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8 U.S.C. § 1321 — Prevention of unauthorized landing of aliens

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

8 U.S.C. § 1321 — Prevention of unauthorized landing of aliens

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Source file: Laws/federal/codes/united-states-code/title-8/section-1321-prevention-of-unauthorized-landing-of-aliens--14a5628731.md
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Source location: Title 8, Chapter 12, § 1321; chapter-012-immigration-and-nationality.md

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**(a) Failure to report; penalties** It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in [section 1223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1223&num=0&edition=prelim), bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crewman whose case is not covered by [section 1284(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1284/a&num=0&edition=prelim)) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed by the Attorney General of $3,000 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accordance with such proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the appropriate United States court. **(b) Prima facie evidence** Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers. **(c) Liability of owners and operators of international bridges and toll roads** (1) Any owner or operator of a railroad line, international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and reasonably to fulfill the duty imposed by subsection (a) shall not be liable for the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien. (2) (A) At the request of any person described in paragraph (1), the Attorney General shall inspect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of complying with subsection (a). The Attorney General shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General determines is satisfactory for such purpose. (B) Proof that any person described in paragraph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is effective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) (within the meaning of paragraph (1) of this subsection).

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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

8 U.S.C. § 1101 — Definitions

**(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

8 U.S.C. § 1223 — Entry through or from foreign territory and adjacent islands

**(a) Necessity of transportation contract** The Attorney General shall have power to enter into contracts with transportation lines for the inspection and admission of aliens coming to the United States from foreign territory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General. **(b) Landing stations** Every transportation line engaged in carrying alien passengers for hire to the United States from foreign territory or from adjacent islands shall provide and maintain at its expense suitable landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General. **(c) Landing agreements** The Attorney General shall have power to enter into contracts including bonding agreements with transportation lines to guarantee the passage through the United States in immediate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim). **(d) Definitions** As used in this section the terms “transportation line” and “transportation company” include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any vessel or aircraft or railroad train bringing aliens to the United States,

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

18 U.S.C. § 1028A — Aggravated identity theft

**(a) Offenses.—** (1) **In general.—** — Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. (2) **Terrorism offense.—** — Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. **(b) Consecutive Sentence.—** Notwithstanding any other provision of law— (1) a court shall not place on probation any person convicted of a violation of this section; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; (3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part,

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1028A

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

8 U.S.C. § 137b to 173 — Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(2), (3), (5), (13), (18), (19), (23), (31), (32), (47), 66 Stat. 279, 280, eff. Dec. 24, 1952

### 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

8 U.S.C. § 1321 — Prevention of unauthorized landing of

Page 393 TITLE 8—ALIENS AND NATIONALITY § 1321 tion containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be removed in the manner provided in part IV of this subchapter. (d) Counterfeiting Any person who with unlawful intent photo- graphs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration re- ceipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the At- torney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both. (June 27, 1952, ch. 477, title II, ch. 7, § 266, 66 Stat. 225; Pub. L. 104–208, div. C, title III, § 308(e)(2)(G), (g)(9)(A), Sept. 30, 1996, 110 Stat. 3009–620, 3009–624.) Editorial Notes AMENDMENTS 1996—Subsecs. (b), (c). Pub. L. 104–208 substituted ‘‘re- moved’’ for ‘‘deported’’ and ‘‘part IV’’ for ‘‘Part V’’. 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolit

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