§ 1323. Unlawful bringing of aliens into 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. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1323

   June 27, 1952, ch. 477, title II, ch. 8, § 273, 66 Stat. 227

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 8, § 273, 66 Stat. 227

2. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 201(b)(1) · 104 Stat. 4978

   Inserted · 8 U.S.C. § 1323(a)

   Pub. L. 101–649, § 201(b)(1), inserted “a valid passport and” before “an unexpired visa”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–649, § 201(b)(1), inserted “a valid passport and” before “an unexpired visa”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “a valid passport and” before “an unexpired visa”, and

3. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 543(a)(10)(A) · 104 Stat. 4978

   Substituted · 8 U.S.C. § 1323(b)

   Pub. L. 101–649, § 543(a)(10)(A), substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located the sum of $1,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–649, § 543(a)(10)(A), substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located the sum of $1,000”.

   Enacted provision · exact public law section
   (A) in subsection (b), by striking “collector of customs of the customs district in which the port of arrival is located the sum of $1,000” and inserting “Commissioner the sum of $3,000”, and

4. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 201(b)(2) · 104 Stat. 4978

   Inserted · 8 U.S.C. § 1323(c)

   Pub. L. 101–649, § 201(b)(2), inserted “valid passport or” before “visa was required”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–649, § 201(b)(2), inserted “valid passport or” before “visa was required”.

   Enacted provision · exact public law section
   (2) in subsection (c), by inserting “valid passport or” before “visa was required”.

5. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 543(a)(10)(B) · 104 Stat. 4978

   1. Substituted · 8 U.S.C. § 1323(d)

      Pub. L. 101–649, § 543(a)(10)(B), substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located the sum of $1,000” in second sentence

   2. Substituted · 8 U.S.C. § 1323(d)

      Pub. L. 101–649, § 543(a)(10)(B), substituted “Commissioner” for “collector of customs” in second sentence

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–649, § 543(a)(10)(B), substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located the sum of $1,000” in first sentence and “Commissioner” for “collector of customs” in second sentence.

   Enacted provision · exact public law section
   (B) in subsection (d)— (i) in the first sentence, by striking “collector of customs of the customs district in which the port of arrival is located the sum of $1,000” and inserting “Commissioner the sum of $3,000”, and (ii) in the second sentence, by striking “collector of customs” and inserting “Commissioner”.

6. 1991

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

   Substituted · 8 U.S.C. § 1323(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (D) The second sentence of section 273(b) of the INA is amended by 8 USC 1323. striking “collector of customs” and inserting “Commissioner”.

7. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 § 219(p) · 108 Stat. 4305

   Substituted · 8 U.S.C. § 1323(b)

   Pub. L. 103–416, § 219(p), in first sentence substituted “Commissioner” for “collector of customs” before “to the alien”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–416, § 219(p), in first sentence substituted “Commissioner” for “collector of customs” before “to the alien”.

   Enacted provision · exact public law section
   (p) The first sentence of section 273(b) of the Immigration and Nationality Act (8 U.S.C. 1323(b)) is amended by striking “collector of customs” and inserting “Commissioner”.

   Effective date note
   Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

8. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 § 209(a)(1) · 108 Stat. 4305

   1. Amended · 8 U.S.C. § 1323(b)

      Pub. L. 103–416, § 209(a)(1), as amended by Pub. L. 104–208, § 671(b)(7)

   2. Substituted · 8 U.S.C. § 1323(b)

      Pub. L. 103–416, § 209(a)(1), as substituted “a fine of $3,000” for “the sum of $3,000”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–416, § 209(a)(1), as amended by Pub. L. 104–208, § 671(b)(7), substituted “a fine of $3,000” for “the sum of $3,000”.

