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LegalText 8 U.S.C. § 1321 Prevention of unauthorized landing of aliens us united_states_code code_section 8 ALIENS AND NATIONALITY 12 IMMIGRATION AND NATIONALITY 1321 8 U.S.C. § 1321 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip /us/usc/t8/s1321 data/legal/raw/us/code/title-08/usc08.xml 95012c72e0c1fc41068454346d0c3c0d85d82be1b0ebb856588f81dd01227df3 18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c c0c65f20222323150fbe3a013690b71ab9117de27db74ddcb610cf815160b62c 2026-07-04 official
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8 U.S.C. § 1321 - Prevention of unauthorized landing of aliens

Text

(a) Failure to report; penalties It 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 section 1223 of this title, 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 section 1284(a) of this title) 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, title II, ch. 8, § 271, 66 Stat. 226; Pub. L. 99603, title I, § 114, Nov. 6, 1986, 100 Stat. 3383; Pub. L. 101649, title V, § 543(a)(8), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 104208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009622.)

Notes

Editorial Notes

Amendments1996—Subsec. (a). Pub. L. 104208 substituted “section 1223” for “section 1228”. 1990—Subsec. (a). Pub. L. 101649 substituted “$3,000” for “$1,000”. 1986—Subsec. (c). Pub. L. 99603 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 AmendmentAmendment by Pub. L. 104208 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. 104208, set out as a note under section 1101 of this title.

Effective Date of 1990 AmendmentAmendment by Pub. L. 101649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101649, set out as a note under section 1221 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.