8 Usc 1225

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proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its
direction other courts of the United States, are
authorized to prescribe rules regulating such
proceedings against aircraft in any particular
not otherwise provided by law. Any aircraft
made subject to a lien by this section may be
summarily seized by, and placed in the custody
of such persons as the Attorney General may by
regulation prescribe. The aircraft may be released from such custody upon deposit of such
amount not exceeding $2,000 as the Attorney
General may prescribe, or of a bond in such sum
and with such sureties as the Attorney General
may prescribe, conditioned upon the payment of
the penalty which may be finally determined by
the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 4, § 234, formerly § 239, 66 Stat. 203; Pub. L. 101–649, title V,
§ 543(a)(3), Nov. 29, 1990, 104 Stat. 5058; Pub. L.
102–232, title III, § 306(c)(2), Dec. 12, 1991, 105 Stat.
1752; renumbered § 234, Pub. L. 104–208, div. C,
title III, § 304(a)(1), Sept. 30, 1996, 110 Stat.
3009–587.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
CODIFICATION
Section was formerly classified to section 1229 of this
title prior to renumbering by Pub. L. 104–208.
PRIOR PROVISIONS
A prior section 1224, act June 27, 1952, ch. 477, title II,
ch. 4, § 234, 66 Stat. 198, as amended, which related to
physical and mental examinations, was renumbered
section 232(b) of act June 27, 1952, by Pub. L. 104–208,
div. C, title III, § 308(b)(3), Sept. 30, 1996, 110 Stat.
3009–615, and was transferred to section 1222(b) of this
title.
AMENDMENTS
1991—Pub. L. 102–232 made technical correction to directory language of Pub. L. 101–649. See 1990 Amendment note below.
1990—Pub. L. 101–649, as amended by Pub. L. 102–232,
substituted ‘‘$2,000’’ for ‘‘$500’’ in two places.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–232 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 310(1) of Pub. L. 102–232, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to actions
taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101–649, set out as a note under section 1221 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1225

§ 1225. Inspection by immigration officers; expedited removal of inadmissible arriving aliens;
referral for hearing
(a) Inspection
(1) Aliens treated as applicants for admission
An alien present in the United States who
has not been admitted or who arrives in the
United States (whether or not at a designated
port of arrival and including an alien who is
brought to the United States after having been
interdicted in international or United States
waters) shall be deemed for purposes of this
chapter an applicant for admission.
(2) Stowaways
An arriving alien who is a stowaway is not
eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to
apply for asylum under section 1158 of this
title or a fear of persecution, the officer shall
refer the alien for an interview under subsection (b)(1)(B) of this section. A stowaway
may apply for asylum only if the stowaway is
found to have a credible fear of persecution
under subsection (b)(1)(B) of this section. In no
case may a stowaway be considered an applicant for admission or eligible for a hearing
under section 1229a of this title.
(3) Inspection
All aliens (including alien crewmen) who are
applicants for admission or otherwise seeking
admission or readmission to or transit
through the United States shall be inspected
by immigration officers.
(4) Withdrawal of application for admission
An alien applying for admission may, in the
discretion of the Attorney General and at any
time, be permitted to withdraw the application for admission and depart immediately
from the United States.
(5) Statements
An applicant for admission may be required
to state under oath any information sought by
an immigration officer regarding the purposes
and intentions of the applicant in seeking admission to the United States, including the
applicant’s intended length of stay and whether the applicant intends to remain permanently or become a United States citizen, and
whether the applicant is inadmissible.
(b) Inspection of applicants for admission
(1) Inspection of aliens arriving in the United
States and certain other aliens who have
not been admitted or paroled
(A) Screening
(i) In general
If an immigration officer determines
that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in
clause (iii) is inadmissible under section
1182(a)(6)(C) or 1182(a)(7) of this title, the
officer shall order the alien removed from
the United States without further hearing

