craft (1) to refuse to receive any alien (other than an alien crewman), ordered deported under this section back on board such vessel or aircraft or another vessel or aircraft owned or operated by the same interests; (2) to fail to detain any alien (other than an alien crewman) on board any such vessel or at the airport of arrival of the aircraft when required by this chapter or if so ordered by an immigration officer, or to fail or refuse to deliver him for medical or other inspection, or for further medical or other inspection, as and when so ordered by such officer; (3) to refuse or fail to remove him from the United States to the country to which his deportation has been directed; (4) to fail to pay the cost of his maintenance while being detained as required by this section; (5) to take any fee, deposit, or consideration on a contingent basis to be kept or returned in case the alien is landed or excluded; or (6) knowingly to bring to the United States any alien (other than an alien crewman) excluded or arrested and deported under any provision of law until such alien may be lawfully entitled to reapply for admission to the United States. If it shall appear to the satisfaction of the Attorney General that any such master, commanding officer, purser, person in charge, agent, owner, or consignee of any vessel or aircraft has violated any of the provisions of this section, such master, commanding officer, purser, person in charge, agent, owner, or consignee shall pay to the Commissioner the sum of $2,000 for each violation. No such vessel or aircraft shall have clearance from any port of the United States while any such fine is unpaid or while the question of liability to pay any such fine is being determined, nor shall any such fine be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such fine. (c) Transportation expense of deportation or aircraft on which he arrived in the United States, unless the alien boarded such vessel or aircraft in foreign territory contiguous to the United States or in any island adjacent thereto or adjacent to the United States and the alien is not a native, citizen, subject or national of, or does not have a residence in, such foreign contiguous territory or adjacent island, in which case the deportation shall instead be to the country in which is located the port at which the alien embarked for such foreign contiguous territory or adjacent island. The cost of the maintenance including detention expenses and expenses incident to detention of any such alien while he is being detained shall be borne by the owner or owners of the vessel or aircraft on which he arrived, except that the cost of maintenance (including detention expenses and expenses incident to detention while the alien is being detained prior to the time he is offered for deportation to the transportation line which brought him to the United States) shall not be assessed against the owner or owners of such vessel or aircraft if (A) the alien was in possession of a valid, unexpired immigrant visa, or (B) the alien (other than an alien crewman) was in possession of a valid, unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (i) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (ii) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if the owner or owners of such vessel or aircraft established to the satisfaction of the Attorney General that the ground of exclusion could not have been ascertained by the exercise of due diligence prior to the alien's embarkation, or (C) the person claimed United States nationality or citizenship and was in possession of an unexpired United States passport issued to him by competent authority. (2) If the government of the country designated in paragraph (1) will not accept the alien into its territory, the alien's deportation shall be directed by the Attorney General, in his discretion and without necessarily giving any priority or preference because of their order as herein set forth, either to (A) the country of which the alien is a subject, citizen, or national; or (B) the country in which he was born; (C) the country in which he has a residence; (D) any country which is willing to accept the alien into its territory, if deportation to any of the foregoing countries is impracticable, inadvisable, or impossible. (b) Unlawful practice of transportation lines It shall be unlawful for any master, commanding officer, purser, person in charge, agent, owner, or consignee of any vessel or air An alien shall be deported on a vessel or aircraft owned by the same person who owns the vessel or aircraft on which the alien arrived in the United States, unless it is impracticable to so deport the alien within a reasonable time. The transportation expense of the alien's deportation shall be borne by the owner or owners of the vessel or aircraft on which the alien arrived. If the deportation is effected on a vessel or aircraft not owned by such owner or owners, the transportation expense of the alien's deportation may be paid from the appropriation for the enforcement of this chapter and recovered by civil suit from any owner, agent, or consignee of the vessel or aircraft on which the alien arrived. (d) Stay of deportation; payment of maintenance expenses The Attorney General, under such conditions as are by regulations prescribed, may stay the deportation of any alien deportable under this section, if in his judgment the testimony of such alien is necessary on behalf of the United States in the prosecution of offenders against any provision of this chapter or other laws of the United States. The cost of maintenance of any person so detained resulting from a stay of deportation under this subsection and a witness fee in the sum of $1 per day for each day such person is so detained may be paid from the