What US INA Travel Control of Citizens and Aliens (8 USC 1185): Presidential Restrictions on Entry and Departure and the Citizen Passport Requirement requires
Section 215 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1185, provides for travel control of citizens and aliens and confers on the President broad authority to regulate entry into and departure from the United States, administered by the Department of Homeland Security and the Department of State. Section 1185(a) provides that, unless otherwise ordered by the President, it shall be unlawful 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; the same subsection extends the power to transportation companies and other persons. Section 1185(b) imposes the citizen passport requirement: 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. Section 1185(c) defines the United States and the term person for the purposes of the section. Section 1185(d) clarifies that the possession of an entry document does not entitle a person to enter if that person is otherwise inadmissible, and section 1185(f) provides that passports, visas, reentry permits and other documents required for entry may be considered as permits to enter for the purposes of the section. The section is the statutory foundation of the United States passport and travel-document requirement and the source of the President's standing authority to restrict cross-border travel in the interests of national security.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security and Department of State · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 12eb87dda3a95b2709485604a2e5b03a01bab743e035f6a404e9bf3108fea1a8
Primary Citations — 8 traced to source
- Immigration and Nationality Act 215, 8 U.S.C. 1185(a) - unlawful for an alien to depart from or enter the United States except under the rules, regulations and orders the President may prescribe.
- Immigration and Nationality Act 215, 8 U.S.C. 1185(a) - extension of the travel-control authority over the conduct of departure and entry.
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