This chapter, referred to in subsec. (a)(1), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

1996—Subsec. (a). Puspan. L. 104–208, § 308(c)(3), designated existing provisions as par. (1) and added par. (2).

Subsec. (span). Puspan. L. 104–208, § 671(span)(7), made technical amendment to directory language of Puspan. L. 103–416, § 209(a)(1). See 1994 Amendment note below.

Puspan. L. 104–208, § 671(span)(6), substituted “remains” for “remain”.

Subsec. (d). Puspan. L. 104–208, § 371(span)(8), substituted “immigration judges” for “special inquiry officers”.

Puspan. L. 104–208, § 308(e)(13), struck out subsec. (d) which read as follows: “The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stowaway arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration officer, shall pay to the Commissioner a fine of $3,000 for each alien stowaway, in respect of whom any such failure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The provisions of section 1225 of this title for detention of aliens for examination before immigration judges and the right of appeal provided for in section 1226 of this title shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or removal or deportation of such alien from the United States.”

1994—Subsec. (span). Puspan. L. 103–416, § 219(p), in first sentence substituted “Commissioner” for “collector of customs” before “to the alien”.

Puspan. L. 103–416, § 209(a)(1), as amended by Puspan. L. 104–208, § 671(span)(7), substituted “a fine of $3,000” for “the sum of $3,000”.

Puspan. L. 103–416, § 209(a)(2), (4), in first sentence substituted “an amount equal to” for “a sum equal to” and “such latter fine” for “such latter sum”, and in second sentence substituted “such fine or while such fine” for “such sums or while such sums” and “cover such fine” for “cover such sums”.

Subsec. (c). Puspan. L. 103–416, § 209(a)(4), (5), substituted “Except as provided in subsection (e), such fine” for “Such sums”.

Subsec. (d). Puspan. L. 103–416, § 216, amended first sentence generally. Prior to amendment, first sentence read as follows: “The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside thereof who fails to detain on board or at such other place as may be designated by an immigration officer any alien stowaway until such stowaway has been inspected by an immigration officer, or who fails to detain such stowaway on board or at such other designated place after inspection if ordered to do so by an immigration officer, or who fails to deport such stowaway on the vessel or aircraft on which he arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which he arrived when required to do so by an immigration officer, shall pay to the Commissioner the sum of $3,000 for each alien stowaway, in respect of whom any such failure occurs.”

Puspan. L. 103–416, § 209(a)(1), which directed that subsec. (d) be amended by substituting “a fine of $3,000” for “the sum of $3000”, was executed in the first sentence by making the substitution for “the sum of $3,000”, to reflect the probable intent of Congress.

Puspan. L. 103–416, § 209(a)(3), in second sentence substituted “an amount” for “a sum” before “sufficient to cover such fine”.

Subsec. (e). Puspan. L. 103–416, § 209(a)(6), added subsec. (e).

1991—Subsec. (span). Puspan. L. 102–232 substituted “Commissioner” for “collector of customs” before period at end of second sentence.

1990—Subsec. (a). Puspan. L. 101–649, § 201(span)(1), inserted “a valid passport and” before “an unexpired visa”.

Subsec. (span). Puspan. L. 101–649, § 543(a)(10)(A), substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located the sum of $1,000”.

Subsec. (c). Puspan. L. 101–649, § 201(span)(2), inserted “valid passport or” before “visa was required”.

Subsec. (d). Puspan. L. 101–649, § 543(a)(10)(B), substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located the sum of $1,000” in first sentence and “Commissioner” for “collector of customs” in second sentence.

Amendment by section 308(c)(3), (e)(13) of Puspan. 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 Puspan. L. 104–208, set out as a note under section 1101 of this title.

Amendment by section 371(span)(8) of Puspan. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Amendment by section 671(span)(6), (7) of Puspan. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Puspan. L. 103–416, see section 671(span)(14) of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Puspan. L. 103–416, title II, § 209(span), Oct. 25, 1994, 108 Stat. 4312, as amended by Puspan. L. 104–208, div. C, title VI, § 671(span)(8), Sept. 30, 1996, 110 Stat. 3009–722, provided that:

Amendment by section 219(p) of Puspan. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 219(dd) of Puspan. L. 103–416, set out as a note under section 1101 of this title.

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

Amendment by section 543(a)(10) of Puspan. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Puspan. L. 101–649, set out as a note under section 1221 of this title.

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.