8 U.S.C. § 1284 : US Code - Section 1284: Control of alien crewmen

Search 8 U.S.C. § 1284 : US Code - Section 1284: Control of alien crewmen

(a) Penalties for failure
The owner, agent, consignee, charterer, master, or commanding
officer of any vessel or aircraft arriving in the United States
from any place outside thereof who fails (1) to detain on board the
vessel, or in the case of an aircraft to detain at a place
specified by an immigration officer at the expense of the airline,
any alien crewman employed thereon until an immigration officer has
completely inspected such alien crewman, including a physical
examination by the medical examiner, or (2) to detain any alien
crewman on board the vessel, or in the case of an aircraft at a
place specified by an immigration officer at the expense of the
airline, after such inspection unless a conditional permit to land
temporarily has been granted such alien crewman under section 1282
of this title or unless an alien crewman has been permitted to land
temporarily under section 1182(d)(5) or 1283 of this title for
medical or hospital treatment, or (3) to remove such alien crewman
if required to do so by an immigration officer, whether such
removal requirement is imposed before or after the crewman is
permitted to land temporarily under section 1182(d)(5), 1282, or
1283 of this title, shall pay to the Commissioner the sum of $3,000
for each alien crewman in respect to whom any such failure occurs.
No such vessel or aircraft shall be granted clearance pending the
determination of the liability to the payment of such fine, or
while the fine remains unpaid, except that clearance may be granted
prior to the determination of such question 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 Attorney General may, upon application in writing therefor,
mitigate such penalty to not less than $500 for each alien crewman
in respect of whom such failure occurs, upon such terms as he shall
think proper.
(b) Prima facie evidence against transportation line
Except as may be otherwise prescribed by regulations issued by
the Attorney General, proof that an alien crewman did not appear
upon the outgoing manifest of the vessel or aircraft on which he
arrived in the United States from any place outside thereof, or
that he was reported by the master or commanding officer of such
vessel or aircraft as a deserter, shall be prima facie evidence of
a failure to detain or remove such alien crewman.
(c) Removal on other than arriving vessel or aircraft; expenses
If the Attorney General finds that removal of an alien crewman
under this section on the vessel or aircraft on which he arrived is
impracticable or impossible, or would cause undue hardship to such
alien crewman, he may cause the alien crewman to be removed from
the port of arrival or any other port on another vessel or aircraft
of the same transportation line, unless the Attorney General finds
this to be impracticable. All expenses incurred in connection with
such removal, including expenses incurred in transferring an alien
crewman from one place in the United States to another under such
conditions and safeguards as the Attorney General shall impose,
shall be paid by the owner or owners of the vessel or aircraft on
which the alien arrived in the United States. The vessel or
aircraft on which the alien arrived shall not be granted clearance
until such expenses have been paid or their payment guaranteed to
the satisfaction of the Attorney General. An alien crewman who is
transferred within the United States in accordance with this
subsection shall not be regarded as having been landed in the
United States.