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(A) is satisfied on the basis of confidential information that the alien
is excludable under section 6308(a)(1)–(3), (b), or (c) of this title; and
(B) after consulting with appropriate security agencies of the United
States Government, concludes that disclosure of the information would
be prejudicial to the public interest, safety, or security.
§ 6104. Physical and mental examinations of arriving aliens
(a) EXAMINATIONS BY MEDICAL OFFICERS.—Except as provided in sub-
section (c) of this section, a physical and medical examination required
under section 6103(c) of this title shall be conducted by a medical officer
of the Public Health Service. The medical officer shall certify, for the infor-
mation of immigration officers and immigration judges, any observation by
the medical officer that an alien—
(1) has a condition described in section 6302(a) of this title; or
(2) is helpless because of sickness, physical or mental disability, or
infancy.
(b) OFFICERS TRAINED IN MENTAL EXAMINATIONS.—Medical officers of
the Public Health Service, specially trained in diagnosing mental disorders,
shall be assigned to ports of entry designated by the Attorney General. The
Attorney General shall provide those medical officers with interpreters and
suitable facilities for the detention and examination of arriving aliens sus-
pected of being excludable under section 6302(a) of this title.
(c) USE OF PRIVATE AND MILITARY PHYSICIANS.—If a medical officer
of the Public Health Service is not available to conduct an examination
under subsection (a) of this section, the Attorney General may obtain, on
terms the Attorney General prescribes, the services of—
(1) a private physician with at least 4 years of professional experi-
ence; or
(2) if the alien to be examined is a special immigrant as defined in
section 134(a)(13) of this title, a physician of the armed forces of the
United States with at least 4 years of professional experience.
(d) EXAMINATIONS CONDUCTED UNDER REGULATIONS.—Examinations
under this section shall be conducted under administrative regulations pre-
scribed by the Attorney General and medical regulations prescribed by the
Secretary of Health and Human Services.
(e) APPEAL OF CERTIFICATION.—An alien certified under this section as
having a condition described in section 6302(a) of this title may appeal the
certification to a board of medical officers of the Public Health Service con-
vened by the Secretary. The alien may present before the board, at the
alien’s expense, one expert medical witness.
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§ 6105. Custody pending decisions on excluding aliens con-
victed of aggravated felonies
(a) CUSTODY.—Pending a decision on excludability, the Attorney General
shall take into custody an alien convicted of an aggravated felony when the
alien is released (whether the alien is released on parole, supervised release,
or probation or may be arrested or imprisoned again for the same offense).
(b) RELEASE FROM CUSTODY.—The Attorney General may release an
alien taken into custody under subsection (a) of this section only if—
(1) the Attorney General decides that the alien may not be deported
because the condition described in section 4313(f) of this title exists;
and
(2)(A) a procedure has been established for reviewing each request
for release under this subsection;
(B) the procedure includes consideration of the severity of the felony
committed; and
(C) the review concludes that the alien will not pose a danger to the
safety of other individuals or to property.
§ 6106. Presidential authority to limit entry of aliens
(a) SUSPENDING
OR RESTRICTING ENTRY
OF CERTAIN ALIENS
OR
CLASSES OF ALIENS.—When the President finds that the entry of aliens
or a class of aliens into the United States would be detrimental to the inter-
ests of the United States, the President, by proclamation, may suspend the
entry of all aliens or a class of aliens or impose restrictions on their entry,
for any period the President considers necessary.
(b) BARRING ENTRY OF IMMEDIATE RELATIVES AND BUSINESS PART-
NERS OF DRUG TRAFFICKERS.—The President shall take all reasonable
steps provided by law to ensure that the immediate relatives of an individual
described in section 487(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291f(a)), and the business partners of an individual or entity de-
scribed in section 487(a), are not permitted entry into the United States.
§ 6107. Denial of admission of United Nations representa-
tives because of espionage
The President shall use the authority of the President, including the au-
thority contained in section 6 of the Joint Resolution of August 4, 1947
(ch. 482, 61 Stat. 767) (known as the United Nations Headquarters Agree-
ment Act), to deny admission of an individual to the United States as a
representative to the United Nations if the President decides that the indi-
vidual has been found to have been engaged in espionage activities directed
against the United States or its allies and may pose a threat to the security
interests of the United States. The President may waive this section if the