8 U.S.C. § 1321 : US Code - Section 1321: Prevention of unauthorized landing of aliens

Search 8 U.S.C. § 1321 : US Code - Section 1321: Prevention of unauthorized landing of aliens

(a) Failure to report; penalties
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 1223 of this title, bringing an alien to, or providing a
means for an alien to come to, the United States (including an
alien crewman whose case is not covered by section 1284(a) of this
title) 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 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) Prima facie evidence
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) Liability of owners and operators of international bridges and
toll roads
(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) of this
section 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) of this
section. 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) of this
section (within the meaning of paragraph (1) of this subsection).