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8 U.S.C. § 1281 — Alien crewmen
Federal law — U.S. Code and appendices · legal_authorities
**(a) Arrival; submission of list; exceptions** Upon arrival of any vessel or aircraft in the United States from any place outside the United States it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof to deliver to an immigration officer at the port of arrival (1) a complete, true, and correct list containing the names of all aliens employed on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively shipped or engaged, and those to be paid off or discharged in the port of arrival; or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
**(b) Reports of illegal landings** It shall be the duty of any owner, agent, consignee, master, or commanding officer of any vessel or aircraft to report to an immigration officer, in writing, as soon as discovered, all cases in which any alien crewman has illegally landed in the United States from the vessel or aircraft, together with a description of such alien and any information likely to lead to his apprehension.
**(c) Departure; submission of list; exceptions** Before the departure of any vessel or aircraft from any port in the United States, it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof, to deliver to an immigration officer at that port (1) a list containing the names of all alien employees who were not employed thereon at
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Source location: Title 8, Chapter 12, § 1281; chapter-012-immigration-and-nationality.md
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**(a) Arrival; submission of list; exceptions** Upon arrival of any vessel or aircraft in the United States from any place outside the United States it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof to deliver to an immigration officer at the port of arrival (1) a complete, true, and correct list containing the names of all aliens employed on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively shipped or engaged, and those to be paid off or discharged in the port of arrival; or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
**(b) Reports of illegal landings** It shall be the duty of any owner, agent, consignee, master, or commanding officer of any vessel or aircraft to report to an immigration officer, in writing, as soon as discovered, all cases in which any alien crewman has illegally landed in the United States from the vessel or aircraft, together with a description of such alien and any information likely to lead to his apprehension.
**(c) Departure; submission of list; exceptions** Before the departure of any vessel or aircraft from any port in the United States, it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof, to deliver to an immigration officer at that port (1) a list containing the names of all alien employees who were not employed thereon at the time of the arrival at that port but who will leave such port thereon at the time of the departure of such vessel or aircraft and the names of those, if any, who have been paid off or discharged, and of those, if any, who have deserted or landed at that port, or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
**(d) Violations** In case any owner, agent, consignee, master, or commanding officer shall fail to deliver complete, true, and correct lists or reports of aliens, or to report cases of desertion or landing, as required by subsections (a), (b), and (c), such owner, agent, consignee, master, or commanding officer, shall, if required by the Attorney General, pay to the Commissioner the sum of $200 for each alien concerning whom such lists are not delivered or such reports are not made as required in the preceding subsections. In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in [section 1101(a)(15)(D)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/D/i&num=0&edition=prelim) to perform longshore work not included in the normal operation and service on board the vessel under [section 1288 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1288&num=0&edition=prelim), the owner, agent, consignee, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel. No such vessel or aircraft shall be granted clearance from any port at which it arrives pending the determination of the question of the liability to the payment of such fine, and if such fine is imposed, while it remains unpaid. No such fine shall be remitted or refunded. Clearance may be granted prior to the determination of such question upon deposit of a bond or a sum sufficient to cover such fine.
**(e) Regulations** The Attorney General is authorized to prescribe by regulations the circumstances under which a vessel or aircraft shall be deemed to be arriving in, or departing from the United States or any port thereof within the meaning of any provision of this part.
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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)** 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** For purposes of [section 1101(a)(15)(D)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/D/i&num=0&edition=prelim), the term “normal operation and service on board a vessel” does not include any activity that is longshore work (as defined in subsection (b)), except as provided under subsection (c), (d), or (e).
**(b) “Longshore work” defined**
(1) **In general** — In this section, except as provided in paragraph (2), the term “longshore work” means any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go, in the United States or the coastal waters thereof.
(2) **Exception for safety and environmental protection** — The term “longshore work” does not include the loading or unloading of any cargo for which the Secretary of Transportation has, under the authority contained in chapter 37 of title 46 (relating to Carriage of Liquid Bulk Dangerous Cargoes), [section 1321 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim), section 4106 of the Oil Pollution Act of 1990, or section 5103(b), 5104, 5106, 5107, or 5110 of title 49 prescribed regulations which govern—
(A) the handling or stowage of such cargo,
(B) the manning of vessels and the duties, qualifications, and training of the officers and crew of vessels carrying such cargo, and
(C) the reduction or elimination of discharge during ballasting, tank cleaning, handling of such cargo.
(3) **Construction** — Nothing in this section shall be construed as broadening, limiting, or otherwise modifying the meaning o
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provisions of this subchapter, the withholding or denial of clearance of or a lien upon any vessel or aircraft provided for in section 1221, 1224, 1253(c)(2), 1281, 1283, 1284, 1285, 1286, 1321, 1322, or 1323 of this title shall not be regarded as the sole and exclusive means or remedy for the enforcement of payments of any fine, penalty or expenses imposed or incurred under such sections, but, in the discretion of the Attorney General, the amount thereof may be recovered by civil suit, in the name of the United States, from any person made liable under any of such sections.
**(b)**
(1) There is established in the general fund of the Treasury a separate account which shall be known as the “Immigration Enforcement Account”. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration Enforcement Account amounts described in paragraph (2) to remain available until expended.
(2) The amounts described in this paragraph are the following:
(A) The increase in penalties collected resulting from the amendments made by sections 203(b) and 543(a) of the Immigration Act of 1990.
(B) Civil penalties collected under sections 1229c(d), 1324c, 1324d, and 1325(b) of this title.
(3)
(A) The Secretary of the Treasury shall refund out of the Immigration Enforcement Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General for activities that enhance enforcement of provisions of this subchapter. Such activities include—
(i) the identification, investigation, apprehension, detention, and removal of criminal aliens;
(ii) the maintenance and updating of a system to identify and track criminal aliens, deportable aliens
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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, §
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Federal law — U.S. Code and appendices · legal_authorities
Page 382
TITLE 8—ALIENS AND NATIONALITY
§ 1281
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
Statutory Notes and Related Subsidiaries
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.
PART VI—SPECIAL PROVISIONS RELATING TO
ALIEN CREWMEN
§ 1281. Alien crewmen
(a) Arrival; submission of list; exceptions
Upon arrival of any vessel or aircraft in the
United States from any place outside the United
States it shall be the duty of the owner, agent,
consignee, master, or commanding officer there-
of to deliver to an immigration officer at the
port of arrival (1) a complete, true, and correct
list containing the names of all aliens employed
on such vessel or aircraft, the positions they re-
spectively hold in the crew of the vessel or air-
craft, when and where they were respectively
shipped or engaged, and those to be paid off or
discharged in the port of arrival; or (2) in the
discretion of the Attorney General, such a list
containing so much of such information, or such
additional or supplemental information, as the
Attorney General shall by regulations prescribe.
In the case of a vessel engaged solely in traffic
on the Great Lakes, Saint Lawrence River, and
connecting waterways, such lists shall be fur-
nished at such times as the Attorney General
may require.
(b) Reports of illegal landings
It shall be the duty of any owner, agent, con-
signee, master, or commanding offic
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