Title 8 — Aliens and Nationality
Part VI · Chapter 12 — Immigration and Nationality
§ 1282. Conditional permits to land temporarily
Statutory text
Period of time
No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and sections 1182(d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title and is otherwise admissible and has agreed to accept such permit, he may, in his discretion, grant the crewman a conditional permit to land temporarily pursuant to regulations prescribed by the Attorney General, subject to revocation in subsequent proceedings as provided in subsection (b), and for a period of time, in any event, not to exceed—
the period of time (not exceeding twenty-nine days) during which the vessel or aircraft on which he arrived remains in port, if the immigration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived;
twenty-nine days, if the immigration officer is satisfied that the crewman intends to depart, within the period for which he is permitted to land, on a vessel or aircraft other than the one on which he arrived; or
180 days, if the immigration officer determines that the crewman—
intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and
will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period.
Revocation; expenses of detention
Pursuant to regulations prescribed by the Attorney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the provisions of subsection (a)(1), take such crewman into custody, and require the master or commanding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be removed from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so removed, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in section 1229a of this title to cases falling within the provisions of this subsection.
Penalties
Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) shall be fined under title 18 or imprisoned not more than 6 months, or both.
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. § 1282
June 27, 1952, ch. 477, title II, ch. 6, § 252, 66 Stat. 220
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 6, § 252, 66 Stat. 220Immigration Act of 1990
Pub. L. 101–649 title V § 543(b)(1) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1282(c)
Pub. L. 101–649 substituted “shall be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months” for “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–649 substituted “shall be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months” for “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months”.Enacted provision · exact public law section
(1) Crew member overstaying.— Section 252(c) (8 U.S.C. 1282(c)) is amended by striking “shall be guilty” and all that follows through “six months” and inserting “shall be fined not more than $2,000 (or, if greater, the amount provided under title 18, United States Code) or imprisoned not more than 6 months”.Pub. L. 102–232 title III § 306(c)(3) · 105 Stat. 1733
Substituted · 8 U.S.C. § 1282(c)
Pub. L. 102–232 substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–232 substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”.Enacted provision · exact public law section
(3) Sections 252(c) and 275(a) of the INA, as amended by section 543(b) of the Immigration Act of 1990, are each amended by striking 8 USC 1282, 1325. “fined not more than” and all that follows through “United States Code)” and inserting “fined under title 18, United States Code,”.Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(g)(5)(A)(i) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1282(b)
Pub. L. 104–208, § 308(g)(5)(A)(i), substituted “section 1229a” for “section 1252”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted “section 1229a” for “section 1252”.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
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.Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(e)(2)(E) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1282(b)
Pub. L. 104–208, § 308(e)(2)(E), substituted “removed” for “deported” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–208, § 308(e)(2)(E), substituted “removed” for “deported” in two places.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
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.Energy Security and Lightering Independence Act of 2022
Pub. L. 117–360 § 3 · 136 Stat. 6292
Added · 8 U.S.C. § 1282(a)(3)
Pub. L. 117–360 added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 117–360 added par. (3).Enacted provision · exact public law section
SEC. 3. CONDITIONAL PERMITS TO LAND TEMPORARILY. Section 252(a) of the Immigration and Nationality Act (8 U.S.C. 1282(a)) is amended— (1) in paragraph (1), by striking “or” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(3) 180 days, if the immigration officer determines that the crewman— “(A) intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and “(B) will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period.” .
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1990–2023 · 4 rounds
2023
Subsec. (a)(3). Pub. L. 117–360 added par. (3).
1996
Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted “section 1229a” for “section 1252”.
Pub. L. 104–208, § 308(e)(2)(E), substituted “removed” for “deported” in two places.
1991
Subsec. (c). Pub. L. 102–232 substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”.
1990
Subsec. (c). Pub. L. 101–649 substituted “shall be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months” for “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months”.
Statutory Notes and Related Subsidiaries
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 , see section 309 of Pub. L. 104–208, 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 Pub. L. 101–649 applicable to actions taken after , see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
Rule of Construction
For purposes of amendment by Pub. L. 117–360, performance by crewmen of ship-to-ship liquid cargo transfer operations not to be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States, see section 4 of Pub. L. 117–360, 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.
Credits
1952–2023 · 5 acts
- 1952June 27, 1952, ch. 477, title II, ch. 6, § 252, 66 Stat. 220
- 1990Pub. L. 101–649, title V, § 543(b)(1), , 104 Stat. 5059
- 1991Pub. L. 102–232, title III, § 306(c)(3), , 105 Stat. 1752
- 1996Pub. L. 104–208, div. C, title III, § 308(e)(2)(E), (g)(5)(A)(i), , 110 Stat. 3009–620, 3009–623
- 2023Pub. L. 117–360, § 3, , 136 Stat. 6293.
Show as published
(June 27, 1952, ch. 477, title II, ch. 6, § 252, 66 Stat. 220; Pub. L. 101–649, title V, § 543(b)(1), , 104 Stat. 5059; Pub. L. 102–232, title III, § 306(c)(3), , 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(2)(E), (g)(5)(A)(i), , 110 Stat. 3009–620, 3009–623; Pub. L. 117–360, § 3, , 136 Stat. 6293.)