CITE

    8 USC Sec. 1321                                             01/05/2009

EXPCITE

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

HEAD

    Sec. 1321. Prevention of unauthorized landing of aliens

STATUTE

    (a) Failure to report; penalties
      It shall be the duty of every person, including the owners,
    masters, officers, and agents of vessels, aircraft, transportation
    lines, or international bridges or toll roads, other than
    transportation lines which may enter into a contract as provided in
    section 1223 of this title, bringing an alien to, or providing a
    means for an alien to come to, the United States (including an
    alien crewman whose case is not covered by section 1284(a) of this
    title) to prevent the landing of such alien in the United States at
    a port of entry other than as designated by the Attorney General or
    at any time or place other than as designated by the immigration
    officers. Any such person, owner, master, officer, or agent who
    fails to comply with the foregoing requirements shall be liable to
    a penalty to be imposed by the Attorney General of $3,000 for each
    such violation, which may, in the discretion of the Attorney
    General, be remitted or mitigated by him in accordance with such
    proceedings as he shall by regulation prescribe. Such penalty shall
    be a lien upon the vessel or aircraft whose owner, master, officer,
    or agent violates the provisions of this section, and such vessel
    or aircraft may be libeled therefor in the appropriate United
    States court.
    (b) Prima facie evidence
      Proof that the alien failed to present himself at the time and
    place designated by the immigration officers shall be prima facie
    evidence that such alien has landed in the United States at a time
    or place other than as designated by the immigration officers.
    (c) Liability of owners and operators of international bridges and
      toll roads
      (1) Any owner or operator of a railroad line, international
    bridge, or toll road who establishes to the satisfaction of the
    Attorney General that the person has acted diligently and
    reasonably to fulfill the duty imposed by subsection (a) of this
    section shall not be liable for the penalty described in such
    subsection, notwithstanding the failure of the person to prevent
    the unauthorized landing of any alien.
      (2)(A) At the request of any person described in paragraph (1),
    the Attorney General shall inspect any facility established, or any
    method utilized, at a point of entry into the United States by such
    person for the purpose of complying with subsection (a) of this
    section. The Attorney General shall approve any such facility or
    method (for such period of time as the Attorney General may
    prescribe) which the Attorney General determines is satisfactory
    for such purpose.
      (B) Proof that any person described in paragraph (1) has
    diligently maintained any facility, or utilized any method, which
    has been approved by the Attorney General under subparagraph (A)
    (within the period for which the approval is effective) shall be
    prima facie evidence that such person acted diligently and
    reasonably to fulfill the duty imposed by subsection (a) of this
    section (within the meaning of paragraph (1) of this subsection).

SOURCE

    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 271, 66 Stat. 226;
    Pub. L. 99-603, title I, Sec. 114, Nov. 6, 1986, 100 Stat. 3383;
    Pub. L. 101-649, title V, Sec. 543(a)(8), Nov. 29, 1990, 104 Stat.
    5058; Pub. L. 104-208, div. C, title III, Sec. 308(g)(1), Sept. 30,
    1996, 110 Stat. 3009-622.)

AMENDMENTS

      1996 - Subsec. (a). Pub. L. 104-208 substituted "section 1223"
    for "section 1228".
      1990 - Subsec. (a). Pub. L. 101-649 substituted "$3,000" for
    "$1,000".
      1986 - Subsec. (c). Pub. L. 99-603 added subsec. (c).
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by 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.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by 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.