
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: 8USC1284]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
          Part VI--Special Provisions Relating to Alien Crewmen
 
Sec. 1284. Control of alien crewmen


(a) Penalties for failure

    The owner, agent, consignee, charterer, master, or commanding 
officer of any vessel or aircraft 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 
officer at the expense of the airline, any alien crewman employed 
thereon until an immigration 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 immigration 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 unless 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 determination of the liability to 
the payment of such fine, or while the fine remains unpaid, except that 
clearance may be granted prior to the determination 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 Attorney 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 regulations 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 aircraft; expenses

    If the Attorney General finds that removal of an alien crewman under 
this section on the vessel or aircraft on which he arrived is 
impracticable or impossible, or would cause undue hardship 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 
impracticable. 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 conditions and 
safeguards as the Attorney General shall impose, shall be paid by the 
owner or owners of the vessel or aircraft on which the alien arrived in 
the United States. The vessel or aircraft on which the alien arrived 
shall not be granted clearance until such expenses have been paid or 
their payment guaranteed to the satisfaction of the Attorney General. An 
alien crewman who is transferred within the United States in accordance 
with this subsection shall not be regarded as having been landed in the 
United States.

(June 27, 1952, ch. 477, title II, ch. 6, Sec. 254, 66 Stat. 221; Pub. 
L. 101-649, title V, Sec. 543(a)(4), Nov. 29, 1990, 104 Stat. 5058; Pub. 
L. 102-232, title III, Sec. 306(c)(4)(C), Dec. 12, 1991, 105 Stat. 1752; 
Pub. L. 104-208, div. C, title III, Sec. 308(e)(1)(I), (2)(F), (12), 
Sept. 30, 1996, 110 Stat. 3009-619, 3009-620.)


                               Amendments

    1996--Pub. L. 104-208 substituted ``remove'' for ``deport'' in 
subsecs. (a) and (b), ``removal'' for ``deportation'' wherever appearing 
in subsecs. (a) and (c), and ``removed'' for ``deported'' in subsec. 
(c).
    1991--Subsec. (a). Pub. L. 102-232 substituted ``Commissioner'' for 
``collector of customs'' before period at end of penultimate sentence.
    1990--Subsec. (a). Pub. L. 101-649 substituted ``Commissioner 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 orders of the officer occurs the sum of $1,000'' and ``$500'' 
for ``$200''.


                    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 1321, 1330 of this title.
