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Title 8 — Aliens and Nationality

Part VIII · Chapter 12 — Immigration and Nationality

§ 1327. Aiding or assisting certain aliens to enter

Statutory text

Any person who knowingly aids or assists any alien inadmissible under section 1182(a)(2) (insofar as an alien inadmissible under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof) of this title to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be fined under title 18, or imprisoned not more than 10 years, or both.

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. § 1327

    June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat. 229

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat. 229

  2. National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

    Pub. L. 100–690 title VII § 7346(a) · 102 Stat. 4181

    1. Substituted · 8 U.S.C. § 1327

      Pub. L. 100–690 substituted “certain aliens” for “subversive alien” in section catchline

    2. Inserted · 8 U.S.C. § 1327

      Pub. L. 100–690 inserted “(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony),” after “1182(a)”

    Source evidence

    Code amendment note
    Pub. L. 100–690 substituted “certain aliens” for “subversive alien” in section catchline and inserted “(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony),” after “1182(a)”.

    Enacted provision · exact public law section
    (a) In General.— Section 277 (8 U.S.C. 1327) is amended by inserting “(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony),” immediately after “212(a)”.

  3. Immigration Act of 1990

    Pub. L. 101–649 § 603(a)(16) · 104 Stat. 4978

    Substituted · 8 U.S.C. § 1327

    Pub. L. 101–649, § 603(a)(16), substituted “1182(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof)” for “1182(a)(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony), (27), (28), or (29)”

    Source evidence

    Code amendment note
    Pub. L. 101–649, § 603(a)(16), substituted “1182(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof)” for “1182(a)(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony), (27), (28), or (29)”.

    Enacted provision · exact public law section
    (16) Section 277 (8 U.S.C. 1327) is amended by striking “212(a)(9)” and all that follows through “(29)” and inserting “212(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 212(a)(3) (other than subparagraph (E) thereof)”.

  4. Immigration Act of 1990

    Pub. L. 101–649 § 543(b)(4) · 104 Stat. 4978

    Substituted · 8 U.S.C. § 1327

    Pub. L. 101–649, § 543(b)(4), substituted “shall be fined under title 18, or imprisoned not more than 10 years” for “shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–649, § 543(b)(4), substituted “shall be fined under title 18, or imprisoned not more than 10 years” for “shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years”.

    Enacted provision · exact public law section
    (4) Aiding in entry of subversives.— Section 277 (8 U.S.C. 1327) is amended by striking “shall be guilty” and all that follows through “five years” and inserting “shall be fined under title 18, United States Code, or imprisoned not more than 10 years”.

  5. Department of Education Appropriations Act, 1997

    Pub. L. 104–208 div. C title III § 308(d)(3)(A) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1327

    Pub. L. 104–208 substituted “inadmissible” for “excludable” in two places

    Source evidence

    Code amendment note
    Pub. L. 104–208 substituted “inadmissible” for “excludable” in two places.

    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.

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

Editorial Notes

Amendments1988–1996 · 3 rounds

1996

Pub. L. 104–208 substituted “inadmissible” for “excludable” in two places.

1990

Pub. L. 101–649, § 603(a)(16), substituted “1182(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof)” for “1182(a)(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony), (27), (28), or (29)”.

Pub. L. 101–649, § 543(b)(4), substituted “shall be fined under title 18, or imprisoned not more than 10 years” for “shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years”.

1988

Pub. L. 100–690 substituted “certain aliens” for “subversive alien” in section catchline and inserted “(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony),” after “1182(a)”.

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 section 543(b)(4) of 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.

Amendment by section 603(a)(16) of Pub. L. 101–649 applicable to individuals entering United States on or after , see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.

Effective Date of 1988 Amendment

Pub. L. 100–690, title VII, § 7346(b), , 102 Stat. 4471, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any aid or assistance which occurs on or after the date of the enactment of this Act [].”

Credits

1952–1996 · 4 acts
  1. 1952June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat. 229
  2. 1988Pub. L. 100–690, title VII, § 7346(a), (c)(1), , 102 Stat. 4471
  3. 1990Pub. L. 101–649, title V, § 543(b)(4), title VI, § 603(a)(16), , 104 Stat. 5059, 5084
  4. 1996Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), , 110 Stat. 3009–617.
Show as published

(June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat. 229; Pub. L. 100–690, title VII, § 7346(a), (c)(1), , 102 Stat. 4471; Pub. L. 101–649, title V, § 543(b)(4), title VI, § 603(a)(16), , 104 Stat. 5059, 5084; Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), , 110 Stat. 3009–617.)

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