PRIA, Government Policy, Made Personal

Summary

Immigration officers can give certain nonimmigrant crew members a temporary permit to land in the United States if the crewman is admissible and agrees. The officer follows rules set by the Attorney General and can later cancel the permit. The permit can last up to 29 days while the ship or plane is in port if the crewman will leave on that same vessel; 29 days if the crewman will leave during the permit on a different vessel or plane; or up to 180 days if the crewman will leave during the permit and will perform ship-to-ship liquid cargo transfers with another foreign-trade vessel. An officer can cancel the permit and take the crewman into custody if the crewman is not a real crew member or does not plan to depart on the vessel or aircraft that brought him. The transportation company that brought the crewman must take him back, pay to remove him from the United States, and cover detention costs until removal. A crewman who willfully stays longer than allowed can be fined under federal law, jailed for up to 6 months, or both.

Title 8, §1282

Aliens and Nationality, Source: USLM XML via OLRC

(a)Period of time

No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and section 1182(d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title and is otherwise admissible and has agreed to accept such permit, he may, in his discretion, grant the crewman a conditional permit to land temporarily pursuant to regulations prescribed by the Attorney General, subject to revocation in subsequent proceedings as provided in subsection (b), and for a period of time, in any event, not to exceed—

(1)the period of time (not exceeding twenty-nine days) during which the vessel or aircraft on which he arrived remains in port, if the immigration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived;

(2)twenty-nine days, if the immigration officer is satisfied that the crewman intends to depart, within the period for which he is permitted to land, on a vessel or aircraft other than the one on which he arrived; or

(3)180 days, if the immigration officer determines that the crewman—

(A)intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and

(B)will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period.

(b)Revocation; expenses of detention

Pursuant to regulations prescribed by the Attorney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the provisions of subsection (a)(1), take such crewman into custody, and require the master or commanding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be removed from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so removed, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in section 1229a of this title to cases falling within the provisions of this subsection.

(c)Penalties

Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) shall be fined under title 18 or imprisoned not more than 6 months, or both.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (a)(3). Pub. L. 117–360 added par. (3). 1996—Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted “section 1229a” for “section 1252”. Pub. L. 104–208, § 308(e)(2)(E), substituted “removed” for “deported” in two places. 1991—Subsec. (c). Pub. L. 102–232 substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”. 1990—Subsec. (c). Pub. L. 101–649 substituted “shall be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months” for “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

Effective Date

of 1991 AmendmentAmendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title. Rule of

Construction

For purposes of amendment by Pub. L. 117–360, performance by crewmen of ship-to-ship liquid cargo transfer operations not to be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States, see section 4 of Pub. L. 117–360, 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.

§1282 Conditional Permits to Land Temporarily

Summary

Title 8, §1282

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Construction

Transfer of Functions

Transfer of Functions

Citations & Metadata