Skip to content

Title 8 — Aliens and Nationality

Part VIII · Chapter 12 — Immigration and Nationality

§ 1321. Prevention of unauthorized landing of aliens

Statutory text

(a)

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.

(b)

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.

(c)

Liability of owners and operators of international bridges and toll roads

(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).

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. § 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. 226

  2. Pub. 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).”.

  3. 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”.

  4. 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
  1. 1952June 27, 1952, ch. 477, title II, ch. 8, § 271, 66 Stat. 226
  2. 1986Pub. L. 99–603, title I, § 114, , 100 Stat. 3383
  3. 1990Pub. L. 101–649, title V, § 543(a)(8), , 104 Stat. 5058
  4. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc08.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t8/s1321