8 U.S.C. § 1324 — Bringing in and harboring certain aliens

Page 396 TITLE 8—ALIENS AND NATIONALITY § 1324 Subsec. (b). Pub. L. 104–208, § 671(b)(7), made technical amendment to directory language of Pub. L. 103–416, § 209(a)(1). See 1994 Amendment note below. Pub. L. 104–208, § 671(b)(6), substituted ‘‘remains’’ for ‘‘remain’’. Subsec. (d). Pub. L. 104–208, § 371(b)(8), substituted ‘‘immigration judges’’ for ‘‘special inquiry officers’’. Pub. L. 104–208, § 308(e)(13), struck out subsec. (d) which read as follows: ‘‘The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stow- away arrived or on another vessel or aircraft at the ex- pense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration offi- cer, shall pay to the Commissioner a fine of $3,000 for each alien stowaway, in respect of whom any such fail- ure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the pay- ment thereof approved by the Commissioner. The pro- visions of section 1225 of this title for detention of aliens for examination before immigration judges and the right of appeal provided for in section 1226 of this title shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treat- ment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or re- moval or deportation of such alien from the United States.’’ 1994—Subsec. (b). Pub. L. 103–416, § 219(p), in first sen- tence substituted ‘‘Commissioner’’ for ‘‘collector of customs’’ before ‘‘to the alien’’. Pub. L. 103–416, § 209(a)(1), as amended by Pub. L. 104–208, § 671(b)(7), substituted ‘‘a fine of $3,000’’ for ‘‘the sum of $3,000’’. Pub. L. 103–416, § 209(a)(2), (4), in first sentence sub- stituted ‘‘an amount equal to’’ for ‘‘a sum equal to’’ and ‘‘such latter fine’’ for ‘‘such latter sum’’, and in second sentence substituted ‘‘such fine or while such fine’’ for ‘‘such sums or while such sums’’ and ‘‘cover such fine’’ for ‘‘cover such sums’’. Subsec. (c). Pub. L. 103–416, § 209(a)(4), (5), substituted ‘‘Except as provided in subsection (e), such fine’’ for ‘‘Such sums’’. Subsec. (d). Pub. L. 103–416, § 216, amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘The owner, charterer, agent, con- signee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside thereof who fails to detain on board or at such other place as may be designated by an immigration of- ficer any alien stowaway until such stowaway has been inspected by an immigration officer, or who fails to de- tain such stowaway on board or at such other des- ignated place after inspection if ordered to do so by an immigration officer, or who fails to deport such stow- away on the vessel or aircraft on which he arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which he arrived when required to do so by an immigration officer, shall pay to the Commis- sioner the sum of $3,000 for each alien stowaway, in re- spect of whom any such failure occurs.’’ Pub. L. 103–416, § 209(a)(1), which directed that subsec. (d) be amended by substituting ‘‘a fine of $3,000’’ for ‘‘the sum of $3000’’, was executed in the first sentence by making the substitution for ‘‘the sum of $3,000’’, to reflect the probable intent of Congress. Pub. L. 103–416, § 209(a)(3), in second sentence sub- stituted ‘‘an amount’’ for ‘‘a sum’’ before ‘‘sufficient to cover such fine’’. Subsec. (e). Pub. L. 103–416, § 209(a)(6), added subsec. (e). 1991—Subsec. (b). Pub. L. 102–232 substituted ‘‘Com- missioner’’ for ‘‘collector of customs’’ before period at end of second sentence. 1990—Subsec. (a). Pub. L. 101–649, § 201(b)(1), inserted ‘‘a valid passport and’’ before ‘‘an unexpired visa’’. Subsec. (b). Pub. L. 101–649, § 543(a)(10)(A), substituted ‘‘Commissioner the sum of $3,000’’ for ‘‘collector of cus- toms of the customs district in which the port of ar- rival is located the sum of $1,000’’. Subsec. (c). Pub. L. 101–649, § 201(b)(2), inserted ‘‘valid passport or’’ before ‘‘visa was required’’. Subsec. (d). Pub. L. 101–649, § 543(a)(10)(B), substituted ‘‘Commissioner the sum of $3,000’’ for ‘‘collector of cus- toms of the customs district in which the port of ar- rival is located the sum of $1,000’’ in first sentence and ‘‘Commissioner’’ for ‘‘collector of customs’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 ef- fective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immi- gration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 209(b), Oct. 25, 1994, 108 Stat. 4312, as amended by Pub. L. 104–208, div. C, title VI, § 671(b)(8), Sept. 30, 1996, 110 Stat. 3009–722, provided that: ‘‘The amendments made by this section [amend- ing this section] shall apply with respect to aliens brought to the United States more than 60 days after the date of enactment of this Act [Oct. 25, 1994].’’ Amendment by section 219(p) of Pub. L. 103–416 effec- tive 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 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 section 543(a)(10) 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. 