8 U.S.C. § 1306 — Penalties

Page 392 TITLE 8—ALIENS AND NATIONALITY § 1305 Editorial Notes REFERENCES IN TEXT The Alien Registration Act, 1940, referred to in sub- sec. (d), is act June 28, 1940, ch. 439, 54 Stat. 670. Title III of that act, which related to register and fingerprinting of aliens, was classified to sections 451 to 460 of this title, was repealed by section 403(a)(39) of act June 27, 1952. This chapter, referred to in subsec. (d), 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. (f). Pub. L. 104–208 added subsec. (f). 1990—Subsec. (b). Pub. L. 101–649 inserted ‘‘(1) pursu- ant to section 1357(f)(2) of this title, and (2)’’ after ‘‘only’’. 1988—Subsec. (a). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below. 1986—Subsec. (a). Pub. L. 99–653, as amended by Pub. L. 100–525, amended first sentence generally, striking out ‘‘and fingerprinting’’ before ‘‘of aliens under sec- tion 1301’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to applica- tions for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 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. § 1305. Notices of change of address (a) Notification of change Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regula- tion. (b) Current address of natives of any one or more foreign states The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this sub- chapter, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may re- quire. (c) Notice to parent or legal guardian In the case of an alien for whom a parent or legal guardian is required to apply for registra- tion, the notice required by this section shall be given to such parent or legal guardian. (June 27, 1952, ch. 477, title II, ch. 7, § 265, 66 Stat. 225; Pub. L. 97–116, § 11, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 100–525, § 9(o), Oct. 24, 1988, 102 Stat. 2620.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–525 inserted ‘‘Notices of change of address’’ as section catchline. 1981—Pub. L. 97–116 amended section generally and in adding subsection designations struck out the annual registration requirement for permanent resident aliens and the registration requirement for those aliens in a lawful temporary residence who were to notify the At- torney General in writing of an address every three months while residing in the United States and in- serted provision authorizing the Attorney General, in his discretion and upon ten days notice, to require the natives of any one or more foreign states who are in the United States and required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional informa- tion as required. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, 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. § 1306. Penalties (a) Willful failure to register Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such applica- tion or to be fingerprinted, and any parent or legal guardian required to apply for the registra- tion of any alien who willfully fails or refuses to file application for the registration of such alien 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. (b) Failure to notify change of address Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as re- quired by section 1305 of this title, shall be guilty of a misdemeanor and shall, upon convic- tion thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title, shall be taken into custody and removed in the manner provided by part IV of this subchapter, unless such alien establishes to the satisfaction of the Attorney General that such failure was reason- ably excusable or was not willful. (c) Fraudulent statements Any alien or any parent or legal guardian of any alien, who files an application for registra- 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.