Laws and Regulations for the Medical Examination of Aliens
The Department of Health and Human Services has regulatory authority to promulgate regulations that establish requirements for the medical examination of aliens (immigrants, refugees, asylees, and parolees) before they may be admitted into the United States. Under this authority, the Division of Global Migration Health administers the regulations which include the health-related conditions that make aliens ineligible for entry into the United States.
The legal foundation for this authority is found in Title 8: Aliens and Nationality and Title 42: The Public Health and Welfare of the U.S. Code (USC), and relevant supporting regulations at Title 42 Public Health in the Code of Federal Regulations (CFR).
Title 8 of the U.S. Code: Aliens and Nationality
- 8 USC 1182. Aliens with Diseases of Public Health Significance
- 8 USC 1222. Detention of aliens for physical and mental examination
Title 42 of the U.S. Code: The Public Health and Welfare
Title 42 of the Code of Federal Regulations: Public Health
- Final Rule: Medical Examination of Aliens-Revisions to Medical Screening Process – January 26, 2016
- Final Rule: Medical Examination of Aliens – Removal of HIV Infection From Definition of “Communicable Disease of Public Health Significance” – November 2, 2009
- Federal Register Notice: Revised Vaccination Criteria for U.S. Immigration – November 13, 2009
Additional United States Federal Law Resources
Title 8 of the U.S. Code: Aliens and Nationality