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CHAPTER 65—DEPORTATION OF ALIENS IN THE UNITED
STATES
SUBCHAPTER I—GROUNDS
Sec.
6501.
Excludable at time of entry or adjustment of status or in the United States illegally.
6502.
Marriage fraud and failure to marry timely.
6503.
Public charges.
6504.
Failure to maintain status or satisfy entry conditions.
6505.
Encouraging others to enter illegally.
6506.
Criminal offenses.
6507.
Failure to register and falsification of documents.
6508.
National security.
6509.
Participation in Nazi persecution or genocide.
6510.
Nonapplication of certain grounds to special immigrants dependent on juvenile court.
SUBCHAPTER II—PROCEDURE
6531.
Arrest and detention pending decision on deportation.
6532.
Deportation proceedings.
6533.
Expeditious proceedings for convicted aliens.
6534.
Judicial deportation of convicted aliens.
6535.
Right to counsel.
6536.
Judicial review.
6537.
Detention, release, and deportation of aliens ordered deported.
6538.
Countries to which aliens may be deported.
6539.
Suspension of deportation.
6540.
Voluntary departure and removal.
6541.
Ineligibility for discretionary relief for failure to appear.
6542.
Duties of private parties and costs of deportation.
SUBCHAPTER I—GROUNDS
§ 6501. Excludable at time of entry or adjustment of status
or in the United States illegally
(a) GENERAL.—An alien shall be deported if the alien—
(1) was excludable at the time of entry or adjustment of status
under a law in effect at that time;
(2) entered the United States—
(A) without inspection; or
(B) at a time or place not designated by an immigration officer;
or
(3) is in the United States in violation of a law of the United States.
(b) WAIVERS FOR CERTAIN MISREPRESENTATIONS.—(1) The Attorney
General may waive subsection (a)(1) of this section for an alien (except an
alien deportable under section 6509 of this title) who was excludable under
section 6301(a)(1) of this title at the time of entry if the alien—
(A) is the spouse, parent, son, or daughter of a citizen of the United
States or of an alien lawfully admitted for permanent residence;
(B) had an immigrant visa or equivalent documentation at the time
of entry; and
(C) was otherwise admissible at the time of entry, except under sec-
tion 4311(a)(1) or 6313(a)(2) or (c) of this title as a direct result of
the fraud or misrepresentation.
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(2) A waiver of deportation under paragraph (1) of this subsection for
fraud or misrepresentation is also a waiver of deportation based on other
grounds of inadmissibility at the time of entry directly resulting from the
fraud or misrepresentation.
§ 6502. Marriage fraud and failure to marry timely
(a) MARRIAGE FRAUD.—(1) An alien shall be deported if—
(A) the alien obtained entry into the United States with an immi-
grant visa or other documentation obtained because of a marriage that
was entered into less than 2 years before the alien’s entry and that was
judicially annulled or terminated within 2 years after the alien’s entry;
or
(B) the Attorney General is satisfied that the alien failed or refused
to fulfill the alien’s marital agreement that, in the opinion of the Attor-
ney General, was made to obtain entry into the United States as an
immigrant.
(2) Paragraph (1)(A) of this subsection does not apply to an alien who
satisfies the Attorney General that the marriage was not made to evade the
immigration laws.
(b) FAILURE TO MARRY WITHIN 90 DAYS.—An alien who enters the
United States as a nonimmigrant classified under section 2309(a) of this
title, and a minor child of the alien accompanying or following to join the
alien, shall depart from the United States if, within 90 days after entry,
the alien does not marry the citizen who filed the petition for the alien
under section 2309(b) of this title. If they do not depart, they shall be de-
ported.
§ 6503. Public charges
An alien shall be deported if the alien, within 5 years after entry, has
become a public charge from causes not affirmatively shown to have arisen
since entry.
§ 6504. Failure to maintain status or satisfy entry conditions
(a) NONIMMIGRANT STATUS NOT MAINTAINED.—(1) Subject to para-
graph (2) of this subsection, an alien admitted to the United States as a
nonimmigrant shall be deported if the alien does not—
(A) maintain the nonimmigrant status under which the alien was ad-
mitted or which the alien acquired under section 9109 of this title; or
(B) comply with a condition of the nonimmigrant status.
(2) An alien admitted as a nonimmigrant classified under section 2301(1)
or 2302(1) of this title and not maintaining the nonimmigrant status under
which the alien was admitted may be deported only if—
(A) the Secretary of State approves; or
(B) the alien is deportable under section 6508 or 6509 of this title.
