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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

CHAPTER 8-GENERAL PENALTY

PROVISIONS

PREVENTION OF UNAUTHORIZED LANDING PREVENTION OF UNAUTHORIZED LANDING
OF ALIENS

OF ALIENS; PENALTIES; PRIMA FACIE
PROOF OF LANDING

Sec. 271. (a) It shall be the duty of SEC. 10. (a) That it shall be the duty every person, including the owners, of every person, including owners, masmasters, officers, and agents of vessels, ters, officers, and agents of vessels of aircraft, transportation lines, or inter- transportation lines, or international national bridges or toll roads, other bridges or toll roads, other than railthan transportation lines which may way lines which may enter into a conenter into a contract as provided in sec- tract as provided in section 23, bringtion 238, bringing an alien to, or pro- ing an alien to, or providing a means viding a means for an alien to come to, for an alien to come to, the United the United States (including an alien States, to prevent the landing of such crewman whose case is not covered by alien in the United States at any time section 254 (a)) to prevent the landing or place other than as designated by of such alien in the United States at the immigration officers. Any such pera port of entry other than as desig- son, owner, master, officer, or agent who nated by the Attorney General or at fails to comply with the foregoing reany time or place other than as desig- quirements shall be guilty of a misdenated by the immigration officers. Any meanor and on conviction thereof shall such person, owner, master, officer, or be punished by a fine in each case of agent who fails to comply with the not less than $200 nor more than $1,000, foregoing requirements shall be liable or by imprisonment for a term not exto a penalty to be imposed by the At- ceeding one year, or by both such fine torney General of $1,000 for each such and imprisonment; or, if in the opinion violation, which may, in the discretion of the Attorney General, it is impracof the Attorney General, be remitted ticable or inconvenient to prosecute the or mitigated by him in accordance with person, owner, master, officer, or agent such proceedings as he shall by regu- of any such vessel, such person, owner, lation prescribe. Such penalty shall be master, officer, or agent shall be liable a lien upon the vessel or aircraft whose to a penalty of $1,000, which shall be owner, master, officer, or agent violates a lien upon the vessel whose owner, the provisions of this section, and such master, officer, or agent violates the vessel or aircraft may be libeled there provisions of this section, and such vesfor in the appropriate United States sel shall be libeled therefor in the approcourt.

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

(Act of 1917, sec. 10.)

BRINGING IN ALIENS SUBJECT TO DISA

BILITY OR AFFLICTED WITH DISEASE

STEAMSHIP FINES UNDER 1917 ACT;

BRINGING OF ALIENS SUBJECT TO DISA-
BILITY, OR AFFLICTED WITH DISEASE;
PENALTIES

SEC. 272. (a) Any person who shall SEC. 9. That it shall be unlawful for bring to the United States an alien any person, including any transporta(other than an alien crewman) who is tion company other than railway lines (1) feeble-minded, (2) insane, (3) an entering the United States from foreign epileptic, (4) afflicted with pyscho- contiguous territory, or the owner, maspathic personality, (5) a chronic al- ter, agent, or consignee of any vessel coholic, (6) afflicted with tuberculosis in to bring to the United States either any form, (7) afflicted with leprosy or from a foreign country or any insular any dangerous contagious disease, or possessions of the United States any

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(8) a narcotic drug addict, shall pay alien afflicted with idiocy, insanity, imto the collector of customs of the cus- becility. feeble-mindedness, epilepsy, toms district in which the place of ar- constitutional psycopathic inferiority, rival is located for each and every alien chronic alcoholism, tuberculosis in any so afflicted, the sum of $1,000 unless (1) form, or a loathsome or dangerous conthe alien was in possession of a valid, tagious disease, and if it shall appear unexpired immigrant visa, or (2) the to the satisfaction of the Attorney Genalien was allowed to land in the United eral that any alien so brought to the States, or (3) the alien was in pos- United States was afflicted with any of session of a valid unexpired nonimmi- the said diseases or disabilities at the grant visa or other document authoriz- time of foreign embarkation, and that ing such alien to apply for temporary the existence of such disease or disaadmission to the United States or an bility might have been detected by unexpired reentry permit issued to means of a competent medical examihim, and (A) such application was nation at such time, such person or made within one hundred and twenty transportation company, or the master, days of the date of issuance of the visa agent, owner, or consignee of any such or other document, or in the case of an vessel shall pay to the collector of cusalien in possession of a reentry permit, toms of the customs district in which within one hundred and twenty days of the port of arrival is located the sun the date on which the alien was last of $1,000, and in addition a sum equal examined and admitted by the Service, to that paid by such alien for his transor (B) in the event the application was portation from the initial point of demade later than one hundred and parture, indicated in his ticket, to the twenty days of the date of issuance of port of arrival for each and every viothe visa or other document or such lation of the provisions of this section, examination and admission, if such per- such latter sum to be delivered by the son establishes to the satisfaction of collector of customs to the alien on the Attorney General that the existence whose account assessed. It shall also of such disease or disability could not be unlawful for any such person to have been detected by the exercise of bring to any port of the United States due diligence prior to the alien's em- any alien afflicted with any mental debarkation.

fect other than those above specifically (b) Any person who shall bring to the named, or physical defect of a nature United States an alien (other than an which may affect his ability to earn a alien crewman) afflicted with any men- living, as contemplated in section 3 of tal defect other than those enumerated this Act, and if it shall appear to the in subsection (a) of this section, or any satisfaction of the Attorney General physical defect of a nature which may that any alien so brought to the United affect his ability to earn a living, as States was so afflicted at the time of provided in section 212 (a) (7), shall foreign embarkation, and that the expay to the collector of customs of the istence of such mental or physical decustoms district in which the place of fect might have been detected by means arrival is located for each and every of a competent medical examination at alien so afflicted, the sum of $250, such time, such person shall pay to the unless (1) the alien was in possession collector of customs of the customs disof a valid, unexpired immigrant visa, trict in which the port of arrival is loor (2) the alien was allowed to land cated the sum of $250, and in addition in the United States, or (3) the alien a sum equal to that paid by such alien was in possession of a valid unexpired for his transportation from the initial nonimmigrant visa or other document point of departure, indicated in his authorizing such alien to apply for tem- ticket, to the port of arrival, for each porary admission to the United States and every violation of this provision, or an unexpired reentry permit issued such latter sum to be delivered by the to him, and (A) such application was collector of customs to the alien for made within one hundred and twenty whose account assessed. It shall also days of the date of issuance of the visa be unlawful for any such person to or other document, or in the case of bring to any port of the Uinted States an alien in possession of a reentry per- any alien who is excluded by the promit, within one hundred and twenty visions of section 3 of this Act because days of the date on which the alien unable to read, or who is excluded by was last examined and admitted by the the terms of section 3 of this Act as a Service, or (B) in the event the ap- native of that portion of the Continent plication was made later than one hun- of Asia and the islands adjacent thereto

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

dred and twenty days of the date of is- described in said section, and if it shall suance of the visa or other document appear to the satisfaction of the Ator such examination and admission, if torney General that these disabilities such person establishes to the satisfac- might have been detected by the exertion of the Attorney General that the cise of reasonable precaution prior to existence of such disease or disability the departure of such aliens from a forcould not have been detected by the ex- eign port, such person shall pay to the ercise of due diligence prior to the collector of customs of the customs disalien's embarkation.

trict in which the port of arrival is lo(c) No vessel or aircraft shall be cated the sum of $1,000, and in addition granted clearance papers pending de- a sum equal to that paid by such alien termination of the question of liability for his transportation from the initial to the payment of any fine under this point of departure, indicated in his section, or while the fines remain un- ticket, to the port of arrival, for each paid, nor shall such fines be remitted and every violation of this provision, or refunded; but clearance may be such latter sum to be delivered by the granted prior to the determination of collector of customs to the alien on such question upon the deposit of a whose account assessed. If a fine is sum sufficient to cover such fines or of imposed under this section for the a bond with sufficient surety to secure bringing of an alien to the United the payment thereof, approved by the States, and if such alien is accompacollector of customs.

