Aliens and Nationality - 8 USC Section 1185

01/03/05

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.

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]."

TRAVEL DOCUMENTS
Pub. L. 108-458, title VII, Sec. 7209, Dec. 17, 2004, 118 Stat.
3823, provided that:
"(a) Findings. - Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
"(1) Existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification.
"(2) The planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities.
"(3) Additional safeguards are needed to ensure that terrorists
cannot enter the United States.
"(b) Passports. -
"(1) Development of plan. - The Secretary of Homeland Security,
in consultation with the Secretary of State, shall develop and
implement a plan as expeditiously as possible to require a
passport or other document, or combination of documents, deemed
by the Secretary of Homeland Security to be sufficient to denote
identity and citizenship, for all travel into the United States
by United States citizens and by categories of individuals for
whom documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later
than January 1, 2008, and shall seek to expedite the travel of
frequent travelers, including those who reside in border
communities, and in doing so, shall make readily available a
registered traveler program (as described in section 7208(k) [8
U.S.C. 1365b(k)]).
"(2) Requirement to produce documentation. - The plan developed
under paragraph (1) shall require all United States citizens, and
categories of individuals for whom documentation requirements
have previously been waived under section 212(d)(4)(B) of such
Act [8 U.S.C. 1182(d)(4)(B)], to carry and produce the
documentation described in paragraph (1) when traveling from
foreign countries into the United States.
"(c) Technical and Conforming Amendments. - After the complete
implementation of the plan described in subsection (b) -
"(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section
212(d)(4)(B) of such Act [8 U.S.C. 1182(d)(4)(B)] to waive
documentary requirements for travel into the United States; and
"(2) the President may not exercise discretion under section
215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
requirements for United States citizens departing from or
entering, or attempting to depart from or enter, the United
States except -
"(A) where the Secretary of Homeland Security determines that
the alternative documentation that is the basis for the waiver
of the documentary requirement is sufficient to denote identity
and citizenship;
"(B) in the case of an unforeseen emergency in individual
cases; or
"(C) in the case of humanitarian or national interest reasons
in individual cases.
"(d) Transit Without Visa Program. - The Secretary of State shall
not use any authorities granted under section 212(d)(4)(C) of such
Act [8 U.S.C. 1182(d)(4)(C)] until the Secretary, in conjunction
with the Secretary of Homeland Security, completely implements a
security plan to fully ensure secure transit passage areas to
prevent aliens proceeding in immediate and continuous transit
through the United States from illegally entering the United
States."

Last modified: June 14, 2006