Reading Room Document

Exclusion of Homosexual Aliens Under 8 U.S.C. § 1182(a) (4)

This document is a memorandum to John H. Shenefield, Acting Associate Attorney General, regarding the exclusion of homosexual aliens under 8 U.S.C. § 1182(a) (4). The conclusion reached in the document is that the Immigration and Nationality Act of 1952 imposes an obligation on the INS to exclude from the United States those aliens who are determined to be homosexual based on nonmedical evidence. The document presents questions for review regarding the interpretation of 8 U.S.C. § 1226(d) and the authority of the Surgeon General to certify homosexuals as having a defect or disease. It also addresses the reliance on unreported opinions of the Bureau of Immigration Appeals and an unreported District Court opinion.

March 10, 1980