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. § 1324. Bringing in and harboring certain aliens (a) Criminal penalties (1)(A) Any person who— (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commis- sioner, regardless of whether such alien has re- ceived prior official authorization to come to, enter, or reside in the United States and re- Page 397 TITLE 8—ALIENS AND NATIONALITY § 1324 1 So in original. Probably should be ‘‘clause’’. gardless of any future official action which may be taken with respect to such alien; (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or re- mains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or re- mains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from de- tection, such alien in any place, including any building or any means of transportation; (iv) encourages or induces an alien to come to, enter, or reside in the United States, know- ing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or (v)(I) engages in any conspiracy to commit any of the preceding acts, or (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). (B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commer- cial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both; (ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both; (iii) in the case of a violation of subpara- graph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and (iv) in the case of a violation of subpara- graph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both. (C) It is not a violation of clauses 1 (ii) or (iii) of subparagraph (A), or of clause (iv) of subpara- graph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encour- age, invite, call, allow, or enable an alien who is present in the United States to perform the vo- cation of a minister or missionary for the de- nomination or organization in the United States as a volunteer who is not compensated as an em- ployee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomina- tion for at least one year. (2) Any person who, knowing or in reckless disregard of the fact that an alien has not re- ceived prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs— (A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or (B) in the case of— (i) an offense committed with the intent or with reason to believe that the alien unlaw- fully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year, (ii) an offense done for the purpose of com- mercial advantage or private financial gain, or (iii) an offense in which the alien is not upon arrival immediately brought and pre- sented to an appropriate immigration officer at a designated port of entry, be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other vio- lation, not less than 5 nor more than 15 years. (3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both. (B) An alien described in this subparagraph is an alien who— (i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and (ii) has been brought into the United States in violation of this subsection. (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— (A) the offense was part of an ongoing com- mercial organization or enterprise; (B) aliens were transported in groups of 10 or more; and (C)(i) aliens were transported in a manner that endangered their lives; or (ii) the aliens presented a life-threatening health risk to people in the United States. (b) Seizure and forfeiture (1) In general Any conveyance, including any vessel, vehi- cle, or aircraft, that has been or is being used in the commission of a violation of subsection (a), the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to for- feiture. Page 398 TITLE 8—ALIENS AND NATIONALITY § 1324 (2) Applicable procedures Seizures and forfeitures under this sub- section shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeit- ures, including section 981(d) of such title, ex- cept that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be per- formed by such officers, agents, and other per- sons as may be designated for that purpose by the Attorney General. (3) Prima facie evidence in determinations of violations In determining whether a violation of sub- section (a) has occurred, any of the following shall be prima facie evidence that an alien in- volved in the alleged violation had not re- ceived prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law: (A) Records of any judicial or administra- tive proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, en- tered, or remained in the United States in violation of law. (C) Testimony, by an immigration officer having personal knowledge of the facts con- cerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, en- tered, or remained in the United States in violation of law. (c) Authority to arrest No officer or person shall have authority to make any arrests for a violation of any provi- sion of this section except officers and employ- ees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws. (d) Admissibility of videotaped witness testi- mony Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been de- ported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence. (e) Outreach program The Secretary of Homeland Security, in con- sultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section. (June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228; Pub. L. 95–582, § 2, Nov. 2, 1978, 92 Stat. 2479; Pub. L. 97–116, § 12, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title I, § 112, Nov. 6, 1986, 100 Stat. 3381; Pub. L. 100–525, § 2(d), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 103–322, title VI, § 60024, Sept. 13, 1994, 108 Stat. 1981; Pub. L. 104–208, div. C, title II, §§ 203(a)–(d), 219, title VI, § 671(a)(1), Sept. 30, 1996, 110 Stat. 3009–565, 3009–566, 3009–574, 3009–720; Pub. L. 106–185, § 18(a), Apr. 25, 2000, 114 Stat. 222; Pub. L. 108–458, title V, § 5401, Dec. 17, 2004, 118 Stat. 3737; Pub. L. 109–97, title VII, § 796, Nov. 10, 2005, 119 Stat. 2165.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2005—Subsec. (a)(1)(C). Pub. L. 109–97 added subpar. (C). 2004—Subsec. (a)(4). Pub. L. 108–458, § 5401(a), added par. (4). Subsec. (e). Pub. L. 108–458, § 5401(b), added subsec. (e). 