The law › Title 8, Aliens and Nationality › Chapter 12
8 U.S.C. 1226: Apprehension and detention of aliens
Created in 1990 by Public Law 101-649. Changed by 2 later laws. 1 new law this Congress changed it.
3 other sections of the Code cite this one, including 8 U.S.C. 1228, 8 U.S.C. 1252, 8 U.S.C. 1368.
16 parts of federal rules cite it as their authority, written by Executive Office for Immigration Review, Department of Justice (8), Department of Homeland Security (7), Department of Homeland Security, Office of the Secretary (1).
- past change
- enacted this Congress
- proposed
This Congress
- S. 5 Laken Riley Act · became law · changed (c)
How it got here
1996
- Pub. L. 104–208, §303(a), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) related to proceedings to determine whether aliens detained under section 1225 of this title should be allowed to enter or should be excluded and deported. (Magnuson-Stevens Fishery Conservation and Management Act) Law text
- Pub. L. 104–208, §371(b)(5), substituted "An immigration judge" for "A special inquiry officer", "an immigration judge" for "a special inquiry officer", and "immigration judge" for "special inquiry officer", wherever appearing. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (a), (b), (c), (d)
1991
- Pub. L. 102–232 substituted "upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)" for "upon completion of the alien's… · (e)
1990
- Pub. L. 101–649, §603(a)(12), substituted "has a disease, illness, or addiction which would make the alien excludable under paragraph (1) of section 1182(a) of this title" for "is afflicted with a disease specified in section 1182(a)(6) of this title, or with any mental disease, defect… · (d)
- Pub. L. 101–649, §504(b), added subsec. (e). · (e)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.