--- kind: "section" citation: "8 U.S.C. § 1284" title: "8" title_heading: "Aliens and Nationality" number: "1284" heading: "Control of alien crewmen" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/8/1284" units: - "Chapter 12 — Immigration and Nationality" - "Subchapter II — Immigration" - "Part VI — Special Provisions Relating to Alien Crewmen" --- # §1284. Control of alien crewmen - (a) **Penalties for failure—** The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the [United States](/usc/8/1101.md?p=a-38) from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an [immigration officer](/usc/8/1101.md?p=a-18) at the expense of the airline, any [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) employed thereon until an [immigration officer](/usc/8/1101.md?p=a-18) has completely inspected such [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10), including a physical examination by the medical examiner, or (2) to detain any [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) on board the vessel, or in the case of an aircraft at a place specified by an [immigration officer](/usc/8/1101.md?p=a-18) at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) under [section 1282 of this title](/usc/8/1282.md) or unless an [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) has been permitted to land temporarily under section [1182(d)(5)](/usc/8/1182.md?p=d-5) or [1283](/usc/8/1283.md) of this title for medical or hospital treatment, or (3) to remove such [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) if required to do so by an [immigration officer](/usc/8/1101.md?p=a-18), whether such removal requirement is imposed before or after the [crewman](/usc/8/1101.md?p=a-10) is permitted to land temporarily under section [1182(d)(5)](/usc/8/1182.md?p=d-5), [1282](/usc/8/1282.md), or [1283](/usc/8/1283.md) of this title, shall pay to the [Commissioner](/usc/8/1101.md?p=a-8) the sum of $3,000 for each [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) in respect to whom any such failure occurs. No such vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the [Commissioner](/usc/8/1101.md?p=a-8). The [Attorney General](/usc/8/1101.md?p=a-5) may, upon application in writing therefor, mitigate such penalty to not less than $500 for each [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) in respect of whom such failure occurs, upon such terms as he shall think proper. - (b) **Prima facie evidence against transportation line—** Except as may be otherwise prescribed by regulations issued by the [Attorney General](/usc/8/1101.md?p=a-5), proof that an [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the [United States](/usc/8/1101.md?p=a-38) from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or remove such [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10). - (c) **Removal on other than arriving vessel or aircraft; expenses—** If the [Attorney General](/usc/8/1101.md?p=a-5) finds that removal of an [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) under this section on the vessel or aircraft on which he arrived is impracticable or impossible, or would cause undue hardship to such [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10), he may cause the [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) to be removed from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the [Attorney General](/usc/8/1101.md?p=a-5) finds this to be impracticable. All expenses incurred in connection with such removal, including expenses incurred in transferring an [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) from one place in the [United States](/usc/8/1101.md?p=a-38) to another under such conditions and safeguards as the [Attorney General](/usc/8/1101.md?p=a-5) shall impose, shall be paid by the owner or owners of the vessel or aircraft on which the [alien](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38). The vessel or aircraft on which the [alien](/usc/8/1101.md?p=a-3) arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satisfaction of the [Attorney General](/usc/8/1101.md?p=a-5). An [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) who is transferred within the [United States](/usc/8/1101.md?p=a-38) in accordance with this subsection shall not be regarded as having been landed in the [United States](/usc/8/1101.md?p=a-38). ## Source credit (June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221; Pub. L. 101–649, title V, § 543(a)(4), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 102–232, title III, § 306(c)(4)(C), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(1)(I), (2)(F), (12), Sept. 30, 1996, 110 Stat. 3009–619, 3009–620.) ## Notes ### Editorial Notes ### Amendments 1996—Pub. L. 104–208 substituted “remove” for “deport” in subsecs. (a) and (b), “removal” for “deportation” wherever appearing in subsecs. (a) and (c), and “removed” for “deported” in subsec. (c). 1991—Subsec. (a). Pub. L. 102–232 substituted “Commissioner” for “collector of customs” before period at end of penultimate sentence. 1990—Subsec. (a). Pub. L. 101–649 substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the orders of the officer occurs the sum of $1,000” and “$500” for “$200”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1996 Amendment Amendment 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 Amendment Amendment 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 Amendment Amendment 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. ### 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.