appropriation for the enforcement of this subchapter. Such alien may be released under bond in the penalty of not less than $500 with security approved by the Attorney General on condition that such alien shall be produced when required as a witness and for deportation, and on such other conditions as the Attorney General may prescribe. (e) Deportation of alien accompanying physically disabled alien Upon the certificate of an examining medical officer to the effect that an alien ordered to be excluded and deported under this section is helpless from sickness or mental and physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by the alien ordered excluded and deported, such accompanying alien may also be excluded and deported, and the master, commanding officer, agent, owner, or consignee of the vessel or aircraft in which such alien and accompanying alien arrived in the United States shall be required to return the accompanying alien in the same manner as other aliens denied admission and ordered deported under this section. (June 27, 1952, ch. 477, title II, ch. 4, § 237, 66 Stat. 201; Dec. 29, 1981, Pub. L. 97-116, § 7, 95 Stat. 1615; Oct. 18, 1986, Pub. L. 99-500, § 101(b) [title II, § 206(b)(2)], as added Oct. 24, 1988, Pub. L. 100-525, § 4(b)(4), 102 Stat. 2615; Oct. 24, 1988, Pub. L. 100-525, § 9(1), 102 Stat. 2620; Nov. 29, 1990, Pub. L. 101-649, title V, § 543(a)(2), 104 Stat. 5057; Dec. 12, 1991, Pub. L. 102-232, title III, § 306(c)(4)(B), 105 Stat. 1752.) AMENDMENTS 1991-Subsec. (b). Pub. L. 102-232 substituted "Commissioner" for "district director of customs" after "deposit with the". 1990-Subsec. (b). Pub. L. 101-649 substituted "Commissioner the sum of $2,000" for "district director of customs of the district in which port of arrival is situated or in which any vessel or aircraft of the line may be found, the sum of $300". 1988-Subsec. (b). Pub. L. 100-525, § 9(1), substituted "to be kept" for "to ke kept" in cl. (5). Pub. L. 100-525, § 4(b)(4), added Pub. L. 99-500, § 101(b) [title II, § 206(b)(2)]. See 1986 Amendment note below. 1986-Subsec. (b). Pub. L. 99-500, § 101(b) [title II, § 206(b)(2)], as added by Pub. L. 100-525, § 4(b)(4), struck out "or section 1223 of this title" after "by this section" and "or of section 1223 of this title" after "of this section". 1981-Subsec. (a). Pub. L. 97-116, § 7(a), designated existing provision as par. (1), substituted provision permitting the Attorney General flexibility as to which countries the alien can be deported to for provision which required that the alien be deported to the country from whence he came, redesignated cls. (1), (2), and (3) as cls. (A), (B), and (C), respectively, and subcl. (A) and (B) as subcls. (i) and (ii), respectively, and added par. (2). Subsec. (b). Pub. L. 97-116, § 7(b), substituted in cl. (3) "to the country to which his deportation has been directed" for "to the country from whence he came❞ and in provisions following cl. (6) “district director of customs" for "collector of customs" in two places. Subsec. (c). Pub. L. 97-116, § 7(c), struck out requirement that the vessel or aircraft on which the alien arrived has left the United States before another vessel or aircraft owned or operated by the same person be used for deportation and clarified party, as owner, agent, or consignee of the vessel or aircraft on which the alien arrived, as one against whom civil suit will be enforced if funds appropriated for enforcement of this chapter are used for the alien's deportation. 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 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. EFFECTIVE DATE OF 1988 AMENDMENT Section 4(c) of Pub. L. 100-525 provided that: "The amendments made by subsections (a) and (b) [amending this section and sections 1222, 1223, and 1356 of this title and enacting provisions set out as a note under section 1356 of this title] shall be effective as if they were included in the enactment of the Department of Justice Appropriation Act, 1987 (as contained in section 101(b) of Public Law 99-500)." 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. CROSS REFERENCES Bond or undertaking with collector of customs as prerequisite to granting clearance prior to determination of question involving delivery of lists or manifests, see section 1221 of this title. Definition of the term-- Alien, see section 1101(a)(3) of this title. Crewman, see section 1101(a)(10) of this title. Immigration officer, see section 1101(a)(18) of this National of the United States, see section 1101(a)(22) of this title. Nonimmigrant visa, see section 1101(a)(26) of this title. Passport, see section 1101(a)(30) of this title. Service, see section 1101(a)(34) of this title. United States, see section 1101(a)(38) of this title. Reentry permit— Generally, see section 1203 of this title. Readmission without reentry permit of certain aliens who depart from United States temporarily, see section 1181 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1159, 1182, 1253, 1330 of this title. § 1228. Entry through or from foreign contiguous territory and adjacent islands (a) Necessity of transportation contract The Attorney General shall have power to enter into contracts with transportation lines for the entry and inspection of aliens coming to the United States from foreign contiguous ter ritory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General. (b) Landing stations Every transportation line engaged in carrying alien passengers for hire to the United States from foreign contiguous territory or from adjacent islands shall provide and maintain at its expense suitable landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General. (c) Landing agreements The Attorney General shall have power to enter into contracts including bonding agreements with transportation lines to guarantee the passage through the United States in immediate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under section 1258 of this title. (d) Definitions As used in this section the terms "transportation line" and "transportation company" include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any vessel or aircraft bringing aliens to the United States, to foreign contiguous territory, or to adjacent islands. (June 27, 1952, ch. 477, title II, ch. 4, § 238, 66 Stat. 202; Nov. 14, 1986, Pub. L. 99-653, § 7(b), 100 Stat. 3657.) AMENDMENTS 1986-Pub. L. 99-653 struck out subsec. (a) which authorized the Attorney General to enter into contracts with transportation lines for the entry and inspection of aliens and to prescribe regulations, and redesignated subsecs. (b) to (e) as (a) to (d), respectively. EFFECTIVE DAte of 1986 Amendment Amendment by Pub. L. 99-653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99-653, set out as a note under section 1101 of this title. CROSS REFERENCES Definition of adjacent islands, Attorney General, entry, and United States, see section 1101 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1182, 1321, 1356 of this title. § 1229. Designation of ports of entry for aliens arriving by aircraft The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $2,000 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may be summarily seized by, and placed in the custody of such persons as the Attorney General may by regulation prescribe. The aircraft may be released from such custody upon deposit of such amount not exceeding $2,000 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General. (June 27, 1952, ch. 477, title II, ch. 4, § 239, 66 Stat. 203; Nov. 29, 1990, Pub. L. 101-649, title V, § 543(a)(3), 104 Stat. 5058; Dec. 12, 1991, Pub. L. 102-232, title III, § 306(c)(2), 105 Stat. 1752.) AMENDMENTS 1991-Pub. L. 102-232 made technical correction to directory language of Pub. L. 101-649. See 1990 Amendment note below. 1990-Pub. L. 101-649, as amended by Pub. L. 102-232, substituted "$2,000" for "$500" in two places. 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 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. FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Definition of alien, Attorney General, and entry, see section 1101 of this title. Designation of ports of entry for civil aircraft, see section 1644a of Title 19, Customs Duties. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1221, 1330 of this title. § 1230. Records of admission (a) The Attorney General shall cause to be filed, as a record of admission of each immigrant, the immigrant visa required by section 1201(e) of this title to be surrendered at the port of entry by the arriving alien to an immigration officer. (b) The Attorney General shall cause to be filed such record of the entry into the United States of each immigrant admitted under section 1181(b) of this title and of each nonimmigrant as the Attorney General deems necessary for the enforcement of the immigration laws. (June 27, 1952, ch. 477, title II, ch. 4, § 240, 66 Stat. 204.) CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Entry, see section 1101(a)(13) of this title. Immigration laws, see section 1101(a)(17) of this Immigration officer, see section 1101(a)(18) of this title. Nonimmigrant alien, see section 1101(a)(15) of this title. United States, see section 1101(a)(38) of this title. PART V-DEPORTATION; Adjustment OF STATUS (B) Entered without inspection Any alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this chapter or any other law of the United States is deportable. (C) Violated nonimmigrant status or condition of entry (i) Nonimmigrant status violators Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable. (ii) Violators of conditions of entry Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable. (D) Termination of conditional permanent residence (i) In general Any alien with permanent resident status on a conditional basis under section 1186a of this title (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable. (ii) Exception Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title (relating to certain hardship waivers). (E) Smuggling (i) In general Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable. (ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (iii) Waiver authorized The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (F) Failure to maintain employment Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 1161 of this title who fails to meet the requirement of section 1161(d)(5)(A) of this title by the end of the applicable period is deportable. (G) Marriage fraud An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182(a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if— (i) the alien obtains any entry into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such entry of the alien and which, within 2 years subsequent to any entry of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or (ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien's marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien's entry as an immigrant. (H) Waiver authorized for certain misrepresentations The provisions of this paragraph relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens described in section 1182(a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who— (i) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and 'See References in Text note below. (ii) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation. A waiver of deportation for fraud or misrepresentation granted under this subparagraph shall also operate to waive deportation based on the grounds of inadmissibility at entry directly resulting from such fraud or misrepresentation. |