   Enacted provision · exact public law section
   (1) in subsections (b) and (d) by striking “the sum of $3000” and inserting “a fine of $3,000” each place it appears;

   Effective date note
   Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

9. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 § 209(a)(2) · 108 Stat. 4305

   1. Substituted · 8 U.S.C. § 1323(b)

      Pub. L. 103–416, § 209(a)(2), (4), in first sentence substituted “an amount equal to” for “a sum equal to”

   2. Substituted · 8 U.S.C. § 1323(b)

      Pub. L. 103–416, § 209(a)(2), (4), in first sentence substituted “such latter fine” for “such latter sum”

   3. Substituted · 8 U.S.C. § 1323(b)

      Pub. L. 103–416, § 209(a)(2), (4), in first sentence substituted “such fine or while such fine” for “such sums or while such sums”

   4. Substituted · 8 U.S.C. § 1323(b)

      Pub. L. 103–416, § 209(a)(2), (4), in first sentence substituted “cover such fine” for “cover such sums”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–416, § 209(a)(2), (4), in first sentence substituted “an amount equal to” for “a sum equal to” and “such latter fine” for “such latter sum”, and in second sentence substituted “such fine or while such fine” for “such sums or while such sums” and “cover such fine” for “cover such sums”.

   Enacted provision · exact public law section
   (2) in the first sentence of subsection (b) by striking “a sum equal” and inserting “an amount equal”;

   Effective date note
   Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

10. 1994

    Immigration and Nationality Technical Corrections Act of 1994

    Pub. L. 103–416 § 209(a)(4) · 108 Stat. 4305

    Substituted · 8 U.S.C. § 1323(c)

    Pub. L. 103–416, § 209(a)(4), (5), substituted “Except as provided in subsection (e), such fine” for “Such sums”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–416, § 209(a)(4), (5), substituted “Except as provided in subsection (e), such fine” for “Such sums”.

    Enacted provision · exact public law section
    (4) by striking “sum” and “sums” each place either appears and inserting “fine”;

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

11. 1994

    Immigration and Nationality Technical Corrections Act of 1994

    Pub. L. 103–416 § 216 · 108 Stat. 4305

    Amended · 8 U.S.C. § 1323(d)

    Pub. L. 103–416, § 216, amended first sentence generally. Prior to amendment, first sentence read as follows: “The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside thereof who fails to detain on board or at such other place as may be designated by an immigration officer any alien stowaway until such stowaway has been inspected by an immigration officer, or who fails to detain such stowaway on board or at such other designated place after inspection if ordered to do so by an immigration officer, or who fails to deport such stowaway on the vessel or aircraft on which he arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which he arrived when required to do so by an immigration officer, shall pay to the Commissioner the sum of $3,000 for each alien stowaway, in respect of whom any such failure occurs.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–416, § 216, amended first sentence generally. Prior to amendment, first sentence read as follows: “The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside thereof who fails to detain on board or at such other place as may be designated by an immigration officer any alien stowaway until such stowaway has been inspected by an immigration officer, or who fails to detain such stowaway on board or at such other designated place after inspection if ordered to do so by an immigration officer, or who fails to deport such stowaway on the vessel or aircraft on which he arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which he arrived when required to do so by an immigration officer, shall pay to the Commissioner the sum of $3,000 for each alien stowaway, in respect of whom any such failure occurs.”

    Enacted provision · exact public law section
    SEC. 216. ELIMINATING OBLIGATION OF CARRIERS TO DETAIN STOWAWAYS. The first sentence of section 273(d) of the Immigration and Nationality Act (8 U.S.C. 1323(d)) is amended to read as follows: “The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stowaway arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration officer, shall pay to the Commissioner the sum of $3,000 for each alien stowaway, in respect of whom any such failure occurs.”.

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

12. 1994

    Immigration and Nationality Technical Corrections Act of 1994

    Pub. L. 103–416 § 209(a)(1) · 108 Stat. 4305

    Substituted · 8 U.S.C. § 1323(d)

    Pub. L. 103–416, § 209(a)(1), which directed that subsec. (d) be amended by substituting “a fine of $3,000” for “the sum of $3000”, was executed in the first sentence by making the substitution for “the sum of $3,000”, to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–416, § 209(a)(1), which directed that subsec. (d) be amended by substituting “a fine of $3,000” for “the sum of $3000”, was executed in the first sentence by making the substitution for “the sum of $3,000”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in subsections (b) and (d) by striking “the sum of $3000” and inserting “a fine of $3,000” each place it appears;

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

13. 1994

    Immigration and Nationality Technical Corrections Act of 1994

    Pub. L. 103–416 § 209(a)(3) · 108 Stat. 4305

    Substituted · 8 U.S.C. § 1323(d)

    Pub. L. 103–416, § 209(a)(3), in second sentence substituted “an amount” for “a sum” before “sufficient to cover such fine”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–416, § 209(a)(3), in second sentence substituted “an amount” for “a sum” before “sufficient to cover such fine”.

