8 U.S. Code § 1281 - Alien crewmen
Upon arrival of any vessel or aircraft in theUnited States from any place outside theUnited States it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof to deliver to animmigration officer at the port of arrival (1) a complete, true, and correct list containing the names of all aliensemployed on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively shipped or engaged, and those to be paid off or discharged in the port of arrival; or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney Generalshall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney Generalmay require.
It shall be the duty of any owner, agent, consignee, master, or commanding officer of any vessel or aircraft to report to animmigration officer, in writing, as soon as discovered, all cases in which any alien crewmanhas illegally landed in the United Statesfrom the vessel or aircraft, together with a description of such alienand any information likely to lead to his apprehension.
Before the departure of any vessel or aircraft from any port in theUnited States, it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof, to deliver to animmigration officer at that port (1) a list containing the names of all alienemployees who were not employed thereon at the time of the arrival at that port but who will leave such port thereon at the time of the departure of such vessel or aircraft and the names of those, if any, who have been paid off or discharged, and of those, if any, who have deserted or landed at that port, or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney Generalshall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney Generalmay require.
In case any owner, agent, consignee, master, or commanding officer shall fail to deliver complete, true, and correct lists or reports ofaliens, or to report cases of desertion or landing, as required by subsections (a), (b), and (c), such owner, agent, consignee, master, or commanding officer, shall, if required by theAttorney General, pay to the Commissionerthe sum of $200 for each alienconcerning whom such lists are not delivered or such reports are not made as required in the preceding subsections. In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure servicesof an alien crewmandescribed insection 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and serviceon board the vessel undersection 1288 of this title, the owner, agent, consignee, master, or commanding officer shall pay to the Commissionerthe sum of $5,000, and such fine shall be a lien against the vessel. No such vessel or aircraft shall be granted clearance from any port at which it arrives pending the determination of the question of the liability to the payment of such fine, and if such fine is imposed, while it remains unpaid. No such fine shall be remitted or refunded. Clearance may be granted prior to the determination of such question upon deposit of a bond or a sum sufficient to cover such fine.
TheAttorney General is authorized to prescribe by regulations the circumstances under which a vessel or aircraft shall be deemed to be arriving in, or departing from the United Statesor any port thereof within the meaning of any provision of this part.
1991—Subsec. (d).Pub. L. 102–232 substituted “consignee” for “charterer” after “the owner, agent,” in second sentence.
1990—Subsec. (d).Pub. L. 101–649 substituted “pay to the Commissionerthe sum of $200” for “pay to the collector of customs of any customs district in which the vessel or aircraft may at any time be found the sum of $10” and inserted after first sentence “In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure servicesof an alien crewmandescribed insection 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and serviceon board the vessel undersection 1288 of this title, the owner, agent, charterer, master, or commanding officer shall pay to the Commissionerthe sum of $5,000, and such fine shall be a lien against the vessel.”
Amendment byPub. L. 102–232 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 310(1) of Pub. L. 102–232, set out as a note undersection 1101 of this title.
Amendment byPub. L. 101–649 applicable to servicesperformed on or after 180 days afterNov. 29, 1990, seesection 203(d) of Pub. L. 101–649, set out as a note undersection 1101 of this title.
For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.
Amendment bysection 203(b) of Pub. L. 101–649 not to affect performance of longshore work in United Statesby citizens or nationalsof United States, seesection 203(a)(2) of Pub. L. 101–649, set out as a note undersection 1288 of this title.
