
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: 8USC1323]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions
 
Sec. 1323. Unlawful bringing of aliens into United States


(a) Persons liable

    (1) It shall be unlawful for any person, including any 
transportation company, or the owner, master, commanding officer, agent, 
charterer, or consignee of any vessel or aircraft, to bring to the 
United States from any place outside thereof (other than from foreign 
contiguous territory) any alien who does not have a valid passport and 
an unexpired visa, if a visa was required under this chapter or 
regulations issued thereunder.
    (2) It is unlawful for an owner, agent, master, commanding officer, 
person in charge, purser, or consignee of a vessel or aircraft who is 
bringing an alien (except an alien crewmember) to the United States to 
take any consideration to be kept or returned contingent on whether an 
alien is admitted to, or ordered removed from, the United States.

(b) Evidence

    If it appears to the satisfaction of the Attorney General that any 
alien has been so brought, such person, or transportation company, or 
the master, commanding officer, agent, owner, charterer, or consignee of 
any such vessel or aircraft, shall pay to the Commissioner a fine of 
$3,000 for each alien so brought and, except in the case of any such 
alien who is admitted, or permitted to land temporarily, in addition, an 
amount equal to that paid by such alien for his transportation from the 
initial point of departure, indicated in his ticket, to the port of 
arrival, such latter fine to be delivered by the Commissioner to the 
alien on whose account the assessment is made. No vessel or aircraft 
shall be granted clearance pending the determination of the liability to 
the payment of such fine or while such fine remains unpaid, except that 
clearance may be granted prior to the determination of such question 
upon the deposit of an amount sufficient to cover such fine, or of a 
bond with sufficient surety to secure the payment thereof approved by 
the Commissioner.

(c) Remission or refund

    Except as provided in subsection (e) of this section, such fine 
shall not be remitted or refunded, unless it appears to the satisfaction 
of the Attorney General that such person, and the owner, master, 
commanding officer, agent, charterer, and consignee of the vessel or 
aircraft, prior to the departure of the vessel or aircraft from the last 
port outside the United States, did not know, and could not have 
ascertained by the exercise of reasonable diligence, that the individual 
transported was an alien and that a valid passport or visa was required.

(d) Repealed. Pub. L. 104-208, div. C, title III, Sec. 308(e)(13), Sept. 
        30, 1996, 110 Stat. 3009-620

(e) Reduction, refund, or waiver

    A fine under this section may be reduced, refunded, or waived under 
such regulations as the Attorney General shall prescribe in cases in 
which--
        (1) the carrier demonstrates that it had screened all passengers 
    on the vessel or aircraft in accordance with procedures prescribed 
    by the Attorney General, or
        (2) circumstances exist that the Attorney General determines 
    would justify such reduction, refund, or waiver.

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 273, 66 Stat. 227; Pub. 
L. 101-649, title II, Sec. 201(b), title V, Sec. 543(a)(10), Nov. 29, 
1990, 104 Stat. 5014, 5058; Pub. L. 102-232, title III, 
Sec. 306(c)(4)(D), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103-416, title 
II, Secs. 209(a), 216, 219(p), Oct. 25, 1994, 108 Stat. 4312, 4315, 
4317; Pub. L. 104-208, div. C, title III, Secs. 308(c)(3), (e)(13), 
371(b)(8), title VI, Sec. 671(b)(6), (7), Sept. 30, 1996, 110 Stat. 
3009-616, 3009-620, 3009-645, 3009-722.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-208, Sec. 308(c)(3), designated 
existing provisions as par. (1) and added par. (2).
    Subsec. (b). Pub. L. 104-208, Sec. 671(b)(7), made technical 
amendment to directory language of Pub. L. 103-416, Sec. 209(a)(1). See 
1994 Amendment note below.
    Pub. L. 104-208, Sec. 671(b)(6), substituted ``remains'' for 
``remain''.
    Subsec. (d). Pub. L. 104-208, Sec. 371(b)(8), substituted 
``immigration judges'' for ``special inquiry officers''.
    Pub. L. 104-208, Sec. 308(e)(13), struck out subsec. (d) which read 
as follows: ``The owner, charterer, agent, consignee, commanding 
officer, or master of any vessel or aircraft arriving at the United 
States from any place outside the United States who fails to deport any 
alien stowaway on the vessel or aircraft on which such stowaway arrived 
or on another vessel or aircraft at the expense of the vessel or 
aircraft on which such stowaway arrived when required to do so by an 
immigration officer, shall pay to the Commissioner a fine of $3,000 for 
each alien stowaway, in respect of whom any such failure occurs. Pending 
final determination of liability for such fine, no such vessel or 
aircraft shall be granted clearance, except that clearance may be 
granted upon the deposit of an amount sufficient to cover such fine, or 
of a bond with sufficient surety to secure the payment thereof approved 
by the Commissioner. The provisions of section 1225 of this title for 
detention of aliens for examination before immigration judges and the 
right of appeal provided for in section 1226 of this title shall not 
apply to aliens who arrive as stowaways and no such alien shall be 
permitted to land in the United States, except temporarily for medical 
treatment, or pursuant to such regulations as the Attorney General may 
prescribe for the ultimate departure or removal or deportation of such 
alien from the United States.''
    1994--Subsec. (b). Pub. L. 103-416, Sec. 219(p), in first sentence 
substituted ``Commissioner'' for ``collector of customs'' before ``to 
the alien''.
    Pub. L. 103-416, Sec. 209(a)(1), as amended by Pub. L. 104-208, 
Sec. 671(b)(7), substituted ``a fine of $3,000'' for ``the sum of 
$3,000''.
    Pub. L. 103-416, Sec. 209(a)(2), (4), in first sentence substituted 
``an amount equal to'' for ``a sum equal to'' and ``such latter fine'' 
for ``such latter sum'', and in second sentence substituted ``such fine 
or while such fine'' for ``such sums or while such sums'' and ``cover 
such fine'' for ``cover such sums''.
    Subsec. (c). Pub. L. 103-416, Sec. 209(a)(4), (5), substituted 
``Except as provided in subsection (e) of this section, such fine'' for 
``Such sums''.
    Subsec. (d). Pub. L. 103-416, Sec. 216, amended first sentence 
generally. Prior to amendment, first sentence read as follows: ``The 
owner, charterer, agent, consignee, commanding officer, or master of any 
vessel or aircraft arriving at the United States from any place outside 
thereof who fails to detain on board or at such other place as may be 
designated by an immigration officer any alien stowaway until such 
stowaway has been inspected by an immigration officer, or who fails to 
detain such stowaway on board or at such other designated place after 
inspection if ordered to do so by an immigration officer, or who fails 
to deport such stowaway on the vessel or aircraft on which he arrived or 
on another vessel or aircraft at the expense of the vessel or aircraft 
on which he arrived when required to do so by an immigration officer, 
shall pay to the Commissioner the sum of $3,000 for each alien stowaway, 
in respect of whom any such failure occurs.''
    Pub. L. 103-416, Sec. 209(a)(1), which directed that subsec. (d) be 
amended by substituting ``a fine of $3,000'' for ``the sum of $3000'', 
was executed in the first sentence by making the substitution for ``the 
sum of $3,000'', to reflect the probable intent of Congress.
    Pub. L. 103-416, Sec. 209(a)(3), in second sentence substituted ``an 
amount'' for ``a sum'' before ``sufficient to cover such fine''.
    Subsec. (e). Pub. L. 103-416, Sec. 209(a)(6), added subsec. (e).
    1991--Subsec. (b). Pub. L. 102-232 substituted ``Commissioner'' for 
``collector of customs'' before period at end of second sentence.
    1990--Subsec. (a). Pub. L. 101-649, Sec. 201(b)(1), inserted ``a 
valid passport and'' before ``an unexpired visa''.
    Subsec. (b). Pub. L. 101-649, Sec. 543(a)(10)(A), substituted 
``Commissioner the sum of $3,000'' for ``collector of customs of the 
customs district in which the port of arrival is located the sum of 
$1,000''.
    Subsec. (c). Pub. L. 101-649, Sec. 201(b)(2), inserted ``valid 
passport or'' before ``visa was required''.
    Subsec. (d). Pub. L. 101-649, Sec. 543(a)(10)(B), substituted 
``Commissioner the sum of $3,000'' for ``collector of customs of the 
customs district in which the port of arrival is located the sum of 
$1,000'' in first sentence and ``Commissioner'' for ``collector of 
customs'' in second sentence.


                    Effective Date of 1996 Amendment

    Amendment by section 308(c)(3), (e)(13) of 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.
    Amendment by section 371(b)(8) of Pub. L. 104-208 effective Sept. 
30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a note 
under section 1101 of this title.
    Amendment by section 671(b)(6), (7) of Pub. L. 104-208 effective as 
if included in the enactment of the Immigration and Nationality 
Technical Corrections Act of 1994, Pub. L. 103-416, see section 
671(b)(14) of Pub. L. 104-208, set out as a note under section 1101 of 
this title.


                    Effective Date of 1994 Amendment

    Section 209(b) of Pub. L. 103-416, as amended by Pub. L. 104-208, 
div. C, title VI, Sec. 671(b)(8), Sept. 30, 1996, 110 Stat. 3009-722, 
provided that: ``The amendments made by this section [amending this 
section] shall apply with respect to aliens brought to the United States 
more than 60 days after the date of enactment of this Act [Oct. 25, 
1994].''
    Amendment by section 219(p) of 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

    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 section 543(a)(10) 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1201, 1330, 1356 of this 
title.
