8 U.S.C. § 1329 — Jurisdiction of district courts

Page 425 TITLE 8—ALIENS AND NATIONALITY § 1329 tion or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. § 1327. Aiding or assisting certain aliens to enter Any person who knowingly aids or assists any alien inadmissible under section 1182(a)(2) (inso- far as an alien inadmissible under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof) of this title to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be fined under title 18, or imprisoned not more than 10 years, or both. (June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat. 229; Pub. L. 100–690, title VII, § 7346(a), (c)(1), Nov. 18, 1988, 102 Stat. 4471; Pub. L. 101–649, title V, § 543(b)(4), title VI, § 603(a)(16), Nov. 29, 1990, 104 Stat. 5059, 5084; Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), Sept. 30, 1996, 110 Stat. 3009–617.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208 substituted ‘‘inadmissible’’ for ‘‘excludable’’ in two places. 1990—Pub. L. 101–649, § 603(a)(16), substituted ‘‘1182(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof)’’ for ‘‘1182(a)(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been con- victed of an aggravated felony), (27), (28), or (29)’’. Pub. L. 101–649, § 543(b)(4), substituted ‘‘shall be fined under title 18, or imprisoned not more than 10 years’’ for ‘‘shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years’’. 1988—Pub. L. 100–690 substituted ‘‘certain aliens’’ for ‘‘subversive alien’’ in section catchline and inserted ‘‘(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an ag- gravated felony),’’ after ‘‘1182(a)’’. 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 1990 AMENDMENT Amendment by section 543(b)(4) 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)(16) 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 1988 AMENDMENT Pub. L. 100–690, title VII, § 7346(b), Nov. 18, 1988, 102 Stat. 4471, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to any aid or assistance which occurs on or after the date of the enactment of this Act [Nov. 18, 1988].’’ § 1328. Importation of alien for immoral purpose The importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is forbidden. Whoever shall, directly or indirectly, import, or attempt to import into the United States any alien for the purpose of prostitution or for any other im- moral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, main- tain, control, support, employ, or harbor in any house or other place, for the purpose of prostitu- tion or for any other immoral purpose, any alien, in pursuance of such illegal importation, shall be fined under title 18, or imprisoned not more than 10 years, or both. The trial and pun- ishment of offenses under this section may be in any district to or into which such alien is brought in pursuance of importation by the per- son or persons accused, or in any district in which a violation of any of the provisions of this section occurs. In all prosecutions under this section, the testimony of a husband or wife shall be admissible and competent evidence against each other. (June 27, 1952, ch. 477, title II, ch. 8, § 278, 66 Stat. 230; Pub. L. 101–649, title V, § 543(b)(5), Nov. 29, 1990, 104 Stat. 5059.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649 substituted ‘‘shall be fined under title 18, or imprisoned not more than 10 years, or both’’ for ‘‘shall, in every such case, be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 and by imprisonment for a term of not more than ten years’’. 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. § 1329. Jurisdiction of district courts The district courts of the United States shall have jurisdiction of all causes, civil and crimi- nal, brought by the United States that arise under the provisions of this subchapter. It shall be the duty of the United States attorney of the proper district to prosecute every such suit when brought by the United States. Notwith- standing any other law, such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with a violation under section 1325 or 1326 of this title may be ap- prehended. No suit or proceeding for a violation of any of the provisions of this subchapter shall be settled, compromised, or discontinued with- out the consent of the court in which it is pend- ing and any such settlement, compromise, or discontinuance shall be entered of record with the reasons therefor. Nothing in this section shall be construed as providing jurisdiction for suits against the United States or its agencies or officers. (June 27, 1952, ch. 477, title II, ch. 8, § 279, 66 Stat. 230; Pub. L. 104–208, div. C, title III, § 381(a), Sept. 30, 1996, 110 Stat. 3009–650.) Page 426 TITLE 8—ALIENS AND NATIONALITY § 1330 Editorial Notes AMENDMENTS 1996—Pub. L. 104–208, § 381(a)(2), inserted at end ‘‘Nothing in this section shall be construed as pro- viding jurisdiction for suits against the United States or its agencies or officers.’’ Pub. L. 104–208, § 381(a)(1), amended first sentence gen- erally. Prior to amendment, first sentence read as fol- lows: ‘‘The district courts of the United States shall have jurisdiction of all causes, civil and criminal, aris- ing under any of the provisions of this subchapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title III, § 381(b), Sept. 30, 1996, 110 Stat. 3009–650, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to actions filed after the date of the enactment of this Act [Sept. 30, 1996].’’ § 1330. Collection of penalties and expenses (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 pay- ments of any fine, penalty or expenses imposed or incurred under such sections, but, in the dis- cretion 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 Ac- count’’. Notwithstanding any other section of this subchapter, there shall be deposited as off- setting receipts into the Immigration Enforce- ment 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 re- sulting from the amendments made by sec- tions 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 re- fund out of the Immigration Enforcement Ac- count 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, appre- hension, detention, and removal of criminal aliens; (ii) the maintenance and updating of a sys- tem to identify and track criminal aliens, de- portable aliens, inadmissible aliens, and aliens illegally entering the United States; and (iii) for the repair, maintenance, or con- struction on the United States border, in areas experiencing high levels of apprehensions of il- legal aliens, of structures to deter illegal entry into the United States. (B) The amounts which are required to be re- funded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjust- ments shall be made in the amounts subse- quently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A). (C) The amounts required to be refunded from the Immigration Enforcement Account for fiscal year 1996 and thereafter shall be refunded in ac- cordance with estimates made in the budget re- quest of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of Public Law 104–134. (D) The Attorney General shall prepare and submit annually to the Congress statements of financial condition of the Immigration Enforce- ment Account, including beginning account bal- ance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year. (June 27, 1952, ch. 477, title II, ch. 8, § 280, 66 Stat. 230; Pub. L. 101–649, title V, § 542(a), Nov. 29, 1990, 104 Stat. 5057; Pub. L. 103–416, title II, § 219(s), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §§ 308(g)(4)(C), 382(a), Sept. 30, 1996, 110 Stat. 3009–623, 3009–651.) Editorial Notes REFERENCES IN TEXT Sections 203(b) and 543(a) of the Immigration Act of 1990, referred to in subsec. (b)(2)(A), are sections 203(b) and 543(a) of Pub. L. 101–649. Section 203(b) of the Act amended section 1281 of this title. Section 543(a) of the Act amended sections 1221, former 1227, 1229 (now 1224), 1284, 1285, 1286, 1287, 1321, 1322, and 1323 of this title. Section 605 of Public Law 104–134, referred to in sub- sec. (b)(3)(C), is section 101[(a)] [title VI, § 605] of Pub. L. 104–134, title I, Apr. 26, 1996, 110 Stat. 1321, 1321–63, which is not classified to the Code. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208, § 308(g)(4)(C), sub- stituted ‘‘1224, 1253(c)(2)’’ for ‘‘1227, 1229, 1253’’. Subsec. (b). Pub. L. 104–208, § 382(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Notwithstanding section 3302 of title 31, the increase in penalties collected resulting from the amendments made by sections 203(b), 543(a), and 544 of the Immigration Act of 1990 shall be credited to the ap- propriation— ‘‘(1) for the Immigration and Naturalization Serv- ice for activities that enhance enforcement of provi- sions of this subchapter, including— ‘‘(A) the identification, investigation, and appre- hension of criminal aliens, ‘‘(B) the implementation of the system described in section 1252(a)(3)(A) of this title, and ‘‘(C) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States; and ‘‘(2) for the Executive Office for Immigration Re- view in the Department of Justice for the purpose of removing the backlogs in the preparation of tran- scripts of deportation proceedings conducted under section 1252 of this title.’’ 1994—Subsec. (b)(1)(C). Pub. L. 103–416 substituted ‘‘maintenance’’ for ‘‘maintainance’’.