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8 U.S.C. § 1322 — Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person who shall bring to the United States an alien (other than an alien crewman) who is inadmissible under [section 1182(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/1&num=0&edition=prelim) shall pay to the Commissioner for each and every alien so afflicted the sum of $3,000 unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attorney General that the existence of the condition causing inadmissibility could not have been detected by the exercise of due diligence prior to the alien’s embarkation.
**(b)** No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient
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Source file: Laws/federal/codes/united-states-code/title-8/section-1322-bringing-in-aliens-subject-to-denial-of-admission-on-a-health-related-gr--33ccf1be03.md
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Source location: Title 8, Chapter 12, § 1322; chapter-012-immigration-and-nationality.md
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**(a)** Any person who shall bring to the United States an alien (other than an alien crewman) who is inadmissible under [section 1182(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/1&num=0&edition=prelim) shall pay to the Commissioner for each and every alien so afflicted the sum of $3,000 unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attorney General that the existence of the condition causing inadmissibility could not have been detected by the exercise of due diligence prior to the alien’s embarkation.
**(b)** No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by the Commissioner.
**(c)** Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in the United States aliens who are entitled by law to exemption from the provisions of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim).
**(d)** As used in this section, the term “person” means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to—
(1) family-sponsored immigrants described in [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;
(2) employment-based immigrants described in [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarte
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Sections 137b to 137d, act Mar. 17, 1932, ch. 85, §§ 1–3, 47 Stat. 67, related to alien musicians. See [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim).
Section 138, act Feb. 5, 1917, ch. 29, § 4, 39 Stat. 878, related to importation of aliens for immoral purposes. See sections 1326, 1328 and 1329 of this title.
Section 139, act Feb. 5, 1917, ch. 29, § 5, 39 Stat. 879, related to contract laborers. See [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1330&num=0&edition=prelim).
Section 140, acts Oct. 19, 1888, ch. 1210, § 1, 25 Stat. 566; Apr. 28, 1904, Pub. R. 33, 33 Stat. 591; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737, related to rewards to informer.
Section 141, act Feb. 26, 1885, ch. 164, § 2, 23 Stat. 332, related to validity of contracts for labor of aliens made before importation.
Section 142, act Feb. 5, 1917, ch. 29, § 6, 39 Stat. 879, related to advertisement of employment. See [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1330&num=0&edition=prelim).
Section 143, act Feb. 5, 1917, ch. 29, § 7, 39 Stat. 879, related to solicitation of immigration by transportation companies. See [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1330&num=0&edition=prelim).
Section 144, acts Feb. 5, 1917, ch. 29, § 8, 39 Stat. 880; Mar. 20, 1952, ch. 108, § 1, 66 Stat. 26, related to bringing in or harboring certain aliens. See [section 1324(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324/a&num=0&edition=prelim).
Section 145, acts Feb. 5, 1917, ch. 29, §
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 137b to 173
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Federal law — U.S. Code and appendices · legal_authorities
Page 394
TITLE 8—ALIENS AND NATIONALITY
§ 1322
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.
§ 1322. Bringing in aliens subject to denial of ad-
mission on a health-related ground; persons
liable; clearance papers; exceptions; ‘‘person’’
defined
(a) Any person who shall bring to the United
States an alien (other than an alien crewman)
who is inadmissible under section 1182(a)(1) of
this title shall pay to the Commissioner for each
and every alien so afflicted the sum of $3,000 un-
less (1) the alien was in possession of a valid, un-
expired immigrant visa, or (2) the alien was al-
lowed to land in the United States, or (3) the
alien was in possession of a valid unexpired non-
immigrant visa or other document authorizing
such alien to apply for temporary admission to
the United States or an unexpired reentry per-
mit issued to him, and (A) such application was
made within one hundred and twenty days of the
date of issuance of the visa or other document,
or in the case of an alien in possession of a re-
entry permit, within one hundred and twenty
days of the date on which the alien was last ex-
amined and admitted by the Service, or (B) in
the event the application was made later than
one hundred and twenty days of the date of
issuance of the visa or other document or such
examination and admission, if such person es-
tablishes to the satisfaction of
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1322
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