§ 1324. Bringing in and harboring certain aliens

Footnotes

1. 1 So in original. Probably should be “clause”.

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. § 1324

   June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228

2. 1978

   Pub. L. 95–582 § 2 · 92 Stat. 2479

   1. Added · 8 U.S.C. § 1324(b); 8 U.S.C. § 1324(c)

      Pub. L. 95–582 added subsec. (b)

   2. Redesignated · 8 U.S.C. § 1324(b); 8 U.S.C. § 1324(c)

      Pub. L. 95–582 redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 95–582 added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   Sec. 2. Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended by redesignating subsection (b) as subsection (c) and adding a new subsection (b) as follows: “(b) (1) Any vessel, vehicle, or aircraft which is used in the commission Seizure and forfeiture, exceptions. of a violation of subsection (a) shall be subject to seizure and forfeiture, except when— “(A) the owner, master, or other person in charge of such vessel, vehicle, or aircraft, was not, at the time of the alleged illegal act, a consenting party or privy thereto; or “(B) the alleged illegal act occurred while such vessel, vehicle, or aircraft was in the illegal possession of any person other than the owner, as established by the criminal laws of the United States, or of any States. “(2) The Attorney General shall, within one hundred and eighty Regulations. days from the date of enactment of this Act, promulgate regulations setting forth procedures for the expeditious return to the owner, master, or other person in charge of any vessel, vehicle, or aircraft seized in violation of paragraph (1). In any such case, the owner, master, or other person in charge of such vessel, vehicle, or aircraft shall not incur any expenses, including costs of transportation, storage, damage, and attorney fees, associated with such seizure and forfeiture. In the case of a vehicle seized and forfeited pursuant to paragraph (1) subject to a valid lien or other third-party interest, the regulations shall provide for satisfaction of the third party interest without expense to the interestholder. “(3) Any conveyance subject to seizure under this section may be seized without a warrant if there is probable cause to believe the conveyance has been used in violation of subsection (a) and circumstances exist where a warrant is not constitutionally required. “(4) All provisions of law relating to the seizure, forfeiture, and disposition of vessels, vehicles, and aircraft for violations of customs law shall apply to violations of the provisions of this chapter: Provided, That— “(A) duties imposed on customs officers or other persons regarding the seizure of such conveyances under customs law shall apply to seizures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General; and “(B) proceedings instituted under this subsection respecting vessels shall be subject to the Supplemental Rules of Certain Admiralty and Maritime Claims.”.

3. 1981

   Immigration and Nationality Act Amendments of 1981

   Pub. L. 97–116 § 12 · 95 Stat. 1611

   Struck · 8 U.S.C. § 1324(b)

   Pub. L. 97–116 strengthened the seizure and forfeiture authority by striking out the “innocent owner” exemption and merely requiring the Government to show probable cause that the conveyance seized has been used to illegally transport aliens, which when demonstrated, shifts the burden of proof to the owner or claimant to show by a preponderance of the evidence that the conveyance was not illegally used, by relieving the Government of the obligation to pay any administrative and incidental costs incurred by a successful claimant provided probable cause for the original seizure was demonstrated, and by striking out the requirement that the Government satisfy any valid lien or third party interest in the conveyance without expense to the interest holder by providing the lienholders interest be satisfied only after costs associated with the seizure have been deducted

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–116 strengthened the seizure and forfeiture authority by striking out the “innocent owner” exemption and merely requiring the Government to show probable cause that the conveyance seized has been used to illegally transport aliens, which when demonstrated, shifts the burden of proof to the owner or claimant to show by a preponderance of the evidence that the conveyance was not illegally used, by relieving the Government of the obligation to pay any administrative and incidental costs incurred by a successful claimant provided probable cause for the original seizure was demonstrated, and by striking out the requirement that the Government satisfy any valid lien or third party interest in the conveyance without expense to the interest holder by providing the lienholders interest be satisfied only after costs associated with the seizure have been deducted.

