Department of Homeland Security § 235.1

circumstances of the flight and of the an airport as an international airport emergency or forced landing. for the entry of aliens may be with- drawn whenever, in the judgment of [22 FR 9795, Dec. 6, 1957, as amended at 32 FR 9631, July 4, 1967; 45 FR 29243, May 1, 1980; 49 the Commissioner, there appears just FR 50019, Dec. 26, 1984; 54 FR 102, Jan. 4, 1989; cause for such action. 54 FR 1050, Jan. 11, 1989; 65 FR 58903, Oct. 3, [22 FR 9795, Dec. 6, 1957] 2000; 76 FR 5060, Jan. 28, 2011; 81 FR 14953, Mar. 21, 2016] PART 235—INSPECTION OF PER- § 234.3 Aircraft; how considered. SONS APPLYING FOR ADMIS- Except as otherwise specifically pro- SION vided in the Immigration and Nation- ality Act and this chapter, aircraft ar- Sec. riving in or departing from the conti- 235.1 Scope of examination. nental United States or Alaska di- 235.2 Parole for deferred inspection. rectly from or to foreign contiguous 235.3 Inadmissible aliens and expedited re- moval. territory or the French island of St. 235.4 Withdrawal of application for admis- Pierre or Miquelon shall be regarded sion. for the purposes of the Immigration 235.5 Preinspection. and Nationality Act and this chapter 235.6 Referral to immigration judge. as other transportation lines or compa- 235.7 Automated inspection services. nies arriving or departing over the land 235.8 Inadmissibility on security and re- borders of the United States. lated grounds. 235.9 Northern Marianas identification card. [22 FR 9795, Dec. 6, 1957. Redesignated and 235.10 U.S. Citizen Identification Card. amended at 62 FR 10353, Mar. 6, 1997] 235.11 Admission of conditional permanent residents. § 234.4 International airports for entry 235.12 Global Entry program. of aliens. 235.13 U.S. Asia-Pacific Economic Coopera- tion Business Travel Card Program. International airports for the entry of aliens shall be those airports des- AUTHORITY: 8 U.S.C. 1101 and note, 1103, ignated as such by the Commissioner. 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p. 278), 1201, 1224, 1225, An application for designation of an 1226, 1228, 1365a note, 1365b, 1379, 1731–32; Title airport as an international airport for VII of Pub. L. 110–229; 8 U.S.C. 1185 note (sec- the entry of aliens shall be made to the tion 7209 of Pub. L. 108–458); Pub. L. 112–54; Commissioner and shall state whether Pub. L. 115–218. the airport: (a) Has been approved by the Secretary of Commerce as a prop- § 235.1 Scope of examination. erly equipped airport, (b) has been des- (a) General. Application to lawfully ignated by the Secretary of the Treas- enter the United States shall be made ury as a port of entry for aircraft arriv- in person to an immigration officer at ing in the United States from any place a U.S. port-of-entry when the port is outside thereof and for the merchan- open for inspection, or as otherwise dise carried thereon, and (c) has been designated in this section. designated by the Secretary of Health, (b) U.S. Citizens. A person claiming Education, and Welfare as a place for U.S. citizenship must establish that quarantine inspection. An airport shall fact to the examining officer’s satisfac- not be so designated by the Commis- tion and must present a U.S. passport sioner without such prior approval and or alternative documentation as re- designation, and unless it appears to quired by 22 CFR part 53. If such appli- the satisfaction of the Commissioner cant for admission fails to satisfy the that conditions render such designa- examining immigration officer that he tion necessary or advisable, and unless or she is a U.S. citizen, he or she shall adequate facilities have been or will be thereafter be inspected as an alien. A provided at such airport without cost U.S. citizen must present a valid unex- to the Federal Government for the pired U.S. passport book upon entering proper inspection and disposition of the United States, unless he or she pre- aliens, including office space and such sents one of the following documents: temporary detention quarters as may (1) Passport card. A U.S. citizen who be found necessary. The designation of possesses a valid unexpired United

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States passport card, as defined in 22 Report of Birth Abroad, or a Certifi- CFR 53.1, may present the passport cate of Naturalization issued by U.S. card when entering the United States Citizenship and Immigration Services. from contiguous territory or adjacent (6) Native American holders of an Amer- islands at land or sea ports-of-entry. ican Indian card. A Native American (2) Merchant Mariner Document. A holder of a Form I–872 American Indian U.S. citizen who holds a valid Mer- Card arriving from contiguous terri- chant Mariner Document (MMD) issued tory or adjacent islands may present by the U.S. Coast Guard may present the Form I–872 card prior to entering an unexpired MMD used in conjunction the United States at a land or sea port- with official maritime business when of-entry. entering the United States. (7) Native American holders of tribal (3) Military identification. Any U.S. documents. A U.S. citizen holder of a citizen member of the U.S. Armed tribal document issued by a United Forces who is in the uniform of, or States qualifying tribal entity or group bears documents identifying him or her of United States qualifying tribal enti- as a member of, such Armed Forces, ties, as provided in paragraph (e) of and who is coming to or departing from this section, who is arriving from con- the United States under official orders tiguous territory or adjacent islands or permit of such Armed Forces, may may present the tribal document prior present a military identification card to entering the United States at a land and the official orders when entering or sea port-of-entry. the United States. (8) Children. A child who is a United (4) Trusted traveler programs. A U.S. States citizen entering the United citizen who travels as a participant in States from contiguous territory at a the NEXUS, FAST, or SENTRI pro- sea or land ports-of-entry may present grams may present a valid NEXUS pro- certain other documents, if the arrival gram card when using a NEXUS Air falls under subsection (i) or (ii). kiosk or a valid NEXUS, FAST, or (i) Children under Age 16. A U.S. cit- SENTRI card at a land or sea port-of- izen who is under the age of 16 is per- entry prior to entering the United mitted to present either an original or States from contiguous territory or ad- a copy of his or her birth certificate, a jacent islands. A U.S. citizen who en- Consular Report of Birth Abroad issued ters the United States by pleasure ves- by the Department of State, or a Cer- sel from Canada using the remote in- tificate of Naturalization issued by spection system may present a NEXUS U.S. Citizenship and Immigration Serv- program card. ices when entering the United States (5) Certain cruise ship passengers. A from contiguous territory at land or U.S. citizen traveling entirely within sea ports-of-entry. the Western Hemisphere is permitted (ii) Groups of Children under Age 19. A to present a government-issued photo U.S. citizen, who is under age 19 and is identification document in combina- traveling with a public or private tion with either an original or a copy school group, religious group, social or of his or her birth certificate, a Con- cultural organization, or team associ- sular Report of Birth Abroad issued by ated with a youth sport organization is the Department of State, or a Certifi- permitted to present either an original cate of Naturalization issued by U.S. or a copy of his or her birth certificate, Citizenship and Immigration Services a Consular Report of Birth Abroad for entering the United States when issued by the Department of State, or a the United States citizen: Certificate of Naturalization issued by (i) Boards a cruise ship at a port or U.S. Citizenship and Immigration Serv- place within the United States; and, ices when arriving from contiguous ter- (ii) Returns on the return voyage of ritory at land or sea ports-of-entry, the same cruise ship to the same when the group, organization, or team United States port or place from where is under the supervision of an adult af- he or she originally departed. filiated with the group, organization, On such cruises, U.S. Citizens under or team and when the child has paren- the age of 16 may present an original or tal or legal guardian consent to travel. a copy of a birth certificate, a Consular For purposes of this paragraph, an

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adult is considered to be a person age ignation by the Secretary of Homeland 19 or older. The following requirements Security of an enhanced driver’s li- will apply: cense as an acceptable document to de- (A) The group or organization must note identity and citizenship for pur- provide to CBP upon crossing the bor- poses of entering the United States, der, on organizational letterhead: U.S. and Canadian citizens may be per- (1) The name of the group, organiza- mitted to present these documents in tion or team, and the name of the su- lieu of a passport upon entering or pervising adult; seeking admission to the United States (2) A list of the children on the trip; according to the terms of the agree- (3) For each child, the primary ad- ments entered between the Secretary dress, primary phone number, date of of Homeland Security and the entity. birth, place of birth, and name of a par- The Secretary of Homeland Security ent or legal guardian. will announce, by publication of a no- (B) The adult leading the group, or- tice in the FEDERAL REGISTER, docu- ganization, or team must demonstrate ments designated under this paragraph. parental or legal guardian consent by A list of the documents designated certifying in the writing submitted in under this paragraph will also be made paragraph (b)(8)(ii)(A) of this section available to the public. that he or she has obtained for each (e) Native American Tribal Cards; alter- child the consent of at least one parent native requirements. Upon the designa- or legal guardian. tion by the Secretary of Homeland Se- (C) The inspection procedure de- curity of a United States qualifying scribed in this paragraph is limited to tribal entity document as an accept- members of the group, organization, or able document to denote identity and team who are under age 19. Other mem- citizenship for purposes of entering the bers of the group, organization, or United States, Native Americans may team must comply with other applica- be permitted to present tribal cards ble document and/or inspection re- upon entering or seeking admission to quirements found in this part. the United States according to the (c) Alien members of United States terms of the voluntary agreement en- Armed Forces and members of a force of a tered between the Secretary of Home- NATO country. Any alien member of land Security and the tribe. The Sec- the United States Armed Forces who is retary of Homeland Security will an- in the uniform of, or bears documents nounce, by publication of a notice in identifying him or her as a member of, the FEDERAL REGISTER, documents des- such Armed Forces, and who is coming ignated under this paragraph. A list of to or departing from the United States the documents designated under this under official orders or permit of such paragraph will also be made available Armed Forces is not subject to the re- to the public. moval provisions of the Act. A member (f) Alien applicants for admission. (1) of the force of a NATO country signa- Each alien seeking admission at a tory to Article III of the Status of United States port-of-entry must Forces Agreement seeking to enter the present whatever documents are re- United States under official orders is quired and must establish to the satis- exempt from the control provision of faction of the inspecting officer that the Act. Any alien who is a member of the alien is not subject to removal either of the foregoing classes may, under the immigration laws, Executive upon request, be inspected and his or Orders, or Presidential Proclamations, her entry as an alien may be recorded. and is entitled, under all of the applica- If the alien does not appear to the ex- ble provisions of the immigration laws amining immigration officer to be and this chapter, to enter the United clearly and beyond a doubt entitled to States. enter the United States under the pro- (i) A person claiming to have been visions of the Act, the alien shall be so lawfully admitted for permanent resi- informed and his or her entry shall not dence must establish that fact to the be recorded. satisfaction of the inspecting officer (d) Enhanced Driver’s License Projects; and must present proper documents in alternative requirements. Upon the des- accordance with § 211.1 of this chapter.

