
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: 8USC1282]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
          Part VI--Special Provisions Relating to Alien Crewmen
 
Sec. 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 provided 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 admissible 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 General, subject to revocation in subsequent 
proceedings as provided in subsection (b) of this section, 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 immigration officer is satisfied that the crewman intends to 
    depart on the vessel or aircraft on which he arrived; or
        (2) twenty-nine days, if the immigration officer is satisfied 
    that the crewman intends to depart, within the period for which he 
    is permitted to land, on a vessel or aircraft other than the one on 
    which he arrived.

(b) Revocation; expenses of detention

    Pursuant to regulations prescribed by the Attorney 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 provisions of subsection 
(a)(1) of this section, take such crewman into custody, and require the 
master or commanding officer of the vessel or aircraft on which the 
crewman arrived to receive and detain him on board such vessel or 
aircraft, if practicable, 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 procedure prescribed 
in section 1229a of this title to cases falling within the provisions of 
this subsection.

(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) of this section shall be fined under title 18 or 
imprisoned not more than 6 months, or both.

(June 27, 1952, ch. 477, title II, ch. 6, Sec. 252, 66 Stat. 220; Pub. 
L. 101-649, title V, Sec. 543(b)(1), Nov. 29, 1990, 104 Stat. 5059; Pub. 
L. 102-232, title III, Sec. 306(c)(3), Dec. 12, 1991, 105 Stat. 1752; 
Pub. L. 104-208, div. C, title III, Sec. 308(e)(2)(E), (g)(5)(A)(i), 
Sept. 30, 1996, 110 Stat. 3009-620, 3009-623.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-208, Sec. 308(g)(5)(A)(i), 
substituted ``section 1229a'' for ``section 1252''.
    Pub. L. 104-208, Sec. 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''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1184, 1231, 1283, 1284 of 
this title.