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TITLE 8—ALIENS AND NATIONALITY

or review unless the alien indicates either
an intention to apply for asylum under
section 1158 of this title or a fear of persecution.
(ii) Claims for asylum
If an immigration officer determines
that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in
clause (iii) is inadmissible under section
1182(a)(6)(C) or 1182(a)(7) of this title and
the alien indicates either an intention to
apply for asylum under section 1158 of this
title or a fear of persecution, the officer
shall refer the alien for an interview by an
asylum officer under subparagraph (B).
(iii) Application to certain other aliens
(I) In general
The Attorney General may apply
clauses (i) and (ii) of this subparagraph
to any or all aliens described in subclause (II) as designated by the Attorney
General. Such designation shall be in the
sole and unreviewable discretion of the
Attorney General and may be modified
at any time.
(II) Aliens described
An alien described in this clause is an
alien who is not described in subparagraph (F), who has not been admitted or
paroled into the United States, and who
has not affirmatively shown, to the satisfaction of an immigration officer, that
the alien has been physically present in
the United States continuously for the 2year period immediately prior to the
date of the determination of inadmissibility under this subparagraph.
(B) Asylum interviews
(i) Conduct by asylum officers
An asylum officer shall conduct interviews of aliens referred under subparagraph (A)(ii), either at a port of entry or at
such other place designated by the Attorney General.
(ii) Referral of certain aliens
If the officer determines at the time of
the interview that an alien has a credible
fear of persecution (within the meaning of
clause (v)), the alien shall be detained for
further consideration of the application
for asylum.
(iii) Removal without further review if no
credible fear of persecution
(I) In general
Subject to subclause (III), if the officer
determines that an alien does not have a
credible fear of persecution, the officer
shall order the alien removed from the
United States without further hearing or
review.
(II) Record of determination
The officer shall prepare a written
record of a determination under subclause (I). Such record shall include a

Page 244

summary of the material facts as stated
by the applicant, such additional facts
(if any) relied upon by the officer, and
the officer’s analysis of why, in the light
of such facts, the alien has not established a credible fear of persecution. A
copy of the officer’s interview notes
shall be attached to the written summary.
(III) Review of determination
The Attorney General shall provide by
regulation and upon the alien’s request
for prompt review by an immigration
judge of a determination under subclause
(I) that the alien does not have a credible fear of persecution. Such review shall
include an opportunity for the alien to
be heard and questioned by the immigration judge, either in person or by telephonic or video connection. Review shall
be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case
later than 7 days after the date of the determination under subclause (I).
(IV) Mandatory detention
Any alien subject to the procedures
under this clause shall be detained pending a final determination of credible fear
of persecution and, if found not to have
such a fear, until removed.
(iv) Information about interviews
The Attorney General shall provide information concerning the asylum interview described in this subparagraph to
aliens who may be eligible. An alien who is
eligible for such interview may consult
with a person or persons of the alien’s
choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such
consultation shall be at no expense to the
Government and shall not unreasonably
delay the process.
(v) ‘‘Credible fear of persecution’’ defined
For purposes of this subparagraph, the
term ‘‘credible fear of persecution’’ means
that there is a significant possibility, taking into account the credibility of the
statements made by the alien in support of
the alien’s claim and such other facts as
are known to the officer, that the alien
could establish eligibility for asylum
under section 1158 of this title.
(C) Limitation on administrative review
Except as provided in subparagraph
(B)(iii)(III), a removal order entered in accordance with subparagraph (A)(i) or
(B)(iii)(I) is not subject to administrative
appeal, except that the Attorney General
shall provide by regulation for prompt review of such an order under subparagraph
(A)(i) against an alien who claims under
oath, or as permitted under penalty of perjury under section 1746 of title 28, after having been warned of the penalties for falsely
making such claim under such conditions, to
have been lawfully admitted for permanent

