§1284 Control of Alien Crewmen

Summary

Owners, agents, consignees, charterers, captains, or commanding officers must keep foreign crew members who arrive from outside the United States on the ship or at a place an immigration officer names (for planes, at the airline’s cost) until an immigration officer finishes inspecting them, including a physical exam by a medical examiner. If they do not detain a crew member, do not keep them detained after inspection unless the crew member got a temporary landing permit under sections 1282, 1182(d)(5), or 1283, or do not remove the crew member when an immigration officer orders removal, the responsible parties must pay $3,000 for each crew member. The vessel or aircraft cannot get clearance while the fine is being decided or unpaid, unless a deposit or a bond approved by the Commissioner is posted. The Attorney General can lower the fine to no less than $500 per crew member on written request. If a crew member is missing from the outgoing manifest or was reported as a deserter, that is initial proof that the line failed to detain or remove them, unless the Attorney General’s rules say otherwise. If removing the crew member on the arriving vessel or plane is impractical, the Attorney General may send them off on another vessel or plane of the same line. All costs for removal or transfers inside the United States must be paid or guaranteed by the owner of the vessel on which the crew member arrived. A crew member moved this way is not considered to have been landed in the United States.