8 U.S.C. § 1282 — Conditional permits to land temporarily

Page 383 TITLE 8—ALIENS AND NATIONALITY § 1282 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 services performed on or after 180 days after Nov. 29, 1990, see section 203(d) of Pub. L. 101–649, 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. INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649 Amendment by section 203(b) of Pub. L. 101–649 not to affect performance of longshore work in United States by citizens or nationals of United States, see section 203(a)(2) of Pub. L. 101–649, set out as a note under sec- tion 1288 of this title. § 1282. Conditional permits to land temporarily (a) Period of time No alien crewman shall be permitted to land temporarily in the United States except as pro- vided in this section and sections 1182(d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title and is otherwise ad- missible and has agreed to accept such permit, he may, in his discretion, grant the crewman a conditional permit to land temporarily pursuant to regulations prescribed by the Attorney Gen- eral, subject to revocation in subsequent pro- ceedings as provided in subsection (b), and for a period of time, in any event, not to exceed— (1) the period of time (not exceeding twenty- nine days) during which the vessel or aircraft on which he arrived remains in port, if the im- migration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived; (2) twenty-nine days, if the immigration offi- cer is satisfied that the crewman intends to depart, within the period for which he is per- mitted to land, on a vessel or aircraft other than the one on which he arrived; or (3) 180 days, if the immigration officer deter- mines that the crewman— (A) intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and (B) will perform ship-to-ship liquid cargo transfer operations to or from any other ves- sel engaged in foreign trade during such pe- riod. (b) Revocation; expenses of detention Pursuant to regulations prescribed by the At- torney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the pro- visions of subsection (a)(1), take such crewman into custody, and require the master or com- manding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if prac- ticable, and such crewman shall be removed from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so removed, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the proce- dure prescribed in section 1229a of this title to cases falling within the provisions of this sub- section. (c) Penalties Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) shall be fined under title 18 or imprisoned not more than 6 months, or both. (June 27, 1952, ch. 477, title II, ch. 6, § 252, 66 Stat. 220; Pub. L. 101–649, title V, § 543(b)(1), Nov. 29, 1990, 104 Stat. 5059; Pub. L. 102–232, title III, § 306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(2)(E), (g)(5)(A)(i), Sept. 30, 1996, 110 Stat. 3009–620, 3009–623; Pub. L. 117–360, § 3, Jan. 5, 2023, 136 Stat. 6293.) Editorial Notes AMENDMENTS 2023—Subsec. (a)(3). Pub. L. 117–360 added par. (3). 1996—Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(i), sub- stituted ‘‘section 1229a’’ for ‘‘section 1252’’. Pub. L. 104–208, § 308(e)(2)(E), substituted ‘‘removed’’ for ‘‘deported’’ in two places. 1991—Subsec. (c). Pub. L. 102–232 substituted ‘‘fined under title 18’’ for ‘‘fined not more than $2,000 (or, if greater, the amount provided under title 18)’’. 1990—Subsec. (c). Pub. L. 101–649 substituted ‘‘shall be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months’’ for ‘‘shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months’’. 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. RULE OF CONSTRUCTION For purposes of amendment by Pub. L. 117–360, per- formance by crewmen of ship-to-ship liquid cargo transfer operations not to be considered, for immigra- tion purposes, to be services, work, labor or employ- ment by the crewman within the United States, see section 4 of Pub. L. 117–360, set out as a note under sec- tion 1101 of this title. Page 384 TITLE 8—ALIENS AND NATIONALITY § 1283 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. § 1283. Hospital treatment of alien crewmen af- flicted with certain diseases An alien crewman, including an alien crewman ineligible for a conditional permit to land under section 1282(a) of this title, who is found on ar- rival in a port of the United States to be af- flicted with any of the disabilities or diseases mentioned in section 1285 of this title, shall be placed in a hospital designated by the immigra- tion officer in charge at the port of arrival and treated, all expenses connected therewith, in- cluding burial in the event of death, to be borne by the owner, agent, consignee, commanding of- ficer, or master of the vessel or aircraft, and not to be deducted from the crewman’s wages. No such vessel or aircraft shall be granted clear- ance until such expenses are paid, or their pay- ment appropriately guaranteed, and the col- lector of customs is so notified by the immigra- tion officer in charge. An alien crewman sus- pected of being afflicted with any such disability or disease may be removed from the vessel or aircraft on which he arrived to an immigration station, or other appropriate place, for such ob- servation as will enable the examining surgeons to determine definitely whether or not he is so afflicted, all expenses connected therewith to be borne in the manner hereinbefore prescribed. In cases in which it appears to the satisfaction of the immigration officer in charge that it will not be possible within a reasonable time to ef- fect a cure, the return of the alien crewman shall be enforced on, or at the expense of, the transportation line on which he came, upon such conditions as the Attorney General shall pre- scribe, to insure that the alien shall be properly cared for and protected, and that the spread of contagion shall be guarded against. (June 27, 1952, ch. 477, title II, ch. 6, § 253, 66 Stat. 221.) Statutory Notes and Related Subsidiaries 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. § 1284. Control of alien crewmen (a) Penalties for failure The owner, agent, consignee, charterer, mas- ter, or commanding officer of any vessel or air- craft arriving in the United States from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration of- ficer at the expense of the airline, any alien crewman employed thereon until an immigra- tion officer has completely inspected such alien crewman, including a physical examination by the medical examiner, or (2) to detain any alien crewman on board the vessel, or in the case of an aircraft at a place specified by an immigra- tion officer at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such alien crewman under section 1282 of this title or un- less an alien crewman has been permitted to land temporarily under section 1182(d)(5) or 1283 of this title for medical or hospital treatment, or (3) to remove such alien crewman if required to do so by an immigration officer, whether such removal requirement is imposed before or after the crewman is permitted to land temporarily under section 1182(d)(5), 1282, or 1283 of this title, shall pay to the Commissioner the sum of $3,000 for each alien crewman in respect to whom any such failure occurs. No such vessel or aircraft shall be granted clearance pending the deter- mination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the de- termination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The At- torney General may, upon application in writing therefor, mitigate such penalty to not less than $500 for each alien crewman in respect of whom such failure occurs, upon such terms as he shall think proper. (b) Prima facie evidence against transportation line Except as may be otherwise prescribed by reg- ulations issued by the Attorney General, proof that an alien crewman did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the United States from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or remove such alien crewman. (c) Removal on other than arriving vessel or air- craft; expenses If the Attorney General finds that removal of an alien crewman under this section on the ves- sel or aircraft on which he arrived is impracti- cable or impossible, or would cause undue hard- ship to such alien crewman, he may cause the alien crewman to be removed from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the Attorney General finds this to be impracti- cable. All expenses incurred in connection with such removal, including expenses incurred in transferring an alien crewman from one place in the United States to another under such condi- tions and safeguards as the Attorney General shall impose, shall be paid by the owner or own- ers of the vessel or aircraft on which the alien arrived in the United States. The vessel or air- craft on which the alien arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satis- faction of the Attorney General. An alien crew- man who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States.