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residence, to have been admitted as a refugee under section 1157 of this title, or to
have been granted asylum under section 1158
of this title.
(D) Limit on collateral attacks
In any action brought against an alien
under section 1325(a) of this title or section
1326 of this title, the court shall not have jurisdiction to hear any claim attacking the
validity of an order of removal entered
under subparagraph (A)(i) or (B)(iii).
(E) ‘‘Asylum officer’’ defined
As used in this paragraph, the term ‘‘asylum officer’’ means an immigration officer
who—
(i) has had professional training in country conditions, asylum law, and interview
techniques comparable to that provided to
full-time adjudicators of applications
under section 1158 of this title, and
(ii) is supervised by an officer who meets
the condition described in clause (i) and
has had substantial experience adjudicating asylum applications.
(F) Exception
Subparagraph (A) shall not apply to an
alien who is a native or citizen of a country
in the Western Hemisphere with whose government the United States does not have full
diplomatic relations and who arrives by aircraft at a port of entry.
(G) Commonwealth of the Northern Mariana
Islands
Nothing in this subsection shall be construed to authorize or require any person described in section 1158(e) of this title to be
permitted to apply for asylum under section
1158 of this title at any time before January
1, 2014.
(2) Inspection of other aliens
(A) In general
Subject to subparagraphs (B) and (C), in
the case of an alien who is an applicant for
admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt
entitled to be admitted, the alien shall be
detained for a proceeding under section 1229a
of this title.
(B) Exception
Subparagraph (A) shall not apply to an
alien—
(i) who is a crewman,
(ii) to whom paragraph (1) applies, or
(iii) who is a stowaway.
(C) Treatment of aliens arriving from contiguous territory
In 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 1229a of this
title.
(3) Challenge of decision
The decision of the examining immigration
officer, if favorable to the admission of any

§ 1225

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
1229a of this title.
(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 1182(a)(3)
of this title, 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 1182(a)(3) of this
title, 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 General 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—
(A) to detain the alien on the vessel or at
the airport of arrival, and
(B) to deliver the alien to an immigration
officer for inspection or to a medical officer
for examination.

§ 1225

TITLE 8—ALIENS AND NATIONALITY

(3) Administration of oath and consideration of
evidence
The Attorney General and any immigration
officer shall have power to administer oaths
and to take and consider evidence of or from
any person touching the privilege of any alien
or person he believes or suspects to be an alien
to enter, reenter, transit through, or reside in
the United States or concerning any matter
which is material and relevant to the enforcement of this chapter and the administration of
the Service.
(4) Subpoena authority
(A) The Attorney General and any immigration officer shall have power to require by subpoena the attendance and testimony of witnesses before immigration officers and the
production of books, papers, and documents
relating to the privilege of any person to
enter, reenter, reside in, or pass through the
United States or concerning any matter which
is material and relevant to the enforcement of
this chapter and the administration of the
Service, and to that end may invoke the aid of
any court of the United States.
(B) Any United States district court within
the jurisdiction of which investigations or inquiries are being conducted by an immigration
officer may, in the event of neglect or refusal
to respond to a subpoena issued under this
paragraph or refusal to testify before an immigration officer, issue an order requiring such
persons to appear before an immigration officer, produce books, papers, and documents if
demanded, and testify, and any failure to obey
such order of the court may be punished by
the court as a contempt thereof.
(June 27, 1952, ch. 477, title II, ch. 4, § 235, 66 Stat.
198; Pub. L. 101–649, title VI, § 603(a)(11), Nov. 29,
1990, 104 Stat. 5083; Pub. L. 104–132, title IV,
§§ 422(a), 423(b), Apr. 24, 1996, 110 Stat. 1270, 1272;
Pub. L. 104–208, div. C, title III, §§ 302(a), 308(d)(5),
371(b)(4), Sept. 30, 1996, 110 Stat. 3009–579,
3009–619, 3009–645; Pub. L. 110–229, title VII,
§ 702(j)(5), May 8, 2008, 122 Stat. 867.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (d)(3),
(4)(A), was in the original, ‘‘this Act’’, meaning act
June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 1101 of this title and Tables.
AMENDMENTS
2008—Subsec. (b)(1)(G). Pub. L. 110–229 added subpar.
(G).
1996—Pub. L. 104–208, § 302(a), amended section generally, revising and restating former subsecs. (a) to (d) relating to inspection of aliens arriving in the United
States, powers of immigration officers, detention of
aliens for further inquiry, temporary and permanent
exclusion of aliens, and collateral attacks on orders of
exclusion and deportation.
Pub. L. 104–208, § 371(b)(4), substituted ‘‘an immigration judge’’ for ‘‘a special inquiry officer’’, ‘‘immigration judge’’ for ‘‘special inquiry officer’’, and ‘‘immigration judges’’ for ‘‘special inquiry officers’’, wherever
appearing in subsecs. (a) to (c).
Subsec. (b). Pub. L. 104–132, § 422(a), which directed
the general amendment of subsec. (b) by substituting