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(ii) The Secretary of Homeland Secu- (2) An alien present in the United rity or his designee may require any States who has not been admitted or alien, other than aliens exempted paroled or an alien who seeks entry at under paragraph (iv) of this section or other than an open, designated port-of- Canadian citizens under section entry, except as otherwise permitted in 101(a)(15)(B) of the Act who are not oth- this section, is subject to the provi- erwise required to present a visa or be sions of section 212(a) of the Act and to issued Form I–94 (see § 1.4) or Form I–95 removal under section 235(b) or 240 of for admission or parole into the United the Act. States, to provide fingerprints, photo- (3) An alien who is brought to the graph(s) or other specified biometric United States, whether or not to a des- identifiers, documentation of his or her ignated port-of-entry and regardless of immigration status in the United the means of transportation, after hav- States, and such other evidence as may ing been interdicted in international or be requested to determine the alien’s United States waters, is considered an identity and whether he or she has applicant for admission and shall be ex- properly maintained his or her status amined under section 235(b) of the Act. while in the United States and/or (4) An alien stowaway is not an appli- whether he or she is admissible. The cant for admission and may not be ad- failure of an alien at the time of in- mitted to the United States. A stow- spection to comply with any require- away shall be removed from the United ment to provide biometric identifiers States under section 235(a)(2) of the may result in a determination that the Act. The provisions of section 240 of alien is inadmissible under section the Act are not applicable to stow- 212(a) of the Immigration and Nation- aways, nor is the stowaway entitled to ality Act or any other law. further hearing or review of the re- (iii) Aliens who are required under moval, except that an alien stowaway paragraph (d)(1)(ii) to provide biomet- who indicates an intention to apply for ric identifier(s) at inspection may also asylum, or expresses a fear of persecu- be subject to the departure require- tion, a fear of torture, or a fear of re- ments for biometrics contained in turn to the country of proposed re- § 215.8 of this chapter, unless otherwise moval shall be referred to an asylum exempted. officer for a determination of credible (iv) The requirements of paragraph fear of persecution or torture in ac- (d)(1)(ii) shall not apply to: cordance with section 235(b)(1)(B) of (A) Aliens younger than 14 or older the Act and § 208.30 of this chapter. An than 79 on date of admission; alien stowaway who is determined to (B) Aliens admitted on A–1, A–2, C–3 have a credible fear of persecution or (except for attendants, servants, or torture shall have his or her asylum personal employees of accredited offi- application adjudicated in accordance cials), G–1, G–2, G–3, G–4, NATO–1, with § 208.2(b)(2) of this chapter. NATO–2, NATO–3, NATO–4, NATO–5, or (g) U.S. citizens, lawful permanent resi- NATO–6 visas, and certain Taiwan offi- dents of the United States, and other cials who hold E–1 visas and members aliens, entering the United States along of their immediate families who hold the northern border, other than at a port- E–1 visas unless the Secretary of State of-entry. A citizen of Canada or a per- and the Secretary of Homeland Secu- manent resident of Canada who is a na- rity jointly determine that a class of tional of a country listed in § 217.2(a) of such aliens should be subject to the re- this chapter may, if in possession of a quirements of paragraph (d)(1)(ii); valid, unexpired, Canadian Border Boat (C) Classes of aliens to whom the Sec- Landing Permit(Form I–68) or evidence retary of Homeland Security and the of enrollment in any other Service Al- Secretary of State jointly determine it ternative Inspections program (e.g., shall not apply; or the Immigration and Naturalization (D) An individual alien to whom the Service Passenger Accelerated Service Secretary of Homeland Security, the System (INSPASS) or the Port Pas- Secretary of State, or the Director of senger Accelerated Service System Central Intelligence determines it shall (PORTPASS)), enter the United States not apply. by means of a pleasure craft along the

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northern border of the United States complete, it must be accompanied by from time-to-time without further in- the following: spection. No persons other than those (i) For each person included on the described in this paragraph may par- application, evidence of citizenship, ticipate in this program. Permanent and, if not a citizen of the Untied residents of Canada who are nationals States or Canada, evidence of legal per- of a designated Visa Waiver Program manent resident status in either the country listed in § 217.2(a) of this chap- United States or Canada. Evidence of ter must be in possession of a valid, un- residency must be submitted by all ap- expired passport issued by his or her plicants. It is not required that all per- country of nationality, and an unex- sons on the application be of the same pired multiple entry Form I–94W, Non- nationality; however, they must all be immigrant Visa Waiver Arrival/Depar- individually eligible to participate in ture Form, or an unexpired passport, this program. valid unexpired United States visa and (ii) If multiple members of a family, I–94 Arrival/Departure Form. When an as defined in paragraph (e)(1) of this entry to the United States is made by section, are included on a single appli- a person who is a Canadian citizen or a cation, evidence of the familial rela- permanent resident of Canada who is a tionship. national of a designated Visa Waiver (iii) A fee as prescribed in 8 CFR Program country listed in § 217.2(a) of 103.7(d)(3). this chapter, entry may be made under (iv) A copy of any previously ap- this program only for a purpose as de- proved Form I–68. scribed in section 101(a)(15)(B)(ii) of the (v) A permanent resident of Canada Act as a visitor for pleasure. Persons who is a national of a Visa Waiver Pro- seeking to enter the United States for gram may apply for admission simulta- any other purpose must do so at a port- neously with the Form I–68 application of-entry staffed by immigration inspec- and thereby obtain a Form I–94 or I– tors. Persons aboard a vessel which has 94W. crossed the international boundary be- (2) Submission of Form I–68. Except as tween the United States and Canada indicated in this paragraph, Form I–68 and who do not intend to land in the shall be properly completed and sub- United States, other than at a staffed mitted in person, along with the docu- port-of-entry, are not required to be in mentary evidence and the required fee possession of Form I–68, Canadian Bor- as specified in 8 CFR 103.7(d)(3), to a der Boat Landing Permit, or evidence United States immigration officer at a of enrollment in an Alternative Inspec- Canadian border Port-of-Entry located tions program merely because they within the district having jurisdiction have crossed the international bound- over the applicant’s residence or in- ary. However, the Service retains the tended place of landing. Persons pre- right to conduct inspections or exami- viously granted Form I–68 approval nations of all persons applying for ad- may apply by mail to the issuing Serv- mission or readmission to or seeking ice office for renewal if a copy of the transit through the United States in previous Form I–68 is included in the accordance with the Act. application. At the discretion of the (1) Application. An eligible applicant district director concerned, any appli- may apply for a Canadian Border Boat cant for renewal of Form I–68 may be Landing Permit by completing the required to appear for an interview in Form I–68 in triplicate. Application person if the applicant does not appear forms will be made readily available to be clearly eligible for renewal. through the Internet, from a Service (3) Denial of Form I–68. If the appli- office, or by mail. A family may apply cant has committed a violation of any on a single application. For the pur- immigration or customs regulation or, poses of this paragraph, a family is de- in the case of an alien, is inadmissible fined as a husband, wife, unmarried to the United States, approval of the children under the age of 21, and the Form I–68 shall be denied. However, if, parents of either husband or wife, who in the exercise of discretion, the dis- reside at the same address. In order for trict director waives under section the I–68 application to be considered 212(d)(3) of the Act all applicable

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grounds of inadmissibility, the I–68 ap- restricted items while entering the plication may be approved for such United States under this program. The non-citizens. If the Form I–68 applica- entry of any merchandise or goods tion is denied, the applicant shall be must be in accordance with the laws given written notice of and the reasons and regulations of all Federal Inspec- for the denial by letter from the dis- tion Services. trict director. There is no appeal from (iv) Participants must agree to ran- the denial of the Form I–68 application, dom checks or inspections that may be but the denial is without prejudice to a conducted by the Service, at any time subsequent application for this pro- and at any location, to ensure compli- gram or any other Service benefit, ex- ance. cept that the applicant may not submit (v) Participants must abide by all a subsequent Form I–68 application for Federal, state, and local laws regarding 90 days after the date of the last denial. the importation of alcohol or agricul- (4) Validity. Form I–68 shall be valid tural products or the importation or for 1 year from the date of issuance, or possession of controlled substances as until revoked or violated by the Serv- defined in section 101 of the Controlled ice. Substance Act (21 U.S.C. 802). (5) Conditions for participation in the I– (vi) Participants acknowledge that 68 program. Upon being inspected and all devices, decals, cards, or other Fed- positively identified by an immigration eral Government supplied identifica- officer and found admissible and eligi- tion or technology used to identify or ble for participation in the I–68 pro- inspect persons or vessels seeking gram, a participant must agree to entry via this program remain the abide by the following conditions: property of the United States Govern- (i) Form I–68 may be used only when ment at all times, and must be surren- entering the United States by means of dered upon request by a Border Patrol a vessel exclusively used for pleasure, Agent or any other officer of a Federal including chartered vessels when such Inspection Service. vessel has been chartered by an ap- (vii) The captain, charterer, master, proved Form I–68 holder. When used by or owner (if aboard) of each vessel a person who is a not a citizen or a law- bringing persons into the United States ful permanent resident of the United is responsible for determining that all States, admission shall be for a period persons aboard the vessel are in posses- not to exceed 72 hours to visit within 25 sion of a valid, unexpired Form I–68 or miles of the shore line along the north- other evidence of participation in a ern border of the United States, includ- Service Alternative Inspections pro- ing the shore line of Lake Michigan gram (INSPASS or PORTPASS) prior and Puget Sound. to entry into the territorial waters of (ii) Participants must be in posses- the United States. If any person on sion of any authorization documents board is not in possession of such evi- issued for participation in this program dence, the captain, charterer, master, or another Service Alternative Inspec- or owner must transport such person to tions program (INSPASS or a staffed United States Port-of-Entry PORTPASS). Participants over the age for an in-person immigration inspec- of 15 years and who are not in posses- tion. sion of an INSPASS or PORTPASS en- (6) Revocation. The district director, rollment card must also be in posses- the chief patrol agent, or their des- sion of a photographic identification ignated representatives may revoke document issued by a governmental the designation of any participant who agency. Participants who are perma- violates any condition of this program, nent residents of Canada who are na- as contained in paragraph (e)(5) of this tionals of a Visa Waiver Program coun- section, or who has violated any immi- try listed in § 217.2(a) of this chapter gration law or regulation, or a law or must also be in possession of proper regulation of the United States Cus- documentation as described in para- toms Service or other Federal Inspec- graph (e) of this section. tion Service, has abandoned his or her (iii) Participants may not import residence in the United States or Can- merchandise or transport controlled or ada, is inadmissible to the United

