[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR234.2]



[Page 408-409]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 234_DESIGNATION OF PORTS OF ENTRY FOR ALIENS ARRIVING BY CIVIL 

AIRCRAFT--Table of Contents

 

Sec. 234.2  Landing requirements.



    (a) Place of landing. Aircraft carrying passengers or crew required 

to be inspected under the Act shall land at the international air ports 

of entry enumerated in part 100 of this chapter unless permission to 

land elsewhere shall first be obtained from the Commissioner of Customs 

in the case of aircraft operated by scheduled airlines, and in all other 

cases from the district director of Customs or other Customs officer 

having jurisdiction over the Customs port of entry nearest the intended 

place of landing. Notwithstanding the foregoing, aircraft carrying 

passengers and crew required to be inspected under the act on flights 

originating in Cuba shall land only at John F. Kennedy International 

Airport, Jamaica, New York; the Los Angeles International Airport, Los 

Angeles, California; or the Miami International Airport, Miami, Florida, 

unless advance permission to land elsewhere has been obtained from the 

Office of Field Operations at Headquarters.

    (b) Advance notice of arrival. Aircraft carrying passengers or crew 

required to be inspected under the Immigration and Nationality Act, 

except aircraft of a scheduled airline arriving in accordance with the 

regular schedule filed with the Service at the place of landing, shall 

furnish notice of the intended flight to the immigration officer at or 

nearest the intended place of landing, or shall furnish similar notice 

to the district director of Customs or other Customs officer in charge 

at such place. Such notice shall specify the type of aircraft, the 

registration marks thereon, the name of the aircraft commander, the 

place of last departure, the airport of entry, or other place at which 

landing has been authorized, number of alien passengers, number of 

citizen passengers, and the estimated time of arrival. The notice shall 

be sent in sufficient time to enable the officers designated to inspect 

the aircraft to reach the airport of entry or such other place of 

landing prior to the arrival of the aircraft.



[[Page 409]]



    (c) Permission to discharge or depart. Aircraft carrying passengers 

or crew required to be inspected under the Immigration and Nationality 

Act shall not discharge or permit to depart any passenger or crewman 

without permission from an immigration officer.

    (d) Emergency or forced landing. Should any aircraft carrying 

passengers or crew required to be inspected under the Immigration and 

Nationality Act make a forced landing in the United States, the 

commanding officer or person in command shall not allow any passenger or 

crewman thereon to depart from the landing place without permission of 

an immigration officer, unless such departure is necessary for purposes 

of safety or the preservation of life or property. As soon as 

practicable, the commanding officer or person in command, or the owner 

of the aircraft, shall communicate with the nearest immigration officer 

and make a full report of the circumstances of the flight and of the 

emergency or forced landing.



[22 FR 9795, Dec. 6, 1957, as amended at 32 FR 9631, July 4, 1967; 45 FR 

29243, May 1, 1980; 49 FR 50019, Dec. 26, 1984; 54 FR 102, Jan. 4, 1989; 

54 FR 1050, Jan. 11, 1989; 65 FR 58903, Oct. 3, 2000]