8 U.S.C. § 1286 — Discharge of alien crewmen; penalties

Page 385 TITLE 8—ALIENS AND NATIONALITY § 1286 (June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221; Pub. L. 101–649, title V, § 543(a)(4), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 102–232, title III, § 306(c)(4)(C), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(1)(I), (2)(F), (12), Sept. 30, 1996, 110 Stat. 3009–619, 3009–620.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208 substituted ‘‘remove’’ for ‘‘de- port’’ in subsecs. (a) and (b), ‘‘removal’’ for ‘‘deporta- tion’’ wherever appearing in subsecs. (a) and (c), and ‘‘removed’’ for ‘‘deported’’ in subsec. (c). 1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘Com- missioner’’ for ‘‘collector of customs’’ before period at end of penultimate sentence. 1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘Com- missioner the sum of $3,000’’ for ‘‘collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the or- ders of the officer occurs the sum of $1,000’’ and ‘‘$500’’ for ‘‘$200’’. 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 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 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. § 1285. Employment on passenger vessels of aliens afflicted with certain disabilities It shall be unlawful for any vessel or aircraft carrying passengers between a port of the United States and a port outside thereof to have employed on board upon arrival in the United States any alien afflicted with feeble-minded- ness, insanity, epilepsy, tuberculosis in any form, leprosy, or any dangerous contagious dis- ease. If it appears to the satisfaction of the At- torney General, from an examination made by a medical officer of the United States Public Health Service, and is so certified by such offi- cer, that any such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel or aircraft and that the exist- ence of such affliction might have been detected by means of a competent medical examination at such time, the owner, commanding officer, agent, consignee, or master thereof shall pay for each alien so afflicted to the Commissioner the sum of $1,000. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the de- posit of an amount sufficient to cover such sums or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Any such fine may, in the discretion of the At- torney General, be mitigated or remitted. (June 27, 1952, ch. 477, title II, ch. 6, § 255, 66 Stat. 222; Pub. L. 101–649, title V, § 543(a)(5), Nov. 29, 1990, 104 Stat. 5058.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649 substituted ‘‘Commissioner the sum of $1,000’’ for ‘‘collector of customs of the customs district in which the port of arrival is located the sum of $50’’ in second sentence, and ‘‘Commissioner’’ for ‘‘collector of customs’’ in third sentence. Statutory Notes and Related Subsidiaries 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. § 1286. Discharge of alien crewmen; penalties It shall be unlawful for any person, including the owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft, to pay off or discharge any alien crewman, ex- cept an alien lawfully admitted for permanent residence, employed on board a vessel or aircraft arriving in the United States without first hav- ing obtained the consent of the Attorney Gen- eral. If it shall appear to the satisfaction of the Attorney General that any alien crewman has been paid off or discharged in the United States in violation of the provisions of this section, such owner, agent, consignee, charterer, master, commanding officer, or other person, shall pay to the Commissioner the sum of $3,000 for each such violation. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the de- posit of an amount sufficient to cover such sums, or of a bond approved by the Commis- sioner with sufficient surety to secure the pay- ment thereof. Such fine may, in the discretion of the Attorney General, be mitigated to not less than $1,500 for each violation, upon such terms as he shall think proper. (June 27, 1952, ch. 477, title II, ch. 6, § 256, 66 Stat. 223; Pub. L. 101–649, title V, § 543(a)(6), Nov. 29, 1990, 104 Stat. 5058.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649 substituted ‘‘Commissioner the sum of $3,000’’ for ‘‘collector of customs of the customs Page 386 TITLE 8—ALIENS AND NATIONALITY § 1287 district in which the violation occurred the sum of $1,000’’ in second sentence, ‘‘Commissioner’’ for ‘‘col- lector of customs’’ in third sentence, and ‘‘$1,500’’ for ‘‘$500’’ in fourth sentence. Statutory Notes and Related Subsidiaries 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. § 1287. Alien crewmen brought into the United States with intent to evade immigration laws; penalties Any person, including the owner, agent, con- signee, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof, who shall know- ingly sign on the vessel’s articles, or bring to the United States as one of the crew of such ves- sel or aircraft, any alien, with intent to permit or assist such alien to enter or land in the United States in violation of law, or who shall falsely and knowingly represent to a consular officer at the time of application for visa, or to the immigration officer at the port of arrival in the United States, that such alien is a bona fide member of the crew employed in any capacity regularly required for normal operation and services aboard such vessel or aircraft, shall be liable to a penalty not exceeding $10,000 for each such violation, for which sum such vessel or air- craft shall be liable and may be seized and pro- ceeded against by way of libel in any district court of the United States having jurisdiction of the offense. (June 27, 1952, ch. 477, title II, ch. 6, § 257, 66 Stat. 223; Pub. L. 101–649, title V, § 543(a)(7), Nov. 29, 1990, 104 Stat. 5058.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649 substituted ‘‘$10,000’’ for ‘‘$5,000’’. Statutory Notes and Related Subsidiaries 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. § 1288. Limitations on performance of longshore work by alien crewmen (a) In general For purposes of section 1101(a)(15)(D)(i) of this title, 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 para- graph (2), the term ‘‘longshore work’’ means any activity relating to the loading or unload- ing of cargo, the operation of cargo-related equipment (whether or not integral to the ves- sel), 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 there- of. (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, 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 dis- charge 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 or scope of longshore work for purposes of any other law, collective bar- gaining agreement, or international agree- ment. (c) Prevailing practice exception (1) Subsection (a) shall not apply to a par- ticular activity of longshore work in and about a local port if— (A)(i) there is in effect in the local port one or more collective bargaining agreements each covering at least 30 percent of the number of individuals employed in performing longshore work and (ii) each such agreement (covering such percentage of longshore workers) permits the activity to be performed by alien crewmen under the terms of such agreement; or (B) there is no collective bargaining agree- ment in effect in the local port covering at least 30 percent of the number of individuals employed in performing longshore work, and an employer of alien crewmen (or the employ- er’s designated agent or representative) has filed with the Secretary of Labor at least 14 days before the date of performance of the ac- tivity (or later, if necessary due to an unan- ticipated emergency, but not later than the date of performance of the activity) an attes- tation setting forth facts and evidence to show that— (i) the performance of the activity by alien crewmen is permitted under the prevailing practice of the particular port as of the date