TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part VIII - General Penalty Provisions
HEAD
Sec. 1324. Bringing in and harboring certain aliens
STATUTE
(a) Criminal penalties
(1)(A) Any person who -
(i) knowing that a person is an alien, brings to or attempts to
bring to the United States in any manner whatsoever such person
at a place other than a designated port of entry or place other
than as designated by the Commissioner, regardless of whether
such alien has received prior official authorization to come to,
enter, or reside in the United States and regardless of any
future official action which may be taken with respect to such
alien;
(ii) knowing or in reckless disregard of the fact that an alien
has come to, entered, or remains in the United States in
violation of law, transports, or moves or attempts to transport
or move such alien within the United States by means of
transportation or otherwise, in furtherance of such violation of
law;
(iii) knowing or in reckless disregard of the fact that an
alien has come to, entered, or remains in the United States in
violation of law, conceals, harbors, or shields from detection,
or attempts to conceal, harbor, or shield from detection, such
alien in any place, including any building or any means of
transportation;
(iv) encourages or induces an alien to come to, enter, or
reside in the United States, knowing or in reckless disregard of
the fact that such coming to, entry, or residence is or will be
in violation of law; or
(v)(I) engages in any conspiracy to commit any of the preceding
acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien
in respect to whom such a violation occurs -
(i) in the case of a violation of subparagraph (A)(i) or (v)(I)
or in the case of a violation of subparagraph (A)(ii), (iii), or
(iv) in which the offense was done for the purpose of commercial
advantage or private financial gain, be fined under title 18,
imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii),
(iv), or (v)(II), be fined under title 18, imprisoned not more
than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii),
(iii), (iv), or (v) during and in relation to which the person
causes serious bodily injury (as defined in section 1365 of title
18) to, or places in jeopardy the life of, any person, be fined
under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii),
(iii), (iv), or (v) resulting in the death of any person, be
punished by death or imprisoned for any term of years or for
life, fined under title 18, or both.
(C) It is not a violation of clauses (!1) (ii) or (iii) of
subparagraph (A), or of clause (iv) of subparagraph (A) except
where a person encourages or induces an alien to come to or enter
the United States, for a religious denomination having a bona fide
nonprofit, religious organization in the United States, or the
agents or officers of such denomination or organization, to
encourage, invite, call, allow, or enable an alien who is present
in the United States to perform the vocation of a minister or
missionary for the denomination or organization in the United
States as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel, medical
assistance, and other basic living expenses, provided the minister
or missionary has been a member of the denomination for at least
one year.
(2) Any person who, knowing or in reckless disregard of the fact
that an alien has not received prior official authorization to come
to, enter, or reside in the United States, brings to or attempts to
bring to the United States in any manner whatsoever, such alien,
regardless of any official action which may later be taken with
respect to such alien shall, for each alien in respect to whom a
violation of this paragraph occurs -
(A) be fined in accordance with title 18 or imprisoned not more
than one year, or both; or
(B) in the case of -
(i) an offense committed with the intent or with reason to
believe that the alien unlawfully brought into the United
States will commit an offense against the United States or any
State punishable by imprisonment for more than 1 year,
(ii) an offense done for the purpose of commercial advantage
or private financial gain, or
(iii) an offense in which the alien is not upon arrival
immediately brought and presented to an appropriate immigration
officer at a designated port of entry,
be fined under title 18 and shall be imprisoned, in the case of a
first or second violation of subparagraph (B)(iii), not more than
10 years, in the case of a first or second violation of
subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10
years, and for any other violation, not less than 5 nor more than
15 years.
(3)(A) Any person who, during any 12-month period, knowingly
hires for employment at least 10 individuals with actual knowledge
that the individuals are aliens described in subparagraph (B) shall
be fined under title 18 or imprisoned for not more than 5 years, or
both.
(B) An alien described in this subparagraph is an alien who -
(i) is an unauthorized alien (as defined in section 1324a(h)(3)
of this title), and
(ii) has been brought into the United States in violation of
this subsection.
(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if -
(A) the offense was part of an ongoing commercial organization
or enterprise;
(B) aliens were transported in groups of 10 or more; and
(C)(i) aliens were transported in a manner that endangered
their lives; or
(ii) the aliens presented a life-threatening health risk to
people in the United States.
(b) Seizure and forfeiture
(1) In general
Any conveyance, including any vessel, vehicle, or aircraft,
that has been or is being used in the commission of a violation
of subsection (a) of this section, the gross proceeds of such
violation, and any property traceable to such conveyance or
proceeds, shall be seized and subject to forfeiture.
(2) Applicable procedures
Seizures and forfeitures under this subsection shall be
governed by the provisions of chapter 46 of title 18 relating to
civil forfeitures, including section 981(d) of such title, except
that such duties as are imposed upon the Secretary of the
Treasury under the customs laws described in that section shall
be performed by such officers, agents, and other persons as may
be designated for that purpose by the Attorney General.
(3) Prima facie evidence in determinations of violations
In determining whether a violation of subsection (a) of this
section has occurred, any of the following shall be prima facie
evidence that an alien involved in the alleged violation had not
received prior official authorization to come to, enter, or
reside in the United States or that such alien had come to,
entered, or remained in the United States in violation of law:
(A) Records of any judicial or administrative proceeding in
which that alien's status was an issue and in which it was
determined that the alien had not received prior official
authorization to come to, enter, or reside in the United States
or that such alien had come to, entered, or remained in the
United States in violation of law.
(B) Official records of the Service or of the Department of
State showing that the alien had not received prior official
authorization to come to, enter, or reside in the United States
or that such alien had come to, entered, or remained in the
United States in violation of law.
(C) Testimony, by an immigration officer having personal
knowledge of the facts concerning that alien's status, that the
alien had not received prior official authorization to come to,
enter, or reside in the United States or that such alien had
come to, entered, or remained in the United States in violation
of law.
(c) Authority to arrest
No officer or person shall have authority to make any arrests for
a violation of any provision of this section except officers and
employees of the Service designated by the Attorney General, either
individually or as a member of a class, and all other officers
whose duty it is to enforce criminal laws.
(d) Admissibility of videotaped witness testimony
Notwithstanding any provision of the Federal Rules of Evidence,
the videotaped (or otherwise audiovisually preserved) deposition of
a witness to a violation of subsection (a) of this section who has
been deported or otherwise expelled from the United States, or is
otherwise unable to testify, may be admitted into evidence in an
action brought for that violation if the witness was available for
cross examination and the deposition otherwise complies with the
Federal Rules of Evidence.
(e) Outreach program
The Secretary of Homeland Security, in consultation with the
Attorney General and the Secretary of State, as appropriate, shall
develop and implement an outreach program to educate the public in
the United States and abroad about the penalties for bringing in
and harboring aliens in violation of this section.
SOURCE
(June 27, 1952, ch. 477, title II, ch. 8, Sec. 274, 66 Stat. 228;
Pub. L. 95-582, Sec. 2, Nov. 2, 1978, 92 Stat. 2479; Pub. L. 97-
116, Sec. 12, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99-603, title
I, Sec. 112, Nov. 6, 1986, 100 Stat. 3381; Pub. L. 100-525, Sec.
2(d), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 103-322, title VI,
Sec. 60024, Sept. 13, 1994, 108 Stat. 1981; Pub. L. 104-208, div.
C, title II, Secs. 203(a)-(d), 219, title VI, Sec. 671(a)(1), Sept.
30, 1996, 110 Stat. 3009-565, 3009-566, 3009-574, 3009-720; Pub. L.
106-185, Sec. 18(a), Apr. 25, 2000, 114 Stat. 222; Pub. L. 108-458,
title V, Sec. 5401, Dec. 17, 2004, 118 Stat. 3737; Pub. L. 109-97,
title VII, Sec. 796, Nov. 10, 2005, 119 Stat. 2165.)
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec. (d), are
set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
AMENDMENTS
2005 - Subsec. (a)(1)(C). Pub. L. 109-97 added subpar. (C).
2004 - Subsec. (a)(4). Pub. L. 108-458, Sec. 5401(a), added par.
(4).
Subsec. (e). Pub. L. 108-458, Sec. 5401(b), added subsec. (e).
2000 - Subsec. (b). Pub. L. 106-185 inserted heading and amended
text of subsec. (b) generally, substituting present provisions for
provisions relating to conveyances subject to seizure and
forfeiture, exceptions, officers and authorized persons,
disposition of forfeited conveyances, and suits and actions.
1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 671(a)(1), made
technical amendment to directory language of Pub. L. 103-322, Sec.
60024(1)(F). See 1994 Amendment note below.
Subsec. (a)(1)(A)(v). Pub. L. 104-208, Sec. 203(b)(1), which
directed the amendment of subsec. (a)(1)(A) by adding cl. (v) at
end, was executed by adding cl. (v) after cl. (iv), to reflect the
probable intent of Congress.
Subsec. (a)(1)(B)(i). Pub. L. 104-208, Sec. 203(a), (b)(2)(A),
inserted "or (v)(I) or in the case of a violation of subparagraph
(A)(ii), (iii), or (iv) in which the offense was done for the
purpose of commercial advantage or private financial gain" after
"subparagraph (A)(i)".
Subsec. (a)(1)(B)(ii). Pub. L. 104-208, Sec. 203(b)(2)(B),
substituted "(iv), or (v)(II)" for "or (iv)".
Subsec. (a)(1)(B)(iii), (iv). Pub. L. 104-208, Sec. 203(b)(2)(C),
(D), substituted "(iv), or (v)" for "or (iv)".
Subsec. (a)(2). Pub. L. 104-208, Sec. 203(d), substituted "for
each alien in respect to whom a violation of this paragraph occurs"
for "for each transaction constituting a violation of this
paragraph, regardless of the number of aliens involved" in
introductory provisions.
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 203(b)(3), in concluding
provisions, substituted "be fined under title 18 and shall be
imprisoned, in the case of a first or second violation of
subparagraph (B)(iii), not more than 10 years, in the case of a
first or second violation of subparagraph (B)(i) or (B)(ii), not
less than 3 nor more than 10 years, and for any other violation,
not less than 5 nor more than 15 years." for "be fined in
accordance with title 18 or in the case of a violation of
subparagraph (B)(ii), imprisoned not more than 10 years, or both;
or in the case of a violation of subparagraph (B)(i) or (B)(iii),
imprisoned not more than 5 years, or both.."
Subsec. (a)(2)(B)(i). Pub. L. 104-208, Sec. 203(c), amended cl.
(i) generally. Prior to amendment, cl. (i) read as follows: "a
second or subsequent offense,".
Subsec. (a)(3). Pub. L. 104-208, Sec. 203(b)(4), added par. (3).
Subsec. (d). Pub. L. 104-208, Sec. 219, added subsec. (d).
1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 60024(1)(F), as
amended by Pub. L. 104-208, Sec. 671(a)(1), substituted "shall be
punished as provided in subparagraph (B)" for "shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than five years, or both, for each alien in respect to whom
any violation of this paragraph occurs" in concluding provisions.
Pub. L. 103-322, Sec. 60024(1)(A)-(E), (G), designated existing
provisions of par. (1) as subpar. (A) of par. (1), redesignated
subpars. (A) to (D) of former par. (1) as cls. (i) to (iv),
respectively, of subpar. (A), and added subpar. (B).
Subsec. (a)(2)(B). Pub. L. 103-322, Sec. 60024(2), in concluding
provisions, substituted "or in the case of a violation of
subparagraph (B)(ii), imprisoned not more than 10 years, or both;
or in the case of a violation of subparagraph (B)(i) or (B)(iii),
imprisoned not more than 5 years, or both." for "or imprisoned not
more than five years, or both".
1988 - Subsec. (a)(1). Pub. L. 100-525, Sec. 2(d)(1), in closing
provisions substituted "or imprisoned" for "imprisoned" and "this
paragraph" for "this subsection".
Subsec. (b)(4)(C), (5). Pub. L. 100-525, Sec. 2(d)(2), amended
Pub. L. 99-603, Sec. 112(b)(5), (8). See 1986 Amendment note below.
1986 - Subsec. (a). Pub. L. 99-603, Sec. 112(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"Any person, including the owner, operator, pilot, master,
commanding officer, agent, or consignee of any means of
transportation who -
"(1) brings into or lands in the United States, by any means of
transportation or otherwise, or attempts, by himself or through
another, to bring into or land in the United States, by any means
of transportation or otherwise;
"(2) knowing that he is in the United States in violation of
law, and knowing or having reasonable grounds to believe that his
last entry into the United States occurred less than three years
prior thereto, transports, or moves, or attempts to transport or
move, within the United States by means of transportation or
otherwise, in furtherance of such violation of law;
"(3) willfully or knowingly conceals, harbors, or shields from
detection, or attempts to conceal, harbor, or shield from
detection, in any place, including any building or any means of
transportation; or
"(4) willfully or knowingly encourages or induces, or attempts
to encourage or induce, either directly or indirectly, the entry
into the United States of -
any alien, including an alien crewman, not duly admitted by an
immigration officer or not lawfully entitled to enter or reside
within the United States under the terms of this chapter or any
other law relating to the immigration or expulsion of aliens, shall
be guilty of a felony, and upon conviction thereof shall be
punished by a fine not exceeding $2,000 or by imprisonment for a
term not exceeding five years, or both, for each alien in respect
to whom any violation of this subsection occurs: Provided, however,
That for the purposes of this section, employment (including the
usual and normal practices incident to employment) shall not be
deemed to constitute harboring."
Subsec. (b)(1). Pub. L. 99-603, Sec. 112(b)(1), (2), substituted
"has been or is being used" for "is used" and "seized and subject
to" for "subject to seizure and" in provisions preceding subpar.
(A).
Subsec. (b)(2). Pub. L. 99-603, Sec. 112(b)(3), inserted "or is
being" after "has been".
Subsec. (b)(3). Pub. L. 99-603, Sec. 112(b)(4), substituted
"property" for "conveyances".
Subsec. (b)(4)(C). Pub. L. 99-603, Sec. 112(b)(5), as amended by
Pub. L. 100-525, Sec. 2(d)(2)(A), inserted ", or the Maritime
Administration if appropriate under section 484(i) of title 40,".
Subsec. (b)(4)(D). Pub. L. 99-603, Sec. 112(b)(6), added subpar.
(D).
Subsec. (b)(5). Pub. L. 99-603, Sec. 112(b)(7)-(9), as amended by
Pub. L. 100-525, Sec. 2(d)(2)(B), substituted ", except that" for
": Provided, That" in provisions preceding subpar. (A), substituted
"had not received prior official authorization to come to, enter,
or reside in the United States or that such alien had come to,
entered, or remained in the United States in violation of law" for
"was not lawfully entitled to enter, or reside within, the United
States" wherever appearing, inserted "or of the Department of
State" in subpar. (B), and substituted "had not received prior
official authorization to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained in the
United States in violation of law" for "was not entitled to enter,
or reside within, the United States" in subpar. (C).
1981 - Subsec. (b). Pub. L. 97-116 strengthened the seizure and
forfeiture authority by striking out the "innocent owner" exemption
and merely requiring the Government to show probable cause that the
conveyance seized has been used to illegally transport aliens,
which when demonstrated, shifts the burden of proof to the owner or
claimant to show by a preponderance of the evidence that the
conveyance was not illegally used, by relieving the Government of
the obligation to pay any administrative and incidental costs
incurred by a successful claimant provided probable cause for the
original seizure was demonstrated, and by striking out the
requirement that the Government satisfy any valid lien or third
party interest in the conveyance without expense to the interest
holder by providing the lienholders interest be satisfied only
after costs associated with the seizure have been deducted.
1978 - Subsecs. (b), (c). Pub. L. 95-582 added subsec. (b) and
redesignated former subsec. (b) as (c).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-185, Sec. 21, Apr. 25, 2000, 114 Stat. 225, provided
that: "Except as provided in section 14(c) [set out as an Effective
Date note under section 2466 of title 28, Judiciary and Judicial
Procedure], this Act [see Short Title of 2000 Amendment note set
out under section 981 of Title 18, Crimes and Criminal Procedure]
and the amendments made by this Act shall apply to any forfeiture
proceeding commenced on or after the date that is 120 days after
the date of the enactment of this Act [Apr. 25, 2000]."
EFFECTIVE DATE OF 1996 AMENDMENT
Section 203(f) of div. C of Pub. L. 104-208 provided that: "This
section [amending this section and enacting provisions set out as a
note under section 994 of Title 28, Judiciary and Judicial
Procedure] and the amendments made by this section shall apply with
respect to offenses occurring on or after the date of the enactment
of this Act [Sept. 30, 1996]."
Amendment by section 671(a)(1) of Pub. L. 104-208 effective as if
included in the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
Pub. L. 104-208, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-525 effective as if included in
enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
603, see section 2(s) of Pub. L. 100-525, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 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.
FOOTNOTE
(!1) So in original. Probably should be "clause".
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