nied by another alien who is excluded (d) Nothing contained in this section from admission by the last proviso of shall be construed to subject transpor- section 18 of this Act, the person tation companies to a fine for bringing liable for such fine shall pay to the colto ports of entry in the United States lector of customs, in addition to such aliens who are entitled by law to ex- fine but as a part thereof, a sum equal emption from the excluding provisions to that paid by such accompanying alien of section 212 (a).

for his transportation from his initial (e) As used in this section, the term point of departure indicated in his “person" means the owner, master, ticket, to the point of arrival, such sum agent, commanding officer, charterer, to be delivered by the collector of cusor consignee of any vessel or aircraft. toms to the accompanying alien when

deported. And vessel shall be granted clearance papers pending the determination of the question of the liability to the payment of such fines, or while the fines remain unpaid, nor shall such fines be remitted or refunded : Provided, That clearance

may be granted prior to the determination of such questions 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 collector of customs: Provided further, That nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of the United States aliens who are by any of the provisos or excep tions to section 3 of this Act exempted from the excluding provisions of said section. (Act of 1917, sec. 9.)

no

UNLAWFUL BRINGING OF ALIENS INTO UNLAWFUL BRINGING OF ALIEN INTO
UNITED STATES

UNITED STATES BY WATER; PENALTY ;
AMOUNT; CLEARANCE TO VESSELS; RE-

MISSION OR REFUNDMENT SEC. 273. (a) It shall be unlawful for any person, including any transporta- SEC. 16. (a) It shall be unlawful for tion company, or the owner, master, any person, including any transportacommanding officer, agent, charterer, tion company, or the owner, master, or consignee of any vessel or aircraft, agent, charterer, or consignee of any

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414 to bring to the United States from any vessel, to bring to the United States by place outside thereof (other than from water from any place outside thereof foreign contiguous territory) any alien (other than foreign contiguous terriwho does not have an unexpired visa, tory) (1) any immigrant who does not if a visa was required under this Act have an unexpired immigration visa, or or regulations issued thereunder. (2) any quota immigrant having an

immigration visa the visa in which specifies him as a nonquota immigrant,

(Act of 1924, sec. 16 (a).) (b) If it appears to the satisfaction

(b) If it appears to the satisfaction of the Attorney General that any alien of the Attorney General that any imhas been so brought, such person, or migrant has been so brought, such pertransportation company, or the master, son, or transportation company, or the commanding officer, agent, owner, master, agent, owner, charterer, or charterer, or consignee of any such consignee of any such vessel, shall pay vessel or aircraft, shall pay to the col- to the collector of customs of the cuslector of customs of the customs district toms district in which the port of arin which the port of arrival is located rival is located the sum of $1,000 for the sum of $1,000 for each alien so each immigrant so brought, and in adbrought and, except in the case of any dition a sum equal to that paid by such such alien who is admitted, or permitted immigrant for his transportation from to land temporarily, in addition, a sum the initial point of departure, indicated equal to that paid by such alien for in his ticket, to the port of arrival, such his transportation from the initial latter sum to be delivered by the col. point of departure, indicated in his lector of customs to the immigrant on ticket, to the port of arrival, such latter whose account assessed : Provided, That sum to be delivered by the collector of no fine nor refund, as provided for in customs to the alien on whose account this subsection, nor any expense incithe assessment is made. No vessel or dent to detention in connection with an aircraft shall be granted clearance application for admission to the United pending the determination of the States, shall be assessed or required liability to the payment of such sums for bringing into the United States any or while such sums remain unpaid, alien, if such alien holds an unexpired except that clearance may be granted visa issued by a United States consul prior to the determination of such within sixty days of the alien's foreigu question upon the deposit of an amount embarkation. No vessel shall be grantsufficient to cover such sums, or of a ed clearance pending the determination bond with sufficient surety to secure the of the liability to the payment of such payment thereof approved by the rol- sums, or while such sums remain unlector of customs.

