8 U.S.C. § 1281 : US Code - Section 1281: Alien crewmen

Search 8 U.S.C. § 1281 : US Code - Section 1281: Alien crewmen

(a) Arrival; submission of list; exceptions
Upon arrival of any vessel or aircraft in the United States from
any place outside the United States it shall be the duty of the
owner, agent, consignee, master, or commanding officer thereof to
deliver to an immigration officer at the port of arrival (1) a
complete, true, and correct list containing the names of all aliens
employed 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 General shall 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 General may
require.
(b) Reports of illegal landings
It shall be the duty of any owner, agent, consignee, master, or
commanding officer of any vessel or aircraft to report to an
immigration officer, in writing, as soon as discovered, all cases
in which any alien crewman has illegally landed in the United
States from the vessel or aircraft, together with a description of
such alien and any information likely to lead to his apprehension.
(c) Departure; submission of list; exceptions
Before the departure of any vessel or aircraft from any port in
the United States, it shall be the duty of the owner, agent,
consignee, master, or commanding officer thereof, to deliver to an
immigration officer at that port (1) a list containing the names of
all alien employees 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 General shall 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 General may
require.
(d) Violations
In case any owner, agent, consignee, master, or commanding
officer shall fail to deliver complete, true, and correct lists or
reports of aliens, or to report cases of desertion or landing, as
required by subsections (a), (b), and (c) of this section, such
owner, agent, consignee, master, or commanding officer, shall, if
required by the Attorney General, pay to the Commissioner the sum
of $200 for each alien concerning 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 services of an alien
crewman described in section 1101(a)(15)(D)(i) of this title to
perform longshore work not included in the normal operation and
service on board the vessel under section 1288 of this title, the
owner, agent, consignee, master, or commanding officer shall pay to
the Commissioner the 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.
(e) Regulations
The Attorney 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 States or any port
thereof within the meaning of any provision of this part.