Sec. 273. unlawful bringing of aliens into united states

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## Sec. 273 unlawful bringing of aliens into united states **[**[8 U.S.C. 1323](/us/usc/t8/s1323)**]** ###

(a)#### (1)366 It shall be unlawful for any person, including any transportation company, or the owner, master, commanding officer, agent, charterer, or consignee of any vessel or aircraft, to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have a valid passport367 and an unexpired visa, if a visa was required under this Act or regulations issued thereunder. 366See the appendix in this compilation for the provisions as in effect before April 1, 1997. 367The reference to a valid passport was inserted by §201(b) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5014), effective November 29, 1990. ####

(2)It is unlawful for an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft who is bringing an alien (except an alien crewmember) to the United States to take any consideration to be kept or returned contingent on whether an alien is admitted to, or ordered removed from, the United States. ###

(b)If it appears to the satisfaction of the Attorney General that any alien has been so brought, such person, or transportation company, or the master, commanding officer, agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the Commissioner a fine of $3,000368 for each alien so brought and, except in the case of any such alien who is admitted, or permitted to land temporarily, in addition, an amount equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter fine to be delivered by the Commissioner369 to the alien on whose account the assessment is made. No vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine or while such fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. 368§543(a)(10)(A) 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, effective for actions taken after November 29, 1990. 369§219(p) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4317, Oct. 25, 1994) substituted “Commissioner” for “collector of customs”. ###

(c)Except as provided in subsection (e), such fine shall not be remitted or refunded, unless it appears to the satisfaction of the Attorney General that such person, and the owner, master, commanding officer, agent, charterer, and consignee of the vessel or aircraft, prior to the departure of the vessel or aircraft from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an alien and that a valid passport367 or visa was required. **[**(d) Repealed by section 308(e)(13) of P.L. 104–208; 110 Stat. 3009–620.**]** ### (e)370 A fine under this section may be reduced, refunded, or waived under such regulations as the Attorney General shall prescribe in cases in which— 370Subsection

(e)was added by §209(a)(6) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4312, Oct. 25, 1994), effective with respect to aliens brought to the United States after December 25, 1994, under §209(b) of that Act; the effective date reflects probably intent (by substituting “section” for “subsection” in that §209(b)). ####

(1)the carrier demonstrates that it had screened all passengers on the vessel or aircraft in accordance with procedures prescribed by the Attorney General, or ####

(2)circumstances exist that the Attorney General determines would justify such reduction, refund, or waiver.

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