1999 US Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part VIII - General Penalty Provisions
Sec. 1322 - Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 5, Title 8 - ALIENS AND NATIONALITY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 8 - ALIENS AND NATIONALITY CHAPTER 12 - IMMIGRATION AND NATIONALITY SUBCHAPTER II - IMMIGRATION Part VIII - General Penalty Provisions Sec. 1322 - Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined |
Contains | section 1322 |
Date | 1999 |
Laws in Effect as of Date | January 23, 2000 |
Positive Law | No |
Disposition | standard |
Source Credit | June 27, 1952, ch. 477, title II, ch. 8, §272, 66 Stat. 226; Pub. L. 89-236, §18, Oct. 3, 1965, 79 Stat. 920; Pub. L. 101-649, title V, §543(a)(9), title VI, §603(a)(15), Nov. 29, 1990, 104 Stat. 5058, 5083; Pub. L. 102-232, title III, §307(<em>l</em>)(7), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 103-416, title II, §219(<em>o</em>), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-208, div. C, title III, §308(d)(3)(A), (4)(I)(i), Sept. 30, 1996, 110 Stat. 3009-617, 3009-618. |
Statutes at Large References | 66 Stat. 226 79 Stat. 920 104 Stat. 5058 105 Stat. 1757 108 Stat. 4317 110 Stat. 3009-617 |
Public Law References | Public Law 89-236, Public Law 101-649, Public Law 102-232, Public Law 103-416, Public Law 104-208 |
§1322. Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined
(a) Any person who shall bring to the United States an alien (other than an alien crewman) who is inadmissible under section 1182(a)(1) of this title shall pay to the Commissioner for each and every alien so afflicted the sum of ,000 unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien 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 (A) 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 (B) 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 such person establishes to the satisfaction of the Attorney General that the existence of the condition causing inadmissibility could not have been detected by the exercise of due diligence prior to the alien's embarkation.
(b) No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by the Commissioner.
(c) Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in the United States aliens who are entitled by law to exemption from the provisions of section 1182(a) of this title.
(d) As used in this section, the term “person” means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft.
(June 27, 1952, ch. 477, title II, ch. 8, §272, 66 Stat. 226; Pub. L. 89–236, §18, Oct. 3, 1965, 79 Stat. 920; Pub. L. 101–649, title V, §543(a)(9), title VI, §603(a)(15), Nov. 29, 1990, 104 Stat. 5058, 5083; Pub. L. 102–232, title III, §307(l)(7), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 103–416, title II, §219(o), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §308(d)(3)(A), (4)(I)(i), Sept. 30, 1996, 110 Stat. 3009–617, 3009–618.)
Amendments1996—Pub. L. 104–208, §308(d)(4)(I)(i)(I), amended section catchline.
Subsec. (a). Pub. L. 104–208, §308(d)(3)(A), (4)(I)(i)(II), substituted “inadmissible” for “excludable” and “condition causing inadmissibility” for “excluding condition”.
Subsec. (c). Pub. L. 104–208, §308(d)(4)(I)(i)(III), struck out “excluding” after “exemption from the”.
1994—Subsec. (a). Pub. L. 103–416 struck out comma after “every alien so afflicted”.
1991—Subsec. (a). Pub. L. 102–232 struck out comma before “shall pay”.
1990—Pub. L. 101–649, §603(a)(15)(D), substituted “exclusion on a health-related ground” for “disability or afflicted with disease” in section catchline.
Subsec. (a). Pub. L. 101–649, §603(a)(15)(A), substituted “excludable under section 1182(a)(1) of this title” for “(1) mentally retarded, (2) insane, (3) afflicted with psychopathic personality, or with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict” and “the excluding condition” for “such disease or disability”.
Pub. L. 101–649, §543(a)(9)(A), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “,000” for “,000”.
Subsec. (b). Pub. L. 101–649, §603(a)(15)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Any person who shall bring to the United States an alien (other than an alien crewman) afflicted with any mental defect other than those enumerated in subsection (a) of this section, or any physical defect of a nature which may affect his ability to earn a living, as provided in section 1182(a)(7) of this title, shall pay to the Commissioner for each and every alien so afflicted, the sum of ,000, unless (1) the alien was in possession of a valid, unexpired immigrant visa, or (2) the alien was allowed to land in the United States, or (3) the alien 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 (A) 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 (B) 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 such person establishes to the satisfaction of the Attorney General that the existence of such disease or disability could not have been detected by the exercise of due diligence prior to the alien's embarkation.”
Pub. L. 101–649, §543(a)(9)(B), substituted “Commissioner” for “collector of customs of the customs district in which the place of arrival is located” and “,000” for “0”.
Subsec. (c). Pub. L. 101–649, §603(a)(15)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 101–649, §543(a)(9)(C), substituted “Commissioner” for “collector of customs”.
Subsecs. (d), (e). Pub. L. 101–649, §603(a)(15)(C), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
1965—Subsec. (a). Pub. L. 89–236 substituted “mentally retarded” for “feeble-minded”, struck out references to epileptics and persons afflicted with tuberculosis and leprosy, and inserted reference to persons afflicted with sexual deviation.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.
Effective Date of 1991 AmendmentSection 307(l) of Pub. L. 102–232 provided that the amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.
Effective Date of 1990 AmendmentAmendment by section 543(a)(9) of 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.
Amendment by section 603(a)(15) of Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 89–236 effective, except as otherwise provided, on first day of first month after expiration of thirty days following date of enactment of Pub. L. 89–236, which was approved on Oct. 3, 1965, see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title.
Cross ReferencesDefinition of the term—
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Crewman, see section 1101(a)(10) of this title.
Entry, see section 1101(a)(13) of this title.
Immigrant visa, see section 1101(a)(16) of this title.
Nonimmigrant visa, see section 1101(a)(26) of this title.
Person, as used in subchapter I of this chapter and this subchapter, see section 1101(b)(3) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
Reentry permit, see section 1203 of this title.
Section Referred to in Other SectionsThis section is referred to in section 1330 of this title.
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