paid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs. (Act of

1924, sec. 16 (b).) (c) Such sums shall not be remitted (c) Such sums shall not be remitted or refunded, unless it appears to the or refunded, unless it appears to the satisfaction of the Attorney General satisfaction of the Attorney General that such person, and the owner, mas- that such person, and the owner, mas. ter, commanding officer, agent, char- ter, agent, charterer, and consignee of terer, and consignee of the vessel or air- the vessel, prior to the departure of the craft, prior to the departure of the ves- vessel from the last port outside the sel or aircraft from the last port out- United States did not know, and could side the United States, did not know, not have ascertained by the exercise of and could not have ascertained by the reasonable diligence, (1) that the indiexercise of reasonable diligence, that vidual transported was an immigrant, the individual transported was an alien if the fine was imposed for bringing and that a visa was required.

an immigrant without an unexpired immigration visa, or (2) that the individual transported was a quota immigrant, if the fine was imposed for bringing a quota immigrant, the visa in

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

whose immigration visa specified him as being a nonquota immigrant. (Act

of 1924, sec. 16 (c).) (d) The owner, charterer, agent, con- That any person, without the consignee, commanding officer, or master of sent of the owner, charterer, or master any vessel or aircraft arriving at the of any vessel and with the intent to United States from any place outside obtain, without paying therefor, transthereof who fails to detain on board or portation on such vessel to any place, at such other place as may be desig- within or without the United States, nated by an immigration officer any who shall board, enter, or secrete himalien stowaway until such stowaway self aboard such vessel, and shall be has been inspected by an immigration thereon at the time of departure of officer, or who fails to detain such stow- said vessel from a port, harbor, wharf, away on board or at such other desig- or other place within the jurisdiction nated place after inspection if ordered of the United States, including the to do so by an immigration officer, or Canal Zone, or who, with such intent who fails to deport such stowaway on having boarded, entered, or secreted the vessel or aircraft on which he ar- himself aboard such vessel in any place rived or on another vessel or aircraft within or without the jurisdiction of at the expense of the vessel or aircraft the United States, shall remain aboard on which he arrived when required to any such vessel after such vessel has do so by an immigration officer, shall left such place and who shall be thereon pay to the collector of customs of the at any place within the jurisdiction of customs district in which the port of the United States including the Canal arrival is located the sum of $1,000 for Zone, shall be guilty of a misdemeanor each alien stowaway, in respect of whom and shall be liable to a fine not exceedany such failure occurs. Pending final ing $500 or imprisonment for a period determination of liability for such fine, not exceeding one year, or both, in the no such vessel or aircraft shall be discretion of the court. (Act of June granted clearance, except that clear- 11, 1940; 18 U. S. C. 469.) ance may be granted upon the deposit That any person who, without the of a sum sufficient to cover such fine, consent of the owner, charterer, or peror of a bond with sufficient surety to son in command of any aircraft and secure the payment thereof approved by with intent to obtain a ride or transthe collector of customs. The provi- portation in such aircraft in flight, shall sions of section 235 for detention of board or be within such aircraft schedaliens for examination before special uled to fly or flying between any State, inquiry officers and the right of appeal Territory, or possession, or the District provided for in section 236 shall not of Columbia, the Canal Zone, or any apply to aliens who arrive as stow- place occupied by, or under the jurisaways and no such alien shall be per- diction of, the armed forces of the mitted to land in the United States, United States nd any place outside except temporarily for medical treat- thereof; or between points within the ment, or pursuant to such regulations same State, Territory, or possession, the as the Attorney General may prescribe District of Columbia, the Canal Zone, for the ultimate departure or removal or any place occupied by, or under the or deportation of such alien from the jurisdiction of, any of the armed forces United States.

of the United States, but through the air space over any place outside thereof; or wholly within the air space over any Territory, possession, the District of Columbia, the Canal Zone, or any place occupied by, or under the jurisdiction of, the armed forces of the United States shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Sec. 1, Act of March 4, 1944; 18 U. S. C. 472.)

SEC. 2. Any person who, without the consent of the United States, its duly authorized officer or agent or the person in command of any aircraft owned or operated by the United States and with intent to obtain a ride or transporta

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