8 U.S.C. § 1324 : US Code - Section 1324: Bringing in and harboring certain aliens

Search 8 U.S.C. § 1324 : US Code - Section 1324: Bringing in and harboring certain aliens

    (a) Criminal penalties
      (1)(A) Any person who - 
        (i) knowing that a person is an alien, brings to or attempts to
      bring to the United States in any manner whatsoever such person
      at a place other than a designated port of entry or place other
      than as designated by the Commissioner, regardless of whether
      such alien has received prior official authorization to come to,
      enter, or reside in the United States and regardless of any
      future official action which may be taken with respect to such
      alien;
        (ii) knowing or in reckless disregard of the fact that an alien
      has come to, entered, or remains in the United States in
      violation of law, transports, or moves or attempts to transport
      or move such alien within the United States by means of
      transportation or otherwise, in furtherance of such violation of
      law;
        (iii) knowing or in reckless disregard of the fact that an
      alien has come to, entered, or remains in the United States in
      violation of law, conceals, harbors, or shields from detection,
      or attempts to conceal, harbor, or shield from detection, such
      alien in any place, including any building or any means of
      transportation;
        (iv) encourages or induces an alien to come to, enter, or
      reside in the United States, knowing or in reckless disregard of
      the fact that such coming to, entry, or residence is or will be
      in violation of law; or
        (v)(I) engages in any conspiracy to commit any of the preceding
      acts, or
        (II) aids or abets the commission of any of the preceding acts,

    shall be punished as provided in subparagraph (B).
      (B) A person who violates subparagraph (A) shall, for each alien
    in respect to whom such a violation occurs - 
        (i) in the case of a violation of subparagraph (A)(i) or (v)(I)
      or in the case of a violation of subparagraph (A)(ii), (iii), or
      (iv) in which the offense was done for the purpose of commercial
      advantage or private financial gain, be fined under title 18,
      imprisoned not more than 10 years, or both;
        (ii) in the case of a violation of subparagraph (A)(ii), (iii),
      (iv), or (v)(II), be fined under title 18, imprisoned not more
      than 5 years, or both;
        (iii) in the case of a violation of subparagraph (A)(i), (ii),
      (iii), (iv), or (v) during and in relation to which the person
      causes serious bodily injury (as defined in section 1365 of title
      18) to, or places in jeopardy the life of, any person, be fined
      under title 18, imprisoned not more than 20 years, or both; and
        (iv) in the case of a violation of subparagraph (A)(i), (ii),
      (iii), (iv), or (v) resulting in the death of any person, be
      punished by death or imprisoned for any term of years or for
      life, fined under title 18, or both.

      (C) It is not a violation of clauses (!1) (ii) or (iii) of
    subparagraph (A), or of clause (iv) of subparagraph (A) except
    where a person encourages or induces an alien to come to or enter
    the United States, for a religious denomination having a bona fide
    nonprofit, religious organization in the United States, or the
    agents or officers of such denomination or organization, to
    encourage, invite, call, allow, or enable an alien who is present
    in the United States to perform the vocation of a minister or
    missionary for the denomination or organization in the United
    States as a volunteer who is not compensated as an employee,
    notwithstanding the provision of room, board, travel, medical
    assistance, and other basic living expenses, provided the minister
    or missionary has been a member of the denomination for at least
    one year.

      (2) Any person who, knowing or in reckless disregard of the fact
    that an alien has not received prior official authorization to come
    to, enter, or reside in the United States, brings to or attempts to
    bring to the United States in any manner whatsoever, such alien,
    regardless of any official action which may later be taken with
    respect to such alien shall, for each alien in respect to whom a
    violation of this paragraph occurs - 
        (A) be fined in accordance with title 18 or imprisoned not more
      than one year, or both; or
        (B) in the case of - 
          (i) an offense committed with the intent or with reason to
        believe that the alien unlawfully brought into the United
        States will commit an offense against the United States or any
        State punishable by imprisonment for more than 1 year,
          (ii) an offense done for the purpose of commercial advantage
        or private financial gain, or
          (iii) an offense in which the alien is not upon arrival
        immediately brought and presented to an appropriate immigration
        officer at a designated port of entry,

      be fined under title 18 and shall be imprisoned, in the case of a
      first or second violation of subparagraph (B)(iii), not more than
      10 years, in the case of a first or second violation of
      subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10
      years, and for any other violation, not less than 5 nor more than
      15 years.

