§1321 Prevention of unauthorized landing of aliens

Summary

Anyone who brings or helps bring a non‑citizen to the United States must stop that person from landing anywhere other than the port, time, and place that immigration officers or the Attorney General allow. This rule covers owners, captains, officers, and agents of ships, planes, and most transportation lines, and it still applies to crew members unless another law (section 1284(a)) covers them. If they fail, the Attorney General can fine them $3,000 for each violation, can reduce or cancel the fine under rules the Attorney General creates, and can place a lien on the offending ship or plane and sue against it in federal court. If a non‑citizen did not show up where or when immigration officers said to, that is taken as proof they landed at the wrong place or time. Railroad, bridge, or toll‑road owners or operators who show the Attorney General they acted reasonably and tried to follow the duty are not liable for the fine. They may ask the Attorney General to inspect any entry facility or method they use; the Attorney General will approve ones he finds satisfactory for a set time. Using and maintaining an approved facility or method during its approval period counts as proof they acted reasonably.