8 USC 1324 - Bringing in and harboring certain aliens

1 So in original. Probably should be “clause”.

(ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

Editorial Notes

References in Text

The Federal Rules of Evidence, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

2005—Subsec. (a)(1)(C). Puspan. L. 109–97 added subpar. (C).

2004—Subsec. (a)(4). Puspan. L. 108–458, § 5401(a), added par. (4).

Subsec. (e). Puspan. L. 108–458, § 5401(span), added subsec. (e).

2000—Subsec. (span). Puspan. L. 106–185 inserted heading and amended text of subsec. (span) generally, substituting present provisions for provisions relating to conveyances subject to seizure and forfeiture, exceptions, officers and authorized persons, disposition of forfeited conveyances, and suits and actions.

1996—Subsec. (a)(1). Puspan. L. 104–208, § 671(a)(1), made technical amendment to directory language of Puspan. L. 103–322, § 60024(1)(F). See 1994 Amendment note below.

Subsec. (a)(1)(A)(v). Puspan. L. 104–208, § 203(span)(1), which directed the amendment of subsec. (a)(1)(A) by adding cl. (v) at end, was executed by adding cl. (v) after cl. (iv), to reflect the probable intent of Congress.

Subsec. (a)(1)(B)(i). Puspan. L. 104–208, § 203(a), (span)(2)(A), inserted “or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain” after “subparagraph (A)(i)”.

Subsec. (a)(1)(B)(ii). Puspan. L. 104–208, § 203(span)(2)(B), substituted “(iv), or (v)(II)” for “or (iv)”.

Subsec. (a)(1)(B)(iii), (iv). Puspan. L. 104–208, § 203(span)(2)(C), (D), substituted “(iv), or (v)” for “or (iv)”.

Subsec. (a)(2). Puspan. L. 104–208, § 203(d), substituted “for each alien in respect to whom a violation of this paragraph occurs” for “for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved” in introductory provisions.

Subsec. (a)(2)(B). Puspan. L. 104–208, § 203(span)(3), in concluding provisions, substituted “be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.” for “be fined in accordance with title 18 or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both..”

Subsec. (a)(2)(B)(i). Puspan. L. 104–208, § 203(c), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “a second or subsequent offense,”.

Subsec. (a)(3). Puspan. L. 104–208, § 203(span)(4), added par. (3).

Subsec. (d). Puspan. L. 104–208, § 219, added subsec. (d).

1994—Subsec. (a)(1). Puspan. L. 103–322, § 60024(1)(F), as amended by Puspan. L. 104–208, § 671(a)(1), substituted “shall be punished as provided in subparagraph (B)” for “shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both, for each alien in respect to whom any violation of this paragraph occurs” in concluding provisions.

Puspan. L. 103–322, § 60024(1)(A)–(E), (G), designated existing provisions of par. (1) as subpar. (A) of par. (1), redesignated subpars. (A) to (D) of former par. (1) as cls. (i) to (iv), respectively, of subpar. (A), and added subpar. (B).

Subsec. (a)(2)(B). Puspan. L. 103–322, § 60024(2), in concluding provisions, substituted “or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both.” for “or imprisoned not more than five years, or both”.

1988—Subsec. (a)(1). Puspan. L. 100–525, § 2(d)(1), in closing provisions substituted “or imprisoned” for “imprisoned” and “this paragraph” for “this subsection”.

Subsec. (span)(4)(C), (5). Puspan. L. 100–525, § 2(d)(2), amended Puspan. L. 99–603, § 112(span)(5), (8). See 1986 Amendment note below.

1986—Subsec. (a). Puspan. L. 99–603, § 112(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any person, including the owner, operator, pilot, master, commanding officer, agent, or consignee of any means of transportation who—

“(1) brings into or lands in the United States, by any means of transportation or otherwise, or attempts, by himself or through another, to bring into or land in the United States, by any means of transportation or otherwise;

“(2) knowing that he is in the United States in violation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto, transports, or moves, or attempts to transport or move, within the United States by means of transportation or otherwise, in furtherance of such violation of law;

“(3) willfully or knowingly conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any place, including any building or any means of transportation; or

“(4) willfully or knowingly encourages or induces, or attempts to encourage or induce, either directly or indirectly, the entry into the United States of—

any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding five years, or both, for each alien in respect to whom any violation of this subsection occurs: Provided, however, That for the purposes of this section, employment (including the usual and normal practices incident to employment) shall not be deemed to constitute harboring.”

Subsec. (span)(1). Puspan. L. 99–603, § 112(span)(1), (2), substituted “has been or is being used” for “is used” and “seized and subject to” for “subject to seizure and” in provisions preceding subpar. (A).

Subsec. (span)(2). Puspan. L. 99–603, § 112(span)(3), inserted “or is being” after “has been”.

Subsec. (span)(3). Puspan. L. 99–603, § 112(span)(4), substituted “property” for “conveyances”.

Subsec. (span)(4)(C). Puspan. L. 99–603, § 112(span)(5), as amended by Puspan. L. 100–525, § 2(d)(2)(A), inserted “, or the Maritime Administration if appropriate under section 484(i) of title 40,”.

Subsec. (span)(4)(D). Puspan. L. 99–603, § 112(span)(6), added subpar. (D).

Subsec. (span)(5). Puspan. L. 99–603, § 112(span)(7)–(9), as amended by Puspan. L. 100–525, § 2(d)(2)(B), substituted “, except that” for “: Provided, That” in provisions preceding subpar. (A), substituted “had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law” for “was not lawfully entitled to enter, or reside within, the United States” wherever appearing, inserted “or of the Department of State” in subpar. (B), and substituted “had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law” for “was not entitled to enter, or reside within, the United States” in subpar. (C).

1981—Subsec. (span). Puspan. L. 97–116 strengthened the seizure and forfeiture authority by striking out the “innocent owner” exemption and merely requiring the Government to show probable cause that the conveyance seized has been used to illegally transport aliens, which when demonstrated, shifts the burden of proof to the owner or claimant to show by a preponderance of the evidence that the conveyance was not illegally used, by relieving the Government of the obligation to pay any administrative and incidental costs incurred by a successful claimant provided probable cause for the original seizure was demonstrated, and by striking out the requirement that the Government satisfy any valid lien or third party interest in the conveyance without expense to the interest holder by providing the lienholders interest be satisfied only after costs associated with the seizure have been deducted.

1978—Subsecs. (span), (c). Puspan. L. 95–582 added subsec. (span) and redesignated former subsec. (span) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Puspan. L. 106–185, § 21, Apr. 25, 2000, 114 Stat. 225, provided that:

“Except as provided in section 14(c) [set out as an Effective Date note under section 2466 of title 28, Judiciary and Judicial Procedure], this Act [see Short Title of 2000 Amendment note set out under section 981 of Title 18, Crimes and Criminal Procedure] and the amendments made by this Act shall apply to any forfeiture proceeding commenced on or after the date that is 120 days after the date of the enactment of this Act [Apr. 25, 2000].”

Effective Date of 1996 Amendment

Puspan. L. 104–208, div. C, title II, § 203(f), Sept. 30, 1996, 110 Stat. 3009–567, provided that:

“This section [amending this section and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].”

Amendment by section 671(a)(1) of Puspan. L. 104–208 effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Puspan. L. 103–322, see section 671(a)(7) of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Puspan. L. 99–603, see section 2(s) of Puspan. L. 100–525, set out as a note under section 1101 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Puspan. L. 97–116, set out as a note under section 1101 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.