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States, or who is otherwise determined national admitted as a nonimmigrant by an immigration officer to be ineli- visitor who is: gible for continued participation in (A) Exempt from a visa and passport this program. Such persons may be pursuant to § 212.1(c)(1) of this chapter subject to other applicable sanctions, and is admitted for a period not to ex- such as criminal and/or administrative ceed 30 days to visit within 25 miles of prosecution or deportation, as well as the border; or possible seizure of goods and/or vessels. (B) In possession of a valid visa and If permission to participate is revoked, passport and is admitted for a period a written request to the district direc- not to exceed 72 hours to visit within 25 tor for restoration of permission to miles of the border; participate may be made. The district director will notify the person of his or (iv) Bearers of Mexican diplomatic or her decision and the reasons therefore official passports described in § 212.1(c) in writing. of this chapter; or (7) Compliance checking. Participation (v) Any Mexican national admitted in this program does not relieve the as a nonimmigrant visitor who is: holder from responsibility to comply (A) Exempt from a visa and passport with all other aspects of United States pursuant to § 212.1(c)(1) of this chapter Immigration, Customs, or other Fed- and is admitted at the Mexican border eral inspection service laws or regula- POEs in the State of Arizona at tions. To prevent abuse, the United Sasabe, Nogales, Mariposa, Naco or States Immigration and Naturalization Douglas to visit within the State of Ar- Service retains the right to conduct in- izona within 75 miles of the border for spections or examinations of all per- a period not to exceed 30 days; or sons applying for admission or read- (B) In possession of a valid visa and mission to or seeking transit through passport and is admitted at the Mexi- the United States in accordance with can border POEs in the State of Ari- the Immigration and Nationality Act. zona at Sasabe, Nogales, Mariposa, (h) Form I–94, Arrival-Departure Naco or Douglas to visit within the Record. (1) Unless otherwise exempted, State of Arizona within 75 miles of the each arriving nonimmigrant who is ad- mitted to the United States will be border for a period not to exceed 72 issued a Form I–94 as evidence of the hours; or terms of admission. For land border ad- (C) Exempt from visa and passport mission, a Form I–94 will be issued only pursuant to § 212.1(c)(1) of this chapter upon payment of a fee, and will be con- and is admitted for a period not to ex- sidered issued for multiple entries un- ceed 30 days to visit within the State of less specifically annotated for a lim- New Mexico within 55 miles of the bor- ited number of entries. A Form I–94 der or the area south of and including issued at other than a land border port- Interstate Highway I–10, whichever is of-entry, unless issued for multiple en- further north; or tries, must be surrendered upon depar- (D) In possession of a valid visa and ture from the United States in accord- passport and is admitted for a period ance with the instructions on the form. not to exceed 72 hours to visit within Form I–94 is not required by: the State of New Mexico within 55 (i) Any nonimmigrant alien described miles of the border or the area south of in § 212.1(a) of this chapter and 22 CFR and including Interstate Highway I–10, 41.33 who is admitted as a visitor for whichever is further north. business or pleasure or admitted to (2) Paroled aliens. Any alien paroled proceed in direct transit through the into the United States under section United States; (ii) Any nonimmigrant alien residing 212(d)(5) of the Act, including any alien in the British Virgin Islands who was admitted only to the U.S. Virgin Is- lands as a visitor for business or pleas- ure under § 212.1(b) of this chapter; (iii) Except as provided in paragraph (h)(1)(v) of this section, any Mexican

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crewmember, shall be issued a com- such application or the authorizing of pletely executed Form I–94, endorsed such admission by the immigration with the parole stamp. judge without additional fee. [62 FR 10353, Mar. 6, 1997, as amended at 62 (e) Whenever an alien on arrival is FR 47751, Sept. 11, 1997; 64 FR 8494, Feb. 19, found or believed to be suffering from a 1999; 64 FR 36561, July 7, 1999; 64 FR 68617, disability that renders it impractical Dec. 8, 1999; 67 FR 71449, Dec. 2, 2002; 68 FR to proceed with the examination under 5193, Jan. 31, 2003; 69 FR 480, Jan. 5, 2004; 69 the Act, the examination of such alien, FR 50053, Aug. 13, 2004; 69 FR 53333, Aug. 31, members of his or her family con- 2004; 69 FR 58037, Sept. 29, 2004; 71 FR 68429, cerning whose admissibility it is nec- Nov. 24, 2006; 73 FR 18416, Apr. 3, 2008; 73 FR 77491, Dec. 19, 2008; 74 FR 2837, Jan. 16, 2009; essary to have such alien testify, and 78 FR 18472, Mar. 27, 2013; 78 FR 35107, June any accompanying aliens whose protec- 12, 2013; 85 FR 46926, Aug. 3, 2020] tion or guardianship will be required should such alien be found inadmissible § 235.2 Parole for deferred inspection. shall be deferred for such time and (a) A district director may, in his or under such conditions as the district her discretion, defer the inspection of director in whose district the port is any vessel or aircraft, or of any alien, located imposes. to another Service office or port-of- [62 FR 10355, Mar. 6, 1997] entry. Any alien coming to a United States port from a foreign port, from § 235.3 Inadmissible aliens and expe- an outlying possession of the United dited removal. States, from Guam, Puerto Rico, or the Virgin Islands of the United States, or (a) Detention prior to inspection. All from another port of the United States persons arriving at a port-of-entry in at which examination under this part the United States by vessel or aircraft was deferred, shall be regarded as an shall be detained aboard the vessel or applicant for admission at that onward at the airport of arrival by the owner, port. agent, master, commanding officer, (b) An examining immigration officer person in charge, purser, or consignee may defer further examination and of such vessel or aircraft until admit- refer the alien’s case to the district di- ted or otherwise permitted to land by rector having jurisdiction over the an officer of the Service. Notice or place where the alien is seeking admis- order to detain shall not be required. sion, or over the place of the alien’s The owner, agent, master, commanding residence or destination in the United officer, person in charge, purser, or States, if the examining immigration consignee of such vessel or aircraft officer has reason to believe that the shall deliver every alien requiring ex- alien can overcome a finding of inad- amination to an immigration officer missibility by: for inspection or to a medical officer (1) Posting a bond under section 213 for examination. The Service will not of the Act; be liable for any expenses related to (2) Seeking and obtaining a waiver such detention or presentation or for under section 211 or 212(d)(3) or (4) of any expenses of a passenger who has the Act; or not been presented for inspection and (3) Presenting additional evidence of for whom a determination has not been admissibility not available at the time made concerning admissibility by a and place of the initial examination. Service officer. (c) Such deferral shall be accom- (b) Expedited removal—(1) Applica- plished pursuant to the provisions of bility. The expedited removal provi- section 212(d)(5) of the Act for the pe- sions shall apply to the following class- riod of time necessary to complete the es of aliens who are determined to be deferred inspection. inadmissible under section 212(a)(6)(C) (d) Refusal of a district director to or (7) of the Act: authorize admission under section 213 (i) Arriving aliens, as defined in 8 of the Act, or to grant an application CFR 1.2; for the benefits of section 211 or section (ii) As specifically designated by the 212(d) (3) or (4) of the Act, shall be Commissioner, aliens who arrive in, at- without prejudice to the renewal of tempt to enter, or have entered the

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United States without having been ad- in which the expedited removal provi- mitted or paroled following inspection sions will be applied and before remov- by an immigration officer at a des- ing an alien from the United States ignated port-of-entry, and who have pursuant to this section, the examining not established to the satisfaction of immigration officer shall create a the immigration officer that they have record of the facts of the case and been physically present in the United statements made by the alien. This States continuously for the 2-year pe- shall be accomplished by means of a riod immediately prior to the date of sworn statement using Form I–867AB, determination of inadmissibility. The Record of Sworn Statement in Pro- Commissioner shall have the sole dis- ceedings under Section 235(b)(1) of the cretion to apply the provisions of sec- Act. The examining immigration offi- tion 235(b)(1) of the Act, at any time, to cer shall read (or have read) to the any class of aliens described in this alien all information contained on section. The Commissioner’s designa- Form I–867A. Following questioning tion shall become effective upon publi- and recording of the alien’s statement cation of a notice in the FEDERAL REG- regarding identity, alienage, and inad- ISTER. However, if the Commissioner missibility, the examining immigra- determines, in the exercise of discre- tion officer shall record the alien’s re- tion, that the delay caused by publica- sponse to the questions contained on tion would adversely affect the inter- Form I–867B, and have the alien read ests of the United States or the effec- (or have read to him or her) the state- tive enforcement of the immigration ment, and the alien shall sign and ini- laws, the Commissioner’s designation tial each page of the statement and shall become effective immediately each correction. The examining immi- upon issuance, and shall be published gration officer shall advise the alien of in the FEDERAL REGISTER as soon as the charges against him or her on practicable thereafter. When these pro- Form I–860, Notice and Order of Expe- visions are in effect for aliens who dited Removal, and the alien shall be enter without inspection, the burden of given an opportunity to respond to proof rests with the alien to affirma- those charges in the sworn statement. tively show that he or she has the re- After obtaining supervisory concur- quired continuous physical presence in rence in accordance with paragraph the United States. Any absence from (b)(7) of this section, the examining im- the United States shall serve to break migration official shall serve the alien the period of continuous physical pres- with Form I–860 and the alien shall ence. An alien who was not inspected sign the reverse of the form acknowl- and admitted or paroled into the edging receipt. Interpretative assist- United States but who establishes that ance shall be used if necessary to com- he or she has been continuously phys- municate with the alien. ically present in the United States for (ii) No entitlement to hearings and ap- the 2-year period immediately prior to peals. Except as otherwise provided in the date of determination of inadmis- this section, such alien is not entitled sibility shall be detained in accordance to a hearing before an immigration with section 235(b)(2) of the Act for a judge in proceedings conducted pursu- proceeding under section 240 of the Act. ant to section 240 of the Act, or to an (2) Determination of inadmissibility—(i) appeal of the expedited removal order Record of proceeding. An alien who is ar- to the Board of Immigration Appeals. riving in the United States, or other (iii) Detention and parole of alien in ex- alien as designated pursuant to para- pedited removal. An alien whose inad- graph (b)(1)(ii) of this section, who is missibility is being considered under determined to be inadmissible under this section or who has been ordered section 212(a)(6)(C) or 212(a)(7) of the removed pursuant to this section shall Act (except an alien for whom docu- be detained pending determination and mentary requirements are waived removal, except that parole of such under § 211.1(b)(3) or § 212.1 of this chap- alien, in accordance with section ter), shall be ordered removed from the 212(d)(5) of the Act, may be permitted United States in accordance with sec- only when the Attorney General deter- tion 235(b)(1) of the Act. In every case mines, in the exercise of discretion,

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that parole is required to meet a med- (C) The right to request a review by ical emergency or is necessary for a le- an immigration judge of the asylum of- gitimate law enforcement objective. ficer’s credible fear determination; and (3) Additional charges of inadmis- (D) The consequences of failure to es- sibility. In the expedited removal proc- tablish a credible fear of persecution or ess, the Service may not charge an torture. alien with any additional grounds of (ii) Detention pending credible fear inadmissibility other than section interview. Pending the credible fear de- 212(a)(6)(C) or 212(a)(7) of the Act. If an termination by an asylum officer and alien appears to be inadmissible under any review of that determination by an other grounds contained in section immigration judge, the alien shall be 212(a) of the Act, and if the Service detained. Parole of such alien in ac- wishes to pursue such additional cordance with section 212(d)(5) of the grounds of inadmissibility, the alien Act may be permitted only when the shall be detained and referred for a re- Attorney General determines, in the moval hearing before an immigration exercise of discretion, that parole is re- judge pursuant to sections 235(b)(2) and quired to meet a medical emergency or 240 of the Act for inquiry into all is necessary for a legitimate law en- charges. Once the alien is in removal forcement objective. Prior to the inter- proceedings under section 240 of the view, the alien shall be given time to Act, the Service is not precluded from contact and consult with any person or lodging additional charges against the persons of his or her choosing. Such alien. Nothing in this paragraph shall consultation shall be made available in preclude the Service from pursuing accordance with the policies and proce- such additional grounds of inadmis- dures of the detention facility where sibility against the alien in any subse- the alien is detained, shall be at no ex- quent attempt to reenter the United pense to the government, and shall not States, provided the additional grounds unreasonably delay the process. of inadmissibility still exist. (5) Claim to lawful permanent resident, (4) Claim of asylum or fear of persecu- refugee, or asylee status or U.S. citizen- tion or torture. If an alien subject to the ship—(i) Verification of status. If an ap- expedited removal provisions indicates plicant for admission who is subject to an intention to apply for asylum, or ex- expedited removal pursuant to section presses a fear of persecution or torture, 235(b)(1) of the Act claims to have been or a fear of return to his or her coun- lawfully admitted for permanent resi- try, the inspecting officer shall not dence, admitted as a refugee under sec- proceed further with removal of the tion 207 of the Act, granted asylum alien until the alien has been referred under section 208 of the Act, or claims for an interview by an asylum officer to be a U.S. citizen, the immigration in accordance with 8 CFR 208.30. The officer shall attempt to verify the examining immigration officer shall alien’s claim. Such verification shall record sufficient information in the include a check of all available Service sworn statement to establish and data systems and any other means record that the alien has indicated available to the officer. An alien whose such intention, fear, or concern, and to claim to lawful permanent resident, establish the alien’s inadmissibility. refugee, asylee status, or U.S. citizen (i) Referral. The referring officer shall status cannot be verified will be ad- provide the alien with a written disclo- vised of the penalties for perjury, and sure on Form M–444, Information will be placed under oath or allowed to About Credible Fear Interview, describ- make a declaration as permitted under ing: 28 U.S.C. 1746, concerning his or her (A) The purpose of the referral and lawful admission for permanent resi- description of the credible fear inter- dence, admission as a refugee under view process; section 207 of the Act, grant of asylum (B) The right to consult with other status under section 208 of the Act, or persons prior to the interview and any claim to U.S. citizenship. A written review thereof at no expense to the statement shall be taken from the United States Government; alien in the alien’s own language and

