENS AND NATIONALITY
§ 1227
Subsec. (a)(4)(A), (B). Pub. L. 102–232, § 307(h)(9), sub-
stituted ‘‘after entry engages’’ for ‘‘after entry has en-
gaged’’.
Subsec. (a)(4)(C). Pub. L. 102–232, § 307(h)(10), sub-
stituted ‘‘excludability’’ for ‘‘excluability’’.
Subsec. (c). Pub. L. 102–232, § 307(k)(2), redesignated
subsec. (h) as (c) and substituted ‘‘existed’’ for ‘‘exist’’.
Subsec. (d). Pub. L. 102–232, § 307(k)(1), struck out sub-
sec. (d) which related to applicability of this section to
aliens belonging to any of the classes enumerated in
subsection (a) of this section.
Subsec. (h). Pub. L. 102–232, § 307(k)(2), redesignated
subsec. (h) as (c).
Pub. L. 102–232, § 302(d)(3), struck out comma after
‘‘(3)(A)’’.
1990—Subsec. (a). Pub. L. 101–649, § 602(a), amended
subsec. (a) generally, consolidating 20 categories of ex-
cludable aliens into 5 broader classes.
Pub. L. 101–649, § 544(b), added par. (21) which read as
follows: ‘‘is the subject of a final order for violation of
section 1324c of this title.’’
Pub. L. 101–649, § 508(a), substituted ‘‘conspiracy or at-
tempt’’ for ‘‘conspiracy’’ in par. (11).
Subsec. (b). Pub. L. 101–649, § 602(b), redesignated sub-
sec. (e) as (b), substituted ‘‘paragraph (4) of subsection
(a)’’ for ‘‘subsection (a)(6) or (7) of this section’’ and
struck out former subsec. (b) which related to non-
applicability of subsec. (a)(4) of this section.
Pub. L. 101–649, § 505(a), struck out ‘‘(1)’’ after ‘‘crimes
shall not apply’’ and ‘‘, or (2) if the court sentencing
such alien for such crime shall make, at the time of
first imposing judgment or passing sentence, or within
thirty days thereafter, a recommendation to the Attor-
ney General that such alien not be deported, due notice
having been given prior to making such recommenda-
tion to representatives of the interested State, the
Service, and prosecution authorities, who shall be
granted an opportunity to make representations in the
matter’’ at end of first sentence, and inserted ‘‘or who
has been convicted of an aggravated felony’’ after ‘‘sub-
section (a)(11) of this section’’ in second sentence.
Subsec. (c). Pub. L. 101–649, § 602(b)(1), struck out sub-
sec. (c) which related to fraudulent entry.
Subsec. (e). Pub. L. 101–649, § 602(b)(2)(B), redesignated
subsec. (e) as (b).
Subsecs. (f), (g). Pub. L. 101–649, § 602(b)(1), struck out
subsecs. (f) and (g) which related to waiver of deporta-
tion in specified cases and hardship waivers, respec-
tively.
Subsec. (h). Pub. L. 101–649, § 153(b)(2), amended sub-
sec. (h) generally. Prior to amendment, subsec. (h) read
as follows: ‘‘Paragraphs (1), (2), (5), (9), or (12) of sub-
section (a) of this section (other than so much of para-
graph (1) as relates to a ground of exclusion described
in paragraph (9), (10), (23), (27), (29), or (33) of section
1182(a) of this title) shall not apply to a special immi-
grant described in section 1101(a)(27)(J) of this title
based upon circumstances that exist before the date the
alien was provided such special immigrant status.’’
Pub. L. 101–649, § 153(b)(1), added subsec. (h).
1988—Subsec. (a)(4). Pub. L. 100–690, § 7344(a), inserted
cl. (B).
Subsec. (a)(14). Pub. L. 100–690 inserted ‘‘any firearm
or destructive device (as defined in paragraphs (3) and
(4)), respectively, of section 921(a) of title 18, or any re-
volver or’’ after ‘‘law’’.
Subsec. (a)(17). Pub. L. 100–525, § 9(m), substituted
‘‘amendment, thereof, known as the Trading With the
Enemy Act’’ for ‘‘amendment thereof; the Trading With
the Enemy Act’’.
Subsec. (a)(20). Pub. L. 100–525, § 2(n)(2), substituted
‘‘an alien lawfully admitted’’ for ‘‘an alien who be-
comes lawfully admitted’’.
1986—Subsec. (a)(9). Pub. L. 99–639, § 2(b)(1), des-
ignated existing provisions as cl. (A) and added cl. (B).
Subsec. (a)(10). Pub. L. 99–653 repealed par. (10). Prior
to repeal, par. (10) read as follows: ‘‘entered the United
States from foreign contiguous territory or adjacent is-
lands, having arrived there on a vessel or aircraft of a
nonsignatory transportation company under section
1228(a) of this title and was without the required period
of stay in such foreign contiguous territory or adjacent
islands following such arrival (other than an alien de-
scribed in section 1101(a)(27)(A) of this title and aliens
born in the Western Hemisphere);’’.
Subsec. (a)(11). Pub. L. 99–570 substituted ‘‘any law or
regulation of a State, the United States, or a foreign
country relating to a controlled substance (as defined
in section 802 of title 21)’’ for ‘‘any law or regulation re-
lating to the illicit possession of or traffic in narcotic
drugs or marihuana, or who has been convicted of a vio-
lation of, or a conspiracy to violate, any law or regula-
tion governing or controlling the taxing, manufacture,
production, compounding, transportation, sale, ex-
change, dispensing, giving away, importation, expor-
tation, or the possession for the purpose of the manu-
facture, production, compounding, transportation, sale,
exchange, dispensing, giving away, importation, or ex-
portation of opium, coca leaves, heroin, marihuana,
any salt derivative or preparation of opium or coca
leaves or isonipecaine or any addiction-forming or ad-
diction-sustaining opiate’’.
Subsec. (a)(20). Pub. L. 99–603 added par. (20).
Subsec. (g). Pub. L. 99–639, § 2(b)(2), added subsec. (g).
1981—Subsec. (f). Pub. L. 97–116 designated existing
provision as par. (1)(A), substituted provision author-
izing discretionary waiver of deportation based on visa
fraud or misrepresentation in the case of an alien,
other than an alien described in subsec. (a)(19) of this
section, who is the spouse, parent, or child of a citizen
of the United States or of an alien lawfully admitted to
the United States for permanent residence and who was
in possession of an immigrant visa or equivalent docu-
ment and was otherwise admissible to the United
States at the time of such entry except for those
grounds specified in section 1182(a)(14), (20), and (21) of
this title which were a direct result of that fraud or
misrepresentation, with relief available to those who
have made innocent, as well as fraudulent, misrepre-
sentations, for provision requiring mandatory waiver of
deportation based on visa fraud or misrepresentation at
the time of entry in the case of an alien who is the
spouse, parent, or child of a United States citizen or of
an alien lawfully admitted for permanent residence
who is otherwise admissible, and added pars. (1)(B) and
(2).
1978—Subsec. (a)(19). Pub. L. 95–549 added par. (19).
1976—Subsec. (a)(10). Pub. L. 94–571 substituted
‘‘(other than an alien described in section 1101(a)(27)(A)
of this title and aliens born in the Western Hemi-
sphere)’’ for ‘‘(other than an alien who is a native-born
citizen of any of the countries enumerated in section
1101(a)(27)(A) of this title and an alien described in sec-
tion 1101(a)(27)(B) of this title)’’.
1965—Subsec. (a)(10). Pub. L. 89–236 substituted ‘‘sec-
tion
1101(a)(27)(A)
of
this
title’’
for
‘‘section
1101(a)(27)(C) of this title’’.
1961—Subsec. (f). Pub. L. 87–301 added subsec. (f).
