Public Law 119-83 (04/13/2026)

8 U.S.C. § 1321

Prevention of unauthorized landing of aliens

(a)

Failure to report; penalties

section 1223 of this titlesection 1284(a) of this titleIt shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in , bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crewman whose case is not covered by ) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed by the Attorney General of $3,000 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accordance with such proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the appropriate United States court.

(b)

Prima facie evidence

Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers.

(c)

Liability of owners and operators of international bridges and toll roads

(1)
Any owner or operator of a railroad line, international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and reasonably to fulfill the duty imposed by subsection (a) shall not be liable for the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien.
(2)
(A)
At the request of any person described in paragraph (1), the Attorney General shall inspect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of complying with subsection (a). The Attorney General shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General determines is satisfactory for such purpose.
(B)
Proof that any person described in paragraph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is effective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) (within the meaning of paragraph (1) of this subsection).

June 27, 1952, ch. 477 66 Stat. 226 Pub. L. 99–603, title I, § 114100 Stat. 3383 Pub. L. 101–649, title V, § 543(a)(8)104 Stat. 5058 Pub. L. 104–208, div. C, title III, § 308(g)(1)110 Stat. 3009–622 (, title II, ch. 8, § 271, ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 104–2081996—Subsec. (a). substituted “section 1223” for “section 1228”.

Pub. L. 101–6491990—Subsec. (a). substituted “$3,000” for “$1,000”.

Pub. L. 99–6031986—Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–649section 543(c) of Pub. L. 101–649section 1221 of this titleAmendment by applicable to actions taken after , see , set out as a note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .