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8 U.S.C. § 1286 — Discharge of alien crewmen; penalties

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1286 — Discharge of alien crewmen; penalties

It shall be unlawful for any person, including the owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft, to pay off or discharge any alien crewman, except an alien lawfully admitted for permanent residence, employed on board a vessel or aircraft arriving in the United States without first having obtained the consent of the Attorney General. If it shall appear to the satisfaction of the Attorney General that any alien crewman has been paid off or discharged in the United States in violation of the provisions of this section, such owner, agent, consignee, charterer, master, commanding officer, or other person, shall pay to the Commissioner the sum of $3,000 for each such violation. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Such fine may, in the discretion of the Attorney General, be mitigated to not less than $1,500 for each violation, upon such terms as he shall think proper.

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Stable record: federal_law:legal_authorities:record_usc_52a9bbafa89c1a6685aa894d
Source file: Laws/federal/codes/united-states-code/title-8/section-1286-discharge-of-alien-crewmen-penalties--9e8c6e0915.md
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Passage SHA-256: d4510f0c8383ad5e7c52e54a9618940ae67a23c4f761e351af49d7dc2da8ebeb

Source location: Title 8, Chapter 12, § 1286; chapter-012-immigration-and-nationality.md

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It shall be unlawful for any person, including the owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft, to pay off or discharge any alien crewman, except an alien lawfully admitted for permanent residence, employed on board a vessel or aircraft arriving in the United States without first having obtained the consent of the Attorney General. If it shall appear to the satisfaction of the Attorney General that any alien crewman has been paid off or discharged in the United States in violation of the provisions of this section, such owner, agent, consignee, charterer, master, commanding officer, or other person, shall pay to the Commissioner the sum of $3,000 for each such violation. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Such fine may, in the discretion of the Attorney General, be mitigated to not less than $1,500 for each violation, upon such terms as he shall think proper.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1221 — Lists of alien and citizen passengers arriving and departing

**(a) Arrival manifests** For each commercial vessel or aircraft transporting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide to any United States border officer (as defined in subsection (i)) at that port manifest information about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port. **(b) Departure manifests** For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide any United States border officer (as defined in subsection (i)) before departure from such port manifest information about each passenger, crew member, and other occupant to be transported. **(c) Contents of manifest** The information to be provided with respect to each person listed on a manifest required to be provided under subsection (a) or (b) shall include— (1) complete name; (2) date of birth; (3) citizenship; (4) sex; (5) passport number and country of issuance; (6) country of residence; (7) United States visa number, date, and place of issuance, where applicable; (8) alien registration number, where applicable; (9) United States address while in the United States; and (10) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security. **(d) Appropriate officials

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 450 — Restrictions on use of American ports

**(a) Bond to insure non-delivery of men, ammunition, fuel, etc.** Whenever, during any war in which the United States is neutral, the President, or any person thereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port or from the jurisdiction of the United States, fuel, men, arms, ammunition, implements of war, supplies, dispatches, or information to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of [section 441(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section441/a&num=0&edition=prelim), but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by [section 967 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section967&num=0&edition=prelim), and if, in the President’s judgment, such action will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security or neutrality of the United States, he shall have the power, and it shall be his duty, to require the owner, master, or person in command thereof, before departing from a port or from the jurisdiction of the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or any fuel, supplies, dispatches, information, or any part of the cargo, to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of [section 441(a) of this title](https://uscode.house.gov/view.xhtml?req=granule

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1286 — Discharge of alien crewmen; penalties

Page 385 TITLE 8—ALIENS AND NATIONALITY § 1286 (June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221; Pub. L. 101–649, title V, § 543(a)(4), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 102–232, title III, § 306(c)(4)(C), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(1)(I), (2)(F), (12), Sept. 30, 1996, 110 Stat. 3009–619, 3009–620.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208 substituted ‘‘remove’’ for ‘‘de- port’’ in subsecs. (a) and (b), ‘‘removal’’ for ‘‘deporta- tion’’ wherever appearing in subsecs. (a) and (c), and ‘‘removed’’ for ‘‘deported’’ in subsec. (c). 1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘Com- missioner’’ for ‘‘collector of customs’’ before period at end of penultimate sentence. 1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘Com- missioner the sum of $3,000’’ for ‘‘collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the or- ders of the officer occurs the sum of $1,000’’ and ‘‘$500’’ for ‘‘$200’’. Statutory Notes and Related Subsidiaries 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 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 Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out

Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1286

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