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handwriting, stating that he or she de- ment, the examining immigration offi- clares, certifies, verifies, or states that cer may accept an application for a ref- the claim is true and correct. The im- ugee travel document in accordance migration officer shall issue an expe- with § 223.2(b)(2)(ii) of this chapter. If dited order of removal under section accepted, the immigration officer shall 235(b)(1)(A)(i) of the Act and refer the readmit the refugee or asylee in ac- alien to the immigration judge for re- cordance with § 223.3(d)(2)(i) of this view of the order in accordance with chapter. If the alien is determined not paragraph (b)(5)(iv) of this section and to be eligible to file an application for § 235.6(a)(2)(ii). The person shall be de- a refugee travel document the immi- tained pending review of the expedited gration officer may initiate removal removal order under this section. Pa- proceedings against the alien under role of such person, in accordance with section 240 of the Act. section 212(d)(5) of the Act, may be per- (iv) Review of order for claimed lawful mitted only when the Attorney Gen- permanent residents, refugees, asylees, or eral determines, in the exercise of dis- U.S. citizens. A person whose claim to cretion, that parole is required to meet U.S. citizenship has been verified may a medical emergency or is necessary not be ordered removed. When an alien for a legitimate law enforcement objec- whose status has not been verified but tive. who is claiming under oath or under (ii) Verified lawful permanent residents. penalty of perjury to be a lawful per- If the claim to lawful permanent resi- manent resident, refugee, asylee, or dent status is verified, and such status U.S. citizen is ordered removed pursu- has not been terminated in exclusion, ant to section 235(b)(1) of the Act, the deportation, or removal proceedings, case will be referred to an immigration the examining immigration officer judge for review of the expedited re- shall not order the alien removed pur- moval order under section 235(b)(1)(C) suant to section 235(b)(1) of the Act. of the Act and § 235.6(a)(2)(ii). If the im- The examining immigration officer migration judge determines that the will determine in accordance with sec- alien has never been admitted as a law- tion 101(a)(13)(C) of the Act whether ful permanent resident or as a refugee, the alien is considered to be making an granted asylum status, or is not a U.S. application for admission. If the alien citizen, the order issued by the immi- is determined to be seeking admission gration officer will be affirmed and the and the alien is otherwise admissible, Service will remove the alien. There is except that he or she is not in posses- no appeal from the decision of the im- sion of the required documentation, a migration judge. If the immigration discretionary waiver of documentary judge determines that the alien was requirements may be considered in ac- once so admitted as a lawful perma- cordance with section 211(b) of the Act nent resident or as a refugee, or was and § 211.1(b)(3) of this chapter or the granted asylum status, or is a U.S. cit- alien’s inspection may be deferred to izen, and such status has not been ter- an onward office for presentation of the minated by final administrative ac- required documents. If the alien ap- tion, the immigration judge will termi- pears to be inadmissible, the immigra- nate proceedings and vacate the expe- tion officer may initiate removal pro- dited removal order. The Service may ceedings against the alien under sec- initiate removal proceedings against tion 240 of the Act. such an alien, but not against a person (iii) Verified refugees and asylees. If a determined to be a U.S. citizen, in pro- check of Service records or other ceedings under section 240 of the Act. means indicates that the alien has been During removal proceedings, the immi- granted refugee status or asylee status, gration judge may consider any waiv- and such status has not been termi- ers, exceptions, or requests for relief nated in deportation, exclusion, or re- for which the alien is eligible. moval proceedings, the immigration of- (6) Opportunity for alien to establish ficer shall not order the alien removed that he or she was admitted or paroled pursuant to section 235(b)(1) of the Act. into the United States. If the Commis- If the alien is not in possession of a sioner determines that the expedited valid, unexpired refugee travel docu- removal provisions of section 235(b)(1)

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of the Act shall apply to any or all additional information from any source aliens described in paragraph (b)(2)(ii) and may require further interview of of this section, such alien will be given the alien. a reasonable opportunity to establish (8) Removal procedures relating to expe- to the satisfaction of the examining dited removal. An alien ordered removed immigration officer that he or she was pursuant to section 235(b)(1) of the Act admitted or paroled into the United shall be removed from the United States following inspection at a port- States in accordance with section of-entry. The alien will be allowed to 241(c) of the Act and 8 CFR part 241. present evidence or provide sufficient (9) Waivers of documentary require- information to support the claim. Such ments. Nothing in this section limits evidence may consist of documentation the discretionary authority of the At- in the possession of the alien, the Serv- torney General, including authority ice, or a third party. The examining under sections 211(b) or 212(d) of the immigration officer will consider all Act, to waive the documentary require- such evidence and information, make ments for arriving aliens. further inquiry if necessary, and will (10) Applicant for admission under sec- attempt to verify the alien’s status tion 217 of the Act. The provisions of through a check of all available Serv- § 235.3(b) do not apply to an applicant ice data systems. The burden rests for admission under section 217 of the with the alien to satisfy the examining Act. immigration officer of the claim of (c) Arriving aliens placed in proceedings lawful admission or parole. If the alien under section 240 of the Act. Except as establishes that he or she was lawfully otherwise provided in this chapter, any admitted or paroled, the case will be arriving alien who appears to the in- examined to determine if grounds of specting officer to be inadmissible, and deportability under section 237(a) of who is placed in removal proceedings the Act are applicable, or if paroled, pursuant to section 240 of the Act shall whether such parole has been, or be detained in accordance with section should be, terminated, and whether the 235(b) of the Act. Parole of such alien alien is inadmissible under section shall only be considered in accordance 212(a) of the Act. An alien who cannot with § 212.5(b) of this chapter. This satisfy the examining officer that he or paragraph shall also apply to any alien she was lawfully admitted or paroled who arrived before April 1, 1997, and will be ordered removed pursuant to who was placed in exclusion pro- section 235(b)(1) of the Act. ceedings. (7) Review of expedited removal orders. (d) Service custody. The Service will Any removal order entered by an exam- assume custody of any alien subject to ining immigration officer pursuant to detention under paragraph (b) or (c) of section 235(b)(1) of the Act must be re- this section. In its discretion, the Serv- viewed and approved by the appro- ice may require any alien who appears priate supervisor before the order is inadmissible and who arrives at a land considered final. Such supervisory re- border port-of-entry from Canada or view shall not be delegated below the Mexico, to remain in that country level of the second line supervisor, or a while awaiting a removal hearing. person acting in that capacity. The su- Such alien shall be considered detained pervisory review shall include a review for a proceeding within the meaning of of the sworn statement and any an- section 235(b) of the Act and may be or- swers and statements made by the dered removed in absentia by an immi- alien regarding a fear of removal or re- gration judge if the alien fails to ap- turn. The supervisory review and ap- pear for the hearing. proval of an expedited removal order (e) Detention in non-Service facility. for an alien described in section Whenever an alien is taken into Serv- 235(b)(1)(A)(iii) of the Act must include ice custody and detained at a facility a review of any claim of lawful admis- other than at a Service Processing Cen- sion or parole and any evidence or in- ter, the public or private entities con- formation presented to support such a tracted to perform such service shall claim, prior to approval of the order. In have been approved for such use by the such cases, the supervisor may request Service’s Jail Inspection Program or

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shall be performing such service under § 235.5 Preinspection. contract in compliance with the Stand- (a) In United States territories and pos- ard Statement of Work for Contract sessions. In the case of any aircraft pro- Detention Facilities. Both programs are administered by the Detention and ceeding from Guam, the Common- Deportation section having jurisdiction wealth of the Northern Mariana Islands over the alien’s place of detention. (beginning November 28, 2009), Puerto Under no circumstances shall an alien Rico, or the United States Virgin Is- be detained in facilities not meeting lands destined directly and without the four mandatory criteria for usage. touching at a foreign port or place, to These are: any other of such places, or to one of the States of the United States or the (1) 24-Hour supervision, District of Columbia, the examination (2) Conformance with safety and of the passengers and crew required by emergency codes, the Act may be made prior to the de- (3) Food service, and parture of the aircraft, and in such (4) Availability of emergency medical event, final determination of admissi- care. bility will be made immediately prior (f) Privilege of communication. The to such departure. The examination mandatory notification requirements will be conducted in accordance with of consular and diplomatic officers pur- sections 232, 235, and 240 of the Act and suant to § 236.1(e) of this chapter apply 8 CFR parts 235 and 240. If it appears to when an inadmissible alien is detained the immigration officer that any per- for removal proceedings, including for son in the United States being exam- purpose of conducting the credible fear ined under this section is prima facie determination. removable from the United States, fur- [62 FR 10355, Mar. 6, 1997, as amended at 64 ther action with respect to his or her FR 8494, Feb. 19, 1999; 65 FR 82256, Dec. 28, examination will be deferred and fur- 2000; 69 FR 69490, Nov. 29, 2004; 76 FR 53790, ther proceedings regarding remov- Aug. 29, 2011; 82 FR 4771, Jan. 17, 2017] ability conducted as provided in sec- tion 240 of the Act and 8 CFR part 240. § 235.4 Withdrawal of application for When the foregoing inspection proce- admission. dure is applied to any aircraft, persons The Attorney General may, in his or examined and found admissible will be her discretion, permit any alien appli- placed aboard the aircraft, or kept at cant for admission to withdraw his or the airport separate and apart from the her application for admission in lieu of general public until they are permitted removal proceedings under section 240 to board the aircraft. No other person of the Act or expedited removal under will be permitted to depart on such air- section 235(b)(1) of the Act. The alien’s craft until and unless he or she is found decision to withdraw his or her applica- to be admissible as provided in this sec- tion for admission must be made volun- tion. tarily, but nothing in this section shall (b) In foreign territory. In the case of be construed as to give an alien the any aircraft, vessel, or train proceeding right to withdraw his or her applica- directly, without stopping, from a port tion for admission. Permission to with- or place in foreign territory to a port- draw an application for admission of-entry in the United States, the ex- should not normally be granted unless amination and inspection of passengers the alien intends and is able to depart and crew required by the Act and final the United States immediately. An determination of admissibility may be alien permitted to withdraw his or her made immediately prior to such depar- application for admission shall nor- ture at the port or place in the foreign mally remain in carrier or Service cus- territory and shall have the same ef- tody pending departure, unless the dis- fect under the Act as though made at trict director determines that parole of the destined port-of-entry in the the alien is warranted in accordance United States. with § 212.5(b) of this chapter. [62 FR 10358, Mar. 6, 1997, as amended at 74 [62 FR 10358, Mar. 6, 1997; 62 FR 15363, Apr. 1, FR 2836, Jan. 16, 2009; 74 FR 25388, May 28, 1997; 65 FR 82256, Dec. 28, 2000] 2009]