      (3)(A) Any person who, during any 12-month period, knowingly
    hires for employment at least 10 individuals with actual knowledge
    that the individuals are aliens described in subparagraph (B) shall
    be fined under title 18 or imprisoned for not more than 5 years, or
    both.
      (B) An alien described in this subparagraph is an alien who - 
        (i) is an unauthorized alien (as defined in section 1324a(h)(3)
      of this title), and
        (ii) has been brought into the United States in violation of
      this subsection.

      (4) In the case of a person who has brought aliens into the
    United States in violation of this subsection, the sentence
    otherwise provided for may be increased by up to 10 years if - 
        (A) the offense was part of an ongoing commercial organization
      or enterprise;
        (B) aliens were transported in groups of 10 or more; and
        (C)(i) aliens were transported in a manner that endangered
      their lives; or
        (ii) the aliens presented a life-threatening health risk to
      people in the United States.
    (b) Seizure and forfeiture
      (1) In general
        Any conveyance, including any vessel, vehicle, or aircraft,
      that has been or is being used in the commission of a violation
      of subsection (a) of this section, the gross proceeds of such
      violation, and any property traceable to such conveyance or
      proceeds, shall be seized and subject to forfeiture.
      (2) Applicable procedures
        Seizures and forfeitures under this subsection shall be
      governed by the provisions of chapter 46 of title 18 relating to
      civil forfeitures, including section 981(d) of such title, except
      that such duties as are imposed upon the Secretary of the
      Treasury under the customs laws described in that section shall
      be performed by such officers, agents, and other persons as may
      be designated for that purpose by the Attorney General.
      (3) Prima facie evidence in determinations of violations
        In determining whether a violation of subsection (a) of this
      section has occurred, any of the following shall be prima facie
      evidence that an alien involved in the alleged violation had not
      received prior official authorization to come to, enter, or
      reside in the United States or that such alien had come to,
      entered, or remained in the United States in violation of law:
          (A) Records of any judicial or administrative proceeding in
        which that alien's status was an issue and in which it was
        determined that the alien had not received prior official
        authorization to come to, enter, or reside in the United States
        or that such alien had come to, entered, or remained in the
        United States in violation of law.
          (B) Official records of the Service or of the Department of
        State showing that the alien had not received prior official
        authorization to come to, enter, or reside in the United States
        or that such alien had come to, entered, or remained in the
        United States in violation of law.
          (C) Testimony, by an immigration officer having personal
        knowledge of the facts concerning that alien's status, that the
        alien had not received prior official authorization to come to,
        enter, or reside in the United States or that such alien had
        come to, entered, or remained in the United States in violation
        of law.
    (c) Authority to arrest
      No officer or person shall have authority to make any arrests for
    a violation of any provision of this section except officers and
    employees of the Service designated by the Attorney General, either
    individually or as a member of a class, and all other officers
    whose duty it is to enforce criminal laws.
    (d) Admissibility of videotaped witness testimony
      Notwithstanding any provision of the Federal Rules of Evidence,
    the videotaped (or otherwise audiovisually preserved) deposition of
    a witness to a violation of subsection (a) of this section who has
    been deported or otherwise expelled from the United States, or is
    otherwise unable to testify, may be admitted into evidence in an
    action brought for that violation if the witness was available for
    cross examination and the deposition otherwise complies with the
    Federal Rules of Evidence.
    (e) Outreach program
      The Secretary of Homeland Security, in consultation with the
    Attorney General and the Secretary of State, as appropriate, shall
    develop and implement an outreach program to educate the public in
    the United States and abroad about the penalties for bringing in
    and harboring aliens in violation of this section.