FORMS AND PROCEDURE

SEC. 264. [8 U.S.C. 1304] a The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 261 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 262 of this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the ahen into the United States; (2) ac tivities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record. any, of such alien; and (5) such addtional matters as may be prescribed.

(b) All registration and fingerprint records made under the pro sions of this title shall be confidential, and shall be made available only (1) pursuant to section 287(f(2), and (2) to such persons or agencies as may be designated by the Attorney General.

(c) Every person required to apply for the registration of h} or another under this title shall submit under oath the inform required for such registration. Any person authorized under rest is tions issued by the Attorney General to register aliens urder ** title shall be authorized to administer oaths for such purpose

(d) Every alien in the United States who has been register who? fingerprinted under the provisions of the Alien Registra 1940, or under the provisions of this Act shall be issued cate of alien registration or an alien registration rece such form and manner and at such time as shall be under regulations issued by the Attorney General.

(e) Every alien, eighteen years of age and over. carry with him and have in his personal possess of alien registration or alien registration receipt pursuant to subsection (d). Any alien who fails provisions of this subsection shall be guilty of shall upon conviction for each offense be fin or be imprisoned not more than thirty day

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ON A HEALTH-RELATED

son who shall bring to the alien crewman) who is exhall pay to the Commissioner , the sum of $3,000 200 unless

(P.L. 101-649, Nov. 29, 1990, 104 Stat. 5058) inective for actions taken after November 29, 1990. of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5084) 3) afflicted with psychopathic personality, or with >) afflicted with any dangerous contagious disease, or "excludable under section 212(a)(1)". Comma should

t of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5058) sub>mmissioner for payment of $1,000 to the collector of cuser November 29, 1990.

PENALTIES

SEC. 266. [8 U.S.C. 1306] (a) Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both. 197

(b) Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 265 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 265, shall be taken into custody and deported in the manner provided by chapter 5 of this title, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

(c) Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; 197 and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be deported in the manner provided in chapter 5 of this title.

(d) Any person who with unlawful intent photographs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration receipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the Attorney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both.

CHAPTER 8-GENERAL PENALTY PROVISIONS

PREVENTION OF UNAUTHORIZED LANDING OF ALIENS

SEC. 271. [8 U.S.C. 1321] (a) It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in section 238, bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crew

197 This crime is classified as a Class B misdemeanor under § 3559(a) of title 18, United States Code, and, under § 3571(b) of title 18, United States Code, the maximum fine is the greater of the amount specified under this section or $25,000.

man whose case is not covered by section 254(a)) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed by the Attorney General of $3,000 198 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accordance with such proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the appropriate United States court.

(b) Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers.

(c)(1) Any owner or operator of a railroad line, international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and reasonably to fulfill the duty imposed by subsection (a) shall not be liable for the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien.

(2)(A) At the request of any person described in paragraph (1), the Attorney General shall inspect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of complying with subsection (a). The Attorney General shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General determines is satisfactory for such purpose.

(B) Proof that any person described in paragraph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is effective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) (within the meaning of paragraph (1) of this subsection).

BRINGING IN ALIENS SUBJECT TO EXCLUSION ON A HEALTH-RELATED GROUND

SEC. 272. [8 U.S.C. 1322] (a) Any person who shall bring to the United States an alien (other than an alien crewman) who is excludable under section 212(a)(1), 199 shall pay to the Commissioner for each and every alien so afflicted, the sum of $3,000 200 unless

198 § 543(a)(8) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5058) increased the penalty from $1,000 to $3,000, effective for actions taken after November 29, 1990. 199 § 603(a)(15)(A) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5084) struck "(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 inserted "excludable under section 212(a)(1)". Comma should have been deleted after "212(a)(1)".

200 § 543(a)(9) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5058) substituted payment of $3,000 to the Commissioner for payment of $1,000 to the collector of customs, effective for actions taken after November 29, 1990.

(1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien was in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or 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 alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was 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 person establishes to the satisfaction of the Attorney General that the existence of the excluding condition could not have been detected by the exercise of due diligence prior to the alien's embarkation.

(b) 201 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 the Commissioner.

(c) Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in the United States aliens who are entitled by law to exemption from the excluding provisions of section 212(a).

(d) As used in this section, the term "person" means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft.

UNLAWFUL BRINGING OF ALIENS INTO UNITED STATES

SEC. 273. [8 U.S.C. 1323] (a) It shall be unlawful for any person, including any transportation company, or the owner, master, commanding officer, agent, charterer, or consignee of any vessel or aircraft, to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have a valid passport 202 and an unexpired visa, if a visa was required under this Act or regulations issued thereunder.

(b) If it appears to the satisfaction of the Attorney General that any alien has been so brought, such person, or transportation company, or the master, commanding officer, agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the Commissioner the sum of $3,000 203 for each alien so brought and,

201 Former subsection (b) was repealed, and former subsections (c) through (e) were redesignated as subsections (b) through (d), by § 603(a)(15) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5084). For former subsection (b), see Appendix II.A.2.

202 The reference to a valid passport was inserted by § 201(b) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5014), effective November 29, 1990.

203 § 543(a)(10)(A) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5058) substituted payment of $3,000 to the Commissioner for payment of $1,000 to the collector of customs, effective for actions taken after November 29, 1990.

except in the case of any such alien who is admitted, or permitted to land temporarily, in addition, a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter sum to be delivered by the collector of customs to the alien on whose account the assessment is made. No vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such sums or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner.

(c) Such sums shall not be remitted or refunded, unless it appears to the satisfaction of the Attorney General that such person, and the owner, master, commanding officer, agent, charterer, and consignee of the vessel or aircraft, prior to the departure of the vessel or aircraft from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an alien and that a valid passport 202 or visa was required.

(d) 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 $3,000 204 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 a sum 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 235 for detention of aliens for examination before special inquiry officers and the right of appeal provided for in section 236 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.

204 § 543(a)(10)(B) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5059) substituted payment of $3,000 to the Commissioner for payment of $1,000 to the collector of customs, effective for actions taken after November 29, 1990.