8 U.S.C. § 1321 — Prevention of unauthorized landing of

Page 393 TITLE 8—ALIENS AND NATIONALITY § 1321 tion containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be removed in the manner provided in part IV of this subchapter. (d) Counterfeiting Any person who with unlawful intent photo- graphs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration re- ceipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the At- torney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both. (June 27, 1952, ch. 477, title II, ch. 7, § 266, 66 Stat. 225; Pub. L. 104–208, div. C, title III, § 308(e)(2)(G), (g)(9)(A), Sept. 30, 1996, 110 Stat. 3009–620, 3009–624.) Editorial Notes AMENDMENTS 1996—Subsecs. (b), (c). Pub. L. 104–208 substituted ‘‘re- moved’’ for ‘‘deported’’ and ‘‘part IV’’ for ‘‘Part V’’. 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. 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. PART VIII—GENERAL PENALTY PROVISIONS § 1321. Prevention of unauthorized landing of aliens (a) Failure to report; penalties It shall be the duty of every person, including the owners, masters, officers, and agents of ves- sels, aircraft, transportation lines, or inter- national bridges or toll roads, other than trans- portation lines which may enter into a contract as provided in section 1223 of this title, bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crewman whose case is not covered by section 1284(a) of this title) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing require- ments shall be liable to a penalty to be imposed by the Attorney General of $3,000 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accordance with such proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the pro- visions of this section, and such vessel or air- craft may be libeled therefor in the appropriate United States court. (b) Prima facie evidence Proof that the alien failed to present himself at the time and place designated by the immi- gration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers. (c) Liability of owners and operators of inter- national bridges and toll roads (1) Any owner or operator of a railroad line, international bridge, or toll road who estab- lishes to the satisfaction of the Attorney Gen- eral that the person has acted diligently and reasonably to fulfill the duty imposed by sub- section (a) shall not be liable for the penalty de- scribed in such subsection, notwithstanding the failure of the person to prevent the unauthor- ized landing of any alien. (2)(A) At the request of any person described in paragraph (1), the Attorney General shall in- spect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of com- plying with subsection (a). The Attorney Gen- eral shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General de- termines is satisfactory for such purpose. (B) Proof that any person described in para- graph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is ef- fective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) (within the meaning of paragraph (1) of this subsection). (June 27, 1952, ch. 477, title II, ch. 8, § 271, 66 Stat. 226; Pub. L. 99–603, title I, § 114, Nov. 6, 1986, 100 Stat. 3383; Pub. L. 101–649, title V, § 543(a)(8), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208 substituted ‘‘section 1223’’ for ‘‘section 1228’’. 1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘$3,000’’ for ‘‘$1,000’’. 1986—Subsec. (c). Pub. L. 99–603 added subsec. (c). 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. 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.