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§ 235.6 Referral to immigration judge. Form I–863 to an alien in the following cases: (a) Notice—(1) Referral by Form I–862, (i) If an asylum officer determines Notice to Appear. An immigration offi- that an alien does not have a credible cer or asylum officer will sign and de- fear of persecution or torture, and the liver a Form I–862 to an alien in the alien requests a review of that deter- following cases: mination by an immigration judge; or (i) If, in accordance with the provi- (ii) If, in accordance with section sions of section 235(b)(2)(A) of the Act, 235(b)(1)(C) of the Act, an immigration the examining immigration officer de- officer refers an expedited removal tains an alien for a proceeding before order entered on an alien claiming to an immigration judge under section 240 be a lawful permanent resident, ref- of the Act; or ugee, asylee, or U.S. citizen for whom (ii) If an asylum officer determines the officer could not verify such status that an alien in expedited removal pro- to an immigration judge for review of ceedings has a credible fear of persecu- the order. tion or torture and refers the case to (iii) If an immigration officer refers the immigration judge for consider- an applicant described in § 208.2(b)(1) of ation of the application for asylum, ex- this chapter to an immigration judge cept that, prior to January 1, 2030, an for an asylum hearing under § 208.2(b)(2) alien arriving in the Commonwealth of of this chapter. the Northern Mariana Islands is not el- (b) Certification for mental condition; igible to apply for asylum but the im- medical appeal. An alien certified under migration judge may consider eligi- sections 212(a)(1) and 232(b) of the Act bility for withholding of removal pur- shall be advised by the examining im- suant to section 241(b)(3) of the Act or migration officer that he or she may withholding or deferral of removal appeal to a board of medical examiners under the Convention Against Torture. of the United States Public Health (iii) If the immigration judge deter- Service pursuant to section 232 of the mines that an alien in expedited re- Act. If such appeal is taken, the dis- moval proceedings has a credible fear trict director shall arrange for the con- of persecution or torture and vacates vening of the medical board. the expedited removal order issued by the asylum officer, except that, prior [62 FR 10358, Mar. 6, 1997, as amended at 64 to January 1, 2030, an alien physically FR 8494, Feb. 19, 1999; 74 FR 55739, Oct. 28, 2009; 85 FR 29316, May 14, 2020] present in or arriving in the Common- wealth of the Northern Mariana Islands EFFECTIVE DATE NOTES: 1. At 85 FR 80393, is not eligible to apply for asylum but Dec. 11, 2020, § 235.6 was amended by revising an immigration judge may consider eli- paragraphs (a)(1)(ii) and (a)(2)(i) and (iii) and gibility for withholding of removal adding paragraph (c), effective Jan. 11, 2021. For the convenience of the user, the added pursuant to section 241(b)(3) of the Act and revised text is set forth as follows: or withholding or deferral of removal under the Convention Against Torture. § 235.6 Referral to immigration judge. (iv) If an immigration officer verifies (a) * * * that an alien subject to expedited re- (1) * * * moval under section 235(b)(1) of the Act (ii) If an immigration officer verifies that has been admitted as a lawful perma- an alien subject to expedited removal under section 235(b)(1) of the Act has been admitted nent resident refugee, or asylee, or as a lawful permanent resident or refugee, or upon review pursuant to § 235.3(b)(5)(iv) granted asylum, or, upon review pursuant to an immigration judge determines that § 235.3(b)(5)(iv) of chapter I, an immigration the alien was once so admitted, pro- judge determines that the alien was once so vided that such status has not been ter- admitted or granted asylum, provided that minated by final administrative ac- such status has not been terminated by final tion, and the Service initiates removal administrative action, and the DHS initiates proceedings against the alien under removal proceedings against the alien under section 240 of the Act. section 240 of the Act. (2) Referral by Form I–863, Notice of Re- ferral to Immigration Judge. An immigra- * * * * * tion officer will sign and deliver a (2) * * *

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(i) If an asylum officer determines that the fourth in this section, satisfies the re- alien does not have a credible fear of perse- porting requirements of § 235.1(a). Each cution, reasonable possibility of persecution, successful use of PORTPASS con- or reasonable possibility of torture, and the stitutes a separate and completed in- alien requests a review of that determination by an immigration judge; or spection and application for entry by the alien program participants on the date PORTPASS is used. United States * * * * * citizens who meet the eligibility re- (iii) If an immigration officer refers an ap- quirements for participation are sub- plicant in accordance with the provisions of ject to all rules, procedures, and condi- 8 CFR 208.30 or 8 CFR 208.31. tions for use set forth in this section. (ii) Automated Permit Port (APP). A * * * * * POE designated by the Service to pro- (c) The provisions of part 235 are separate vide access to the United States by an and severable from one another. In the event identified, low-risk, border crosser that any provision in part 235 is stayed, en- through the use of automation when joined, not implemented, or otherwise held the POE is not staffed. An APP has invalid, the remaining provisions shall nev- ertheless be implemented as an independent limited hours of operation and is lo- rule and continue in effect. cated at a remote location on a land 2. At 85 FR 84196, Dec. 23, 2020, § 235.6 was border. This program is limited to the amended by revising paragraph (a)(2)(i), ef- northern border of the United States. fective Jan. 22, 2021. For the convenience of (iii) Dedicated Commuter Lane (DCL). the user, the revised text is set forth as fol- A special lane set apart from the nor- lows: mal flow of traffic at a land border § 235.6 Referral to immigration judge. POE which allows an accelerated in- (a) * * * spection for identified, low-risk trav- (2) * * * elers. This program is limited to the (i) If an asylum officer determines that the northern border of the United States alien has not established a credible fear of and the California-Mexico border. persecution, reasonable possibility of perse- (iv) DCL system costs fee. A fee cution, reasonable possibility of torture, or charged to a participant to cover the that it is more likely than not that the alien cost of the implementation and oper- would be tortured in the prospective country of removal, and the alien requests a review ation of the PORTPASS system. If a of that determination by an immigration participant wishes to enroll more than judge; or one vehicle for use in the PORTPASS system, he or she will be assessed an * * * * * additional vehicle fee for each additional vehicle enrolled. Regardless of when § 235.7 Automated inspection services. the additional vehicle is enrolled, the (a) PORTPASS Program—(1) Defini- expiration date for use of that vehicle tions—(i) Port Passenger Accelerated in the DCL will be the same date that Service System (PORTPASS). A system the respective participant’s authorized in which certain ports-of-entry (POEs) use of the lane expires, or is otherwise are identified and designated by the revoked. Service as providing access to the (2) Designation of POEs for PORTPASS United States for a group of identified, access. The following criteria shall be low-risk, border crossers. Alien partici- used by the Service in the selection of pants in the PORTPASS program are a POE when classifying the POE as personally inspected, identified, and having PORTPASS access: screened in advance of approval for (i) The location has an identifiable participation in the program by an im- group of low-risk border crossers; migration officer, and may apply to (ii) The institution of PORTPASS ac- enter the United States through a dedi- cess will not significantly inhibit nor- cated commuter lane (DCL) or through mal traffic flow; an automated permit port (APP). Such (iii) The POE selected for access via advance inspection and identification, a DCL has a sufficient number of Serv- when the enrolled participant satisfies ice personnel to perform primary and the conditions and requirements set secondary inspection functions.

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(3) General eligibility requirements for the time of the application, and must PORTPASS program applicants. Appli- be in possession of such documentation cants to PORTPASS must be citizens at the time of each entry, and at all or lawful permanent residents of the times while present in the United United States, or nonimmigrants de- States. Evidence of residency must be termined to be eligible by the Commis- submitted by all applicants. Evidence sioner of the Service. Non-United of employment may be required to be States citizens must meet all applica- furnished by the applicant. A current ble documentary and entry eligibility valid driver’s license, and evidence of requirements of the Act. Applicants vehicle registration and insurance for must agree to furnish all information the vehicle which will be occupied by requested on the application, and must the applicant as a driver or passenger agree to terms set forth for use of the when he or she uses the DCL or APP PORTPASS program. Use of the must be presented to the Service prior PORTPASS program constitutes appli- to approval of the application. cation for entry into the United States. (v) A completed Form I–823 must be Criminal justice information databases accompanied by the fee as prescribed in will be checked to assist in deter- 8 CFR 103.7(d)(7). Each PORTPASS ap- mining the applicant’s eligibility for plicant 14 years-of-age or older must the PORTPASS program at the time complete the application and pay the the Form I–823, Application—Alter- application fee. Applicants under the native Inspection Services, is sub- age of 14 will be required to complete mitted. Criminal justice information the application, but will not be re- on PORTPASS participants will be up- quired to pay the application fee. An dated regularly, and the results will be application for a replacement checked electronically at the time of PORTPASS card must be made on the each approved participant’s use of Form I–823, and filed with the fee pre- PORTPASS. Notwithstanding the pro- scribed in 8 CFR 103.7(d)(7). The district visions of 8 CFR part 264, fingerprints director having jurisdiction over the on Form FD–258 or in the manner pre- POE where the applicant requests ac- scribed by the Service may be required. cess may, in his or her discretion, (4) Application. (i) Application for waive the application or replacement PORTPASS access shall be made on fee. Form I–823, Application—Alternative Inspection Services. Applications may (vi) If fingerprints are required to as- be submitted during regular working sist in a determination of eligibility at hours at the principal Port-of-Entry that POE, the applicant will be so ad- having jurisdiction over the Port-of- vised by the Service prior to submit- Entry for which the applicant requests ting his or her application. The appli- access. Applications may also be sub- cant shall also be informed at that mitted by mail. time of the current Federal Bureau of (ii) Each person seeking PORTPASS Investigation fee for conducting a fin- access must file a separate application. gerprint check. This fee must be paid (iii) The number of persons and vehi- by the applicant to the Service before cles which can use a DCL is limited nu- any processing of the application shall merically by the technology of the sys- occur. The fingerprint fee may be not tem. For this reason, distribution of be waived. applications at each POE may be lim- (vii) Each applicant must present ited. himself or herself for an inspection (iv) Applications must be supported and/or positive identification at a time by evidence of citizenship, and, in the designated by the Service prior to ap- case of lawful permanent residents of proval of the application. the United States, evidence of lawful (viii) Each vehicle that a PORTPASS permanent resident status in the participant desires to register in United States. Alien applicants re- PORTPASS must be inspected and ap- quired to possess a valid visa must proved by the Service prior to use in present documentation establishing the PORTPASS system. Evidence of such possession and any other docu- valid, current registration and vehicle mentation as required by the Act at insurance must be presented to the

