8 U.S.C. § 1322 — Bringing in aliens subject to denial of ad-

Page 394 TITLE 8—ALIENS AND NATIONALITY § 1322 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. § 1322. Bringing in aliens subject to denial of ad- mission on a health-related ground; persons liable; clearance papers; exceptions; ‘‘person’’ defined (a) Any person who shall bring to the United States an alien (other than an alien crewman) who is inadmissible under section 1182(a)(1) of this title shall pay to the Commissioner for each and every alien so afflicted the sum of $3,000 un- less (1) the alien was in possession of a valid, un- expired immigrant visa, or (2) the alien was al- lowed to land in the United States, or (3) the alien was in possession of a valid unexpired non- immigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry per- mit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a re- entry permit, within one hundred and twenty days of the date on which the alien was last ex- amined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person es- tablishes to the satisfaction of the Attorney General that the existence of the condition causing inadmissibility could not have been de- tected by the exercise of due diligence prior to the alien’s embarkation. (b) No vessel or aircraft shall be granted clear- ance papers pending determination of the ques- tion of liability to the payment of any fine under this section, or while the fines remain un- paid, nor shall such fines be remitted or re- funded; but clearance may be granted prior to the determination of such question upon the de- posit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by the Commis- sioner. (c) Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in the United States aliens who are entitled by law to exemption from the provisions of section 1182(a) of this title. (d) As used in this section, the term ‘‘person’’ means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft. (June 27, 1952, ch. 477, title II, ch. 8, § 272, 66 Stat. 226; Pub. L. 89–236, § 18, Oct. 3, 1965, 79 Stat. 920; Pub. L. 101–649, title V, § 543(a)(9), title VI, § 603(a)(15), Nov. 29, 1990, 104 Stat. 5058, 5083; Pub. L. 102–232, title III, § 307(l)(7), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 103–416, title II, § 219(o), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), (4)(I)(i), Sept. 30, 1996, 110 Stat. 3009–617, 3009–618.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208, § 308(d)(4)(I)(i)(I), amended sec- tion catchline. Subsec. (a). Pub. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II), substituted ‘‘inadmissible’’ for ‘‘excludable’’ and ‘‘con- dition causing inadmissibility’’ for ‘‘excluding condi- tion’’. Subsec. (c). Pub. L. 104–208, § 308(d)(4)(I)(i)(III), struck out ‘‘excluding’’ after ‘‘exemption from the’’. 1994—Subsec. (a). Pub. L. 103–416 struck out comma after ‘‘every alien so afflicted’’. 1991—Subsec. (a). Pub. L. 102–232 struck out comma before ‘‘shall pay’’. 1990—Pub. L. 101–649, § 603(a)(15)(D), substituted ‘‘ex- clusion on a health-related ground’’ for ‘‘disability or afflicted with disease’’ in section catchline. Subsec. (a). Pub. L. 101–649, § 603(a)(15)(A), substituted ‘‘excludable under section 1182(a)(1) of this title’’ for ‘‘(1) mentally retarded, (2) insane, (3) afflicted with psy- chopathic personality, or with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous con- tagious disease, or (6) a narcotic drug addict’’ and ‘‘the excluding condition’’ for ‘‘such disease or disability’’. Pub. L. 101–649, § 543(a)(9)(A), substituted ‘‘Commis- sioner’’ for ‘‘collector of customs of the customs dis- trict in which the place of arrival is located’’ and ‘‘$3,000’’ for ‘‘$1,000’’. Subsec. (b). Pub. L. 101–649, § 603(a)(15)(B), (C), redesig- nated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘Any person who shall bring to the United States an alien (other than an alien crew- man) afflicted with any mental defect other than those enumerated in subsection (a) of this section, or any physical defect of a nature which may affect his ability to earn a living, as provided in section 1182(a)(7) of this title, shall pay to the Commissioner for each and every alien so afflicted, the sum of $3,000, unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid un- expired nonimmigrant visa or other document author- izing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) such application was made with- in one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such person establishes to the satisfaction of the Attor- ney General that the existence of such disease or dis- ability could not have been detected by the exercise of due diligence prior to the alien’s embarkation.’’ Pub. L. 101–649, § 543(a)(9)(B), substituted ‘‘Commis- sioner’’ for ‘‘collector of customs of the customs dis- trict in which the place of arrival is located’’ and ‘‘$3,000’’ for ‘‘$250’’. Subsec. (c). Pub. L. 101–649, § 603(a)(15)(C), redesig- nated subsec. (d) as (c). Former subsec. (c) redesignated (b). Pub. L. 101–649, § 543(a)(9)(C), substituted ‘‘Commis- sioner’’ for ‘‘collector of customs’’. Subsecs. (d), (e). Pub. L. 101–649, § 603(a)(15)(C), redes- ignated subsec. (e) as (d). Former subsec. (d) redesig- nated (c). 1965—Subsec. (a). Pub. L. 89–236 substituted ‘‘men- tally retarded’’ for ‘‘feeble-minded’’, struck out ref- erences to epileptics and persons afflicted with tuber- culosis and leprosy, and inserted reference to persons afflicted with sexual deviation. 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 Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1323. Unlawful bringing of aliens into United States (a) Persons liable (1) It shall be unlawful for any person, includ- ing 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 ter- ritory) any alien who does not have a valid pass- port and an unexpired visa, if a visa was re- quired 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 Attor- ney 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 air- craft, 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 depar- ture, indicated in his ticket, to the port of ar- rival, 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 deter- mination of such question 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. (c) Remission or refund Except as provided in subsection (e), such fine shall not be remitted or refunded, unless it ap- pears to the satisfaction of the Attorney Gen- eral that such person, and the owner, master, commanding officer, agent, charterer, and con- signee of the vessel or aircraft, prior to the de- parture 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 pass- port 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, re- funded, 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 air- craft in accordance with procedures prescribed by the Attorney General, or (2) circumstances exist that the Attorney General determines would justify such reduc- tion, refund, or waiver. (June 27, 1952, ch. 477, title II, ch. 8, § 273, 66 Stat. 227; Pub. L. 101–649, title II, § 201(b), title V, § 543(a)(10), Nov. 29, 1990, 104 Stat. 5014, 5058; Pub. L. 102–232, title III, § 306(c)(4)(D), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103–416, title II, §§ 209(a), 216, 219(p), Oct. 25, 1994, 108 Stat. 4312, 4315, 4317; Pub. L. 104–208, div. C, title III, §§ 308(c)(3), (e)(13), 371(b)(8), title VI, § 671(b)(6), (7), Sept. 30, 1996, 110 Stat. 3009–616, 3009–620, 3009–645, 3009–722.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208, § 308(c)(3), des- ignated existing provisions as par. (1) and added par. (2).