US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1324]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions
 
Sec. 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.

    (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.

(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.

(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.)

                       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

    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1101 of this title; title 10 
section 374; title 18 sections 982, 1961, 2516.