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http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001324----000-.html
TITLE 8 >
CHAPTER 12 >
SUBCHAPTER II >
Part VIII > § 1324
*The following is an exact duplicate of the law taken from http://www.law.cornell.edu/uscode/ § 1324. Bringing in and harboring certain aliens(a) Criminal penalties
(1)
(A) Any person
who—
(i) knowing that
a person is an alien, brings to or attempts to bring to the United
States in any manner whatsoever such person at a place other than a
designated port of entry or place other than as designated by the
Commissioner, regardless of whether such alien has received prior
official authorization to come to, enter, or reside in the United
States and regardless of any future official action which may be
taken with respect to such alien;
(ii) knowing or
in reckless disregard of the fact that an alien has come to,
entered, or remains in the United States in violation of law,
transports, or moves or attempts to transport or move such alien
within the United States by means of transportation or otherwise, in
furtherance of such violation of law;
(iii) knowing or
in reckless disregard of the fact that an alien has come to,
entered, or remains in the United States in violation of law,
conceals, harbors, or shields from detection, or attempts to
conceal, harbor, or shield from detection, such alien in any place,
including any building or any means of transportation;
(iv) encourages
or induces an alien to come to, enter, or reside in the United
States, knowing or in reckless disregard of the fact that such
coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in
any conspiracy to commit any of the preceding acts, or
(II) aids or
abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who
violates subparagraph (A) shall, for each alien in respect to whom
such a violation occurs—
(i) in the case
of a violation of subparagraph (A)(i) or (v)(I) or in the case of a
violation of subparagraph (A)(ii), (iii), or (iv) in which the
offense was done for the purpose of commercial advantage or private
financial gain, be fined under title 18, imprisoned not more than 10
years, or both;
(ii) in the case
of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be
fined under title 18, imprisoned not more than 5 years, or both;
(iii) in the
case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or
(v) during and in relation to which the person causes serious bodily
injury (as defined in section
1365 of title
18) to, or places in jeopardy the life of, any person, be fined
under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case
of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v)
resulting in the death of any person, be punished by death or
imprisoned for any term of years or for life, fined under title 18,
or both.
(C) It is not a
violation of clauses [1]
(ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph
(A) except where a person encourages or induces an alien to come to or
enter the United States, for a religious denomination having a bona
fide nonprofit, religious organization in the United States, or the
agents or officers of such denomination or organization, to encourage,
invite, call, allow, or enable an alien who is present in the United
States to perform the vocation of a minister or missionary for the
denomination or organization in the United States as a volunteer who
is not compensated as an employee, notwithstanding the provision of
room, board, travel, medical assistance, and other basic living
expenses, provided the minister or missionary has been a member of the
denomination for at least one year.
(2) Any person who,
knowing or in reckless disregard of the fact that an alien has not
received prior official authorization to come to, enter, or reside in
the United States, brings to or attempts to bring to the United States
in any manner whatsoever, such alien, regardless of any official action
which may later be taken with respect to such alien shall, for each
alien in respect to whom a violation of this paragraph occurs—
(A) be fined in
accordance with title 18 or imprisoned not more than one year, or
both; or
(B) in the case
of—
(i) an offense
committed with the intent or with reason to believe that the alien
unlawfully brought into the United States will commit an offense
against the United States or any State punishable by imprisonment
for more than 1 year,
(ii) an offense
done for the purpose of commercial advantage or private financial
gain, or
(iii) an offense
in which the alien is not upon arrival immediately brought and
presented to an appropriate immigration officer at a designated port
of entry,
be fined under title 18 and shall be imprisoned, in the case of a
first or second violation of subparagraph (B)(iii), not more than
10 years, in the case of a first or second violation of
subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10
years, and for any other violation, not less than 5 nor more than
15 years.
(3)
(A) Any person
who, during any 12-month period, knowingly hires for employment at
least 10 individuals with actual knowledge that the individuals are
aliens described in subparagraph (B) shall be fined under title 18 or
imprisoned for not more than 5 years, or both.
(4) In the case of a
person who has brought aliens into the United States in violation of
this subsection, the sentence otherwise provided for may be increased by
up to 10 years if—
(A) the offense
was part of an ongoing commercial organization or enterprise;
(B) aliens were
transported in groups of 10 or more; and
(C)
(i) aliens were
transported in a manner that endangered their lives; or
(ii) the aliens
presented a life-threatening health risk to people in the United
States.
(b) Seizure and
forfeiture
(1) In general
Any conveyance, including any vessel, vehicle, or aircraft, that has
been or is being used in the commission of a violation of subsection
(a) of this section, the gross proceeds of such violation, and any
property traceable to such conveyance or proceeds, shall be seized and
subject to forfeiture.
(2) Applicable
procedures
Seizures and forfeitures under this subsection shall be governed by
the provisions of chapter
46 of title
18 relating to civil forfeitures, including section 981(d) of such
title, except that such duties as are imposed upon the Secretary of
the Treasury under the customs laws described in that section shall be
performed by such officers, agents, and other persons as may be
designated for that purpose by the Attorney General.
(3) Prima facie
evidence in determinations of violations
In determining whether a violation of subsection (a) of this section
has occurred, any of the following shall be prima facie evidence that
an alien involved in the alleged violation had not received prior
official authorization to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained in the
United States in violation of law:
(A) Records of any
judicial or administrative proceeding in which that alien’s status was
an issue and in which it was determined that the alien had not
received prior official authorization to come to, enter, or reside in
the United States or that such alien had come to, entered, or remained
in the United States in violation of law.
(B) Official
records of the Service or of the Department of State showing that the
alien had not received prior official authorization to come to, enter,
or reside in the United States or that such alien had come to,
entered, or remained in the United States in violation of law.
(C) Testimony, by
an immigration officer having personal knowledge of the facts
concerning that alien’s status, that the alien had not received prior
official authorization to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained in the
United States in violation of law.
(c) Authority to
arrest
No officer or person shall have authority to make any arrests for a
violation of any provision of this section except officers and employees
of the Service designated by the Attorney General, either individually
or as a member of a class, and all other officers whose duty it is to
enforce criminal laws.
(d) Admissibility of
videotaped witness testimony
Notwithstanding any provision of the Federal Rules of Evidence, the
videotaped (or otherwise audiovisually preserved) deposition of a
witness to a violation of subsection (a) of this section who has been
deported or otherwise expelled from the United States, or is otherwise
unable to testify, may be admitted into evidence in an action brought
for that violation if the witness was available for cross examination
and the deposition otherwise complies with the Federal Rules of
Evidence.
(e) Outreach program
The Secretary of Homeland Security, in consultation with the Attorney
General and the Secretary of State, as appropriate, shall develop and
implement an outreach program to educate the public in the United States
and abroad about the penalties for bringing in and harboring aliens in
violation of this section.
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