    Enacted provision · exact public law section
    (3) in the second sentence of subsection (d) by striking “a sum sufficient to cover such fine” and inserting “an amount sufficient to cover such fine”;

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

14. 1994

    Immigration and Nationality Technical Corrections Act of 1994

    Pub. L. 103–416 § 209(a)(6) · 108 Stat. 4305

    Added · 8 U.S.C. § 1323(e)

    Pub. L. 103–416, § 209(a)(6), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–416, § 209(a)(6), added subsec. (e).

    Enacted provision · exact public law section
    (6) by adding at the end the following new subsection: “(e) A fine under this section may be reduced, refunded, or waived under such regulations as the Attorney General shall prescribe in cases in which— “(1) the carrier demonstrates that it had screened all passengers on the vessel or aircraft in accordance with procedures prescribed by the Attorney General, or “(2) circumstances exist that the Attorney General determines would justify such reduction, refund, or waiver.”.

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

15. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(c)(3) · 110 Stat. 3009

    1. Amended · 8 U.S.C. § 1323(a)

       Pub. L. 104–208, § 308(c)(3), designated existing provisions as par. (1)

    2. Added · 8 U.S.C. § 1323(a)

       Pub. L. 104–208, § 308(c)(3), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–208, § 308(c)(3), designated existing provisions as par. (1) and added par. (2).

    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 section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

16. 1996

    Pub. L. 104–208 § 671(b)(7) · 110 Stat. 3009

    Changed · 8 U.S.C. § 1323(b)

    Pub. L. 104–208, § 671(b)(7), made technical amendment to directory language of Pub. L. 103–416, § 209(a)(1). See 1994 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–208, § 671(b)(7), made technical amendment to directory language of Pub. L. 103–416, § 209(a)(1). See 1994 Amendment note below.

    Enacted provision · exact public law section
    (7) Section 209(a)(1) of INTCA is amended by striking 8 USC 1323. “$3000” and inserting “$3,000”.

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

17. 1996

    Pub. L. 104–208 § 671(b)(6) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1323(b)

    Pub. L. 104–208, § 671(b)(6), substituted “remains” for “remain”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–208, § 671(b)(6), substituted “remains” for “remain”.

    Enacted provision · exact public law section
    (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by section 209(a) of INTCA, is amended by striking “remain” and inserting “remains”.

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

18. 1996

    Pub. L. 104–208 § 371(b)(8) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1323(d)

    Pub. L. 104–208, § 371(b)(8), substituted “immigration judges” for “special inquiry officers”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–208, § 371(b)(8), substituted “immigration judges” for “special inquiry officers”.

    Enacted provision · exact public law section
    (8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by section 308(e)(13) of this division.

    Effective date note
    Amendment by section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

19. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(e)(13) · 110 Stat. 3009

    Struck · 8 U.S.C. § 1323(d)

    Pub. L. 104–208, § 308(e)(13), struck out subsec. (d) which read as follows: “The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stowaway arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration officer, shall pay to the Commissioner a fine of $3,000 for each alien stowaway, in respect of whom any such failure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The provisions of section 1225 of this title for detention of aliens for examination before immigration judges and the right of appeal provided for in section 1226 of this title shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or removal or deportation of such alien from the United States.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–208, § 308(e)(13), struck out subsec. (d) which read as follows: “The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stowaway arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration officer, shall pay to the Commissioner a fine of $3,000 for each alien stowaway, in respect of whom any such failure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The provisions of section 1225 of this title for detention of aliens for examination before immigration judges and the right of appeal provided for in section 1226 of this title shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or removal or deportation of such alien from the United States.”

    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 section 308(c)(3), (e)(13) of 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. Amendment by section 371(b)(8) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(b)(6), (7) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

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