2000—Subsec. (b). Pub. L. 106–185 inserted heading and amended text of subsec. (b) generally, substituting present provisions for provisions relating to convey- ances subject to seizure and forfeiture, exceptions, offi- cers and authorized persons, disposition of forfeited conveyances, and suits and actions. 1996—Subsec. (a)(1). Pub. L. 104–208, § 671(a)(1), made technical amendment to directory language of Pub. L. 103–322, § 60024(1)(F). See 1994 Amendment note below. Subsec. (a)(1)(A)(v). Pub. L. 104–208, § 203(b)(1), which directed the amendment of subsec. (a)(1)(A) by adding cl. (v) at end, was executed by adding cl. (v) after cl. (iv), to reflect the probable intent of Congress. Subsec. (a)(1)(B)(i). Pub. L. 104–208, § 203(a), (b)(2)(A), inserted ‘‘or (v)(I) or in the case of a violation of sub- paragraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or pri- vate financial gain’’ after ‘‘subparagraph (A)(i)’’. Subsec. (a)(1)(B)(ii). Pub. L. 104–208, § 203(b)(2)(B), sub- stituted ‘‘(iv), or (v)(II)’’ for ‘‘or (iv)’’. Subsec. (a)(1)(B)(iii), (iv). Pub. L. 104–208, § 203(b)(2)(C), (D), substituted ‘‘(iv), or (v)’’ for ‘‘or (iv)’’. Subsec. (a)(2). Pub. L. 104–208, § 203(d), substituted ‘‘for each alien in respect to whom a violation of this paragraph occurs’’ for ‘‘for each transaction consti- tuting a violation of this paragraph, regardless of the number of aliens involved’’ in introductory provisions. Subsec. (a)(2)(B). Pub. L. 104–208, § 203(b)(3), in con- cluding provisions, substituted ‘‘be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of sub- paragraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.’’ for ‘‘be fined in accordance with title 18 or in the case of a violation of subpara- graph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both..’’ Subsec. (a)(2)(B)(i). Pub. L. 104–208, § 203(c), amended cl. (i) generally. Prior to amendment, cl. (i) read as fol- lows: ‘‘a second or subsequent offense,’’. Subsec. (a)(3). Pub. L. 104–208, § 203(b)(4), added par. (3). Subsec. (d). Pub. L. 104–208, § 219, added subsec. (d). Page 399 TITLE 8—ALIENS AND NATIONALITY § 1324 1994—Subsec. (a)(1). Pub. L. 103–322, § 60024(1)(F), as amended by Pub. L. 104–208, § 671(a)(1), substituted ‘‘shall be punished as provided in subparagraph (B)’’ for ‘‘shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both, for each alien in respect to whom any violation of this paragraph occurs’’ in concluding provisions. Pub. L. 103–322, § 60024(1)(A)–(E), (G), designated exist- ing provisions of par. (1) as subpar. (A) of par. (1), redes- ignated subpars. (A) to (D) of former par. (1) as cls. (i) to (iv), respectively, of subpar. (A), and added subpar. (B). Subsec. (a)(2)(B). Pub. L. 103–322, § 60024(2), in con- cluding provisions, substituted ‘‘or in the case of a vio- lation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both.’’ for ‘‘or imprisoned not more than five years, or both’’. 1988—Subsec. (a)(1). Pub. L. 100–525, § 2(d)(1), in clos- ing provisions substituted ‘‘or imprisoned’’ for ‘‘impris- oned’’ and ‘‘this paragraph’’ for ‘‘this subsection’’. Subsec. (b)(4)(C), (5). Pub. L. 100–525, § 2(d)(2), amended Pub. L. 99–603, § 112(b)(5), (8). See 1986 Amendment note below. 1986—Subsec. (a). Pub. L. 99–603, § 112(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Any person, including the owner, operator, pilot, master, commanding officer, agent, or consignee of any means of transportation who— ‘‘(1) brings into or lands in the United States, by any means of transportation or otherwise, or at- tempts, by himself or through another, to bring into or land in the United States, by any means of trans- portation or otherwise; ‘‘(2) knowing that he is in the United States in vio- lation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto, transports, or moves, or attempts to transport or move, within the United States by means of transpor- tation or otherwise, in furtherance of such violation of law; ‘‘(3) willfully or knowingly conceals, harbors, or shields from detection, or attempts to conceal, har- bor, or shield from detection, in any place, including any building or any means of transportation; or ‘‘(4) willfully or knowingly encourages or induces, or attempts to encourage or induce, either directly or indirectly, the entry into the United States of— any alien, including an alien crewman, not duly admit- ted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding five years, or both, for each alien in respect to whom any violation of this subsection oc- curs: Provided, however, That for the purposes of this section, employment (including the usual and normal practices incident to employment) shall not be deemed to constitute harboring.’’ Subsec. (b)(1). Pub. L. 99–603, § 112(b)(1), (2), sub- stituted ‘‘has been or is being used’’ for ‘‘is used’’ and ‘‘seized and subject to’’ for ‘‘subject to seizure and’’ in provisions preceding subpar. (A). Subsec. (b)(2). Pub. L. 99–603, § 112(b)(3), inserted ‘‘or is being’’ after ‘‘has been’’. Subsec. (b)(3). Pub. L. 99–603, § 112(b)(4), substituted ‘‘property’’ for ‘‘conveyances’’. Subsec. (b)(4)(C). Pub. L. 99–603, § 112(b)(5), as amended by Pub. L. 100–525, § 2(d)(2)(A), inserted ‘‘, or the Mari- time Administration if appropriate under section 484(i) of title 40,’’. Subsec. (b)(4)(D). Pub. L. 99–603, § 112(b)(6), added sub- par. (D). Subsec. (b)(5). Pub. L. 99–603, § 112(b)(7)–(9), as amend- ed by Pub. L. 100–525, § 2(d)(2)(B), substituted ‘‘, except that’’ for ‘‘: Provided, That’’ in provisions preceding subpar. (A), substituted ‘‘had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or re- mained in the United States in violation of law’’ for ‘‘was not lawfully entitled to enter, or reside within, the United States’’ wherever appearing, inserted ‘‘or of the Department of State’’ in subpar. (B), and sub- stituted ‘‘had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law’’ for ‘‘was not entitled to enter, or reside within, the United States’’ in subpar. (C). 