Page:United States Statutes at Large Volume 110 Part 4.djvu/746

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110 STAT. 3009 -583 PUBLIC LAW 104-208—SEPT. 30, 1996 "(C) TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.— III the case of an alien described in subparagraph (A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 240. "(3) CHALLENGE OF DECISION. — The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien whose privilege to be admitted is so challenged, before an immigration judge for a proceeding under section 240. " (c) REMOVAL OF ALIENS INADMISSIBLE ON SECURITY AND RELATED GROUNDS.^ "(1) REMOVAL WITHOUT FURTHER HEARING.—If an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3), the officer or judge shall— "(A) order the alien removed, subject to review under paragraph (2); "(B) report the order of removal to the Attorney General; and "(C) not conduct any further inquiry or hearing until ordered by the Attorney General. "(2) REVIEW OF ORDER. —(A) The Attorney General shall review orders issued under paragraph (1). "(B) If the Attorney General— "(i) is satisfied on the basis of confidential information that the alien is inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3), and "(ii) after consulting with appropriate security agencies of the United States Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security, the Attorney General may order the alien removed without further inquiry or hearing by an immigration judge. "(C) If the Attorney General does not order the removal of the alien under subparagraph (B), the Attorney CJeneral shall specify the further inquiry or hearing that shall be conducted in the case. "(3) SUBMISSION OF STATEMENT AND INFORMATION.—The alien or the alien's representative may submit a written statement and additional information for consideration by the Attorney General. "(d) AUTHORITY RELATING TO INSPECTIONS.— "(1) AUTHORITY TO SEARCH CONVEYANCES.— Immigration officers are authorized to board and search any vessel, aircraft, railway car, or other conveyance or vehicle in which they believe aliens are being brought into the United States. "(2) AUTHORITY TO ORDER DETENTION AND DELIVERY OF ARRIVING ALIENS. —Immigration officers are authorized to order an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States—