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CITE

    8 USC Sec. 1323                                             01/05/2009

EXPCITE

    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

HEAD

    Sec. 1323. Unlawful bringing of aliens into United States

STATUTE

    (a) Persons liable
      (1) It shall be unlawful for any person, including any
    transportation company, or the owner, master, commanding officer,
    agent, charterer, or consignee of any vessel or aircraft, to bring
    to the United States from any place outside thereof (other than
    from foreign contiguous territory) any alien who does not have a
    valid passport and an unexpired visa, if a visa was required under
    this chapter or regulations issued thereunder.
      (2) It is unlawful for an owner, agent, master, commanding
    officer, person in charge, purser, or consignee of a vessel or
    aircraft who is bringing an alien (except an alien crewmember) to
    the United States to take any consideration to be kept or returned
    contingent on whether an alien is admitted to, or ordered removed
    from, the United States.
    (b) Evidence
      If it appears to the satisfaction of the Attorney General that
    any alien has been so brought, such person, or transportation
    company, or the master, commanding officer, agent, owner,
    charterer, or consignee of any such vessel or aircraft, shall pay
    to the Commissioner a fine of $3,000 for each alien so brought and,
    except in the case of any such alien who is admitted, or permitted
    to land temporarily, in addition, an amount equal to that paid by
    such alien for his transportation from the initial point of
    departure, indicated in his ticket, to the port of arrival, such
    latter fine to be delivered by the Commissioner to the alien on
    whose account the assessment is made. No vessel or aircraft shall
    be granted clearance pending the determination of the liability to
    the payment of such fine or while such fine remains unpaid, except
    that clearance may be granted prior to the determination of such
    question upon the deposit of an amount sufficient to cover such
    fine, or of a bond with sufficient surety to secure the payment
    thereof approved by the Commissioner.
    (c) Remission or refund
      Except as provided in subsection (e) of this section, such fine
    shall not be remitted or refunded, unless it appears to the
    satisfaction of the Attorney General that such person, and the
    owner, master, commanding officer, agent, charterer, and consignee
    of the vessel or aircraft, prior to the departure of the vessel or
    aircraft from the last port outside the United States, did not
    know, and could not have ascertained by the exercise of reasonable
    diligence, that the individual transported was an alien and that a
    valid passport or visa was required.
    (d) Repealed. Pub. L. 104-208, div. C, title III, Sec. 308(e)(13),
      Sept. 30, 1996, 110 Stat. 3009-620
    (e) Reduction, refund, or waiver
      A fine under this section may be reduced, refunded, or waived
    under such regulations as the Attorney General shall prescribe in
    cases in which -
        (1) the carrier demonstrates that it had screened all
      passengers on the vessel or aircraft in accordance with
      procedures prescribed by the Attorney General, or
        (2) circumstances exist that the Attorney General determines
      would justify such reduction, refund, or waiver.

SOURCE

    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 273, 66 Stat. 227;
    Pub. L. 101-649, title II, Sec. 201(b), title V, Sec. 543(a)(10),
    Nov. 29, 1990, 104 Stat. 5014, 5058; Pub. L. 102-232, title III,
    Sec. 306(c)(4)(D), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103-416,
    title II, Secs. 209(a), 216, 219(p), Oct. 25, 1994, 108 Stat. 4312,
    4315, 4317; Pub. L. 104-208, div. C, title III, Secs. 308(c)(3),
    (e)(13), 371(b)(8), title VI, Sec. 671(b)(6), (7), Sept. 30, 1996,
    110 Stat. 3009-616, 3009-620, 3009-645, 3009-722.)

