1
 So in original. No cl. (ii) has been enacted.
upon a determination that—
2
 So in original. Probably should be “in”.
self-defense;
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 Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

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 National 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 Tables.

The Trading With the Enemy Act, referred to in subsec. (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 renumbering as chapter 53 (§ 4301 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

The Alien Registration Act, 1940, referred to in subsec. (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 Section 36(a) of that act was classified to section 457(c) of this title and was repealed by section 403(a)(39) of act June 27, 1952.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 deportation 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 beginning 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 follows: “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), reenacted heading without change and amended text generally. 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), substituted “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 killing” for “Assisted in Nazi persecution or engaged in genocide” in heading and “clause (i), (ii), or (iii)” for “clause (i) or (ii)” in text.

Subsec. (a)(4)(E). Pub. L. 108–458, § 5502(b), added subpar. (E) relating to participation in the commission of severe violations of religious freedom.

Pub. L. 108–458, § 5402, which added subpar. (E) relating 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), redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, 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 falsely 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 amendment, text read as follows: “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.”

Subsec. (a)(7). Pub. L. 106–386, § 1505(b)(1), added par. (7).

1996—Subsec. (a). Pub. L. 104–208, § 308(e)(2)(C), substituted “removed” for “deported” in introductory provisions.

Pub. L. 104–208, § 301(d)(1), substituted “in and admitted 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, substituting “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 entered 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 deportable.”

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 follows: “Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 1161 of this title who fails to meet the requirement of section 1161(d)(5)(A) of this title by the end of the applicable period is deportable.”

Subsec. (a)(1)(G). Pub. L. 104–208, § 308(f)(1)(L), substituted “admission” for “entry” wherever appearing.

Subsec. (a)(1)(H). Pub. L. 104–208, § 308(f)(5), which directed 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 Congress.

Pub. L. 104–208, § 308(f)(1)(M), substituted “admission as aliens” for “entry as aliens” in introductory provisions 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 “excludable” 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), amended 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 institution 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), substituted “(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), substituted “admission” for “entry” in cls. (i) and (ii).

Subsec. (a)(2)(C). Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry”.

Subsec. (a)(2)(E). Pub. L. 104–208, § 350(a), added subpar. (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 subpar. (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), substituted “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 section 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 permanent resident status under section 1255(i) of this title)” after “five years”.

Subsec. (a)(2)(C). Pub. L. 103–416, § 203(b)(1), substituted “, 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), substituted “if the alien is within one or more of the following 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), inserted “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), substituted “section 1182(a)(6)(C)(i)” for “section 1182(a)(5)(C)(i)”.

Subsec. (a)(1)(H). Pub. L. 102–232, § 307(h)(6), substituted “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 subpar. (C).

Subsec. (a)(4)(A), (B). Pub. L. 102–232, § 307(h)(9), substituted “after entry engages” for “after entry has engaged”.

Subsec. (a)(4)(C). Pub. L. 102–232, § 307(h)(10), substituted “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 subsec. (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 excludable 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 attempt” for “conspiracy” in par. (11).

Subsec. (b). Pub. L. 101–649, § 602(b), redesignated subsec. (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 nonapplicability 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 Attorney General that such alien not be deported, due notice having been given prior to making such recommendation 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 “subsection (a)(11) of this section” in second sentence.

Subsec. (c). Pub. L. 101–649, § 602(b)(1), struck out subsec. (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 deportation in specified cases and hardship waivers, respectively.

Subsec. (h). Pub. L. 101–649, § 153(b)(2), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Paragraphs (1), (2), (5), (9), or (12) of subsection (a) of this section (other than so much of paragraph (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 immigrant 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 revolver 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 becomes lawfully admitted”.

1986—Subsec. (a)(9). Pub. L. 99–639, § 2(b)(1), designated 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 islands, 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 described 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 relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, any salt derivative or preparation of opium or coca leaves or isonipecaine or any addiction-forming or addiction-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 authorizing 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 document 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, misrepresentations, 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 Hemisphere)” 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 section 1101(a)(27)(B) of this title)”.

1965—Subsec. (a)(10). Pub. L. 89–236 substituted “section 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 marihuana” after “narcotic drugs”.

1956—Subsec. (a)(11). Act July 18, 1956, § 301(b), included 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 deportable 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 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 removal 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 effective 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 applicable 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 Illegal Immigration Reform and Immigrant Responsibility 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 included in the enactment of section 344 of the Illegal Immigration 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 beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

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 applicable 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 applicable 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, occurring after the date of the enactment of this Act [Sept. 30, 1996].”

Amendment by section 351(b) of Pub. L. 104–208 applicable to applications for waivers filed before, on, or after Sept. 30, 1996, but not applicable to such an application 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 subsection (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 subsection (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 applicable 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 Amendments note under section 1182 of this title.

Amendment by section 219(g) of Pub. L. 103–416 effective 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 section 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 effective Nov. 29, 1990, and (unless otherwise provided) applicable 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 effective 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 subsection (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 subsection (a) [amending this section] shall apply to convictions occurring on or after the date of the enactment of this Act [Nov. 29, 1990].”

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 amending 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 aggravated 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 enactment of this Act [Nov. 18, 1988], of possessing any firearm or destructive device referred to in such subsection.”

Amendment by section 2(n)(2) of Pub. L. 100–525 effective 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 convictions occurring before, on, or after Oct. 27, 1986, see section 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 section 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 amendments 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 Immigration and Nationality Act [8 U.S.C. 1227], as in effect before the date of the enactment of this Act, shall be considered 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 described 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 subsection, 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 Attorney General was to submit to appropriate Committees of Congress, by not later than Dec. 1, 1991, a report describing 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.