Notes on 8 U.S.C. § 1323 : US Code - Notes

Search Notes on 8 U.S.C. § 1323 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 273, 66 Stat. 227;
Pub. L. 101-649, title II, Sec. 201(b), title V, Sec. 543(a)(10),
Nov. 29, 1990, 104 Stat. 5014, 5058; Pub. L. 102-232, title III,
Sec. 306(c)(4)(D), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103-416,
title II, Secs. 209(a), 216, 219(p), Oct. 25, 1994, 108 Stat. 4312,
4315, 4317; Pub. L. 104-208, div. C, title III, Secs. 308(c)(3),
(e)(13), 371(b)(8), title VI, Sec. 671(b)(6), (7), Sept. 30, 1996,
110 Stat. 3009-616, 3009-620, 3009-645, 3009-722.)
AMENDMENTS                            
1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(c)(3), designated
existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 104-208, Sec. 671(b)(7), made technical
amendment to directory language of Pub. L. 103-416, Sec. 209(a)(1).
See 1994 Amendment note below.
Pub. L. 104-208, Sec. 671(b)(6), substituted "remains" for
"remain".
Subsec. (d). Pub. L. 104-208, Sec. 371(b)(8), substituted
"immigration judges" for "special inquiry officers".
Pub. L. 104-208, Sec. 308(e)(13), struck out subsec. (d) which
read as follows: "The owner, charterer, agent, consignee,
commanding officer, or master of any vessel or aircraft arriving at
the United States from any place outside the United States who
fails to deport any alien stowaway on the vessel or aircraft on
which such stowaway arrived or on another vessel or aircraft at the
expense of the vessel or aircraft on which such stowaway arrived
when required to do so by an immigration officer, shall pay to the
Commissioner a fine of $3,000 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 an amount 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 1225 of this title for
detention of aliens for examination before immigration judges and
the right of appeal provided for in section 1226 of this title
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."
1994 - Subsec. (b). Pub. L. 103-416, Sec. 219(p), in first
sentence substituted "Commissioner" for "collector of customs"
before "to the alien".
Pub. L. 103-416, Sec. 209(a)(1), as amended by Pub. L. 104-208,
Sec. 671(b)(7), substituted "a fine of $3,000" for "the sum of
$3,000".
Pub. L. 103-416, Sec. 209(a)(2), (4), in first sentence
substituted "an amount equal to" for "a sum equal to" and "such
latter fine" for "such latter sum", and in second sentence
substituted "such fine or while such fine" for "such sums or while
such sums" and "cover such fine" for "cover such sums".
Subsec. (c). Pub. L. 103-416, Sec. 209(a)(4), (5), substituted
"Except as provided in subsection (e) of this section, such fine"
for "Such sums".
Subsec. (d). Pub. L. 103-416, Sec. 216, amended first sentence
generally. Prior to amendment, first sentence read as follows: "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 for each alien stowaway, in
respect of whom any such failure occurs."
Pub. L. 103-416, Sec. 209(a)(1), which directed that subsec. (d)
be amended by substituting "a fine of $3,000" for "the sum of
$3000", was executed in the first sentence by making the
substitution for "the sum of $3,000", to reflect the probable
intent of Congress.
Pub. L. 103-416, Sec. 209(a)(3), in second sentence substituted
"an amount" for "a sum" before "sufficient to cover such fine".
Subsec. (e). Pub. L. 103-416, Sec. 209(a)(6), added subsec. (e).
1991 - Subsec. (b). Pub. L. 102-232 substituted "Commissioner"
for "collector of customs" before period at end of second sentence.
1990 - Subsec. (a). Pub. L. 101-649, Sec. 201(b)(1), inserted "a
valid passport and" before "an unexpired visa".
Subsec. (b). Pub. L. 101-649, Sec. 543(a)(10)(A), substituted
"Commissioner the sum of $3,000" for "collector of customs of the
customs district in which the port of arrival is located the sum of
$1,000".
Subsec. (c). Pub. L. 101-649, Sec. 201(b)(2), inserted "valid
passport or" before "visa was required".
Subsec. (d). Pub. L. 101-649, Sec. 543(a)(10)(B), substituted
"Commissioner the sum of $3,000" for "collector of customs of the
customs district in which the port of arrival is located the sum of
$1,000" in first sentence and "Commissioner" for "collector of
customs" in second sentence.
EFFECTIVE DATE OF 1996 AMENDMENT                 
Amendment by section 308(c)(3), (e)(13) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
Amendment by section 371(b)(8) of Pub. L. 104-208 effective Sept.
30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
note under section 1101 of this title.
Amendment by section 671(b)(6), (7) of Pub. L. 104-208 effective
as if included in the enactment of the Immigration and Nationality
Technical Corrections Act of 1994, Pub. L. 103-416, see section
671(b)(14) of Pub. L. 104-208, set out as a note under section 1101
of this title.
EFFECTIVE DATE OF 1994 AMENDMENT                 
Section 209(b) of Pub. L. 103-416, as amended by Pub. L. 104-208,
div. C, title VI, Sec. 671(b)(8), Sept. 30, 1996, 110 Stat. 3009-
722, provided that: "The amendments made by this section [amending
this section] shall apply with respect to aliens brought to the
United States more than 60 days after the date of enactment of this
Act [Oct. 25, 1994]."
Amendment by section 219(p) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT                 
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT                 
Amendment by section 543(a)(10) of Pub. L. 101-649 applicable to
actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101-649, set out as a note under section 1221 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.