§1281 Alien crewmen

Summary

Ship or plane owners, agents, consignees, captains, or commanding officers must give an immigration officer at the port a full list of all foreign crew when arriving in the United States. The list must show each crew member’s name, job, where and when they were hired, and who will be paid off or discharged. The Attorney General can require more or different details. If any foreign crew illegally lands or deserts, the owner or officer must report it in writing as soon as they learn about it, with a description and any helpful information. Before leaving a U.S. port, they must give a list of foreign crew who will leave on the vessel or plane, and note anyone paid off, discharged, deserted, or landed there. Special timing rules can apply to vessels on the Great Lakes and connecting waters. If required by the Attorney General, failing to give required lists or reports can cost $200 for each missing crew member. Hiring a certain type of alien crewman (as described in section 1101(a)(15)(D)(i)) to do longshore work not part of normal ship duties brings a $5,000 fine, and that fine becomes a claim on the vessel. A ship or plane may not get permission to leave a port while the fine issue is decided or while the fine is unpaid. The fine cannot be canceled or returned. A bond or money can be posted to allow leaving before the decision. The Attorney General may make rules about when a vessel or plane is considered arriving or departing.