8 U.S.C. § 1327 — Aiding or assisting certain aliens to enter

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.)