| United States immigration laws are designed to control the entry of aliens into the U.S. from abroad. In determining the effect of these laws, it is important to understand their geographical limitations with relation to travel between the continental U.S., U.S. territories, and U.S. possessions. Not all travel is subject to immigration laws, and some travel is only partially subject to those laws.
The Rule
When an alien attempts to enter the U.S. from abroad or from an outlying U.S. possession such as American Samoa and Swains Island, he or she must comply with U.S. immigration laws. These laws apply not only to entries into the continental U.S. but also to entries into Alaska, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands.
Travel from Continental U.S. to U.S. Territories
Aliens have an unrestricted right to travel between the continental U.S. and U.S. territories. As a result, they need not comply with immigration laws when these travels are made. For example, an alien who lives in the U.S. could travel from the continental U.S. to Puerto Rico and back without being subject to U.S. immigration laws.
Travel from U.S. Territories to the Continental U.S. or U.S. Territories
A statute places certain restrictions on the travel of aliens who live in U.S. territories, such as Puerto Rico and Guam, to the continental U.S. and to other U.S. territories Specifically, those aliens are subject to the general requirements of the immigration laws, except that they need not comply with documentary requirements. For example, an alien who lives in Puerto Rico would be subject to immigration laws, other than the documentary requirements, when traveling between Puerto Rico and Guam.
Travel between the U.S. and U.S. Possessions
The applicability of immigration laws to aliens traveling to and from U.S. possessions depends upon the definition of or the political arrangements made with those possessions. First, travel to and from both American Samoa and Swains Island, because they are designated as outlying possessions, is entirely subject to immigration laws. However, alien travel to and from the island groups of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau is not subject to immigration laws due to compacts made with those territories. Finally, U.S. immigration laws are only partially applicable to alien travel to and from the island group of the Northern Mariana Islands. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |