Notes on 8 U.S.C. § 1324 : US Code - Notes

Search Notes on 8 U.S.C. § 1324 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 274, 66 Stat. 228;
Pub. L. 95-582, Sec. 2, Nov. 2, 1978, 92 Stat. 2479; Pub. L. 97-
116, Sec. 12, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99-603, title
I, Sec. 112, Nov. 6, 1986, 100 Stat. 3381; Pub. L. 100-525, Sec.
2(d), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 103-322, title VI,
Sec. 60024, Sept. 13, 1994, 108 Stat. 1981; Pub. L. 104-208, div.
C, title II, Secs. 203(a)-(d), 219, title VI, Sec. 671(a)(1), Sept.
30, 1996, 110 Stat. 3009-565, 3009-566, 3009-574, 3009-720; Pub. L.
106-185, Sec. 18(a), Apr. 25, 2000, 114 Stat. 222; Pub. L. 108-458,
title V, Sec. 5401, Dec. 17, 2004, 118 Stat. 3737; Pub. L. 109-97,
title VII, Sec. 796, Nov. 10, 2005, 119 Stat. 2165.)
REFERENCES IN TEXT                        
The Federal Rules of Evidence, referred to in subsec. (d), are
set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
AMENDMENTS                            
2005 - Subsec. (a)(1)(C). Pub. L. 109-97 added subpar. (C).
2004 - Subsec. (a)(4). Pub. L. 108-458, Sec. 5401(a), added par.
(4).
Subsec. (e). Pub. L. 108-458, Sec. 5401(b), added subsec. (e).
2000 - Subsec. (b). Pub. L. 106-185 inserted heading and amended
text of subsec. (b) generally, substituting present provisions for
provisions relating to conveyances subject to seizure and
forfeiture, exceptions, officers and authorized persons,
disposition of forfeited conveyances, and suits and actions.
1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 671(a)(1), made
technical amendment to directory language of Pub. L. 103-322, Sec.
60024(1)(F). See 1994 Amendment note below.
Subsec. (a)(1)(A)(v). Pub. L. 104-208, Sec. 203(b)(1), which
directed the amendment of subsec. (a)(1)(A) by adding cl. (v) at
end, was executed by adding cl. (v) after cl. (iv), to reflect the
probable intent of Congress.
Subsec. (a)(1)(B)(i). Pub. L. 104-208, Sec. 203(a), (b)(2)(A),
inserted "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" after
"subparagraph (A)(i)".
Subsec. (a)(1)(B)(ii). Pub. L. 104-208, Sec. 203(b)(2)(B),
substituted "(iv), or (v)(II)" for "or (iv)".
Subsec. (a)(1)(B)(iii), (iv). Pub. L. 104-208, Sec. 203(b)(2)(C),
(D), substituted "(iv), or (v)" for "or (iv)".
Subsec. (a)(2). Pub. L. 104-208, Sec. 203(d), substituted "for
each alien in respect to whom a violation of this paragraph occurs"
for "for each transaction constituting a violation of this
paragraph, regardless of the number of aliens involved" in
introductory provisions.
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 203(b)(3), in concluding
provisions, substituted "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." for "be fined in
accordance with title 18 or in the case of a violation of
subparagraph (B)(ii), imprisoned not more than 10 years, or both;
or in the case of a violation of subparagraph (B)(i) or (B)(iii),
imprisoned not more than 5 years, or both.."
Subsec. (a)(2)(B)(i). Pub. L. 104-208, Sec. 203(c), amended cl.
(i) generally. Prior to amendment, cl. (i) read as follows: "a
second or subsequent offense,".
Subsec. (a)(3). Pub. L. 104-208, Sec. 203(b)(4), added par. (3).
Subsec. (d). Pub. L. 104-208, Sec. 219, added subsec. (d).
1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 60024(1)(F), as
amended by Pub. L. 104-208, Sec. 671(a)(1), substituted "shall be
punished as provided in subparagraph (B)" for "shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than five years, or both, for each alien in respect to whom
any violation of this paragraph occurs" in concluding provisions.
Pub. L. 103-322, Sec. 60024(1)(A)-(E), (G), designated existing
provisions of par. (1) as subpar. (A) of par. (1), redesignated
subpars. (A) to (D) of former par. (1) as cls. (i) to (iv),
respectively, of subpar. (A), and added subpar. (B).
Subsec. (a)(2)(B). Pub. L. 103-322, Sec. 60024(2), in concluding
provisions, substituted "or in the case of a violation of
subparagraph (B)(ii), imprisoned not more than 10 years, or both;
or in the case of a violation of subparagraph (B)(i) or (B)(iii),
imprisoned not more than 5 years, or both." for "or imprisoned not
more than five years, or both".
1988 - Subsec. (a)(1). Pub. L. 100-525, Sec. 2(d)(1), in closing
provisions substituted "or imprisoned" for "imprisoned" and "this
paragraph" for "this subsection".
Subsec. (b)(4)(C), (5). Pub. L. 100-525, Sec. 2(d)(2), amended
Pub. L. 99-603, Sec. 112(b)(5), (8). See 1986 Amendment note below.
1986 - Subsec. (a). Pub. L. 99-603, Sec. 112(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"Any person, including the owner, operator, pilot, master,
commanding officer, agent, or consignee of any means of
transportation who - 
"(1) brings into or lands in the United States, by any means of
transportation or otherwise, or attempts, by himself or through
another, to bring into or land in the United States, by any means
of transportation or otherwise;
"(2) knowing that he is in the United States in violation of
law, and knowing or having reasonable grounds to believe that his
last entry into the United States occurred less than three years
prior thereto, transports, or moves, or attempts to transport or
move, within the United States by means of transportation or
otherwise, in furtherance of such violation of law;
"(3) willfully or knowingly conceals, harbors, or shields from
detection, or attempts to conceal, harbor, or shield from
detection, in any place, including any building or any means of
transportation; or
"(4) willfully or knowingly encourages or induces, or attempts
to encourage or induce, either directly or indirectly, the entry
into the United States of - 
any alien, including an alien crewman, not duly admitted by an
immigration officer or not lawfully entitled to enter or reside
within the United States under the terms of this chapter or any
other law relating to the immigration or expulsion of aliens, shall
be guilty of a felony, and upon conviction thereof shall be
punished by a fine not exceeding $2,000 or by imprisonment for a
term not exceeding five years, or both, for each alien in respect
to whom any violation of this subsection occurs: Provided, however,
That for the purposes of this section, employment (including the
usual and normal practices incident to employment) shall not be
deemed to constitute harboring."
Subsec. (b)(1). Pub. L. 99-603, Sec. 112(b)(1), (2), substituted
"has been or is being used" for "is used" and "seized and subject
to" for "subject to seizure and" in provisions preceding subpar.
(A).
Subsec. (b)(2). Pub. L. 99-603, Sec. 112(b)(3), inserted "or is
being" after "has been".
Subsec. (b)(3). Pub. L. 99-603, Sec. 112(b)(4), substituted
"property" for "conveyances".
Subsec. (b)(4)(C). Pub. L. 99-603, Sec. 112(b)(5), as amended by
Pub. L. 100-525, Sec. 2(d)(2)(A), inserted ", or the Maritime
Administration if appropriate under section 484(i) of title 40,".
Subsec. (b)(4)(D). Pub. L. 99-603, Sec. 112(b)(6), added subpar.
(D).
Subsec. (b)(5). Pub. L. 99-603, Sec. 112(b)(7)-(9), as amended by
Pub. L. 100-525, Sec. 2(d)(2)(B), substituted ", except that" for
": Provided, That" in provisions preceding subpar. (A), substituted
"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" for
"was not lawfully entitled to enter, or reside within, the United
States" wherever appearing, inserted "or of the Department of
State" in subpar. (B), and substituted "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" for "was not entitled to enter,
or reside within, the United States" in subpar. (C).
1981 - Subsec. (b). Pub. L. 97-116 strengthened the seizure and
forfeiture authority by striking out the "innocent owner" exemption
and merely requiring the Government to show probable cause that the
conveyance seized has been used to illegally transport aliens,
which when demonstrated, shifts the burden of proof to the owner or
claimant to show by a preponderance of the evidence that the
conveyance was not illegally used, by relieving the Government of
the obligation to pay any administrative and incidental costs
incurred by a successful claimant provided probable cause for the
original seizure was demonstrated, and by striking out the
requirement that the Government satisfy any valid lien or third
party interest in the conveyance without expense to the interest
holder by providing the lienholders interest be satisfied only
after costs associated with the seizure have been deducted.
1978 - Subsecs. (b), (c). Pub. L. 95-582 added subsec. (b) and
redesignated former subsec. (b) as (c).
EFFECTIVE DATE OF 2000 AMENDMENT                 
Pub. L. 106-185, Sec. 21, Apr. 25, 2000, 114 Stat. 225, provided
that: "Except as provided in section 14(c) [set out as an Effective
Date note under section 2466 of title 28, Judiciary and Judicial
Procedure], this Act [see Short Title of 2000 Amendment note set
out under section 981 of Title 18, Crimes and Criminal Procedure]
and the amendments made by this Act shall apply to any forfeiture
proceeding commenced on or after the date that is 120 days after
the date of the enactment of this Act [Apr. 25, 2000]."
EFFECTIVE DATE OF 1996 AMENDMENT                 
Section 203(f) of div. C of Pub. L. 104-208 provided that: "This
section [amending this section and enacting provisions set out as a
note under section 994 of Title 28, Judiciary and Judicial
Procedure] and the amendments made by this section shall apply with
respect to offenses occurring on or after the date of the enactment
of this Act [Sept. 30, 1996]."
Amendment by section 671(a)(1) of Pub. L. 104-208 effective as if
included in the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
Pub. L. 104-208, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1988 AMENDMENT                 
Amendment by Pub. L. 100-525 effective as if included in
enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
603, see section 2(s) of Pub. L. 100-525, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT                 
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 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.
(!1) So in original. Probably should be "clause".