AMENDMENTS

      1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(c)(3), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b). Pub. L. 104-208, Sec. 671(b)(7), made technical
    amendment to directory language of Pub. L. 103-416, Sec. 209(a)(1).
    See 1994 Amendment note below.
      Pub. L. 104-208, Sec. 671(b)(6), substituted "remains" for
    "remain".
      Subsec. (d). Pub. L. 104-208, Sec. 371(b)(8), substituted
    "immigration judges" for "special inquiry officers".
      Pub. L. 104-208, Sec. 308(e)(13), struck out subsec. (d) which
    read as follows: "The owner, charterer, agent, consignee,
    commanding officer, or master of any vessel or aircraft arriving at
    the United States from any place outside the United States who
    fails to deport any alien stowaway on the vessel or aircraft on
    which such stowaway arrived or on another vessel or aircraft at the
    expense of the vessel or aircraft on which such stowaway arrived
    when required to do so by an immigration officer, shall pay to the
    Commissioner a fine of $3,000 for each alien stowaway, in respect
    of whom any such failure occurs. Pending final determination of
    liability for such fine, no such vessel or aircraft shall be
    granted clearance, except that clearance may be granted upon the
    deposit of an amount sufficient to cover such fine, or of a bond
    with sufficient surety to secure the payment thereof approved by
    the Commissioner. The provisions of section 1225 of this title for
    detention of aliens for examination before immigration judges and
    the right of appeal provided for in section 1226 of this title
    shall not apply to aliens who arrive as stowaways and no such alien
    shall be permitted to land in the United States, except temporarily
    for medical treatment, or pursuant to such regulations as the
    Attorney General may prescribe for the ultimate departure or
    removal or deportation of such alien from the United States."
      1994 - Subsec. (b). Pub. L. 103-416, Sec. 219(p), in first
    sentence substituted "Commissioner" for "collector of customs"
    before "to the alien".
      Pub. L. 103-416, Sec. 209(a)(1), as amended by Pub. L. 104-208,
    Sec. 671(b)(7), substituted "a fine of $3,000" for "the sum of
    $3,000".
      Pub. L. 103-416, Sec. 209(a)(2), (4), in first sentence
    substituted "an amount equal to" for "a sum equal to" and "such
    latter fine" for "such latter sum", and in second sentence
    substituted "such fine or while such fine" for "such sums or while
    such sums" and "cover such fine" for "cover such sums".
      Subsec. (c). Pub. L. 103-416, Sec. 209(a)(4), (5), substituted
    "Except as provided in subsection (e) of this section, such fine"
    for "Such sums".
      Subsec. (d). Pub. L. 103-416, Sec. 216, amended first sentence
    generally. Prior to amendment, first sentence read as follows: "The
    owner, charterer, agent, consignee, commanding officer, or master
    of any vessel or aircraft arriving at the United States from any
    place outside thereof who fails to detain on board or at such other
    place as may be designated by an immigration officer any alien
    stowaway until such stowaway has been inspected by an immigration
    officer, or who fails to detain such stowaway on board or at such
    other designated place after inspection if ordered to do so by an
    immigration officer, or who fails to deport such stowaway on the
    vessel or aircraft on which he arrived or on another vessel or
    aircraft at the expense of the vessel or aircraft on which he
    arrived when required to do so by an immigration officer, shall pay
    to the Commissioner the sum of $3,000 for each alien stowaway, in
    respect of whom any such failure occurs."
      Pub. L. 103-416, Sec. 209(a)(1), which directed that subsec. (d)
    be amended by substituting "a fine of $3,000" for "the sum of
    $3000", was executed in the first sentence by making the
    substitution for "the sum of $3,000", to reflect the probable
    intent of Congress.
      Pub. L. 103-416, Sec. 209(a)(3), in second sentence substituted
    "an amount" for "a sum" before "sufficient to cover such fine".
      Subsec. (e). Pub. L. 103-416, Sec. 209(a)(6), added subsec. (e).
      1991 - Subsec. (b). Pub. L. 102-232 substituted "Commissioner"
    for "collector of customs" before period at end of second sentence.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 201(b)(1), inserted "a
    valid passport and" before "an unexpired visa".
      Subsec. (b). Pub. L. 101-649, Sec. 543(a)(10)(A), substituted
    "Commissioner the sum of $3,000" for "collector of customs of the
    customs district in which the port of arrival is located the sum of
    $1,000".
      Subsec. (c). Pub. L. 101-649, Sec. 201(b)(2), inserted "valid
    passport or" before "visa was required".
      Subsec. (d). Pub. L. 101-649, Sec. 543(a)(10)(B), substituted
    "Commissioner the sum of $3,000" for "collector of customs of the
    customs district in which the port of arrival is located the sum of
    $1,000" in first sentence and "Commissioner" for "collector of
    customs" in second sentence.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 308(c)(3), (e)(13) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.
      Amendment by section 371(b)(8) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      Amendment by section 671(b)(6), (7) of Pub. L. 104-208 effective
    as if included in the enactment of the Immigration and Nationality
    Technical Corrections Act of 1994, Pub. L. 103-416, see section
    671(b)(14) of Pub. L. 104-208, set out as a note under section 1101
    of this title.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 209(b) of Pub. L. 103-416, as amended by Pub. L. 104-208,
    div. C, title VI, Sec. 671(b)(8), Sept. 30, 1996, 110 Stat. 3009-
    722, provided that: "The amendments made by this section [amending
    this section] shall apply with respect to aliens brought to the
    United States more than 60 days after the date of enactment of this
    Act [Oct. 25, 1994]."
      Amendment by section 219(p) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.
                     EFFECTIVE DATE OF 1991 AMENDMENT
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by section 543(a)(10) of Pub. L. 101-649 applicable to
    actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
    101-649, set out as a note under section 1221 of this title.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.
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