Sec. 254. control of alien crewmen
676 words·~3 min read·
/statute-compilations/comps-1376/sec-254A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 254 control of alien crewmen **[**[8 U.S.C. 1284](/us/usc/t8/s1284)**]** ###
(a)The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof who fails
(1)to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration officer at the expense of the airline, any alien crewman employed thereon until an immigration officer has completely inspected such alien crewman, including a physical examination by the medical examiner, or
(2)to detain any alien crewman on board the vessel, or in the case of an aircraft at a place specified by an immigration officer at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such alien crewman under section 252 or unless an alien crewman has been permitted to land temporarily under section 212(d)(5) or 253 for medical or hospital treatment, or
(3)to remove345 such alien crewman if required to do so by an immigration officer, whether such removal345 requirement is imposed before or after the crewman is permitted to land temporarily under section 212(d)(5), 252, or 253, shall pay to the Commissioner the sum of $3,000346 for each alien crewman in respect of whom any such failure occurs. No such vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The Attorney General may, upon application in writing therefor, mitigate such penalty to not less than $500346 for each alien crewman in respect of whom such failure occurs, upon such terms as he shall think proper. 345See the appendix in this compilation for the provisions as in effect before April 1, 1997. 346§543(a)(4) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5058) substituted payment of $3,000 to the Commissioner for payment of $1,000 to the collector of customs and raised the minimum mitigating penalty from $200 to $500, effective for actions taken after November 29, 1990. ###
(b)Except as may be otherwise prescribed by regulations issued by the Attorney General, proof that an alien crewman did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the United States from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or remove347 such alien crewman. 347See the appendix in this compilation for the provisions as in effect before April 1, 1997. ###
(c)If the Attorney General finds that removal347 of an alien crewman under this section on the vessel or aircraft on which he arrived is impracticable or impossible, or would cause undue hardship to such alien crewman, he may cause the alien crewman to be removed347 from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the Attorney General finds this to be impracticable. All expenses incurred in connection with such removal,347 including expenses incurred in transferring an alien crewman from one place in the United States to another under such conditions and safeguards as the Attorney General shall impose, shall be paid by the owner or owners of the vessel or aircraft on which the alien arrived in the United States. The vessel or aircraft on which the alien arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satisfaction of the Attorney General. An alien crewman who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States.
Connectionstraces to 1
Traces to 1 document
U.S. Code
1 reference not yet in our index
- 104 Stat. 5058
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources