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8 U.S. Code § 1322 - Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined

(a)
Anyperson who shall bring to the United Statesan alien(other than an alien crewman) who is inadmissible undersection 1182(a)(1) of this title shall pay to the Commissionerfor each and every alienso afflicted the sum of $3,000 unless (1) the alienwas in possession of a valid, unexpired immigrant visa, or (2) the alienwas allowed to land in the United States, or (3) the alienwas in possession of a valid unexpired nonimmigrant visaor other document authorizing such aliento apply for temporary admission to the United Statesor an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alienin possession of a reentry permit, within one hundred and twenty days of the date on which the alienwas last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such personestablishes to the satisfaction of the Attorney Generalthat the existence of the condition causing inadmissibility could not have been detected by the exercise of due diligence prior to the alien’s embarkation.
(b)
No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by theCommissioner.
(c)
Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in theUnited States alienswho are entitled by law to exemption from the provisions ofsection 1182(a) of this title.
(d)
As used in this section, the term “person” means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft.
(June 27, 1952, ch. 477, title II, ch. 8, § 272,66 Stat. 226;Pub. L. 89–236, § 18,Oct. 3, 1965,79 Stat. 920;Pub. L. 101–649, title V, § 543(a)(9), title VI, § 603(a)(15),Nov. 29, 1990,104 Stat. 5058, 5083;Pub. L. 102–232, title III, § 307(l)(7),Dec. 12, 1991,105 Stat. 1757;Pub. L. 103–416, title II, § 219(o),Oct. 25, 1994,108 Stat. 4317;Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), (4)(I)(i),Sept. 30, 1996,110 Stat. 3009–617, 3009–618.)
Editorial Notes
Amendments

1996—Pub. L. 104–208, § 308(d)(4)(I)(i)(I), amended section catchline.

Subsec. (a).Pub. L. 104–208, § 308(d)(3)(A), (4)(I)(i)(II), substituted “inadmissible” for “excludable” and “condition causing inadmissibility” for “excluding condition”.

Subsec. (c).Pub. L. 104–208, § 308(d)(4)(I)(i)(III), struck out “excluding” after “exemption from the”.

1994—Subsec. (a).Pub. L. 103–416 struck out comma after “every alienso afflicted”.

1991—Subsec. (a).Pub. L. 102–232 struck out comma before “shall pay”.

1990—Pub. L. 101–649, § 603(a)(15)(D), substituted “exclusion on a health-related ground” for “disability or afflicted with disease” in section catchline.

Subsec. (a).Pub. L. 101–649, § 603(a)(15)(A), substituted “excludable undersection 1182(a)(1) of this title” for “(1) mentally retarded, (2) insane, (3) afflicted with psychopathic personality, or with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict” and “the excluding condition” for “such disease or disability”.

Pub. L. 101–649, § 543(a)(9)(A), substituted“Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “$3,000” for “$1,000”.

Subsec. (b).Pub. L. 101–649, § 603(a)(15)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Any personwho shall bring to the United Statesan alien(other than an alien crewman) afflicted with any mental defect other than those enumerated in subsection (a) of this section, or any physical defect of a nature which may affect his ability to earn a living, as provided insection 1182(a)(7) of this title, shall pay to the Commissionerfor each and every alienso afflicted, the sum of $3,000, unless (1) the alienwas in possession of a valid, unexpired immigrant visa, or (2) the alienwas allowed to land in the United States, or (3) the alienwas in possession of a valid unexpired nonimmigrant visaor other document authorizing such aliento apply for temporary admission to the United Statesor an unexpired reentry permit issued to him, and (A) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alienin possession of a reentry permit, within one hundred and twenty days of the date on which the alienwas last examined and admitted by the Service, or (B) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if such personestablishes to the satisfaction of the Attorney Generalthat the existence of such disease or disability could not have been detected by the exercise of due diligence prior to the alien’s embarkation.”

Pub. L. 101–649, § 543(a)(9)(B), substituted“Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “$3,000” for “$250”.

Subsec. (c).Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Pub. L. 101–649, § 543(a)(9)(C), substituted“Commissioner” for “collector of customs”.

Subsecs. (d), (e).Pub. L. 101–649, § 603(a)(15)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

1965—Subsec. (a).Pub. L. 89–236 substituted “mentally retarded” for “feeble-minded”, struck out references to epileptics and personsafflicted with tuberculosis and leprosy, and inserted reference to personsafflicted with sexual deviation.

Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment

Amendment byPub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days afterSept. 30, 1996, seesection 309 of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Effective Date of 1994 Amendment

Amendment byPub. L. 103–416 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 219(dd) of Pub. L. 103–416, set out as a note undersection 1101 of this title.

Effective Date of 1991 Amendment

Pub. L. 102–232, title III, § 307(l),Dec. 12, 1991,105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of theImmigration Act of 1990,Pub. L. 101–649.

Effective Date of 1990 Amendment

Amendment bysection 543(a)(9) of Pub. L. 101–649 applicable to actions taken afterNov. 29, 1990, seesection 543(c) of Pub. L. 101–649, set out as a note undersection 1221 of this title.

Amendment bysection 603(a)(15) of Pub. L. 101–649 applicable to individuals entering United Stateson or afterJune 1, 1991, seesection 601(e)(1) of Pub. L. 101–649, set out as a note undersection 1101 of this title.

Effective Date of 1965 Amendment

Amendment byPub. L. 89–236 effective, except as otherwise provided, on first day of first month after expiration of thirty days following date of enactment ofPub. L. 89–236, which was approved onOct. 3, 1965, seesection 20 of Pub. L. 89–236, set out as a note undersection 1151 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.

CFR TitleParts
8 280, 1280

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