   Enacted provision · exact public law section
   Sec. 12. Subsection (b) of section 274 (8 U.S.C. 1324) is amended to Conveyances used in customs laws violation. read as follows: “(b) (1) Any conveyance, including any vessel, vehicle, or aircraft, which is used in the commission of a violation of subsection (a) shall be subject to seizure and forfeiture, except that— “(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to the illegal act; and “(B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any State. “(2) Any conveyance subject to seizure under this section may be seized without warrant if there is probable cause to believe the conveyance has been used in a violation of subsection (a) and circumstances exist where a warrant is not constitutionally required. “(3) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for the violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof, except that duties imposed on customs officers or other persons regarding the seizure and forfeiture of conveyances under the customs laws shall be performed with respect to seizures and forfeitures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General. “(4) Whenever a conveyance is forfeited under this section the Attorney General may— “(A) retain the conveyance for official use; “(B) sell the conveyance, in which case the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; or “(C) require that the General Services Administration take custody of the conveyance and remove it for disposition in accordance with law. “(5) In all suits or actions brought for the forfeiture of any conveyance seized under this section, where the conveyance is claimed by any person, the burden of proof shall lie upon such claimant: Provided, That probable cause shall be first shown for the institution of such suit or action. In determining whether probable cause exists, any of the following shall be prima facie evidence that an alien involved in the alleged violation was not lawfully entitled to enter, or reside within, the United States: “(A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien was not lawfully entitled to enter, or reside within, the United States. “(B) Official records of the Service showing that the alien was not lawfully entitled to enter, or reside within, the United States. “(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien was not entitled to enter, or reside within, the United States.”.

4. 1986

   Pub. L. 99–603 § 112(a) · 100 Stat. 3359

   Amended · 8 U.S.C. § 1324(a)

   Pub. L. 99–603, § 112(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any person, including the owner, operator, pilot, master, commanding officer, agent, or consignee of any means of transportation who—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–603, § 112(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any person, including the owner, operator, pilot, master, commanding officer, agent, or consignee of any means of transportation who—

   “(1) brings into or lands in the United States, by any means of transportation or otherwise, or attempts, by himself or through another, to bring into or land in the United States, by any means of transportation or otherwise; “(2) knowing that he is in the United States in violation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto, transports, or moves, or attempts to transport or move, within the United States by means of transportation or otherwise, in furtherance of such violation of law; “(3) willfully or knowingly conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any place, including any building or any means of transportation; or “(4) willfully or knowingly encourages or induces, or attempts to encourage or induce, either directly or indirectly, the entry into the United States of— any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding five years, or both, for each alien in respect to whom any violation of this subsection occurs: Provided, however, That for the purposes of this section, employment (including the usual and normal practices incident to employment) shall not be deemed to constitute harboring.”

   Enacted provision · exact public law section
   (a) Criminal Penalties.— Subsection (a) of section 274 (8 U.S.C. 1324) is amended to read as follows: “(a) Criminal Penalties.— (1) Any person who— “(A) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; “(B) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; “(C) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; or “(D) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law, shall be fined in accordance with title 18, United States Code, imprisoned not more than five years, or both, for each alien in respect to whom any violation of this subsection occurs. “(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved— “(A) be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both; or “(B) in the case of— “(i) a second or subsequent offense, “(ii) an offense done for the purpose of commercial advantage or private financial gain, or “(iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.”.

5. 1986

   Pub. L. 99–603 § 112(b)(1) · 100 Stat. 3359

   1. Substituted · 8 U.S.C. § 1324(b)(1)

      Pub. L. 99–603, § 112(b)(1), (2), substituted “has been or is being used” for “is used” in provisions preceding subpar. (A)

   2. Substituted · 8 U.S.C. § 1324(b)(1)

      Pub. L. 99–603, § 112(b)(1), (2), substituted “seized and subject to” for “subject to seizure and” in provisions preceding subpar. (A)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–603, § 112(b)(1), (2), substituted “has been or is being used” for “is used” and “seized and subject to” for “subject to seizure and” in provisions preceding subpar. (A).

   Enacted provision · exact public law section
   (1) in paragraph (1) before subparagraph (A) by striking out “is used” and inserting in lieu thereof “has been or is being used”,

6. 1986

   Pub. L. 99–603 § 112(b)(3) · 100 Stat. 3359

   Inserted · 8 U.S.C. § 1324(b)(2)

   Pub. L. 99–603, § 112(b)(3), inserted “or is being” after “has been”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 99–603, § 112(b)(3), inserted “or is being” after “has been”.

   Enacted provision · exact public law section
   (3) by inserting “or is being” after “has been” in paragraph (2),

7. 1986

   Pub. L. 99–603 § 112(b)(4) · 100 Stat. 3359

   Substituted · 8 U.S.C. § 1324(b)(3)

   Pub. L. 99–603, § 112(b)(4), substituted “property” for “conveyances”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 99–603, § 112(b)(4), substituted “property” for “conveyances”.

   Enacted provision · exact public law section
   (4) by striking out “conveyances” in paragraph (3) and inserting in lieu thereof “property”,

8. 1986

   Pub. L. 99–603 § 112(b)(5) · 100 Stat. 3359

   1. Amended · 8 U.S.C. § 1324(b)(4)(C)

      Pub. L. 99–603, § 112(b)(5), as amended by Pub. L. 100–525, § 2(d)(2)(A)

   2. Inserted · 8 U.S.C. § 1324(b)(4)(C)

      Pub. L. 99–603, § 112(b)(5), as inserted “, or the Maritime Administration if appropriate under section 484(i) of title 40,”

   Source evidence

   Code amendment note
   Subsec. (b)(4)(C). Pub. L. 99–603, § 112(b)(5), as amended by Pub. L. 100–525, § 2(d)(2)(A), inserted “, or the Maritime Administration if appropriate under section 484(i) of title 40,”.

   Enacted provision · exact public law section
   (5) by inserting “, or the Federal Maritime Commission if appropriate under section 203(i) of the Federal Property and Administrative Services Act of 1949,” in paragraph (4)(C) after 40 USC 484. “General Services Administration”,

9. 1986

   Pub. L. 99–603 § 112(b)(6) · 100 Stat. 3359

   Added · 8 U.S.C. § 1324(b)(4)(D)

   Pub. L. 99–603, § 112(b)(6), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(4)(D). Pub. L. 99–603, § 112(b)(6), added subpar. (D).

   Enacted provision · exact public law section
   (6) in paragraph (4)— (A) by striking out “or” at the end of subparagraph (B), (B) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof “; or”, and (C) by inserting after such subparagraph the following new subparagraph: “(D) dispose of the conveyance in accordance with the terms and conditions of any petition of remission or mitigation of forfeiture granted by the Attorney General.”;

10. 1986

    Pub. L. 99–603 § 112(b)(7) · 100 Stat. 3359

    1. Amended · 8 U.S.C. § 1324(b)(5)

       Pub. L. 99–603, § 112(b)(7)–(9), as amended by Pub. L. 100–525, § 2(d)(2)(B)

    2. Substituted · 8 U.S.C. § 1324(b)(5)

       Pub. L. 99–603, § 112(b)(7)–(9), as substituted “, except that” for “: Provided, That” in provisions preceding subpar. (A)

    3. Substituted · 8 U.S.C. § 1324(b)(5)

       Pub. L. 99–603, § 112(b)(7)–(9), as substituted “had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law” for “was not lawfully entitled to enter, or reside within, the United States” wherever appearing

    4. Inserted · 8 U.S.C. § 1324(b)(5)

       Pub. L. 99–603, § 112(b)(7)–(9), as inserted “or of the Department of State” in subpar. (B)

    5. Substituted · 8 U.S.C. § 1324(b)(5)

       Pub. L. 99–603, § 112(b)(7)–(9), as substituted “had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law” for “was not entitled to enter, or reside within, the United States” in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 99–603, § 112(b)(7)–(9), as amended by Pub. L. 100–525, § 2(d)(2)(B), substituted “, except that” for “: Provided, That” in provisions preceding subpar. (A), substituted “had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law” for “was not lawfully entitled to enter, or reside within, the United States” wherever appearing, inserted “or of the Department of State” in subpar. (B), and substituted “had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law” for “was not entitled to enter, or reside within, the United States” in subpar. (C).

