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Title 8 — Aliens and Nationality

Part VI · Chapter 12 — Immigration and Nationality

§ 1284. Control of alien crewmen

Statutory text

(a)

Penalties for failure

The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration officer at the expense of the airline, any alien crewman employed thereon until an immigration officer has completely inspected such alien crewman, including a physical examination by the medical examiner, or (2) to detain any alien crewman on board the vessel, or in the case of an aircraft at a place specified by an immigration officer at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such alien crewman under section 1282 of this title or unless an alien crewman has been permitted to land temporarily under section 1182(d)(5) or 1283 of this title for medical or hospital treatment, or (3) to remove such alien crewman if required to do so by an immigration officer, whether such removal requirement is imposed before or after the crewman is permitted to land temporarily under section 1182(d)(5), 1282, or 1283 of this title, shall pay to the Commissioner the sum of $3,000 for each alien crewman in respect to whom any such failure occurs. No such vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The Attorney General may, upon application in writing therefor, mitigate such penalty to not less than $500 for each alien crewman in respect of whom such failure occurs, upon such terms as he shall think proper.

(b)

Prima facie evidence against transportation line

Except as may be otherwise prescribed by regulations issued by the Attorney General, proof that an alien crewman did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the United States from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or remove such alien crewman.

(c)

Removal on other than arriving vessel or aircraft; expenses

If the Attorney General finds that removal of an alien crewman under this section on the vessel or aircraft on which he arrived is impracticable or impossible, or would cause undue hardship to such alien crewman, he may cause the alien crewman to be removed from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the Attorney General finds this to be impracticable. All expenses incurred in connection with such removal, including expenses incurred in transferring an alien crewman from one place in the United States to another under such conditions and safeguards as the Attorney General shall impose, shall be paid by the owner or owners of the vessel or aircraft on which the alien arrived in the United States. The vessel or aircraft on which the alien arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satisfaction of the Attorney General. An alien crewman who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States.

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.

  1. Pub. L. 82–477 · 66 Stat. 609

    Enacted · 8 U.S.C. § 1284

    June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221

  2. Immigration Act of 1990

    Pub. L. 101–649 title V § 543(a)(4) · 104 Stat. 4978

    1. Substituted · 8 U.S.C. § 1284(a)

      Pub. L. 101–649 substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the orders of the officer occurs the sum of $1,000”

    2. Substituted · 8 U.S.C. § 1284(a)

      Pub. L. 101–649 substituted “$500” for “$200”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–649 substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the orders of the officer occurs the sum of $1,000” and “$500” for “$200”.

    Enacted provision · exact public law section
    (4) Failure to control crew.— Section 254(a) (8 U.S.C. 1284(a)) is amended— (A) in the first sentence, by striking “collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the orders of the officer occurs the sum of $1,000” and inserting “Commissioner the sum of $3,000”, and (B) in the third sentence by striking “$200” and inserting “$500”.

  3. Pub. L. 102–232 title III § 306(c)(4)(C) · 105 Stat. 1733

    Substituted · 8 U.S.C. § 1284(a)

    Pub. L. 102–232 substituted “Commissioner” for “collector of customs” before period at end of penultimate sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–232 substituted “Commissioner” for “collector of customs” before period at end of penultimate sentence.

    Enacted provision · exact public law section
    (C) The second sentence of section 254(a) of the INA is amended by 8 USC 1284. striking “collector of customs” and inserting “Commissioner”.

  4. Department of Education Appropriations Act, 1997

    Pub. L. 104–208 div. C title III § 308(e)(1)(I) · 110 Stat. 3009

    1. Substituted · 8 U.S.C. § 1284

      Pub. L. 104–208 substituted “remove” for “deport” in subsec. (c)

    2. Substituted · 8 U.S.C. § 1284

      Pub. L. 104–208 substituted “removal” for “deportation” in subsec. (c)

    3. Substituted · 8 U.S.C. § 1284

      Pub. L. 104–208 substituted “removed” for “deported” in subsec. (c)

    Source evidence

    Code amendment note
    Pub. L. 104–208 substituted “remove” for “deport” in subsecs. (a) and (b), “removal” for “deportation” wherever appearing in subsecs. (a) and (c), and “removed” for “deported” in subsec. (c).

    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.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1990–1996 · 3 rounds

1996

Pub. L. 104–208 substituted “remove” for “deport” in subsecs. (a) and (b), “removal” for “deportation” wherever appearing in subsecs. (a) and (c), and “removed” for “deported” in subsec. (c).

1991

Subsec. (a). Pub. L. 102–232 substituted “Commissioner” for “collector of customs” before period at end of penultimate sentence.

1990

Subsec. (a). Pub. L. 101–649 substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the orders of the officer occurs the sum of $1,000” and “$500” for “$200”.

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.

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

1952–1996 · 4 acts
  1. 1952June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221
  2. 1990Pub. L. 101–649, title V, § 543(a)(4), , 104 Stat. 5058
  3. 1991Pub. L. 102–232, title III, § 306(c)(4)(C), , 105 Stat. 1752
  4. 1996Pub. L. 104–208, div. C, title III, § 308(e)(1)(I), (2)(F), (12), , 110 Stat. 3009–619, 3009–620.
Show as published

(June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221; Pub. L. 101–649, title V, § 543(a)(4), , 104 Stat. 5058; Pub. L. 102–232, title III, § 306(c)(4)(C), , 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(1)(I), (2)(F), (12), , 110 Stat. 3009–619, 3009–620.)

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