8 U.S. Code § 1227 - Deportable aliens

Any 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 thesection 1201(i) of this title, is deportable.

(C) Violated nonimmigrant status or condition of entry (i) Nonimmigrant status violators

Any section 1258 of this title, or to comply with the conditions of any such status, is deportable.

(ii) Violators of conditions of entry

Any Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable.

(D) Termination of conditional permanent residence (i) In general

Any permanent resident status on a conditional basis under section 1186a of this title (relating to conditionalsection 1186b of this title (relating to conditional (ii) Exception

Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title (relating to certain hardship waivers).

(E) Smuggling (i) In general

Any United States in violation of law is deportable.

(ii) Special rule in the case of family reunification

Clause (i) shall not apply in the case of Immigration Act of 1990), was physically present in theMay 5, 1988 , and is seeking admission as an immediate relative 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 theMay 5, 1988 , has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the (iii) Waiver authorized

The Attorney General may, in his discretion 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 anylawfully admitted for permanent residence if the alien’s spouse, parent, son, or daughter (and no other individual) to enter the (F) Repealed.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 section 1182(a)(6)(C)(i) of this title) and to be in the (i)

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 theAttorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or

it appears to the satisfaction of the Attorney General that the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s admission as an immigrant.

(H) Waiver authorized for certain misrepresentations The provisions of this paragraph relating to the removal of United States on the ground that they were inadmissible at the time of admission assection 1182(a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any (i)

is the spouse, parent, son, or daughter of a citizen of the United States or of anUnited States for permanent residence; and

was in possession of an immigrant visa or equivalent document and was otherwise admissible to thesection 1182(a) of this title which were a direct result of that fraud or misrepresentation.

A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.

(2) Criminal offenses (A) General crimes (i) Crimes of moral turpitude Any (I)

is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an permanent resident status under section 1255(j) of this title) after the date of admission, and

is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable. (ii) Multiple criminal convictions

Any section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.

(v) Failure to register as a sex offender (vi) Waiver authorized

Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an United States or by the Governor of any of the several States.

(B) Controlled substances (i) Conviction

Any 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 section 921(a) of title 18) in violation of any law is deportable.

(D) Miscellaneous crimes Any (i)

any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), 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;

any offense under section 871 or 960 of title 18;

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

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 crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of 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 common, 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 domestic or family violence laws of the jurisdiction 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 (ii) Violators of protection orders

Any protection order issued by a court and whom the court determines has engaged in conduct that violates 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 injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.

(F) Trafficking (3) Failure to register and falsification of documents (A) Change of address under section 1306(c) of this title or under section 36(c) of the Alien Registration Act, 1940,

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

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 (ii) Waiver authorized

The Attorney General may waive clause (i) in the case of anlawfully admitted for permanent residence if no previous civil money penalty was imposed against thesection 1324c of this title and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the (D) Falsely claiming citizenship

(i) In general

Any United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or (ii) Exception

(A) In general Any (i)

any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,

any other criminal activity which endangers public safety or national security, or

any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,

is deportable. (B) Terrorist activities (C) Foreign policy (i) In general

An United States the Secretary ofUnited 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 inadmissibility under section 1182(a)(3)(C)(i) of this title.

(D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing

(E) Participated in the commission of severe violations of religious freedom (F) Recruitment or use of child soldiers (5) Public charge (A) In general

Any State, or local constitutional provision, statute, ordinance, or regulation is deportable.

(B) Exception

In the case of an 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) is or was a citizen (whether by birth or naturalization), the (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 application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an (i) [1] upon a determination that—

the [2] self-defense; the protection order intended to protect the alien; or that did not result in serious bodily injury; and where there was a connection between the crime and the (B) Credible evidence considered

In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. 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 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 provisions, shall not be required to depart from the (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 inadmissibility described in paragraph (2) or (3) of section 1182(a) of this title) shall not apply to asection 1101(a)(27)(J) of this title based upon circumstances that existed before the date the (d) Administrative stay

(1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101(a)(15) of this title filed for ansection 1231(c)(2) of this title until—

the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or

there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals.

The denial of a request for an administrative stay of removal under this subsection shall not preclude the immigration laws of the United States.

During any period in which the administrative stay of removal is in effect, the (4)

[1] So in original. No cl. (ii) has been enacted.

[2] So in original. Probably should be “in”.

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 andTrading 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 andAlien 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 ofPub. 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

2006—Subsec. (a)(1)(H)(ii). Pub. L. 109–271 amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “is ansection 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: “Anysection 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 section 1201(i) of this title, is” for 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.

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: “Anysection 1324a of this title) or any Federal orPub. L. 106–395, § 201(c)(1), amended heading and text of par. (6) generally. Prior to amendment, text read as follows: “AnyPub. 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 thePub. 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: “AnyPub. 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: “Anysection 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 asPub. 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)(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)”.

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)(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: “Anysection 1324c of this title is deportable.”

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. (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, ansection 1225 of this title is deemed for purposes of this chapter to be seeking entry and admission to thePub. 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 ansection 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 thePub. 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)(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 toPub. L. 102–232, § 307(k)(2), redesignated subsec. (h) as (c).

1990—Subsec. (a). Pub. L. 101–649, § 602(a), amended subsec. (a) generally, consolidating 20 categories of excludablePub. 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 suchPub. L. 101–649, § 602(b)(1), struck out subsec. (c) which related to fraudulent entry.

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 asection 1101(a)(27)(J) of this title based upon circumstances that exist before the date thePub. L. 101–649, § 153(b)(1), added subsec. (h).

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 “anPub. 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 thesection 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 ansection 1101(a)(27)(A) of this title andPub. L. 99–570 substituted “any law or regulation of asection 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).

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 anPub. L. 95–549 added par. (19).

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 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

“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—

removal proceedings instituted before, on, or after the date of the enactment of this division [ May 11, 2005 ]; and

acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.”

“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 anOct. 26, 2001 , and to allsection 411(c) of Pub. L. 107–56, set out as a note under section 1182 of this title.

Effective Date of 2000 Amendment

“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.

“The amendment made by subsection (a) [amending this section] shall apply to 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.

“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 ].”

“The amendment made by subsection (a) [amending this section] shall apply to Apr. 24, 1996 ].” Effective Date of 1994 Amendment

Amendment by section 203(b) of Pub. L. 103–416 applicable toOct. 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.

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.

“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 toPub. 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 Nov. 29, 1990 ].”

“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 ].”

“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 theMarch 1, 1991 .”

Effective Date of 1988 Amendments

“The amendments made by subsection (a) [amending this section] shall apply to any Nov. 18, 1988 ], of an aggravated felony.”

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.

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

“Notwithstanding the amendments made by this section [amending this section], any 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 Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and section 1551 of this title.