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Title 8, Aliens and NationalityRelease 119-110

§1182e Denial of Entry Into United States of Foreign Nationals Engaged in Establishment or Enforcement of Forced Abortion or Sterilization Policy

Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part II — Admission Qualifications for Aliens; Travel Control of Citizens and Aliens › § 1182e

Last updated Sep 22, 2026|Official source

Summary

The Secretary of State must not give a visa, and the Attorney General must not allow into the United States, any foreign national found, on credible specific information, to have helped create or enforce programs that force women to have abortions or force people to be sterilized—unless the Secretary believes the person has stopped supporting or taking part in those programs. The ban does not apply to a head of state, head of government, or cabinet-level minister. The Secretary can waive the rule if it is important to U.S. national interests, but must send written notice to the proper congressional committees explaining why.

Full Legal Text

Title 8, §1182e

Aliens and Nationality, Source: USLM XML via OLRC

(a)Denial of entry
Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or forcing a man or woman to undergo sterilization against his or her free choice, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies.
(b)Exceptions
The prohibitions in subsection (a) shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister.
(c)Waiver
The Secretary of State may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary—
(1)determines that it is important to the national interest of the United States to do so; and
(2)provides written notification to the appropriate congressional committees containing a justification for the waiver.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of the Immigration and Nationality Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1182e

Title 8, Aliens and Nationality

Last Updated

Sep 22, 2026

Release point: 119-110