1960—Subsec. (a)(11). Pub. L. 86–648 inserted ‘‘or mari-
huana’’ after ‘‘narcotic drugs’’.
1956—Subsec. (a)(11). Act July 18, 1956, § 301(b), in-
cluded conspiracy to violate any narcotic law, and the
illicit possession of narcotics, as additional grounds for
deportation.
Subsec. (b). Act July 18, 1956, § 301(c), inserted at end
‘‘The provisions of this subsection shall not apply in
the case of any alien who is charged with being deport-
able from the United States under subsection (a)(11) of
this section.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–340 applicable to offenses
committed before, on, or after Oct. 3, 2008, see section
3(c) of Pub. L. 111–122, set out as a note under section
1182 of this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 105(a)(2), May 11, 2005,
119 Stat. 309, provided that: ‘‘The amendment made by
Page 307
TITLE 8—ALIENS AND NATIONALITY
§ 1227
paragraph (1) [amending this section] shall take effect
on the date of the enactment of this division [May 11,
2005], and the amendment, and section 237(a)(4)(B) of
the
Immigration
and
Nationality
Act
(8
U.S.C.
1227(a)(4)(B)), as amended by such paragraph, shall
apply to—
‘‘(A) removal proceedings instituted before, on, or
after the date of the enactment of this division [May
11, 2005]; and
‘‘(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or re-
moval occurring or existing before, on, or after such
date.’’
Pub. L. 109–13, div. B, title I, § 105(b), May 11, 2005, 119
Stat. 310, provided that: ‘‘Effective as of the date of the
enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108–458) [Dec. 17,
2004], section 5402 of such Act [amending this section]
is repealed, and the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] shall be applied as if such section
had not been enacted.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by section 5304(b) of Pub. L. 108–458 effec-
tive Dec. 17, 2004, and applicable to revocations under
sections 1155 and 1201(i) of this title made before, on, or
after such date, see section 5304(d) of Pub. L. 108–458,
set out as a note under section 1155 of this title.
Amendment by section 5501(b) of Pub. L. 108–458 ap-
plicable to offenses committed before, on, or after Dec.
17, 2004, see section 5501(c) of Pub. L. 108–458, set out as
a note under section 1182 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–56 effective Oct. 26, 2001,
and applicable to actions taken by an alien before, on,
or after Oct. 26, 2001, and to all aliens, regardless of
date of entry or attempted entry into the United
States, in removal proceedings on or after such date
(except for proceedings in which there has been a final
administrative decision before such date) or seeking
admission to the United States on or after such date,
with special rules and exceptions, see section 411(c) of
Pub. L. 107–56, set out as a note under section 1182 of
this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–395, title II, § 201(c)(3), Oct. 30, 2000, 114
Stat. 1635, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be effective
as if included in the enactment of section 347 of the Il-
legal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (Public Law 104–208; 110 Stat. 3009–638)
and shall apply to voting occurring before, on, or after
September 30, 1996. The amendment made by paragraph
(2) [amending this section] shall be effective as if in-
cluded in the enactment of section 344 of the Illegal Im-
migration Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 3009–637) and shall
apply to representations made on or after September
30, 1996. Such amendments shall apply to individuals in
proceedings under the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] on or after September 30,
1996.’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment
by
sections
301(d),
305(a)(2),
and
308(d)(2)(A)–(C), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5)
of Pub. L. 104–208 effective, with certain transitional
provisions, on the first day of the first month begin-
ning 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.
Pub. L. 104–208, div. C, title III, § 308(d)(2)(D), Sept. 30,
1996, 110 Stat. 3009–617, provided that the amendment
made by section 308(d)(2)(D) is effective Sept. 30, 1996.
Amendment by section 344(b) of Pub. L. 104–208 appli-
cable to representations made on or after Sept. 30, 1996,
see section 344(c) of Pub. L. 104–208, set out as a note
under section 1182 of this title.
