Reading Room Document

Section 235A of the Immigration and Nationality Act

Section 235A of the Immigration and Nationality Act requires the Attorney General to establish and maintain certain preinspection stations, provided the foreign countries concerned have consented to the establishment of such stations on their territory and provided that certain other preconditions have been satisfied. Section 235A does not oblige the Attorney General or any other executive branch official to enter into diplomatic negotiations with foreign countries in order to obtain their consent to the establishment of preinspection stations on their territory, and it does not require that preinspection stations be established before the preconditions have been satisfied. Accordingly, section 235A does not unconstitutionally infringe on the President's authonty to conduct diplomatic relations. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/19341/download.

October 23, 2000