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8 U.S.C. § 1323 — Unlawful bringing of aliens into United States
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-8/section-1323-unlawful-bringing-of-aliens-into-united-states--47878975cf.md
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Source location: Title 8, Chapter 12, § 1323; chapter-012-immigration-and-nationality.md
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**(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), 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, § 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.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1221
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Arrest, detention, and release** On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General—
(1) may continue to detain the arrested alien; and
(2) may release the alien on—
(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization (including an “employment authorized” endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.
**(b) Revocation of bond or parole** The Attorney General at any time may revoke a bond or parole authorized under subsection (a), rearrest the alien under the original warrant, and detain the alien.
**(c) Detention of criminal aliens**
(1) **Custody** — The Attorney General shall take into custody any alien who—
(A) is inadmissible by reason of having committed any offense covered in [section 1182(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/2&num=0&edition=prelim),
(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
(C) is deportable under [section 1227(a)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/i&num=0&edition=prelim) on the basis of an offense for which the alien has been sentence 11 So in original. Probably should be “sentenced”. to a te
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1226
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inspection**
(1) **Aliens treated as applicants for admission** — An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.
(2) **Stowaways** — An arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under [section 1158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim) or a fear of persecution, the officer shall refer the alien for an interview under subsection (b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an applicant for admission or eligible for a hearing under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim).
(3) **Inspection** — All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers.
(4) **Withdrawal of application for admission** — An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States.
(5) **Statements** — An applicant fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1225
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of program** The Secretary of Homeland Security and the Secretary of State are authorized to establish a program (hereinafter in this section referred to as the “program”) under which the requirement of paragraph (7)(B)(i)(II) of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) may be waived by the Secretary of Homeland Security, in consultation with the Secretary of State and in accordance with this section, in the case of an alien who meets the following requirements:
(1) **Seeking entry as tourist for 90 days or less** — The alien is applying for admission during the program as a nonimmigrant visitor (described in [section 1101(a)(15)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/B&num=0&edition=prelim)) for a period not exceeding 90 days.
(2) **National of program country** — The alien is a national of, and presents a passport issued by, a country which—
(A) extends (or agrees to extend), either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions, reciprocal privileges to citizens and nationals of the United States, and
(B) is designated as a pilot program country under subsection (c).
(3) **Passport requirements** — The alien, at the time of application for admission, is in possession of a valid unexpired passport that satisfies the following:
(A) *Machine readable* — The passport is a machine-readable passport that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1187
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Federal law — U.S. Code and appendices · legal_authorities
Page 395
TITLE 8—ALIENS AND NATIONALITY
§ 1323
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 1994 AMENDMENT
Amendment by 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
Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat.
1756, provided that the amendment made by section
307(l) is effective as if included in section 603(a) of the
Immigration Act of 1990, Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 543(a)(9) of Pub. L. 101–649 ap-
plicable 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.
Amendment by section 603(a)(15) of Pub. L. 101–649 ap-
plicable to individuals entering United States on or
after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89–236 effective, except as oth-
erwise provided, on first day of first month after expi-
ration of thirty days following date of enactment of
Pub. L. 89–236, which was approved on Oct. 3, 1965, see
section 20 of Pub. L. 89–236, set out as a note under sec-
tion 1151 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturali
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1323
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