Amendment by section 347(b) of Pub. L. 104–208 appli-
cable to voting occurring before, on, or after Sept. 30,
1996, see section 347(c) of Pub. L. 104–208, set out as a
note under section 1182 of this title.
Pub. L. 104–208, div. C, title III, § 350(b), Sept. 30, 1996,
110 Stat. 3009–640, provided that: ‘‘The amendment
made by subsection (a) [amending this section] shall
apply to convictions, or violations of court orders, oc-
curring after the date of the enactment of this Act
[Sept. 30, 1996].’’
Amendment by section 351(b) of Pub. L. 104–208 appli-
cable to applications for waivers filed before, on, or
after Sept. 30, 1996, but not applicable to such an appli-
cation for which a final determination has been made
as of Sept. 30, 1996, see section 351(c) of Pub. L. 104–208,
set out as a note under section 1182 of this title.
Amendment by section 671(a)(4)(B) of Pub. L. 104–208
effective as if included in the enactment of the Violent
Crime Control and Law Enforcement Act of 1994, Pub.
L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out
as a note under section 1101 of this title.
Pub. L. 104–132, title IV, § 414(b), Apr. 24, 1996, 110 Stat.
1270, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall take effect on
the first day of the first month beginning more than 180
days after the date of the enactment of this Act [Apr.
24, 1996].’’
Pub. L. 104–132, title IV, § 435(b), Apr. 24, 1996, 110 Stat.
1275, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply to aliens
against whom deportation proceedings are initiated
after the date of the enactment of this Act [Apr. 24,
1996].’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 203(b) of Pub. L. 103–416 appli-
cable to convictions occurring before, on, or after Oct.
25, 1994, see section 203(c) of Pub. L. 103–416, set out as
an Effective and Termination Dates of 1994 Amend-
ments note under section 1182 of this title.
Amendment by section 219(g) of Pub. L. 103–416 effec-
tive as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub.
L. 103–416, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(d)(3), 307(h) of Pub. L.
102–232 effective as if included in the enactment of the
Immigration Act of 1990, Pub. L. 101–649, see section
310(1) of Pub. L. 102–232, set out as a note under section
1101 of this title.
Pub. L. 102–232, title III, § 307(k), Dec. 12, 1991, 105
Stat. 1756, provided that the amendment made by sec-
tion 307(k) is effective as if included in section 602(b) of
the Immigration Act of 1990, Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 153(b)(1) of Pub. L. 101–649 ef-
fective Nov. 29, 1990, and (unless otherwise provided) ap-
plicable to fiscal year 1991, see section 161(b) of Pub. L.
101–649, set out as a note under section 1101 of this title.
Pub. L. 101–649, title I, § 153(b)(2), Nov. 29, 1990, 104
Stat. 5006, provided that the amendment of subsec. (h)
as added by section 153(b)(1) of Pub. L. 101–649 is effec-
tive on the date that the amendments made by section
602 of Pub. L. 101–649 become effective. See section
602(d) of Pub. L. 101–649, set out below.
Pub. L. 101–649, title V, § 505(b), Nov. 29, 1990, 104 Stat.
5050, provided that: ‘‘The amendments made by sub-
section (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 29, 1990] and
shall apply to convictions entered before, on, or after
such date.’’
Pub. L. 101–649, title V, § 508(b), Nov. 29, 1990, 104 Stat.
5051, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply to con-
victions occurring on or after the date of the enact-
ment of this Act [Nov. 29, 1990].’’
Page 308
TITLE 8—ALIENS AND NATIONALITY
§ 1228
Pub. L. 101–649, title V, § 544(d), formerly § 544(c), Nov.
29, 1990, 104 Stat. 5061, as redesignated by Pub. L.
102–232, title III, § 306(c)(5)(B), Dec. 12, 1991, 105 Stat.
1752, provided that: ‘‘The amendments made by this
section [enacting section 1324c of this title and amend-
ing this section] shall apply to persons or entities that
have committed violations on or after the date of the
enactment of this Act [Nov. 29, 1990].’’
