
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: 8USC1322]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions
 
Sec. 1322. Bringing in aliens subject to denial of admission on 
        a health-related ground; persons liable; clearance papers; 
        exceptions; ``person'' defined
        
    (a) Any person who shall bring to the United States an alien (other 
than an alien crewman) who is inadmissible under section 1182(a)(1) of 
this title shall pay to the Commissioner for each and every alien so 
afflicted the sum of $3,000 unless (1) the alien was in possession of a 
valid, unexpired immigrant visa, or (2) the alien was allowed to land in 
the United States, or (3) the alien was in possession of a valid 
unexpired nonimmigrant visa or other document authorizing such alien to 
apply for temporary admission to the United States or an unexpired 
reentry permit issued to him, and (A) such application was made within 
one hundred and twenty days of the date of issuance of the visa or other 
document, or in the case of an alien in possession of a reentry permit, 
within one hundred and twenty days of the date on which the alien was 
last examined and admitted by the Service, or (B) in the event the 
application was made later than one hundred and twenty days of the date 
of issuance of the visa or other document or such examination and 
admission, if such person establishes to the satisfaction of the 
Attorney General that the existence of the condition causing 
inadmissibility could not have been detected by the exercise of due 
diligence prior to the alien's embarkation.
    (b) No vessel or aircraft shall be granted clearance papers pending 
determination of the question of liability to the payment of any fine 
under this section, or while the fines remain unpaid, nor shall such 
fines be remitted or refunded; but clearance may be granted prior to the 
determination of such question upon the deposit of a sum sufficient to 
cover such fines or of a bond with sufficient surety to secure the 
payment thereof, approved by the Commissioner.
    (c) Nothing contained in this section shall be construed to subject 
transportation companies to a fine for bringing to ports of entry in the 
United States aliens who are entitled by law to exemption from the 
provisions of section 1182(a) of this title.
    (d) As used in this section, the term ``person'' means the owner, 
master, agent, commanding officer, charterer, or consignee of any vessel 
or aircraft.

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 272, 66 Stat. 226; Pub. 
L. 89-236, Sec. 18, Oct. 3, 1965, 79 Stat. 920; Pub. L. 101-649, title 
V, Sec. 543(a)(9), title VI, Sec. 603(a)(15), Nov. 29, 1990, 104 Stat. 
5058, 5083; Pub. L. 102-232, title III, Sec. 307(l)(7), Dec. 12, 1991, 
105 Stat. 1757; Pub. L. 103-416, title II, Sec. 219(o), Oct. 25, 1994, 
108 Stat. 4317; Pub. L. 104-208, div. C, title III, Sec. 308(d)(3)(A), 
(4)(I)(i), Sept. 30, 1996, 110 Stat. 3009-617, 3009-618.)


                               Amendments

    1996--Pub. L. 104-208, Sec. 308(d)(4)(I)(i)(I), amended section 
catchline.
    Subsec. (a). Pub. L. 104-208, Sec. 308(d)(3)(A), (4)(I)(i)(II), 
substituted ``inadmissible'' for ``excludable'' and ``condition causing 
inadmissibility'' for ``excluding condition''.
    Subsec. (c). Pub. L. 104-208, Sec. 308(d)(4)(I)(i)(III), struck out 
``excluding'' after ``exemption from the''.
    1994--Subsec. (a). Pub. L. 103-416 struck out comma after ``every 
alien so afflicted''.
    1991--Subsec. (a). Pub. L. 102-232 struck out comma before ``shall 
pay''.
    1990--Pub. L. 101-649, Sec. 603(a)(15)(D), substituted ``exclusion 
on a health-related ground'' for ``disability or afflicted with 
disease'' in section catchline.
    Subsec. (a). Pub. L. 101-649, Sec. 603(a)(15)(A), substituted 
``excludable under section 1182(a)(1) of this title'' for ``(1) mentally 
retarded, (2) insane, (3) afflicted with psychopathic personality, or 
with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any 
dangerous contagious disease, or (6) a narcotic drug addict'' and ``the 
excluding condition'' for ``such disease or disability''.
    Pub. L. 101-649, Sec. 543(a)(9)(A), substituted ``Commissioner'' for 
``collector of customs of the customs district in which the place of 
arrival is located'' and ``$3,000'' for ``$1,000''.
    Subsec. (b). Pub. L. 101-649, Sec. 603(a)(15)(B), (C), redesignated 
subsec. (c) as (b) and struck out former subsec. (b) which read as 
follows: ``Any person who shall bring to the United States an alien 
(other than an alien crewman) afflicted with any mental defect other 
than those enumerated in subsection (a) of this section, or any physical 
defect of a nature which may affect his ability to earn a living, as 
provided in section 1182(a)(7) of this title, shall pay to the 
Commissioner for each and every alien so afflicted, the sum of $3,000, 
unless (1) the alien was in possession of a valid, unexpired immigrant 
visa, or (2) the alien was allowed to land in the United States, or (3) 
the alien was in possession of a valid unexpired nonimmigrant visa or 
other document authorizing such alien to apply for temporary admission 
to the United States or an unexpired reentry permit issued to him, and 
(A) such application was made within one hundred and twenty days of the 
date of issuance of the visa or other document, or in the case of an 
alien in possession of a reentry permit, within one hundred and twenty 
days of the date on which the alien was last examined and admitted by 
the Service, or (B) in the event the application was made later than one 
hundred and twenty days of the date of issuance of the visa or other 
document or such examination and admission, if such person establishes 
to the satisfaction of the Attorney General that the existence of such 
disease or disability could not have been detected by the exercise of 
due diligence prior to the alien's embarkation.''
    Pub. L. 101-649, Sec. 543(a)(9)(B), substituted ``Commissioner'' for 
``collector of customs of the customs district in which the place of 
arrival is located'' and ``$3,000'' for ``$250''.
    Subsec. (c). Pub. L. 101-649, Sec. 603(a)(15)(C), redesignated 
subsec. (d) as (c). Former subsec. (c) redesignated (b).
    Pub. L. 101-649, Sec. 543(a)(9)(C), substituted ``Commissioner'' for 
``collector of customs''.
    Subsecs. (d), (e). Pub. L. 101-649, Sec. 603(a)(15)(C), redesignated 
subsec. (e) as (d). Former subsec. (d) redesignated (c).
    1965--Subsec. (a). Pub. L. 89-236 substituted ``mentally retarded'' 
for ``feeble-minded'', struck out references to epileptics and persons 
afflicted with tuberculosis and leprosy, and inserted reference to 
persons afflicted with sexual deviation.


                    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 1994 Amendment

    Amendment by Pub. L. 103-416 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this 
title.


                    Effective Date of 1991 Amendment

    Section 307(l) of Pub. L. 102-232 provided that the amendment made 
by that section is effective as if included in section 603(a) of the 
Immigration Act of 1990, Pub. L. 101-649.


                    Effective Date of 1990 Amendment

    Amendment by section 543(a)(9) of 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.
    Amendment by section 603(a)(15) of Pub. L. 101-649 applicable to 
individuals entering United States on or after June 1, 1991, see section 
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of 
this title.


                    Effective Date of 1965 Amendment

    Amendment by Pub. L. 89-236 effective, except as otherwise provided, 
on first day of first month after expiration of thirty days following 
date of enactment of Pub. L. 89-236, which was approved on Oct. 3, 1965, 
see section 20 of Pub. L. 89-236, set out as a note under section 1151 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1330 of this title.
