
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1281]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
          Part VI--Special Provisions Relating to Alien Crewmen
 
Sec. 1281. Alien crewmen


(a) Arrival; submission of list; exceptions

    Upon arrival of any vessel or aircraft in the United States from any 
place outside the United States it shall be the duty of the owner, 
agent, consignee, master, or commanding officer thereof to deliver to an 
immigration officer at the port of arrival (1) a complete, true, and 
correct list containing the names of all aliens employed on such vessel 
or aircraft, the positions they respectively hold in the crew of the 
vessel or aircraft, when and where they were respectively shipped or 
engaged, and those to be paid off or discharged in the port of arrival; 
or (2) in the discretion of the Attorney General, such a list containing 
so much of such information, or such additional or supplemental 
information, as the Attorney General shall by regulations prescribe. In 
the case of a vessel engaged solely in traffic on the Great Lakes, Saint 
Lawrence River, and connecting waterways, such lists shall be furnished 
at such times as the Attorney General may require.

(b) Reports of illegal landings

    It shall be the duty of any owner, agent, consignee, master, or 
commanding officer of any vessel or aircraft to report to an immigration 
officer, in writing, as soon as discovered, all cases in which any alien 
crewman has illegally landed in the United States from the vessel or 
aircraft, together with a description of such alien and any information 
likely to lead to his apprehension.

(c) Departure; submission of list; exceptions

    Before the departure of any vessel or aircraft from any port in the 
United States, it shall be the duty of the owner, agent, consignee, 
master, or commanding officer thereof, to deliver to an immigration 
officer at that port (1) a list containing the names of all alien 
employees who were not employed thereon at the time of the arrival at 
that port but who will leave such port thereon at the time of the 
departure of such vessel or aircraft and the names of those, if any, who 
have been paid off or discharged, and of those, if any, who have 
deserted or landed at that port, or (2) in the discretion of the 
Attorney General, such a list containing so much of such information, or 
such additional or supplemental information, as the Attorney General 
shall by regulations prescribe. In the case of a vessel engaged solely 
in traffic on the Great Lakes, Saint Lawrence River, and connecting 
waterways, such lists shall be furnished at such times as the Attorney 
General may require.

(d) Violations

    In case any owner, agent, consignee, master, or commanding officer 
shall fail to deliver complete, true, and correct lists or reports of 
aliens, or to report cases of desertion or landing, as required by 
subsections (a), (b), and (c) of this section, such owner, agent, 
consignee, master, or commanding officer, shall, if required by the 
Attorney General, pay to the Commissioner the sum of $200 for each alien 
concerning whom such lists are not delivered or such reports are not 
made as required in the preceding subsections. In the case that any 
owner, agent, consignee, master, or commanding officer of a vessel shall 
secure services of an alien crewman described in section 
1101(a)(15)(D)(i) of this title to perform longshore work not included 
in the normal operation and service on board the vessel under section 
1288 of this title, the owner, agent, consignee, master, or commanding 
officer shall pay to the Commissioner the sum of $5,000, and such fine 
shall be a lien against the vessel. No such vessel or aircraft shall be 
granted clearance from any port at which it arrives pending the 
determination of the question of the liability to the payment of such 
fine, and if such fine is imposed, while it remains unpaid. No such fine 
shall be remitted or refunded. Clearance may be granted prior to the 
determination of such question upon deposit of a bond or a sum 
sufficient to cover such fine.

(e) Regulations

    The Attorney General is authorized to prescribe by regulations the 
circumstances under which a vessel or aircraft shall be deemed to be 
arriving in, or departing from the United States or any port thereof 
within the meaning of any provision of this part.

(June 27, 1952, ch. 477, title II, ch. 6, Sec. 251, 66 Stat. 219; Pub. 
L. 101-649, title II, Sec. 203(b), Nov. 29, 1990, 104 Stat. 5018; Pub. 
L. 102-232, title III, Sec. 303(a)(3), Dec. 12, 1991, 105 Stat. 1746.)


                               Amendments

    1991--Subsec. (d). Pub. L. 102-232 substituted ``consignee'' for 
``charterer'' after ``the owner, agent,'' in second sentence.
    1990--Subsec. (d). Pub. L. 101-649 substituted ``pay to the 
Commissioner the sum of $200'' for ``pay to the collector of customs of 
any customs district in which the vessel or aircraft may at any time be 
found the sum of $10'' and inserted after first sentence ``In the case 
that any owner, agent, consignee, master, or commanding officer of a 
vessel shall secure services of an alien crewman described in section 
1101(a)(15)(D)(i) of this title to perform longshore work not included 
in the normal operation and service on board the vessel under section 
1288 of this title, the owner, agent, charterer, master, or commanding 
officer shall pay to the Commissioner the sum of $5,000, and such fine 
shall be a lien against the vessel.''


                    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 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.


             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 section 1288 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1288, 1330 of this title.