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Service at the time the vehicle is in- methodology deemed necessary by the spected. If the vehicle is not owned by Service to ensure inspection of the per- the participant, the participant may be son(s) seeking entry through a DCL, in required to present written permission addition to any fee and/or monetary de- from the registered owner authorizing posit assessed by the Service pending use of the vehicle in the PORTPASS return of any and all such decals, de- program throughout the PORTPASS vices, technology, and other method- registration period. ology in undamaged condition. (ix) An applicant, whether an occu- (ii) That all devices, decals, or other pant or driver, may apply to use more equipment, methodology, or tech- than one vehicle in the DCL. The first nology used to identify or inspect per- vehicle listed on the Form I–823 will be sons or vehicles seeking entry via any designated as the applicant’s primary PORTPASS program remains the prop- vehicle. The second vehicle, if not des- erty of the United States Government ignated by another applicant as his or at all times, and must be surrendered her primary vehicle, is subject to the additional vehicle charge as prescribed upon request by the Service. Each par- by the Service. ticipant agrees to abide by the terms (x) An application may be denied in set forth by the Service for use of any the discretion of the district director device, decal, or other equipment, having jurisdiction over the POE where method or technology. the applicant requests access. Notice of (iii) The payment of a system costs such denial shall be given to the appli- fee as determined by the Service to be cant. There is no appeal from the de- necessary to cover the costs of imple- nial, but denial is without prejudice to menting, maintaining, and operating reapplying for this or any other Serv- the PORTPASS program. ice benefit. Re-applications, or applica- (iv) That each occupant of a vehicle tions following revocation of permis- applying for entry through PORTPASS sion to use the lane, will not be consid- must have current approval from the ered by the Service until 90 days have Service to apply for entry through the passed following the date of denial or PORTPASS program in that vehicle. revocation. Criteria which will be con- (v) That a participant must be in pos- sidered in the decision to approve or session of any authorization docu- deny the application include the fol- ment(s) issued for PORTPASS access lowing: admissibility to the United and any other entry document(s) as re- States and documentation so evidenc- quired by the Act or by regulation at ing, criminal history and/or evidence of the time of each entry to the United criminality, purpose of travel, employ- States. ment, residency, prior immigration (vi) That a participant must posi- history, possession of current driver’s tively identify himself or herself in the license, vehicle insurance and registra- manner prescribed by the Service at tion, and vehicle inspection. the time of each application for entry (xi) Applications approved by the via the PORTPASS. Service will entitle the applicant to seek entry via a designated (vii) That each use of PORTPASS PORTPASS Program POE for a period constitutes a separate application for of 2 years from the date of approval of entry to the United States by the alien the application unless approval is oth- participant. erwise withdrawn. An application for a (viii) That each participant agrees to replacement card will not extend the be responsible for all contents of the initial period of approval. vehicle that he or she occupies when (5) By applying for and participating using PORTPASS. in the PORTPASS program, each ap- (ix) That a participant may not im- proved participant acknowledges and port merchandise or transport con- agrees to all of the following: trolled or restricted items using (i) The installation and/or use of, in PORTPASS. The entry of any mer- the vehicle approved for use in the chandise or goods must be in accord- PORTPASS program, any and all de- ance with the laws and regulations of cals, devices, technology or other all other Federal inspection agencies.

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(x) That a participant must abide by chief patrol agent and may be subject all Federal, state and local laws re- to other applicable sanctions, such as garding the importation of alcohol or criminal and/or administrative pros- agricultural products or the importa- ecution or deportation, as well as pos- tion or possession of controlled sub- sible seizure of goods and/or vehicles. stances as defined in section 101 of the (c) Judicial review. Nothing in this Controlled Substance Act (21 U.S.C. section is intended to create any right § 802). or benefit, substantive or procedural, (xi) That a participant will be subject enforceable in law or equity by a party to random checks or inspections that against the Department of Justice, the may be conducted by the Service at Immigration and Naturalization Serv- any time and at any location, to ensure ice, their officers or any employees of compliance. the Department of Justice. (xii) That current vehicle registra- [61 FR 53831, Oct. 16, 1996. Redesignated at 62 tion and, if applicable, current permis- FR 10358, Mar. 6, 1997; 68 FR 10145, Mar. 4, sion to use the vehicle in PORTPASS, 2003; 85 FR 46926, Aug. 3, 2020] and evidence of current vehicle insur- ance, shall be in the vehicle at all § 235.8 Inadmissibility on security and times during use of PORTPASS. related grounds. (xiii) Participant agrees to notify the (a) Report. When an immigration offi- Service if a vehicle approved for use in cer or an immigration judge suspects a PORTPASS program is sold, stolen, that an arriving alien appears to be in- damaged, or disposed of otherwise. If a admissible under section 212(a)(3)(A) vehicle is sold, it is the responsibility (other than clause (ii)), (B), or (C) of of the participant to remove or oblit- the Act, the immigration officer or im- erate any identifying device or other migration judge shall order the alien authorization for participation in the removed and report the action prompt- program or at the time of sale unless ly to the district director who has ad- otherwise notified by the Service. If ministrative jurisdiction over the place any license plates are replaced on an where the alien has arrived or where enrolled vehicle, the participant must the hearing is being held. The immi- submit a properly executed Form I–823, gration officer shall, if possible, take a without fee, prior to use of the vehicle brief sworn question-and-answer state- in the PORTPASS program. ment from the alien, and the alien (xiv) That APP-approved participants shall be notified by personal service of who wish to enter the United States Form I–147, Notice of Temporary Inad- through a POE other than one des- missibility, of the action taken and the ignated as an APP through which they right to submit a written statement may pass must present themselves for and additional information for consid- inspection or examination by an immi- eration by the Attorney General. The gration officer during normal business district director shall forward the re- hours. Entry to the United States dur- port to the regional director for further ing hours when a Port of Entry is not action as provided in paragraph (b) of staffed may be made only through a this section. POE designated as an APP. (b) Action by regional director. (1) In (b) Violation of condition of the accordance with section 235(c)(2)(B) of PORTPASS program. A PORTPASS pro- the Act, the regional director may gram participant who violates any con- deny any further inquiry or hearing by dition of the PORTPASS program, or an immigration judge and order the who has violated any immigration law alien removed by personal service of or regulation, or a law or regulation of Form I–148, Notice of Permanent Inad- the United States Customs Service or missibility, or issue any other order other Federal Inspection Service, or disposing of the case that the regional who is otherwise determined by an im- director considers appropriate. migration officer to be inadmissible to (2) If the regional director concludes the United States or ineligible to par- that the case does not meet the cri- ticipate in PORTPASS, may have the teria contained in section 235(c)(2)(B) PORTPASS access revoked at the dis- of the Act, the regional director may cretion of the district director or the direct that:

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(i) An immigration officer shall con- in the matter, is presented supporting duct a further examination of the the inadmissibility of the alien under alien, concerning the alien’s admissi- section 212(a)(3)(A) (other than clause bility; or, (ii)), (B) or (C) of the Act, the disclo- (ii) The alien’s case be referred to an sure of which, in the discretion of the immigration judge for a hearing, or for immigration judge, may be prejudicial the continuation of any prior hearing. to the public interest, safety, or secu- (3) The regional director’s decision rity, the immigration judge may again shall be in writing and shall be signed order the alien removed under the au- by the regional director. Unless the thority of section 235(c) of the Act and written decision contains confidential further action shall be taken as pro- information, the disclosure of which vided in this section. would be prejudicial to the public in- (e) Nonapplicability. The provisions of terest, safety, or security of the United this section shall apply only to arriv- States, the written decision shall be ing aliens, as defined in 8 CFR 1.2. served on the alien. If the written deci- Aliens present in the United States sion contains such confidential infor- who have not been admitted or paroled mation, the alien shall be served with a may be subject to proceedings under separate written order showing the dis- Title V of the Act. position of the case, but with the con- fidential information deleted. [62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 76 FR 53790, Aug. 29, (4) The Service shall not execute a re- 2011] moval order under this section under circumstances that violate section § 235.9 Northern Marianas identifica- 241(b)(3) of the Act or Article 3 of the tion card. Convention Against Torture. The pro- During the two-year period that visions of part 208 of this chapter relat- ended July 1, 1990, the Service issued ing to consideration or review by an Northern Marianas Identification immigration judge, the Board of Immi- Cards to aliens who acquired United gration Appeals, or an asylum officer States citizenship when the Covenant shall not apply. to Establish a Commonwealth of the (c) Finality of decision. The regional Northern Mariana Islands in Political director’s decision under this section is Union with the United States entered final when it is served upon the alien in into force on November 3, 1986. These accordance with paragraph (b)(3) of cards remain valid as evidence of this section. There is no administrative United States citizenship. Although appeal from the regional director’s de- the Service no longer issues these cision. cards, a United States citizen to whom (d) Hearing by immigration judge. If a card was issued may file Form I–777, the regional director directs that an Application for Issuance or Replace- alien subject to removal under this sec- ment of Northern Marianas Card, to tion be given a hearing or further hear- obtain replacement of a lost, stolen, or ing before an immigration judge, the mutilated Northern Marianas Identi- hearing and all further proceedings in fication Card. the matter shall be conducted in ac- cordance with the provisions of section [62 FR 10359, Mar. 6, 1997] 240 of the Act and other applicable sec- tions of the Act to the same extent as § 235.10 U.S. Citizen Identification though the alien had been referred to Card. an immigration judge by the exam- (a) General. Form I–197, U.S. Citizen ining immigration officer. In a case Identification Card, is no longer issued where the immigration judge ordered by the Service but valid existing cards the alien removed pursuant to para- will continue to be acceptable docu- graph (a) of this section, the Service mentation of U.S. citizenship. Posses- shall refer the case back to the immi- sion of the identification card is not gration judge and proceedings shall be mandatory for any purpose. A U.S. Cit- automatically reopened upon receipt of izen Identification Card remains the the notice of referral. If confidential property of the United States. Because information, not previously considered the identification card is no longer

