8 U.S.C. § 1285 — Employment on passenger vessels of

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