
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: 8USC1286]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
          Part VI--Special Provisions Relating to Alien Crewmen
 
Sec. 1286. Discharge of alien crewmen; penalties

    It shall be unlawful for any person, including the owner, agent, 
consignee, charterer, master, or commanding officer of any vessel or 
aircraft, to pay off or discharge any alien crewman, except an alien 
lawfully admitted for permanent residence, employed on board a vessel or 
aircraft arriving in the United States without first having obtained the 
consent of the Attorney General. If it shall appear to the satisfaction 
of the Attorney General that any alien crewman has been paid off or 
discharged in the United States in violation of the provisions of this 
section, such owner, agent, consignee, charterer, master, commanding 
officer, or other person, shall pay to the Commissioner the sum of 
$3,000 for each such violation. No vessel or aircraft shall be granted 
clearance pending the determination of the question of the liability to 
the payment of such sums, or while such sums remain unpaid, except that 
clearance may be granted prior to the determination of such question 
upon the deposit of an amount sufficient to cover such sums, or of a 
bond approved by the Commissioner with sufficient surety to secure the 
payment thereof. Such fine may, in the discretion of the Attorney 
General, be mitigated to not less than $1,500 for each violation, upon 
such terms as he shall think proper.

(June 27, 1952, ch. 477, title II, ch. 6, Sec. 256, 66 Stat. 223; Pub. 
L. 101-649, title V, Sec. 543(a)(6), Nov. 29, 1990, 104 Stat. 5058.)


                               Amendments

    1990--Pub. L. 101-649 substituted ``Commissioner the sum of $3,000'' 
for ``collector of customs of the customs district in which the 
violation occurred the sum of $1,000'' in second sentence, 
``Commissioner'' for ``collector of customs'' in third sentence, and 
``$1,500'' for ``$500'' in fourth sentence.


                    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 section 1330 of this title; title 22 
section 450.