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issued, there are no provisions for re- person to whom it was issued admits in placement cards. a statement signed before an immigra- (b) Surrender and voidance—(1) Institu- tion officer that he or she is an alien tion of proceeding under section 240 or 342 and consents to the voidance of the of the Act. A U.S. Citizen Identification card. Upon signing the statement the Card must be surrendered provisionally card must be surrendered to the immi- to a Service office upon notification by gration officer. the district director that a proceeding (4) Surrender of void card. A void U.S. under section 240 or 342 of the Act is Citizen Identification Card which has being instituted against the person to not been returned to the Service must whom the card was issued. The card be surrendered without delay to an im- shall be returned to the person if the migration officer or to the issuing of- final order in the proceeding does not fice of the Service. result in voiding the card under this (c) U.S. Citizen Identification Card pre- paragraph. A U.S. Citizen Identifica- viously issued on Form I–179. A valid tion Card is automatically void if the Form I–179, U.S. Citizen Identification person to whom it was issued is deter- Card, continues to be valid subject to mined to be an alien in a proceeding the provisions of this section. conducted under section 240 of the Act, [62 FR 10359, Mar. 6, 1997] or if a certificate, document, or record relating to that person is canceled § 235.11 Admission of conditional per- under section 342 of the Act. manent residents. (2) Investigation of validity of identi- (a) General—(1) Conditional residence fication card. A U.S. Citizen Identifica- based on family relationship. An alien tion Card must be surrendered provi- seeking admission to the United States sionally upon notification by a district with an immigrant visa as the spouse director that the validity of the card is or son or daughter of a United States being investigated. The card shall be citizen or lawful permanent resident returned to the person who surrendered shall be examined to determine wheth- it if the investigation does not result er the conditions of section 216 of the in a determination adverse to his or Act apply. If so, the alien shall be ad- her claim to be a United States citizen. mitted conditionally for a period of 2 When an investigation results in a ten- years. At the time of admission, the tative determination adverse to the ap- alien shall be notified that the alien plicant’s claim to be a United States and his or her petitioning spouse must citizen, the applicant shall be notified file a Form I–751, Petition to Remove by certified mail directed to his or her the Conditions on Residence, within last known address. The notification the 90-day period immediately pre- shall inform the applicant of the basis ceding the second anniversary of the for the determination and of the inten- alien’s admission for permanent resi- tion of the district director to declare dence. the card void unless within 30 days the (2) Conditional residence based on en- applicant objects and demands an op- trepreneurship. An alien seeking admis- portunity to see and rebut the adverse sion to the United States with an im- evidence. Any rebuttal, explanation, or migrant visa as an alien entrepreneur evidence presented by the applicant (as defined in section 216A(f)(1) of the must be included in the record of pro- Act) or the spouse or unmarried minor ceeding. The determination whether child of an alien entrepreneur shall be the applicant is a United States citizen admitted conditionally for a period of 2 must be based on the entire record and years. At the time of admission, the the applicant shall be notified of the alien shall be notified that the prin- determination. If it is determined that cipal alien (entrepreneur) must file a the applicant is not a United States Form I–829, Petition by Entrepreneur citizen, the applicant shall be notified to Remove Conditions, within the 90- of the reasons, and the card deemed day period immediately preceding the void. There is no appeal from the dis- second anniversary of the alien’s ad- trict director’s decision. mission for permanent residence. (3) Admission of alienage. A U.S. Cit- (b) Correction of endorsement on immi- izen Identification Card is void if the grant visa. If the alien is subject to the

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provisions of section 216 of the Act, but § 235.12 Global Entry program. the classification endorsed on the im- (a) Program description. The Global migrant visa does not so indicate, the Entry program is a voluntary inter- endorsement shall be corrected and the national trusted traveler program con- alien shall be admitted as a lawful per- sisting of an integrated passenger proc- manent resident on a conditional basis, essing system that expedites the move- if otherwise admissible. Conversely, if ment of low-risk air travelers into the the alien is not subject to the provi- United States by providing an alter- sions of section 216 of the Act, but the nate inspection process for pre-ap- visa classification endorsed on the im- proved, pre-screened travelers. In order migrant visa indicates that the alien is to participate, a person must meet the subject thereto (e.g., if the second an- eligibility requirements specified in niversary of the marriage upon which this section, apply in advance, undergo the immigrant visa is based occurred pre-screening by CBP, and be accepted after the issuance of the visa and prior into the program. The Global Entry to the alien’s application for admis- program allows participants expedited sion) the endorsement on the visa shall entry into the United States at se- be corrected and the alien shall be ad- lected airports identified by CBP at mitted as a lawful permanent resident www.globalentry.gov. Participants will without conditions, if otherwise admis- be processed through the use of CBP- sible. approved technology that will include the use of biometrics to validate iden- (c) Expired conditional permanent resi- tity and to perform enforcement que- dent status. The lawful permanent resi- ries. dent alien status of a conditional resi- (b) Program eligibility criteria—(1) Eli- dent automatically terminates if the gible individuals. The following individ- conditional basis of such status is not uals, who hold a valid, machine-read- removed by the Service through ap- able passport, a valid, machine-read- proval of a Form I–751, Petition to Re- able U.S. Lawful Permanent Resident move the Conditions on Residence or, Card (Form I–551), or other appropriate in the case of an alien entrepreneur (as travel document as determined by defined in section 216A(f)(1) of the Act), CBP, may apply to participate in Glob- Form I–829, Petition by Entrepreneur al Entry: to Remove Conditions. Therefore, an (i) U.S. citizens, U.S. nationals, and alien who is seeking admission as a re- U.S. lawful permanent residents absent turning resident subsequent to the sec- any of the disqualifying factors de- ond anniversary of the date on which scribed in paragraph (b)(2) of this sec- conditional residence was obtained (ex- tion. cept as provided in § 211.1(b)(1) of this (ii) Certain nonimmigrant aliens chapter) and whose conditional basis of from countries that have entered into such residence has not been removed arrangements with CBP concerning pursuant to section 216(c) or 216A(c) of international trusted traveler pro- the Act, whichever is applicable, shall grams absent any of the disqualifying be placed under removal proceedings. factors described in paragraph (b)(2) of However, in a case where conditional this section, and subject to the condi- residence was based on a marriage, re- tions set forth in the particular ar- moval proceedings may be terminated rangement. Individuals from a country and the alien may be admitted as a re- that has entered into such an arrange- turning resident if the required Form ment with CBP may be eligible to I–751 is filed jointly, or by the alien apply for participation in Global Entry alone (if appropriate), and approved by only after CBP announces the arrange- the Service. In the case of an alien en- ment by publication of a notice in the trepreneur, removal proceedings may FEDERAL REGISTER. The notice will in- be terminated and the alien admitted clude the country, the scope of eligi- as a returning resident if the required bility of nonimmigrant aliens from that country ( whether only citi- Form I–829 is filed by the alien entre- e.g., zens of the foreign country or citizens preneur and approved by the Service. and non-citizens are eligible) and other [62 FR 10360, Mar. 6, 1997] conditions that may apply based on the

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terms of the arrangement. CBP may pedited entry into the United States at change or terminate these arrange- the locations identified at ments without prior notice to the pub- www.globalentry.gov. Expansions of the lic, but will announce such actions as Global Entry program to new airports soon as practicable on will be announced by publication in the www.globalentry.gov and by publication FEDERAL REGISTER and at of a notice in the FEDERAL REGISTER. www.globalentry.gov. (iii) Persons under the age of 18 who (d) Program application. (1) Each ap- meet the eligibility criteria of para- plicant must complete and submit the graph (b)(1)(i) or (ii) of this section program application electronically must have the consent of a parent or through an approved application proc- legal guardian to participate in Global ess as determined by CBP. The applica- Entry and provide proof of such con- tion and application instructions for sent in accordance with CBP instruc- the Global Entry program are available tions. at www.globalentry.gov. (2) Disqualifying factors. An individual (2) Each applicant must pay a non-re- is ineligible to participate in Global fundable fee in the amount set forth at Entry if CBP, at its sole discretion, de- 8 CFR 103.7(d)(13) for ‘‘Global Entry’’ at termines that the individual presents a the time of application. The fee is to be potential risk for terrorism, crimi- paid to CBP at the time of application nality (such as smuggling), or is other- through the Federal Government’s on- wise not a low-risk traveler. This risk line payment system, Pay.gov or other determination will be based in part CBP-approved process. upon an applicant’s ability to dem- (3) Every applicant accepted into onstrate past compliance with laws, Global Entry is accepted for a period of regulations, and policies. Reasons why 5 years provided participation is not an applicant may not qualify for par- suspended or terminated by CBP prior ticipation include: to the end of the 5-year period. Each (i) The applicant provides false or in- applicant may apply to renew partici- complete information on the applica- tion; pation up to one year prior to the close (ii) The applicant has been arrested of the participation period. for, or convicted of, any criminal of- (4) Each applicant may check the sta- fense or has pending criminal charges tus of his or her application through or outstanding warrants in any coun- his or her account with the application try; system in use for Global Entry. (iii) The applicant has been found in (e) Interview and enrollment. (1) After violation of any customs, immigration, submitting the application, the appli- or agriculture regulations, procedures, cant will be notified by CBP to sched- or laws in any country; ule an in-person interview at a Global (iv) The applicant is the subject of an Entry enrollment center. investigation by any federal, state, or (2) Each applicant must bring to the local law enforcement agency in any interview with CBP the original of the country; identification document specified in (v) The applicant is inadmissible to his or her application. During the the United States under applicable im- interview, CBP will collect biometric migration laws or has, at any time, information from the applicant (e.g., a been granted a waiver of inadmis- set of ten fingerprints and/or digital sibility or parole; photograph) to conduct background (vi) The applicant is known or sus- checks or as otherwise required for par- pected of being or having been engaged ticipation in the program. in conduct constituting, in preparation (3) CBP may provide for alternative for, in aid of, or related to terrorism; enrollment procedures, as necessary, to or facilitate enrollment and ensure an ap- (vii) The applicant cannot satisfy plicant’s eligibility for the program. CBP of his or her low-risk status or (f) Valid machine-readable passport or meet other program requirements. valid lawful permanent resident card. (c) Participating airports. The Global Each participant must possess a valid, Entry program allows participants ex- machine-readable passport, a valid,

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machine-readable U.S. Lawful Perma- (2) A Global Entry participant may nent Resident Card (Form I–551), or be suspended or removed from the pro- other appropriate travel document as gram for any of the following reasons: determined by CBP. (i) CBP, at its sole discretion, deter- (g) Arrival procedures. In order to uti- mines that the participant has engaged lize the Global Entry program upon ar- in any disqualifying activities under rival in the United States, each partici- the Global Entry program as outlined pant must: in § 235.12(b)(2); (1) Use the Global Entry kiosk and (ii) CBP, at its sole discretion, deter- follow the on-screen instructions; mines that the participant provided false information in the application (2) Declare all articles being brought and/or during the application process; into the United States pursuant to 19 (iii) CBP, at its sole discretion, deter- CFR 148.11. A Global Entry participant mines that the participant failed to will be redirected to the nearest open follow the terms, conditions and re- passport control primary inspection quirements of the program; station if the participant declares any (iv) CBP, at its sole discretion, deter- of the following: mines that the participant has been ar- (i) Commercial merchandise or com- rested or convicted of a crime or other- mercial samples, or items that exceed wise no longer meets the program eligi- the applicable personal exemption bility criteria; or amount; (v) CBP, at its sole discretion, deter- (ii) More than $10,000 in currency or mines that such action is otherwise other monetary instruments (checks, necessary. money orders, etc.), or foreign equiva- (3) CBP will notify the participant of lent in any form; or his or her suspension or removal in (iii) Restricted/prohibited goods, such writing. Such suspension or removal is as agricultural products, firearms, effective immediately. mace, pepper spray, endangered ani- (4) An applicant or participant de- mals, birds, controlled substances, fire- nied, suspended, or removed does not works, Cuban goods, and plants. receive a refund, in whole or in part, of (h) Application for entry, examination his or her application processing fee. and inspection. Each successful use of (k) Redress. An individual whose ap- Global Entry constitutes a separate plication is denied or whose participa- and completed inspection and applica- tion is suspended or terminated has tion for entry by the participant on the three possible methods for redress. date that Global Entry is used. Pursu- These processes do not create or confer ant to the enforcement provisions of 19 any legal right, privilege or benefit on the applicant or participant, and are CFR Part 162, Global Entry partici- wholly discretionary on the part of pants may be subject to further CBP CBP. The methods of redress are: examination and inspection at any (l) Enrollment center. The applicant/ time during the arrival process. participant may contest his or her de- (i) Pilot participant enrollment. Upon nial, suspension or removal by writing implementation of the Global Entry to the enrollment center where that in- Program, participants in the Global dividual’s interview was conducted. Entry pilot will be automatically en- The enrollment center addresses are rolled in the Global Entry Program for available at www.globalentry.gov. The 5 years from the date of enrollment in letter must be received by CBP within the pilot. 30 calendar days of the date provided as (j) Denial, removal and suspension. (1) the date of suspension or removal. The If an applicant is denied participation individual should write on the envelope in Global Entry, CBP will notify the ‘‘Redress Request RE: Global Entry.’’ applicant of the denial, and the reasons The letter should address any facts or for the denial. CBP will also provide in- conduct listed in the notification from structions regarding how to proceed if CBP as contributing to the denial, sus- the applicant wishes to seek additional pension or removal and why the appli- information as to the reason for the de- cant/participant believes the reason for nial. the action is invalid. If the applicant/

