8 U.S.C. § 1284 — Control of alien crewmen

Page 384 TITLE 8—ALIENS AND NATIONALITY § 1283 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. § 1283. Hospital treatment of alien crewmen af- flicted with certain diseases An alien crewman, including an alien crewman ineligible for a conditional permit to land under section 1282(a) of this title, who is found on ar- rival in a port of the United States to be af- flicted with any of the disabilities or diseases mentioned in section 1285 of this title, shall be placed in a hospital designated by the immigra- tion officer in charge at the port of arrival and treated, all expenses connected therewith, in- cluding burial in the event of death, to be borne by the owner, agent, consignee, commanding of- ficer, or master of the vessel or aircraft, and not to be deducted from the crewman’s wages. No such vessel or aircraft shall be granted clear- ance until such expenses are paid, or their pay- ment appropriately guaranteed, and the col- lector of customs is so notified by the immigra- tion officer in charge. An alien crewman sus- pected of being afflicted with any such disability or disease may be removed from the vessel or aircraft on which he arrived to an immigration station, or other appropriate place, for such ob- servation as will enable the examining surgeons to determine definitely whether or not he is so afflicted, all expenses connected therewith to be borne in the manner hereinbefore prescribed. In cases in which it appears to the satisfaction of the immigration officer in charge that it will not be possible within a reasonable time to ef- fect a cure, the return of the alien crewman shall be enforced on, or at the expense of, the transportation line on which he came, upon such conditions as the Attorney General shall pre- scribe, to insure that the alien shall be properly cared for and protected, and that the spread of contagion shall be guarded against. (June 27, 1952, ch. 477, title II, ch. 6, § 253, 66 Stat. 221.) Statutory Notes and Related Subsidiaries 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. § 1284. Control of alien crewmen (a) Penalties for failure The owner, agent, consignee, charterer, mas- ter, or commanding officer of any vessel or air- craft arriving in the United States from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration of- ficer at the expense of the airline, any alien crewman employed thereon until an immigra- tion officer has completely inspected such alien crewman, including a physical examination by the medical examiner, or (2) to detain any alien crewman on board the vessel, or in the case of an aircraft at a place specified by an immigra- tion officer at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such alien crewman under section 1282 of this title or un- less an alien crewman has been permitted to land temporarily under section 1182(d)(5) or 1283 of this title for medical or hospital treatment, or (3) to remove such alien crewman if required to do so by an immigration officer, whether such removal requirement is imposed before or after the crewman is permitted to land temporarily under section 1182(d)(5), 1282, or 1283 of this title, shall pay to the Commissioner the sum of $3,000 for each alien crewman in respect to whom any such failure occurs. No such vessel or aircraft shall be granted clearance pending the deter- mination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the de- termination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The At- torney General may, upon application in writing therefor, mitigate such penalty to not less than $500 for each alien crewman in respect of whom such failure occurs, upon such terms as he shall think proper. (b) Prima facie evidence against transportation line Except as may be otherwise prescribed by reg- ulations issued by the Attorney General, proof that an alien crewman did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the United States from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or remove such alien crewman. (c) Removal on other than arriving vessel or air- craft; expenses If the Attorney General finds that removal of an alien crewman under this section on the ves- sel or aircraft on which he arrived is impracti- cable or impossible, or would cause undue hard- ship to such alien crewman, he may cause the alien crewman to be removed from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the Attorney General finds this to be impracti- cable. All expenses incurred in connection with such removal, including expenses incurred in transferring an alien crewman from one place in the United States to another under such condi- tions and safeguards as the Attorney General shall impose, shall be paid by the owner or own- ers of the vessel or aircraft on which the alien arrived in the United States. The vessel or air- craft on which the alien arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satis- faction of the Attorney General. An alien crew- man who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States. 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