    Enacted provision · exact public law section
    (7) by striking out “: Provided, That” in paragraph (5) and inserting in lieu thereof “, except that”,

11. 1988

    Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 2(d)(1) · 102 Stat. 2609

    1. Substituted · 8 U.S.C. § 1324(a)(1)

       Pub. L. 100–525, § 2(d)(1), in closing provisions substituted “or imprisoned” for “imprisoned”

    2. Substituted · 8 U.S.C. § 1324(a)(1)

       Pub. L. 100–525, § 2(d)(1), in closing provisions substituted “this paragraph” for “this subsection”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–525, § 2(d)(1), in closing provisions substituted “or imprisoned” for “imprisoned” and “this paragraph” for “this subsection”.

    Enacted provision · exact public law section
    (1) Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1), as amended by section 112(a) of IRCA, is amended— (A) by striking “this subsection” and inserting “this paragraph”, and (B) by inserting “or” after “Code,”.

12. 1988

    Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 2(d)(2) · 102 Stat. 2609

    Amended · 8 U.S.C. § 1324(b)(4)(C); 8 U.S.C. § 1324(b)(4)(5)

    Pub. L. 100–525, § 2(d)(2), amended Pub. L. 99–603, § 112(b)(5), (8). See 1986 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(4)(C), (5). Pub. L. 100–525, § 2(d)(2), amended Pub. L. 99–603, § 112(b)(5), (8). See 1986 Amendment note below.

    Enacted provision · exact public law section
    (2) Section 112(b) of IRCA is amended— (A) in paragraph (5)— (i) by striking “Federal Maritime Commission” and inserting “Maritime Administration”, and (ii) by inserting “(40 U.S.C. 484(i))” after “1949”; and (B) in paragraph (8)— (i) by inserting “(A)” after “(8)”, and (ii) by adding at the end the following new subparagraph: “(B) by striking out ‘was not entitled to enter, or reside within, the United States’ in paragraph (5)(C) and inserting in lieu thereof ‘had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law’, and”.

13. 1994

    Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60024(1)(F) · 108 Stat. 1796

    1. Amended · 8 U.S.C. § 1324(a)(1)

       Pub. L. 103–322, § 60024(1)(F), as amended by Pub. L. 104–208, § 671(a)(1)

    2. Substituted · 8 U.S.C. § 1324(a)(1)

       Pub. L. 103–322, § 60024(1)(F), as substituted “shall be punished as provided in subparagraph (B)” for “shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both, for each alien in respect to whom any violation of this paragraph occurs” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–322, § 60024(1)(F), as amended by Pub. L. 104–208, § 671(a)(1), substituted “shall be punished as provided in subparagraph (B)” for “shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both, for each alien in respect to whom any violation of this paragraph occurs” in concluding provisions.

    Enacted provision · exact public law section
    (F) by striking “shall be fined in accordance with title 18, or imprisoned not more than five years, or both, for each alien in respect to whom any violation of this paragraph occurs” and inserting “shall be punished as provided in subparagraph (B)”; and

14. 1994

    Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60024(1)(A) · 108 Stat. 1796

    1. Amended · 8 U.S.C. § 1324(a)(1)

       Pub. L. 103–322, § 60024(1)(A)–(E), (G), designated existing provisions of par. (1) as subpar. (A) of par. (1)

    2. Redesignated · 8 U.S.C. § 1324(a)(1)

       Pub. L. 103–322, § 60024(1)(A)–(E), (G), redesignated subpars. (A) to (D) of former par. (1) as cls. (i) to (iv), respectively, of subpar. (A)

    3. Added · 8 U.S.C. § 1324(a)(1)

       Pub. L. 103–322, § 60024(1)(A)–(E), (G), added subpar. (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60024(1)(A)–(E), (G), designated existing provisions of par. (1) as subpar. (A) of par. (1), redesignated subpars. (A) to (D) of former par. (1) as cls. (i) to (iv), respectively, of subpar. (A), and added subpar. (B).

    Enacted provision · exact public law section
    (A) by striking “(1) Any person” and inserting “(1)(A) Any person”;

15. 1994

    Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60024(2) · 108 Stat. 1796

    Substituted · 8 U.S.C. § 1324(a)(2)(B)

    Pub. L. 103–322, § 60024(2), in concluding provisions, substituted “or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both.” for “or imprisoned not more than five years, or both”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 103–322, § 60024(2), in concluding provisions, substituted “or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both.” for “or imprisoned not more than five years, or both”.

    Enacted provision · exact public law section
    (2) in paragraph (2) by striking “or imprisoned not more than five years, or both” and inserting “or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both.”.

16. 1996

    Pub. L. 104–208 § 671(a)(1) · 110 Stat. 3009

    Changed · 8 U.S.C. § 1324(a)(1)

    Pub. L. 104–208, § 671(a)(1), made technical amendment to directory language of Pub. L. 103–322, § 60024(1)(F). See 1994 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–208, § 671(a)(1), made technical amendment to directory language of Pub. L. 103–322, § 60024(1)(F). See 1994 Amendment note below.

    Enacted provision · exact public law section
    (1) Section 60024(1)(F) of the Violent Crime Control and 8 USC 1324. Law Enforcement Act of 1994 (Public Law 103–322) (in this subsection referred to as “VCCLEA”) is amended by inserting “United States Code,” after “title 18,”.

17. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(b)(1) · 110 Stat. 3009

    Added · 8 U.S.C. § 1324(a)(1)(A)(v)

    Pub. L. 104–208, § 203(b)(1), which directed the amendment of subsec. (a)(1)(A) by adding cl. (v) at end, was executed by adding cl. (v) after cl. (iv), to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(v). Pub. L. 104–208, § 203(b)(1), which directed the amendment of subsec. (a)(1)(A) by adding cl. (v) at end, was executed by adding cl. (v) after cl. (iv), to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

18. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(a) · 110 Stat. 3009

    Inserted · 8 U.S.C. § 1324(a)(1)(B)(i)

    Pub. L. 104–208, § 203(a), (b)(2)(A), inserted “or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain” after “subparagraph (A)(i)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(i). Pub. L. 104–208, § 203(a), (b)(2)(A), inserted “or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain” after “subparagraph (A)(i)”.

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

19. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(b)(2)(B) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1324(a)(1)(B)(ii)

    Pub. L. 104–208, § 203(b)(2)(B), substituted “(iv), or (v)(II)” for “or (iv)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(ii). Pub. L. 104–208, § 203(b)(2)(B), substituted “(iv), or (v)(II)” for “or (iv)”.

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

20. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(b)(2)(C) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1324(a)(1)(B)(iii); 8 U.S.C. § 1324(a)(1)(B)(iv)

    Pub. L. 104–208, § 203(b)(2)(C), (D), substituted “(iv), or (v)” for “or (iv)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(iii), (iv). Pub. L. 104–208, § 203(b)(2)(C), (D), substituted “(iv), or (v)” for “or (iv)”.

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

21. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(d) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1324(a)(2)

    Pub. L. 104–208, § 203(d), substituted “for each alien in respect to whom a violation of this paragraph occurs” for “for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 104–208, § 203(d), substituted “for each alien in respect to whom a violation of this paragraph occurs” for “for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

22. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(b)(3) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1324(a)(2)(B)

    Pub. L. 104–208, § 203(b)(3), in concluding provisions, substituted “be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.” for “be fined in accordance with title 18 or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both..”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 104–208, § 203(b)(3), in concluding provisions, substituted “be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.” for “be fined in accordance with title 18 or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both..”

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

23. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(c) · 110 Stat. 3009

    Amended · 8 U.S.C. § 1324(a)(2)(B)(i)

    Pub. L. 104–208, § 203(c), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “a second or subsequent offense,”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 104–208, § 203(c), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “a second or subsequent offense,”.

