Title 8 — Aliens and Nationality
Part VI · Chapter 12 — Immigration and Nationality
§ 1281. Alien crewmen
Statutory text
Arrival; submission of list; exceptions
Upon arrival of any vessel or aircraft in the United States from any place outside the United States it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof to deliver to an immigration officer at the port of arrival (1) a complete, true, and correct list containing the names of all aliens employed on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively shipped or engaged, and those to be paid off or discharged in the port of arrival; or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
Reports of illegal landings
It shall be the duty of any owner, agent, consignee, master, or commanding officer of any vessel or aircraft to report to an immigration officer, in writing, as soon as discovered, all cases in which any alien crewman has illegally landed in the United States from the vessel or aircraft, together with a description of such alien and any information likely to lead to his apprehension.
Departure; submission of list; exceptions
Before the departure of any vessel or aircraft from any port in the United States, it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof, to deliver to an immigration officer at that port (1) a list containing the names of all alien employees who were not employed thereon at the time of the arrival at that port but who will leave such port thereon at the time of the departure of such vessel or aircraft and the names of those, if any, who have been paid off or discharged, and of those, if any, who have deserted or landed at that port, or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
Violations
In case any owner, agent, consignee, master, or commanding officer shall fail to deliver complete, true, and correct lists or reports of aliens, or to report cases of desertion or landing, as required by subsections (a), (b), and (c), such owner, agent, consignee, master, or commanding officer, shall, if required by the Attorney General, pay to the Commissioner the sum of $200 for each alien concerning whom such lists are not delivered or such reports are not made as required in the preceding subsections. In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and service on board the vessel under section 1288 of this title, the owner, agent, consignee, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel. No such vessel or aircraft shall be granted clearance from any port at which it arrives pending the determination of the question of the liability to the payment of such fine, and if such fine is imposed, while it remains unpaid. No such fine shall be remitted or refunded. Clearance may be granted prior to the determination of such question upon deposit of a bond or a sum sufficient to cover such fine.
Regulations
The Attorney General is authorized to prescribe by regulations the circumstances under which a vessel or aircraft shall be deemed to be arriving in, or departing from the United States or any port thereof within the meaning of any provision of this part.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1281
June 27, 1952, ch. 477, title II, ch. 6, § 251, 66 Stat. 219
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 6, § 251, 66 Stat. 219Immigration Act of 1990
Pub. L. 101–649 title II § 203(b) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1281(d)
Pub. L. 101–649 substituted “pay to the Commissioner the sum of $200” for “pay to the collector of customs of any customs district in which the vessel or aircraft may at any time be found the sum of $10”
Inserted · 8 U.S.C. § 1281(d)
Pub. L. 101–649 inserted after first sentence “In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and service on board the vessel under section 1288 of this title, the owner, agent, charterer, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–649 substituted “pay to the Commissioner the sum of $200” for “pay to the collector of customs of any customs district in which the vessel or aircraft may at any time be found the sum of $10” and inserted after first sentence “In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and service on board the vessel under section 1288 of this title, the owner, agent, charterer, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel.”Enacted provision · exact public law section
(b) Penalties.— Section 251(d) (8 U.S.C. 1281(d)) is amended— (1) in the first sentence by striking “pay to” and all that follows through “$10” and inserting “pay to the Commissioner the sum of $200”; and (2) by inserting after the first sentence the following: “In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 101(a)(15)(D)(i) to perform longshore work not included in the normal operation and service on board the vessel under section 258, the owner, agent, charterer, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel.”.Effective date note
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.Pub. L. 102–232 title III § 303(a)(3) · 105 Stat. 1733
Substituted · 8 U.S.C. § 1281(d)
Pub. L. 102–232 substituted “consignee” for “charterer” after “the owner, agent,” in second sentence
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–232 substituted “consignee” for “charterer” after “the owner, agent,” in second sentence.Enacted provision · exact public law section
(3) The second sentence of section 251(d) of the INA, as inserted by section 203(b)(2) of the Immigration Act of 1990, is amended by 8 USC 1281. striking “charterer” and inserting “consignee”.Effective date note
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.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1990–1991 · 2 rounds
1991
Subsec. (d). Pub. L. 102–232 substituted “consignee” for “charterer” after “the owner, agent,” in second sentence.
1990
Subsec. (d). Pub. L. 101–649 substituted “pay to the Commissioner the sum of $200” for “pay to the collector of customs of any customs district in which the vessel or aircraft may at any time be found the sum of $10” and inserted after first sentence “In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and service on board the vessel under section 1288 of this title, the owner, agent, charterer, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel.”
Statutory Notes and Related Subsidiaries
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 services performed on or after 180 days after , see section 203(d) of Pub. L. 101–649, set out as a note under section 1101 of this title.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Inapplicability of Amendment by Pub. L. 101–649
Amendment by section 203(b) of Pub. L. 101–649 not to affect performance of longshore work in United States by citizens or nationals of United States, see section 203(a)(2) of Pub. L. 101–649, set out as a note under section 1288 of this title.
Credits
1952–1991 · 3 acts
- 1952June 27, 1952, ch. 477, title II, ch. 6, § 251, 66 Stat. 219
- 1990Pub. L. 101–649, title II, § 203(b), , 104 Stat. 5018
- 1991Pub. L. 102–232, title III, § 303(a)(3), , 105 Stat. 1746.
Show as published
(June 27, 1952, ch. 477, title II, ch. 6, § 251, 66 Stat. 219; Pub. L. 101–649, title II, § 203(b), , 104 Stat. 5018; Pub. L. 102–232, title III, § 303(a)(3), , 105 Stat. 1746.)