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participant believes that the denial, ble for the U.S. APEC Business Travel suspension or revocation was based Card if he or she is: upon inaccurate information, the indi- (i) A U.S. citizen; vidual should also include any reason- (ii) An existing member in good ably available supporting documenta- standing of a CBP trusted traveler pro- tion with the letter. After review, CBP gram or approved for membership in a will inform the individual of its redress CBP trusted traveler program during decision. If the individual’s request for the application process described in redress is successful, the individual’s paragraph (c) of this section. For the eligibility to participate in Global purpose of this section only, ‘‘trusted Entry will resume immediately. traveler program’’ is defined as a vol- (2) DHS Traveler Redress Inquiry Pro- untary program of the Department gram (DHS TRIP). The applicant/partic- that allows U.S. Customs and Border ipant may choose to initiate the re- Protection to expedite clearance of dress process through DHS TRIP. An pre-approved, low-risk travelers arriv- applicant/participant seeking redress ing in the United States; and may obtain the necessary forms and in- (iii) A bona fide U.S. business person formation to initiate the process on engaged in business in the APEC region the DHS TRIP Web site at or U.S. Government official actively www.dhs.gov/trip, or by contacting DHS TRIP by mail at the address on this engaged in APEC business. Web site. (A) ‘‘APEC business’’ means U.S. gov- (3) Ombudsman. Applicants (including ernment activities that support the applicants who were not scheduled for work of APEC. an interview at an enrollment center) (B) A ‘‘bona fide business person en- and participants may contest a denial, gaged in business in the APEC region’’ suspension or removal by writing to means a person engaged in the trade of the CBP Trusted Traveler Ombudsman goods, the provision of services, or the at the address listed on the Web site conduct of investment activities in the www.globalentry.gov. APEC region. Professional athletes, news correspondents, entertainers, mu- [77 FR 5690, Feb. 6, 2012, as amended at 85 FR sicians, artists or persons engaged in 46926, Aug. 3, 2020] similar occupations are not considered § 235.13 U.S. Asia-Pacific Economic Co- to be bona fide business persons en- operation Business Travel Card gaged in business in the APEC region. Program. (2) Conditions regarding the use of the (a) Description. The U.S. Asia-Pacific U.S. APEC Business Travel Card. (i) The Economic Cooperation (APEC) Busi- U.S. APEC Business Travel Card is not ness Travel Card Program is a vol- transferable and may be used only by untary program designed to facilitate the U.S. APEC Business Travel Card travel for bona fide U.S. business per- holder and not by anyone else includ- sons engaged in business in the APEC ing the card holder’s spouse or child. region and U.S. government officials (ii) The U.S. APEC Business Travel actively engaged in APEC business Card can be used only if the card holder within the APEC region. Participants is traveling solely for business pur- will receive a U.S. APEC Business poses to a foreign APEC member econ- Travel Card that will enable them ac- omy and is not engaging in paid em- cess to fast-track immigration lanes at ployment in the foreign APEC member participating airports in foreign APEC economy. member economies. In order to obtain (c) Application process. (1) Each appli- a U.S. APEC Business Travel Card, an cant must complete and submit an ap- individual must meet the eligibility re- plication electronically through the quirements specified in this section, Global Entry Enrollment System apply in advance, pay any requisite fee (GOES) or other applicable process as and be approved as a card holder. The determined by CBP. The application APEC member economies are identified and application instructions for the at http://www.apec.org. card are available as an add-on to the (b) Program eligibility criteria—(1) Eli- CBP trusted traveler application at gible individuals. An individual is eligi- www.globalentry.gov.

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(2) Each applicant must certify that program requirements. Each applicant he or she is an existing member in good may apply to renew the card prior to standing in a CBP trusted traveler pro- its expiration. gram or that he or she has submitted (d) Expedited entry privileges. The U.S. an application to a CBP trusted trav- APEC Business Travel Card will enable eler program; that he or she is a bona card holders access to a dedicated fast- fide U.S. business person engaged in track lane for expedited immigration business in the APEC region or U.S. processing at participating airports in Government official actively engaged foreign APEC member economies. in APEC business; and, that he or she (e) Entry requirements. U.S. APEC is not a professional athlete, news cor- Business Travel Card holders must respondent, entertainer, musician, art- present any travel or identity docu- ist or person engaged in a similar occu- mentation, such as a passport and visa, pation. required by the foreign APEC member (3) Each applicant must provide his economies. or her signature so that the signature (f) Denial and removal. (1) If an appli- will appear on the face of the card. cant is denied a U.S. APEC Business (4) If the applicant is not a member Travel Card, CBP will notify the appli- of a CBP trusted traveler program, the cant of the denial, and the reasons for applicant must concurrently apply for the denial. CBP will also provide in- membership in a CBP trusted traveler structions regarding how to proceed if program and be approved for such the applicant wishes to seek additional membership. Applicants for a CBP information as to the reason for the de- trusted traveler program must have an nial. in-person interview, undergo a vetting (2) A U.S. APEC Business Travel Card process and pay the relevant CBP holder may be removed from the U.S. trusted traveler fee. Active member- APEC Business Travel Card Program if ship in a CBP trusted traveler program CBP determines at its sole discretion is necessary for the entire duration of that: the U.S. APEC Business Travel Card. If (i) The U.S. APEC Business Travel membership in the CBP trusted trav- Card holder provided false information eler program is set to lapse before the in the application and/or during the ap- U.S. APEC Business Travel Card ex- plication process; pires, the individual must renew his or (ii) The U.S. APEC Business Travel her CBP trusted traveler membership Card holder failed to follow the terms, prior to its expiration date in order to conditions and requirements of the pro- retain membership in the U.S. APEC gram (including continued active mem- Business Travel Card Program. bership in a CBP trusted traveler pro- (5) Each applicant must pay a non-re- gram); fundable fee in the amount set forth at (iii) The U.S. APEC Business Travel 8 CFR 103.7(d)(14) for ‘‘U.S. Asia-Pacific Card holder has been arrested or con- Economic Cooperation (APEC) Busi- victed of a crime or otherwise no ness Travel Card’’ at the time of appli- longer meets the program eligibility cation. The fee is to be paid to CBP at criteria; or the time of application through the (iv) Such action is otherwise nec- Federal Government’s on-line payment essary. system, Pay.gov or other CBP-ap- (3) CBP will notify the U.S. APEC proved process. Business Travel Card holder of his or (6) The U.S. APEC Business Travel her removal in writing. Such removal Card is valid for a period of five years is effective immediately. or until the expiration date of the card (4) A U.S. APEC Business Travel Card holder’s passport if that is earlier, pro- applicant or a U.S. APEC Business vided that membership is not termi- Travel Card holder who is denied or re- nated by CBP prior to the end of this moved will not receive a refund, in period. CBP can terminate use of the whole or in part, of the application fee. U.S. APEC Business Travel Card if the (g) Redress. An individual whose ap- card holder is no longer a member of a plication is denied or whose participa- CBP trusted traveler program or if the tion is terminated has two possible individual is not compliant with the methods of redress. These processes do

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not create or confer any legal right, PART 236—APPREHENSION AND privilege, or benefit on the applicant or DETENTION OF INADMISSIBLE participant, and are wholly discre- AND DEPORTABLE ALIENS; RE- tionary on the part of CBP. The meth- MOVAL OF ALIENS ORDERED RE- ods of redress are: (1) Enrollment center. If the applicant MOVED or participant applied concurrently for Subpart A—Detention of Aliens Prior to the U.S. APEC Business Travel Card Order of Removal and a CBP trusted traveler program, the applicant or participant may con- Sec. test his or her denial or removal by 236.1 Apprehension, custody, and detention. writing to the enrollment center where 236.2 Confined aliens, incompetents, and mi- nors. that individual’s CBP trusted traveler 236.3 Processing, detention, and release of program interview was conducted. If alien minors. the applicant or participant was al- 236.4 Removal of S–5, S–6, and S–7 non- ready a member of a CBP trusted trav- immigrants. eler program, the applicant or partici- 236.5 Fingerprints and photographs. pant may contest his or her denial or 236.6 Information regarding detainees. removal by writing to the enrollment 236.7–236.9 [Reserved] center where that individual’s signa- Subpart B—Family Unity Program ture was collected for the U.S. APEC Business Travel Card. The enrollment 236.10 Description of program. center addresses are available at 236.11 Definitions. 236.12 Eligibility. www.globalentry.gov, http:// 236.13 Ineligible aliens. www.globalentry.gov/nexus.html and 236.14 Filing. http://www.globalentry.gov/sentri.html. 236.15 Voluntary departure and eligibility The letter must be received by CBP for employment. within 30 calendar days of the date pro- 236.16 Travel outside the United States. vided as the date of removal. The indi- 236.17 Eligibility for Federal financial as- vidual should write on the envelope sistance programs. 236.18 Termination of Family Unity Pro- ‘‘Redress Request RE: U.S. APEC Busi- gram benefits. ness Travel Card.’’ The letter should address any facts or conduct listed in AUTHORITY: 5 U.S.C. 301, 552, 552a; 6 U.S.C. 112(a)(2), 112(a)(3), 112(b)(1), 112(e), 202, 251, the notification from CBP as contrib- 279, 291; 8 U.S.C. 1103, 1182, 1224, 1225, 1226, uting to the denial or removal and why 1227, 1231, 1232, 1357, 1362; 18 U.S.C. 4002, the applicant or participant believes 4013(c)(4); 8 CFR part 2. the reason for the action is invalid. If SOURCE: 62 FR 10360, Mar. 6, 1997, unless the applicant or participant believes otherwise noted. that the denial or removal was based upon inaccurate information, the indi- Subpart A—Detention of Aliens vidual should also include any reason- ably available supporting documenta- Prior to Order of Removal tion with the letter. After review, CBP § 236.1 Apprehension, custody, and de- will inform the individual of its redress tention. decision. If the individual’s request for (a) Detainers. The issuance of a de- redress is successful, the individual’s tainer under this section shall be gov- eligibility to be a U.S. APEC Business erned by the provisions of § 287.7 of this Travel Card holder will continue imme- chapter. diately. (b) Warrant of arrest—(1) In general. (2) Ombudsman. Applicants and par- At the time of issuance of the notice to ticipants may contest a denial or re- appear, or at any time thereafter and moval by writing to the CBP Trusted up to the time removal proceedings are Traveler Ombudsman at the address completed, the respondent may be ar- listed on the Web site rested and taken into custody under www.globalentry.gov. the authority of Form I–200, Warrant of [79 FR 27174, May 13, 2014, as amended at 81 Arrest. A warrant of arrest may be FR 84415, Nov. 23, 2016; 84 FR 27707, June 14, issued only by those immigration offi- 2019; 85 FR 46926, Aug. 3, 2020] cers listed in § 287.5(e)(2) of this chapter

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