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

24. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 203(b)(4) · 110 Stat. 3009

    Added · 8 U.S.C. § 1324(a)(3)

    Pub. L. 104–208, § 203(b)(4), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 104–208, § 203(b)(4), added par. (3).

    Enacted provision · exact public law section
    Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

25. 1996

    Pub. L. 104–208 § 219 · 110 Stat. 3009

    Added · 8 U.S.C. § 1324(d)

    Pub. L. 104–208, § 219, added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–208, § 219, added subsec. (d).

    Enacted provision · exact public law section
    SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY. Section 274 (8 U.S.C. 1324) is amended by adding at the end thereof the following new subsection: “(d) Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.”.

26. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 18(a) · 114 Stat. 202

    1. Inserted · 8 U.S.C. § 1324(b)

       Pub. L. 106–185 inserted heading

    2. Amended · 8 U.S.C. § 1324(b)

       Pub. L. 106–185 amended text of subsec. (b) generally

    3. Substituted · 8 U.S.C. § 1324(b)

       Pub. L. 106–185 substituting present provisions for provisions relating to conveyances subject to seizure and forfeiture, exceptions, officers and authorized persons, disposition of forfeited conveyances, and suits and actions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–185 inserted heading and amended text of subsec. (b) generally, substituting present provisions for provisions relating to conveyances subject to seizure and forfeiture, exceptions, officers and authorized persons, disposition of forfeited conveyances, and suits and actions.

    Enacted provision · exact public law section
    (a) Amendment of the Immigration and Nationality Act.— Section 274(b) of the Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended to read as follows: “(b) Seizure and Forfeiture.— “(1) In general.— Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a), the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture. “(2) Applicable procedures.— Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General. “(3) Prima facie evidence in determinations of violations.— In determining whether a violation of subsection (a) has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law: “(A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law, “(B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. “(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.”.

    Effective date note
    Pub. L. 106–185, § 21, Apr. 25, 2000, 114 Stat. 225, provided that: “Except as provided in section 14(c) [set out as an Effective Date note under section 2466 of title 28, Judiciary and Judicial Procedure], this Act [see Short Title of 2000 Amendment note set out under section 981 of Title 18, Crimes and Criminal Procedure] and the amendments made by this Act shall apply to any forfeiture proceeding commenced on or after the date that is 120 days after the date of the enactment of this Act [Apr. 25, 2000].”

27. 2004

    Intelligence Reform and Terrorism Prevention Act of 2004

    Pub. L. 108–458 § 5401(a) · 118 Stat. 3638

    Added · 8 U.S.C. § 1324(a)(4)

    Pub. L. 108–458, § 5401(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 108–458, § 5401(a), added par. (4).

    Enacted provision · exact public law section
    (a) Criminal Penalties.— Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the following: “(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— “(A) the offense was part of an ongoing commercial organization or enterprise; “(B) aliens were transported in groups of 10 or more; and “(C) (i) aliens were transported in a manner that endangered their lives; or “(ii) the aliens presented a life-threatening health risk to people in the United States.” .

28. 2004

    Intelligence Reform and Terrorism Prevention Act of 2004

    Pub. L. 108–458 § 5401(b) · 118 Stat. 3638

    Added · 8 U.S.C. § 1324(e)

    Pub. L. 108–458, § 5401(b), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–458, § 5401(b), added subsec. (e).

    Enacted provision · exact public law section
    (b) Outreach Program.— Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as amended by subsection (a), is further amended by adding at the end the following: “(e) Outreach Program.— The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.” .

29. 2005

    Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006

    Pub. L. 109–97 title VII § 796 · 119 Stat. 2120

    Added · 8 U.S.C. § 1324(a)(1)(C)

    Pub. L. 109–97 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 109–97 added subpar. (C).

    Enacted provision · exact public law section
    Sec. 796. Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end the following: “(C) It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.” .

41 of 42 references resolved to an enrolled provision · 1 partial