
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: 8USC1321]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions
 
Sec. 1321. Prevention of unauthorized landing of aliens


(a) Failure to report; penalties

    It shall be the duty of every person, including the owners, masters, 
officers, and agents of vessels, aircraft, transportation lines, or 
international bridges or toll roads, other than transportation lines 
which may enter into a contract as provided in section 1223 of this 
title, bringing an alien to, or providing a means for an alien to come 
to, the United States (including an alien crewman whose case is not 
covered by section 1284(a) of this title) to prevent the landing of such 
alien in the United States at a port of entry other than as designated 
by the Attorney General or at any time or place other than as designated 
by the immigration officers. Any such person, owner, master, officer, or 
agent who fails to comply with the foregoing requirements shall be 
liable to a penalty to be imposed by the Attorney General of $3,000 for 
each such violation, which may, in the discretion of the Attorney 
General, be remitted or mitigated by him in accordance with such 
proceedings as he shall by regulation prescribe. Such penalty shall be a 
lien upon the vessel or aircraft whose owner, master, officer, or agent 
violates the provisions of this section, and such vessel or aircraft may 
be libeled therefor in the appropriate United States court.

(b) Prima facie evidence

    Proof that the alien failed to present himself at the time and place 
designated by the immigration officers shall be prima facie evidence 
that such alien has landed in the United States at a time or place other 
than as designated by the immigration officers.

(c) Liability of owners and operators of international bridges and toll 
        roads

    (1) Any owner or operator of a railroad line, international bridge, 
or toll road who establishes to the satisfaction of the Attorney General 
that the person has acted diligently and reasonably to fulfill the duty 
imposed by subsection (a) of this section shall not be liable for the 
penalty described in such subsection, notwithstanding the failure of the 
person to prevent the unauthorized landing of any alien.
    (2)(A) At the request of any person described in paragraph (1), the 
Attorney General shall inspect any facility established, or any method 
utilized, at a point of entry into the United States by such person for 
the purpose of complying with subsection (a) of this section. The 
Attorney General shall approve any such facility or method (for such 
period of time as the Attorney General may prescribe) which the Attorney 
General determines is satisfactory for such purpose.
    (B) Proof that any person described in paragraph (1) has diligently 
maintained any facility, or utilized any method, which has been approved 
by the Attorney General under subparagraph (A) (within the period for 
which the approval is effective) shall be prima facie evidence that such 
person acted diligently and reasonably to fulfill the duty imposed by 
subsection (a) of this section (within the meaning of paragraph (1) of 
this subsection).

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 271, 66 Stat. 226; Pub. 
L. 99-603, title I, Sec. 114, Nov. 6, 1986, 100 Stat. 3383; Pub. L. 101-
649, title V, Sec. 543(a)(8), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 
104-208, div. C, title III, Sec. 308(g)(1), Sept. 30, 1996, 110 Stat. 
3009-622.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-208 substituted ``section 1223'' for 
``section 1228''.
    1990--Subsec. (a). Pub. L. 101-649 substituted ``$3,000'' for 
``$1,000''.
    1986--Subsec. (c). Pub. L. 99-603 added subsec. (c).


                    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 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 1330, 1356 of this title.
