8 U.S.C. § 1323 : US Code - Section 1323: Unlawful bringing of aliens into United States

Search 8 U.S.C. § 1323 : US Code - Section 1323: Unlawful bringing of aliens into United States

(a) Persons liable
(1) 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 and an unexpired visa, if a visa was required under
this chapter or regulations issued thereunder.
(2) It is unlawful for an owner, agent, master, commanding
officer, person in charge, purser, or consignee of a vessel or
aircraft who is bringing an alien (except an alien crewmember) to
the United States to take any consideration to be kept or returned
contingent on whether an alien is admitted to, or ordered removed
from, the United States.
(b) Evidence
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 a fine of $3,000 for each alien so brought and,
except in the case of any such alien who is admitted, or permitted
to land temporarily, in addition, an amount 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 fine to be delivered by the Commissioner 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 fine or while such fine remains unpaid, except
that clearance may be granted prior to the determination of such
question upon the deposit of an amount sufficient to cover such
fine, or of a bond with sufficient surety to secure the payment
thereof approved by the Commissioner.
(c) Remission or refund
Except as provided in subsection (e) of this section, such fine
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 or visa was required.
(d) Repealed. Pub. L. 104-208, div. C, title III, Sec. 308(e)(13),
Sept. 30, 1996, 110 Stat. 3009-620
(e) Reduction, refund, or waiver
A fine under this section may be reduced, refunded, or waived
under such regulations as the Attorney General shall prescribe in
cases in which - 
(1) the carrier demonstrates that it had screened all
passengers on the vessel or aircraft in accordance with
procedures prescribed by the Attorney General, or
(2) circumstances exist that the Attorney General determines
would justify such reduction, refund, or waiver.