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Main topic: Immigration Law ::: Sub topic: INA 235A

INA 235A - PREINSPECTION AT FOREIGN AIRPORTS

Sec. 235A. (a) Establishment of Preinspection Stations.-

(1) New Stations.-Subject to paragraph (5), not later than October 31, 1998, the Attorney General, in consultation with the Secretary of State, shall establish and maintain preinspection stations in at least 5 of the foreign airports that are among the 10 foreign airports which the Attorney General identifies as serving as last points of departure for the greatest numbers of inadmissible alien passengers who arrive from abroad by air at ports of entry within the United States. Such preinspection stations shall be in addition to any preinspection stations established prior to the date of the enactment of such Act.

(2) Report.-Not later than October 31, 1998, the Attorney General shall report to the Committees on the Judiciary of the House of Representatives and of the Senate on the implementation of paragraph (1).

(3) Data Collection.-Not later than November 1, 1997, and each subsequent November 1, the Attorney General shall compile data identifying-

(A) the foreign airports which served as last points of departure for aliens who arrived by air at United States ports of entry without valid documentation during the preceding fiscal years;

(B) the number and nationality of such aliens arriving from each such foreign airport; and

(C) the primary routes such aliens followed from their country of origin to the United States.

(4) 3/ Subject to paragraph (5), not later than January 1, 2008, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish preinspection stations in at least 25 additional foreign airports, which the Secretary of Homeland Security, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3) and such other information as may be available, would most effectively facilitate the travel of admissible aliens and reduce the number of inadmissible aliens, especially aliens who are potential terrorists, who arrive from abroad by air at points of entry within the United States. Such preinspection stations shall be in addition to those established before September 30, 1996, or pursuant to paragraph (1).

(5) Conditions.-Prior to the establishment of a preinspection station the Attorney General, in consultation with the Secretary of State, shall ensure that-

(A) employees of the United States stationed at the preinspection station, and their accompanying family members will receive appropriate protection;

(B) such employees and their families will not be subject to unreasonable risks to their welfare and safety; and

(C) the country in which the preinspection station is to be established maintains practices and procedures with respect to asylum seekers and refugees in accordance with the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951), or the Protocol Relating to the Status of Refugees (done at New York, January 31, 1967) or that an alien in the country otherwise has recourse to avenues of protection from return to persecution.

(b) ESTABLISHMENT OF CARRIER CONSULTANT PROGRAM AND IMMIGRATION SECURITY INITIATIVE 2/ . -The Secretary of Homeland Security 2/ shall assign additional immigration officers to assist air carriers in the detection of fraudulent documents at foreign airports which, based on the records maintained pursuant to subsection (a)(3), served as a point of departure for a significant number of arrivals at United States ports of entry without valid documentation, but where no preinspection station exists. 2/ Beginning not later than December 31, 2006, the number of airports selected for an assignment under this subsection shall be at least 50.

FOOTNOTES FOR SECTION 235A

INA 235A FN1

FN 1 Added by § 123 of IIRIRA .

INA 235A FN2

FN 2 Section 7206(a) made several technical amendments to section 235A(b).

Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security to carry out the amendments made by section 7206(a) --

(1) $25,000,000 for fiscal year 2005;

(2) $40,000,000 for fiscal year 2006; and

(3) $40,000,000 for fiscal year 2007.

INA 235A FN3

FN 3 Section 7210(d)(1) of Public Law 108-458, amended section 235A by revising subparagraph (a)(4).

(2) REPORT- Not later than June 30, 2006, the Secretary of Homeland Security and the Secretary of State shall submit a report on the progress being made in implementing the amendment made by section 7210(d)(1) to--

(A) the Committee on the Judiciary of the Senate;

(B) the Committee on the Judiciary of the House of Representatives;

(C) the Committee on Foreign Relations of the Senate;

(D) the Committee on International Relations of the House of Representatives;

(E) the Committee on Homeland Security and Governmental Affairs of the Senate; and

(F) the Select Committee on Homeland Security of the House of Representatives (or any successor committee).

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