8 U.S.C. § 1323 — Unlawful bringing of aliens into United

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). Page 396 TITLE 8—ALIENS AND NATIONALITY § 1324 Subsec. (b). Pub. L. 104–208, § 671(b)(7), made technical amendment to directory language of Pub. L. 103–416, § 209(a)(1). See 1994 Amendment note below. Pub. L. 104–208, § 671(b)(6), substituted ‘‘remains’’ for ‘‘remain’’. Subsec. (d). Pub. L. 104–208, § 371(b)(8), substituted ‘‘immigration judges’’ for ‘‘special inquiry officers’’. Pub. L. 104–208, § 308(e)(13), struck out subsec. (d) which read as follows: ‘‘The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stow- away arrived or on another vessel or aircraft at the ex- pense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration offi- cer, shall pay to the Commissioner a fine of $3,000 for each alien stowaway, in respect of whom any such fail- ure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted 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. The pro- visions of section 1225 of this title for detention of aliens for examination before immigration judges and the right of appeal provided for in section 1226 of this title shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treat- ment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or re- moval or deportation of such alien from the United States.’’ 1994—Subsec. (b). Pub. L. 103–416, § 219(p), in first sen- tence substituted ‘‘Commissioner’’ for ‘‘collector of customs’’ before ‘‘to the alien’’. Pub. L. 103–416, § 209(a)(1), as amended by Pub. L. 104–208, § 671(b)(7), substituted ‘‘a fine of $3,000’’ for ‘‘the sum of $3,000’’. Pub. L. 103–416, § 209(a)(2), (4), in first sentence sub- stituted ‘‘an amount equal to’’ for ‘‘a sum equal to’’ and ‘‘such latter fine’’ for ‘‘such latter sum’’, and in second sentence substituted ‘‘such fine or while such fine’’ for ‘‘such sums or while such sums’’ and ‘‘cover such fine’’ for ‘‘cover such sums’’. Subsec. (c). Pub. L. 103–416, § 209(a)(4), (5), substituted ‘‘Except as provided in subsection (e), such fine’’ for ‘‘Such sums’’. Subsec. (d). Pub. L. 103–416, § 216, amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘The owner, charterer, agent, con- signee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside thereof who fails to detain on board or at such other place as may be designated by an immigration of- ficer any alien stowaway until such stowaway has been inspected by an immigration officer, or who fails to de- tain such stowaway on board or at such other des- ignated place after inspection if ordered to do so by an immigration officer, or who fails to deport such stow- away on the vessel or aircraft on which he arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which he arrived when required to do so by an immigration officer, shall pay to the Commis- sioner the sum of $3,000 for each alien stowaway, in re- spect of whom any such failure occurs.’’ Pub. L. 103–416, § 209(a)(1), which directed that subsec. (d) be amended by substituting ‘‘a fine of $3,000’’ for ‘‘the sum of $3000’’, was executed in the first sentence by making the substitution for ‘‘the sum of $3,000’’, to reflect the probable intent of Congress. Pub. L. 103–416, § 209(a)(3), in second sentence sub- stituted ‘‘an amount’’ for ‘‘a sum’’ before ‘‘sufficient to cover such fine’’. Subsec. (e). Pub. L. 103–416, § 209(a)(6), added subsec. (e). 1991—Subsec. (b). Pub. L. 102–232 substituted ‘‘Com- missioner’’ for ‘‘collector of customs’’ before period at end of second sentence. 1990—Subsec. (a). Pub. L. 101–649, § 201(b)(1), inserted ‘‘a valid passport and’’ before ‘‘an unexpired visa’’. Subsec. (b). Pub. L. 101–649, § 543(a)(10)(A), substituted ‘‘Commissioner the sum of $3,000’’ for ‘‘collector of cus- toms of the customs district in which the port of ar- rival is located the sum of $1,000’’. Subsec. (c). Pub. L. 101–649, § 201(b)(2), inserted ‘‘valid passport or’’ before ‘‘visa was required’’. Subsec. (d). Pub. L. 101–649, § 543(a)(10)(B), substituted ‘‘Commissioner the sum of $3,000’’ for ‘‘collector of cus- toms of the customs district in which the port of ar- rival is located the sum of $1,000’’ in first sentence and ‘‘Commissioner’’ for ‘‘collector of customs’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 ef- fective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immi- gration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 209(b), Oct. 25, 1994, 108 Stat. 4312, as amended by Pub. L. 104–208, div. C, title VI, § 671(b)(8), Sept. 30, 1996, 110 Stat. 3009–722, provided that: ‘‘The amendments made by this section [amend- ing this section] shall apply with respect to aliens brought to the United States more than 60 days after the date of enactment of this Act [Oct. 25, 1994].’’ Amendment by section 219(p) of Pub. L. 103–416 effec- tive 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 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 section 543(a)(10) 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. 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. § 1324. Bringing in and harboring certain aliens (a) Criminal penalties (1)(A) Any person who— (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commis- sioner, regardless of whether such alien has re- ceived prior official authorization to come to, enter, or reside in the United States and re-