Pub. L. 101–649, title VI, § 602(d), Nov. 29, 1990, 104
Stat. 5082, provided that: ‘‘The amendments made by
this section, and by section 603(b) of this Act [amending
this section, sections 1161, 1252, 1253, and 1254 of this
title, and section 402 of Title 42, The Public Health and
Welfare], shall not apply to deportation proceedings for
which notice has been provided to the alien before
March 1, 1991.’’
EFFECTIVE DATE OF 1988 AMENDMENTS
Pub. L. 100–690, title VII, § 7344(b), Nov. 18, 1988, 102
Stat. 4471, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall apply to
any alien who has been convicted, on or after the date
of the enactment of this Act [Nov. 18, 1988], of an aggra-
vated felony.’’
Pub. L. 100–690, title VII, § 7348(b), Nov. 18, 1988, 102
Stat. 4473, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply to
any alien convicted, on or after the date of the enact-
ment of this Act [Nov. 18, 1988], of possessing any fire-
arm or destructive device referred to in such sub-
section.’’
Amendment by section 2(n)(2) of Pub. L. 100–525 effec-
tive as if included in enactment of Immigration Reform
and Control Act of 1986, Pub. L. 99–603, see section 2(s)
of Pub. L. 100–525, set out as a note under section 1101
of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
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.
Amendment by Pub. L. 99–570 applicable to convic-
tions occurring before, on, or after Oct. 27, 1986, see sec-
tion 1751(c) of Pub. L. 99–570, set out as a note under
section 1182 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–571 effective on first day of
first month which begins more than sixty days after
Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236 see
section 20 of Pub. L. 89–236, set out as a note under sec-
tion 1151 of this title.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 18, 1956, effective July 19,
1956, see section 401 of act July 18, 1956.
SAVINGS PROVISION
Pub. L. 101–649, title VI, § 602(c), Nov. 29, 1990, 104
Stat. 5081, provided that: ‘‘Notwithstanding the amend-
ments made by this section [amending this section],
any alien who was deportable because of a conviction
(before the date of the enactment of this Act [Nov. 29,
1990]) of an offense referred to in paragraph (15), (16),
(17), or (18) of section 241(a) [now 237] of the Immigra-
tion and Nationality Act [8 U.S.C. 1227], as in effect be-
fore the date of the enactment of this Act, shall be con-
sidered to remain so deportable. Except as otherwise
specifically provided in such section and subsection (d)
[set out as a note above], the provisions of such section,
as amended by this section, shall apply to all aliens de-
scribed in subsection (a) thereof notwithstanding that
(1) any such alien entered the United States before the
date of the enactment of this Act, or (2) the facts, by
reason of which an alien is described in such sub-
section, occurred before the date of the enactment of
this Act.’’
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.
REPORT ON CRIMINAL ALIENS
Pub. L. 101–649, title V, § 510, Nov. 29, 1990, 104 Stat.
5051, as amended by Pub. L. 102–232, title III, § 306(a)(8),
(9), Dec. 12, 1991, 105 Stat. 1751, provided that the Attor-
ney General was to submit to appropriate Committees
of Congress, by not later than Dec. 1, 1991, a report de-
scribing efforts of Immigration and Naturalization
Service to identify, apprehend, detain, and remove
from the United States aliens who have been convicted
of crimes in the United States and including a criminal
alien census and removal plan.
§ 1228. Expedited removal of aliens convicted of
committing aggravated felonies
(a) Removal of criminal aliens
(1) In general
The Attorney General shall provide for the
availability of special removal proceedings at
certain Federal, State, and local correctional
facilities for aliens convicted of any criminal
offense covered in section 1227(a)(2)(A)(iii), (B),
(C), or (D) of this title, or any offense covered
by section 1227(a)(2)(A)(ii) of this title for
which both predicate offenses are, without re-
gard to the date of their commission, other-
wise covered by section 1227(a)(2)(A)(i) of this
title. Such proceedings shall be conducted in
conformity with section 1229a of this title (ex-
cept as otherwise provided in this section),
and in a manner which eliminates the need for
additional detention at any processing center
of the Service and in a manner which assures
expeditious removal following the end of the
alien’s incarceration for the underlying sen-
tence. Nothing in this section shall be con-
strued to create any substantive or procedural
right or benefit that is legally enforceable by
any party against the United States or its
agencies or officers or any other person.