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(b) NONCOMPLIANCE WITH HEALTH WAIVER CONDITIONS.—An alien
admitted to the United States as a result of a waiver under section 6302(b)
of this title shall be deported if the Secretary of Health and Human Serv-
ices certifies that the alien has not complied with a condition of the waiver.
(c) SPECIAL AGRICULTURAL WORKERS.—An alien lawfully admitted for
temporary residence under section 210A of the Immigration and Nationality
Act (ch. 477, 66 Stat. 163) shall be deported if the alien does not meet
the requirement of section 210A(d)(5)(A) of that Act by the end of the ap-
plicable period.
(d) TERMINATION OF CONDITIONAL PERMANENT RESIDENT STATUS.—
An alien lawfully admitted for permanent residence on a conditional basis
under chapter 45 of this title shall be deported if the status is terminated.
However, this subsection does not apply if a waiver is granted under section
4506(b) of this title.
§ 6505. Encouraging others to enter illegally
(a) GENERAL.—An alien shall be deported if the alien, before or within
5 years after entry, knowingly has encouraged, induced, or assisted another
alien to enter or attempt to enter the United States in violation of law.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply to
an alien who—
(1) is an eligible immigrant (as defined in section 301(b) of the Im-
migration Act of 1990 (Public Law 101–649, 104 Stat. 5029));
(2) was physically present in the United States on May 5, 1988;
(3) is seeking—
(A) admission as an immediate relative;
(B) admission under section 4103(c) of this title (including
under section 112 of the Immigration Act of 1990 (Public Law
101–649, 104 Stat. 4987)); or
(C) benefits under section 301(a) of that Act (104 Stat. 5029);
and
(4) before May 5, 1988, encouraged, induced, or assisted only the
alien’s spouse, parent, son, or daughter (and no other individual) to
enter the United States in violation of law.
(c) WAIVERS.—The Attorney General may waive subsection (a) of this
section for humanitarian purposes, to ensure family unity, or when it is oth-
erwise in the public interest, for an alien who—
(1) is lawfully admitted for permanent residence; and
(2) has encouraged, induced, or assisted only the alien’s spouse, par-
ent, son, or daughter (and no other individual) to enter the United
States in violation of law.
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§ 6506. Criminal offenses
(a) MORAL TURPITUDE AND AGGRAVATED FELONIES.—(1) An alien shall
be deported if the alien is—
(A)(i) convicted of an offense involving moral turpitude committed
within 5 years after entry or, if the alien is granted the status of an
alien lawfully admitted for permanent residence under section 9101(e)
of this title, within 10 years after entry; and
(ii) sentenced to confinement or confined for the offense in a prison
or correctional institution for at least one year;
(B) convicted, after entry, of at least 2 offenses involving moral tur-
pitude not arising out of a single scheme of misconduct, regardless of
whether the convictions were in a single trial or the alien was confined
for the offenses; or
(C) convicted, after entry, of an aggravated felony.
(2) Paragraph (1) of this subsection does not apply to a conviction of an
alien if the President or the chief executive officer of a State has granted
the alien a full and unconditional pardon.
(b) CONTROLLED SUBSTANCES.—An alien shall be deported if the alien—
(1) is convicted, after entry, of violating, or conspiring or attempting
to violate, a law or regulation of a State, the United States, or a for-
eign country related to a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)), except a single
offense of possession for one’s own use of not more than 30 grams of
marijuana; or
(2) is, or at any time after entry has been, a drug abuser or addict.
(c) FIREARMS.—An alien shall be deported if the alien, after entry, is
convicted under any law of purchasing, selling, offering for sale, exchanging,
using, owning, possessing, or carrying, or attempting or conspiring to pur-
chase, sell, offer for sale, exchange, use, own, possess, or carry, in violation
of law any weapon, part, or accessory that is a firearm or destructive device
(as defined in section 921(a) of title 18).
(d) MISCELLANEOUS.—An alien shall be deported if the alien has been
convicted at any time (and the judgment on the conviction has become final)
of violating or conspiring or attempting to violate—
(1) section 511 or 10151(a) of this title;
(2) chapter 37, 105, or 115 of title 18 if a term of imprisonment
of at least 5 years may be imposed;
(3) section 871 or 960 of title 18;
(4) the Trading with the Enemy Act (50 App. U.S.C. 1 et seq.); or
(5) the Military Selective Service Act (50 App. U.S.C. 451 et seq.);