1981—Subsec. (b). Pub. L. 97–116 strengthened the sei- zure and forfeiture authority by striking out the ‘‘inno- cent owner’’ exemption and merely requiring the Gov- ernment to show probable cause that the conveyance seized has been used to illegally transport aliens, which when demonstrated, shifts the burden of proof to the owner or claimant to show by a preponderance of the evidence that the conveyance was not illegally used, by relieving the Government of the obligation to pay any administrative and incidental costs incurred by a suc- cessful claimant provided probable cause for the origi- nal seizure was demonstrated, and by striking out the requirement that the Government satisfy any valid lien or third party interest in the conveyance without ex- pense to the interest holder by providing the lienholders interest be satisfied only after costs associ- ated with the seizure have been deducted. 1978—Subsecs. (b), (c). Pub. L. 95–582 added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–185, § 21, Apr. 25, 2000, 114 Stat. 225, pro- vided that: ‘‘Except as provided in section 14(c) [set out as an Effective Date note under section 2466 of title 28, Judiciary and Judicial Procedure], this Act [see Short Title of 2000 Amendment note set out under section 981 of Title 18, Crimes and Criminal Procedure] and the amendments made by this Act shall apply to any for- feiture proceeding commenced on or after the date that is 120 days after the date of the enactment of this Act [Apr. 25, 2000].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title II, § 203(f), Sept. 30, 1996, 110 Stat. 3009–567, provided that: ‘‘This section [amend- ing this section and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judi- cial Procedure] and the amendments made by this sec- tion shall apply with respect to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].’’ Amendment by section 671(a)(1) of Pub. L. 104–208 ef- fective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 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. Page 400 TITLE 8—ALIENS AND NATIONALITY § 1324a § 1324a. Unlawful employment of aliens (a) Making employment of unauthorized aliens unlawful (1) In general It is unlawful for a person or other entity— (A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or (B)(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural asso- ciation, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an in- dividual without complying with the re- quirements of subsection (b). (2) Continuing employment It is unlawful for a person or other entity, after hiring an alien for employment in ac- cordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment. (3) Defense A person or entity that establishes that it has complied in good faith with the require- ments of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has estab- lished an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or re- ferral. (4) Use of labor through contract For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or ex- tended after November 6, 1986, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as de- fined in subsection (h)(3)) with respect to per- forming such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A). (5) Use of State employment agency docu- mentation For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have com- plied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attor- ney General), if the person or entity has and retains (for the period and in the manner de- scribed in subsection (b)(3)) appropriate docu- mentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual’s referral. (6) Treatment of documentation for certain em- ployees (A) In general For purposes of this section, if— (i) an individual is a member of a collec- tive-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more em- ployee organizations and an association of two or more employers, by an employer that is a member of such association, and (ii) within the period specified in sub- paragraph (B), another employer that is a member of the association (or an agent of such association on behalf of the em- ployer) has complied with the require- ments of subsection (b) with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of sub- section (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5). (B) Period The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States. (C) Liability (i) In general If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of sub- section (b) and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the indi- vidual was an alien not authorized to work in the United States. (ii) Rebuttal of presumption The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and con- vincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not au- thorized to work in the United States. (iii) Exception Clause (i) shall not apply in any prosecu- tion under subsection (f)(1). (7) Application to Federal Government For purposes of this section, the term ‘‘enti- ty’’ includes an entity in any branch of the Federal Government. (b) Employment verification system The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or re- ferring an individual for employment in the United States, the requirements specified in the following three paragraphs: (1) Attestation after examination of docu- mentation (A) In general The person or entity must attest, under penalty of perjury and on a form designated