(2) Implementation
With respect to an alien convicted of an ag-
gravated felony who is taken into custody by
the Attorney General pursuant to section
1226(c) of this title, the Attorney General
shall, to the maximum extent practicable, de-
tain any such felon at a facility at which other
such aliens are detained. In the selection of
such facility, the Attorney General shall make
reasonable efforts to ensure that the alien’s
access to counsel and right to counsel under
section 1362 of this title are not impaired.
(3) Expedited proceedings
(A) Notwithstanding any other provision of
law, the Attorney General shall provide for
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
As used in and for the purposes of this subchapter—
**(a)** The term “person” includes an individual, partnership, association, corporation, organization, or any other combination of individuals;
**(b)** The term “foreign principal” includes—
(1) a government of a foreign country and a foreign political party;
(2) a person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and
(3) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.
**(c)** Expect 11 So in original. Probably should be “Except”. as provided in subsection (d) of this section, the term “agent of a foreign principal” means—
(1) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person—
(i) engages within the United States in political activities for or in the interests of such foreign principal;
(ii) acts within the United States as a public relations counsel, publicity agent, information-service employee or political consultant for or in the interests of such foreign principal
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 611. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 611. Definitions
As used in and for the purposes of this sub-
chapter—
(a) The term ‘‘person’’ includes an individual,
partnership, association, corporation, organiza-
tion, or any other combination of individuals;
(b) The term ‘‘foreign principal’’ includes—
(1) a government of a foreign country and a
foreign political party;
(2) a person outside of the United States, un-
less it is established that such person is an in-
dividual and a citizen of and domiciled within
Page 306
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 611
1 So in original. Probably should be ‘‘Except’’.
2 So in original. Probably should be section ‘‘3685’’.
the United States, or that such person is not
an individual and is organized under or cre-
ated by the laws of the United States or of any
State or other place subject to the jurisdiction
of the United States and has its principal
place of business within the United States; and
(3) a partnership, association, corporation,
organization, or other combination of persons
organized under the laws of or having its prin-
cipal place of business in a foreign country.
(c) Expect 1 as provided in subsection (d) of
this section, the term ‘‘agent of a foreign prin-
cipal’’ means—
(1) any person who acts as an agent, rep-
resentative, employee, or servant, or any per-
son who acts in any other capacity at the
order, request, or under the direction or con-
trol, of a foreign principal or of a person any
of whose activities are directly or indirectly
supervised, directed, controlled, financed, or
subsidized in whole or in major part by a for-
eign principal, and who directly or through
any other person—
(i) engages within the United States in po-
litical activities for or in the interests of
such foreign principal;
(ii) acts within the
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 611. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** This Act may be cited as the “Military Selective Service Act”.
**(b)** The Congress declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation.
**(c)** The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy.
**(d)** The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this chapter, the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists.
**(e)** The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources.
**(f)** The Congress further declares that the S
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3801. Short title; Congressional declaration of
policy
(a) This Act may be cited as the ‘‘Military Se-
lective Service Act’’.
(b) The Congress declares that an adequate
armed strength must be achieved and main-
tained to insure the security of this Nation.
(c) The Congress further declares that in a free
society the obligations and privileges of serving
in the armed forces and the reserve components
thereof should be shared generally, in accord-
ance with a system of selection which is fair and
just, and which is consistent with the mainte-
nance of an effective national economy.
(d) The Congress further declares, in accord-
ance with our traditional military policy as ex-
pressed in the National Defense Act of 1916, as
amended, that it is essential that the strength
and organization of the National Guard, both
Ground and Air, as an integral part of the first
line defenses of this Nation, be at all times
maintained and assured.