Page 246

pars. (1) to (3) relating to asylum interviews and hearings, detention for further inquiry, and challenges of
favorable decisions, for former subsec. (b) consisting of
single par., was repealed by Pub. L. 104–208, § 308(d)(5).
See Construction of 1996 Amendment note below.
Subsec. (d). Pub. L. 104–132, § 423(b), added subsec. (d)
which read as follows: ‘‘In any action brought for the
assessment of penalties for improper entry or re-entry
of an alien under section 1325 or section 1326 of this
title, no court shall have jurisdiction to hear claims
collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under
this section or sections 1226 and 1252 of this title.’’
1990—Subsec. (c). Pub. L. 101–649 substituted ‘‘subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title’’ for ‘‘paragraph (27), (28), or
(29) of section 1182(a) of this title’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of
Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective
Date note under section 1806 of Title 48.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 302(a) of Pub. L. 104–208 effective, with certain transitional provisions, on the first
day of the first month beginning more than 180 days
after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set
out as a note under section 1101 of this title.
Section 308(d)(5) of div. C of Pub. L. 104–208 provided
that the amendment made by that section is effective
as of Apr. 24, 1996. See Construction of 1996 Amendment
note below.
Amendment by section 371(b)(4) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.
Section 422(c) of Pub. L. 104–132, which provided that
the amendments made by section 422 of Pub. L. 104–132
[amending this section and former section 1227 of this
title] were to take effect on the first day of the first
month that began more than 180 days after Apr. 24,
1996, was repealed by Pub. L. 104–208, div. C, title III,
§ 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619. See Construction of 1996 Amendment note below.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
CONSTRUCTION OF 1996 AMENDMENT
Section 308(d)(5) of div. C of Pub. L. 104–208 provided
that: ‘‘Effective as of the date of the enactment of the
Antiterrorism and Effective Death Penalty Act of 1996
[Pub. L. 104–132, approved Apr. 24, 1996], section 422 of
such Act [amending this section and section 1227 of this
title, and enacting provisions set out as a note above]
is repealed and the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] shall be applied as if such section
had not been enacted.’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
GAO STUDY ON OPERATION OF EXPEDITED REMOVAL
PROCEDURES
Section 302(b) of div. C of Pub. L. 104–208 provided
that:
‘‘(1) STUDY.—The Comptroller General shall conduct a
study on the implementation of the expedited removal
procedures under section 235(b)(1) of the Immigration

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and Nationality Act [8 U.S.C. 1225(b)(1)], as amended by
subsection (a). The study shall examine—
‘‘(A) the effectiveness of such procedures in deterring illegal entry,
‘‘(B) the detention and adjudication resources saved
as a result of the procedures,
‘‘(C) the administrative and other costs expended to
comply with the provision,
‘‘(D) the effectiveness of such procedures in processing asylum claims by undocumented aliens who assert a fear of persecution, including the accuracy of
credible fear determinations, and
‘‘(E) the cooperation of other countries and air carriers in accepting and returning aliens removed under
such procedures.
‘‘(2) REPORT.—By not later than 18 months after the
date of the enactment of this Act [Sept. 30, 1996], the
Comptroller General shall submit to the Committees
on the Judiciary of the House of Representatives and
the Senate a report on the study conducted under paragraph (1).’’
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of this chapter, any reference in law to
an order of removal is deemed to include a reference to
an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set
out in an Effective Date of 1996 Amendments note
under section 1101 of this title.

