Title 8 — Aliens and Nationality
Part VIII · Chapter 12 — Immigration and Nationality
§ 1321. Prevention of unauthorized landing of aliens
Statutory text
Failure to report; penalties
It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in section 1223 of this title, bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crewman whose case is not covered by section 1284(a) of this title) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed by the Attorney General of $3,000 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accordance with such proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the appropriate United States court.
Prima facie evidence
Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers.
Liability of owners and operators of international bridges and toll roads
Any owner or operator of a railroad line, international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and reasonably to fulfill the duty imposed by subsection (a) shall not be liable for the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien.
At the request of any person described in paragraph (1), the Attorney General shall inspect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of complying with subsection (a). The Attorney General shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General determines is satisfactory for such purpose.
Proof that any person described in paragraph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is effective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) (within the meaning of paragraph (1) of this subsection).
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. § 1321
June 27, 1952, ch. 477, title II, ch. 8, § 271, 66 Stat. 226
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 8, § 271, 66 Stat. 226Pub. L. 99–603 title I § 114 · 100 Stat. 3359
Added · 8 U.S.C. § 1321(c)
Pub. L. 99–603 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–603 added subsec. (c).Enacted provision · exact public law section
SEC. 114. LIABILITY OF OWNERS AND OPERATORS OF INTERNATIONAL BRIDGES AND TOLL ROADS TO PREVENT THE UNAUTHORIZED LANDING OF ALIENS. Section 271 (8 U.S.C. 1321) is amended by inserting at the end the following new subsection: “(c) (1) Any owner or operator of a railroad line, international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and reasonably to fulfill the duty imposed by subsection (a) shall not be liable for the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien. “(2) (A) At the request of any person described in paragraph (1), the Attorney General shall inspect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of complying with subsection (a). The Attorney General shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General determines is satisfactory for such purpose. “(B) Proof that any person described in paragraph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is effective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) (within the meaning of paragraph (1) of this subsection).”.Immigration Act of 1990
Pub. L. 101–649 title V § 543(a)(8) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1321(a)
Pub. L. 101–649 substituted “$3,000” for “$1,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–649 substituted “$3,000” for “$1,000”.Enacted provision · exact public law section
(8) Duty to prevent unauthorized entries.— Section 271(a) (8 U.S.C. 1321) is amended by striking “$1,000” and inserting “$3,000”.Department of Education Appropriations Act, 1997
Pub. L. 104–208 div. C title III § 308(g)(1) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1321(a)
Pub. L. 104–208 substituted “section 1223” for “section 1228”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–208 substituted “section 1223” for “section 1228”.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.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1986–1996 · 3 rounds
1996
Subsec. (a). Pub. L. 104–208 substituted “section 1223” for “section 1228”.
1990
Subsec. (a). Pub. L. 101–649 substituted “$3,000” for “$1,000”.
1986
Subsec. (c). Pub. L. 99–603 added subsec. (c).
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 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
- 1952June 27, 1952, ch. 477, title II, ch. 8, § 271, 66 Stat. 226
- 1986Pub. L. 99–603, title I, § 114, , 100 Stat. 3383
- 1990Pub. L. 101–649, title V, § 543(a)(8), , 104 Stat. 5058
- 1996Pub. L. 104–208, div. C, title III, § 308(g)(1), , 110 Stat. 3009–622.
Show as published
(June 27, 1952, ch. 477, title II, ch. 8, § 271, 66 Stat. 226; Pub. L. 99–603, title I, § 114, , 100 Stat. 3383; Pub. L. 101–649, title V, § 543(a)(8), , 104 Stat. 5058; Pub. L. 104–208, div. C, title III, § 308(g)(1), , 110 Stat. 3009–622.)