To this end, it is the intent of the Congress
that whenever Congress shall determine that
units and organizations are needed for the na-
tional security in excess of those of the Regular
components of the Ground Forces and the Air
Forces, and those in active service under this
chapter, the National Guard of the United
States, both Ground and Air, or such part there-
of as may be necessary, together with such units
of the Reserve components as are necessary for
a balanced force, shall be ordered to active Fed-
eral service and continued therein so long as
such necessity exists.
(e) The Congress further declares that ade-
quate provision for national security requires
maximum effort in the fields of scientific re-
search and development, and the fullest possible
utilization of the Nation’s technological, sci-
entific,
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 4301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 4301. Designation of chapter
This chapter shall be known as the ‘‘Trading
with the enemy 1 Act.’’
(Oct. 6, 1917, ch. 106, § 1, 40 Stat. 411.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat.
411, known as the Trading with the enemy Act, also
known as the Trading with the Enemy Act, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 1 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
§ 4302. Definitions
The word ‘‘enemy,’’ as used herein, shall be
deemed to mean, for the purposes of such trad-
ing and of this chapter—
(a) Any individual, partnership, or other body
of individuals, of any nationality, resident with-
in the territory (including that occupied by the
military and naval forces) of any nation with
which the United States is at war, or resident
outside the United States and doing business
within such territory, and any corporation in-
corporated within such territory of any nation
with which the United States is at war or incor-
porated within any country other than the
United States and doing business within such
territory.
(b) The government of any nation with which
the United States is at war, or any political or
municipal subdivision thereof, or any officer, of-
ficial, agent, or agency thereof.
(c) Such other individuals, or body or class of
individuals, as may be natives, citizens, or sub-
jects of any nation with which the United States
is at war, other than citizens of the United
States, wherever resident or wherever doing
business, as the President,
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the offi-
cial designated by the Secretary of State pursu-
ant to section 1104(b) of this title.
(2) The term ‘‘advocates’’ includes, but is not
limited to, advises, recommends, furthers by
overt act, and admits belief in.
(3) The term ‘‘alien’’ means any person not a
citizen or national of the United States.
(4) The term ‘‘application for admission’’ has
reference to the application for admission into
the United States and not to the application for
the issuance of an immigrant or nonimmigrant
visa.
(5) The term ‘‘Attorney General’’ means the
Attorney General of the United States.
(6) The term ‘‘border crossing identification
card’’ means a document of identity bearing
that designation issued to an alien who is law-
fully admitted for permanent residence, or to an
alien who is a resident in foreign contiguous ter-
ritory, by a consular officer or an immigration
officer for the purpose of crossing over the bor-
ders between the United States and foreign con-
tiguous territory in accordance with such condi-
tions for its issuance and use as may be pre-
scribed by regulations. Such regulations shall
provide that (A) each such document include a
biometric identifier (such as the fingerprint or
handprint of the alien) that is machine readable
and (B) an alien presenting a border crossing
identification card is not permitted to cross
over the border into the United States unless
the biometric identifier contained on the card
matches
the
appropriate
biometric
char-
acteristic of the alien.
(7) The term ‘‘clerk of court’’ means a clerk of
a naturalization court.
(8) The terms ‘‘Commissioner’’ and ‘‘Deputy
Commissioner’’ mean the Commissioner of Im-
migration
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Classes of deportable aliens** Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
(1) **Inadmissible at time of entry or of adjustment of status or violates status**
(A) *Inadmissible aliens* — Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
(B) *Present in violation of law* — Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under [section 1201(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/i&num=0&edition=prelim), is deportable.
(C) *Violated nonimmigrant status or condition of entry*
(i) *Nonimmigrant status violators* — Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim), or to comply with the conditions of any such status, is deportable.
(ii) *Violators of conditions of entry* — Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under [section 1182(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/g&num=0&edition=prelim) is deportable.
(