
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1185]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
Part II--Admission Qualifications for Aliens; Travel Control of Citizens 
                               and Aliens
 
Sec. 1185. Travel control of citizens and aliens


(a) Restrictions and prohibitions

    Unless otherwise ordered by the President, it shall be unlawful--
        (1) for any alien to depart from or enter or attempt to depart 
    from or enter the United States except under such reasonable rules, 
    regulations, and orders, and subject to such limitations and 
    exceptions as the President may prescribe;
        (2) for any person to transport or attempt to transport from or 
    into the United States another person with knowledge or reasonable 
    cause to believe that the departure or entry of such other person is 
    forbidden by this section;
        (3) for any person knowingly to make any false statement in an 
    application for permission to depart from or enter the United States 
    with intent to induce or secure the granting of such permission 
    either for himself or for another;
        (4) for any person knowingly to furnish or attempt to furnish or 
    assist in furnishing to another a permit or evidence of permission 
    to depart or enter not issued and designed for such other person's 
    use;
        (5) for any person knowingly to use or attempt to use any permit 
    or evidence of permission to depart or enter not issued and designed 
    for his use;
        (6) for any person to forge, counterfeit, mutilate, or alter, or 
    cause or procure to be forged, counterfeited, mutilated, or altered, 
    any permit or evidence of permission to depart from or enter the 
    United States;
        (7) for any person knowingly to use or attempt to use or furnish 
    to another for use any false, forged, counterfeited, mutilated, or 
    altered permit, or evidence of permission, or any permit or evidence 
    of permission which, though originally valid, has become or been 
    made void or invalid.

(b) Citizens

    Except as otherwise provided by the President and subject to such 
limitations and exceptions as the President may authorize and prescribe, 
it shall be unlawful for any citizen of the United States to depart from 
or enter, or attempt to depart from or enter, the United States unless 
he bears a valid United States passport.

(c) Definitions

    The term ``United States'' as used in this section includes the 
Canal Zone, and all territory and waters, continental or insular, 
subject to the jurisdiction of the United States. The term ``person'' as 
used in this section shall be deemed to mean any individual, 
partnership, association, company, or other incorporated body of 
individuals, or corporation, or body politic.

(d) Nonadmission of certain aliens

    Nothing in this section shall be construed to entitle an alien to 
whom a permit to enter the United States has been issued to enter the 
United States, if, upon arrival in the United States, he is found to be 
inadmissible under any of the provisions of this chapter, or any other 
law, relative to the entry of aliens into the United States.

(e) Revocation of proclamation as affecting penalties

    The revocation of any rule, regulation, or order issued in pursuance 
of this section shall not prevent prosecution for any offense committed, 
or the imposition of any penalties or forfeitures, liability for which 
was incurred under this section prior to the revocation of such rule, 
regulation, or order.

(f) Permits to enter

    Passports, visas, reentry permits, and other documents required for 
entry under this chapter may be considered as permits to enter for the 
purposes of this section.

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 215, 66 Stat. 190; Pub. 
L. 95-426, title VII, Sec. 707(a)-(d), Oct. 7, 1978, 92 Stat. 992, 993; 
Pub. L. 103-416, title II, Sec. 204(a), Oct. 25, 1994, 108 Stat 4311.)

                       References in Text

    For definition of Canal Zone, referred to in subsec. (c), see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-416 inserted ``United States'' after 
``valid''.
    1978--Subsec. (a). Pub. L. 95-426, Sec. 707(a), substituted 
provision that the enumerated acts would, unless otherwise ordered by 
the President, be deemed unlawful for provisions declaring it unlawful 
when the United States is at war or during a proclaimed national 
emergency, or, as to aliens, when there exists a state of war between 
two or more states and the President finds that the interests of the 
United States require restrictions to be imposed upon departure of 
persons from and their entry into the United States.
    Subsec. (b). Pub. L. 95-426, Sec. 707(b), substituted provisions 
prohibiting departure or entry except as otherwise provided by the 
President and subject to such limitations and exceptions as he may 
authorize or prescribe, for provisions prohibiting such departure or 
entry after proclamation of a national emergency has been made, 
published and in force.
    Subsec. (c). Pub. L. 95-426, Sec. 707(d), redesignated subsec. (d) 
as (c). Former subsec. (c), which provided for penalties for violation 
of this section, was struck out.
    Subsec. (d). Pub. L. 95-426, Sec. 707(d), redesignated subsec. (e) 
as (d). Former subsec. (d) redesignated (c).
    Subsec. (e). Pub. L. 95-426, Sec. 707(c), (d), redesignated subsec. 
(f) as (e) and struck out ``proclamation,'' before ``rule'' in two 
places. Former subsec. (e) redesignated (d).
    Subsecs. (f), (g). Pub. L. 95-426, Sec. 707(d), redesignated subsec. 
(g) as (f). Former (f) redesignated (e).


                    Effective Date of 1994 Amendment

    Section 204(b) of Pub. L. 103-416 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to departures 
and entries (and attempts thereof) occurring on or after the date of 
enactment of this Act [Oct. 25, 1994].''

 Delegation of Authority Under Sections 1182(f) and 1185(a)(1) of This 
                                  Title

    Authority of President under subsec. (a)(1) of this section to 
maintain custody and conduct screening of any undocumented person 
seeking to enter the United States who is encountered in a vessel 
interdicted on the high seas through Dec. 31, 2000, delegated to 
Attorney General by Memorandum of President of the United States, Sept. 
24, 1999, 64 F.R. 55809, set out as a note under section 1182 of this 
title.

Ex. Ord. No. 12172. Delegation of Authority of President to Secretary of 
 State and Attorney General Respecting Entry of Iranian Aliens Into the 
                              United States

    Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as amended by Ex. 
Ord. No. 12206, Apr. 7, 1980, 45 F.R. 24101, provided:
    By virtue of the authority vested in me as President by the 
Constitution and laws of the United States, including the Immigration 
and Nationality Act, as amended [this chapter], 8 USC 1185 and 3 USC 
301, it is hereby ordered as follows:
    Section 1-101. Delegation of Authority. The Secretary of State and 
the Attorney General are hereby designated and empowered to exercise in 
respect of Iranians the authority conferred upon the President by 
section 215(a)(1) of the Act of June 27, 1952 (8 USC 1185), to prescribe 
limitations and exceptions on the rules and regulations governing the 
entry of aliens into the United States.
    Section 1-102. Effective Date. This order is effective immediately.
                                                           Jimmy Carter.

                  Section Referred to in Other Sections

    This section is referred to in section 1227 of this title.