§ 1225a. Preinspection at foreign airports
(a) Establishment of preinspection stations
(1) NEW STATIONS.—Subject to paragraph (5),
not later than October 31, 1998, the Attorney
General, in consultation with the Secretary of
State, shall establish and maintain preinspection stations in at least 5 of the foreign
airports that are among the 10 foreign airports
which the Attorney General identifies as serving
as last points of departure for the greatest numbers of inadmissible alien passengers who arrive
from abroad by air at ports of entry within the
United States. Such preinspection stations shall
be in addition to any preinspection stations established prior to September 30, 1996.
(2) REPORT.—Not later than October 31, 1998,
the Attorney General shall report to the Committees on the Judiciary of the House of Representatives and of the Senate on the implementation of paragraph (1).
(3) DATA COLLECTION.—Not later than November 1, 1997, and each subsequent November 1, the
Attorney General shall compile data identifying—
(A) the foreign airports which served as last
points of departure for aliens who arrived by
air at United States ports of entry without
valid documentation during the preceding fiscal years;
(B) the number and nationality of such
aliens arriving from each such foreign airport;
and
(C) the primary routes such aliens followed
from their country of origin to the United
States.
(4) Subject to paragraph (5), not later than
January 1, 2008, the Secretary of Homeland Security, in consultation with the Secretary of
State, shall establish preinspection stations in
at least 25 additional foreign airports, which the
Secretary of Homeland Security, in consultation
with the Secretary of State, determines, based

§ 1225a

on the data compiled under paragraph (3) and
such other information as may be available,
would most effectively facilitate the travel of
admissible aliens and reduce the number of inadmissible aliens, especially aliens who are potential terrorists, who arrive from abroad by air at
points of entry within the United States. Such
preinspection stations shall be in addition to
those established before September 30, 1996, or
pursuant to paragraph (1).
(5) CONDITIONS.—Prior to the establishment of
a preinspection station, the Attorney General,
in consultation with the Secretary of State,
shall ensure that—
(A) employees of the United States stationed
at the preinspection station and their accompanying family members will receive appropriate protection;
(B) such employees and their families will
not be subject to unreasonable risks to their
welfare and safety; and
(C) the country in which the preinspection
station is to be established maintains practices and procedures with respect to asylum
seekers and refugees in accordance with the
Convention Relating to the Status of Refugees
(done at Geneva, July 28, 1951), or the Protocol
Relating to the Status of Refugees (done at
New York, January 31, 1967), or that an alien
in the country otherwise has recourse to avenues of protection from return to persecution.
(b) Establishment of carrier consultant program
and immigration security initiative
The Secretary of Homeland Security shall assign additional immigration officers to assist air
carriers in the detection of fraudulent documents at foreign airports which, based on the
records maintained pursuant to subsection (a)(3)
of this section, served as a point of departure for
a significant number of arrivals at United
States ports of entry without valid documentation, but where no preinspection station exists.
Beginning not later than December 31, 2006, the
number of airports selected for an assignment
under this subsection shall be at least 50.
(June 27, 1952, ch. 477, title II, ch. 4, § 235A, as
added Pub. L. 104–208, div. C, title I, § 123(a),
Sept. 30, 1996, 110 Stat. 3009–560; amended Pub. L.
108–458, title VII, §§ 7206(a), 7210(d)(1), Dec. 17,
2004, 118 Stat. 3817, 3825.)
CODIFICATION
September 30, 1996, referred to in subsec. (a)(1), was in
the original ‘‘the date of the enactment of such Act’’,
which was translated as meaning the date of enactment
of Pub. L. 104–208, which enacted this section, to reflect
the probable intent of Congress.
AMENDMENTS
2004—Subsec. (a)(4). Pub. L. 108–458, § 7210(d)(1),
amended par. (4) generally. Prior to amendment, par.
(4) read as follows: ‘‘(4) ADDITIONAL STATIONS.—Subject
to paragraph (5), not later than October 31, 2000, the Attorney General, in consultation with the Secretary of
State, shall establish preinspection stations in at least
5 additional foreign airports which the Attorney General, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3)
and such other information as may be available, would
most effectively reduce the number of aliens who arrive
from abroad by air at points of entry within the United
States who are inadmissible to the United States. Such