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(1) any lawfully authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a State, or
a subdivision of a State or of an intelligence agency of the United
States; or
(2) any activity authorized under chapter 224 of title 18.
(j) CONSTRUCTION.—This section does not affect a penalty that may be
imposed for an activity prohibited under both this section and title 18.
§ 10126. Clearing vessels and aircraft
(a) CLEARANCE BEFORE DECISION ON LIABILITY.—A vessel or aircraft
may be granted clearance before a decision on liability is made under sec-
tion 10112–10117, 10119, 10120, 10123, or 10124 of this title only if a
bond approved by the Attorney General or an amount sufficient to pay the
civil penalty is deposited.
(b) PROHIBITION ON CLEARANCE WHEN PENALTY UNPAID.—A vessel or
aircraft may not be granted clearance if a civil penalty imposed under sec-
tion 10112–10117, 10119, 10120, 10123, or 10124 of this title is not paid.
SUBCHAPTER III—CRIMINAL PENALTIES
§ 10141. Violating period of conditional landing permit
An alien crewmember willfully remaining in the United States after the
period allowed by a conditional permit issued under section 2703(b) of this
title shall be fined under title 18, imprisoned for not more than 6 months,
or both.
§ 10142. Failure to register and be fingerprinted
An alien required to apply for registration and to be fingerprinted in the
United States and willfully failing to apply or to be fingerprinted, and a
parent or legal guardian required to apply for the registration of an alien
and willfully failing to apply, shall be fined under title 18, imprisoned for
not more than 6 months, or both.
§ 10143. Failure to carry a certificate of alien registration or
alien registration receipt card
An alien violating section 8103(b) of this title shall be fined under title
18, imprisoned for not more than 30 days, or both.
§ 10144. Failure to provide addresses
An individual violating section 8104 of this title shall be fined under title
18, imprisoned for not more than 30 days, or both.
§ 10145. False and fraudulent registration
An alien, or a parent or legal guardian of an alien, who files an applica-
tion for registration knowing that the application contains a false statement,
or who registers or attempts to register himself, herself, or another individ-
ual through fraud, shall be fined under title 18, imprisoned for not more
than 6 months, or both.
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§ 10146. Counterfeiting alien registration documents
A person that with unlawful intent makes an engraving, photograph,
print, impression, or imitation of a certificate of alien registration or an
alien registration receipt card, except when authorized under regulations
prescribed by the Attorney General, shall be fined under title 18, imprisoned
for not more than 5 years, or both.
§ 10147. Bringing in and harboring aliens
(a) CRIMINAL PENALTIES.—(1)(A) A person shall be punished as pro-
vided in subparagraph (B) of this paragraph if the person—
(i) knowing an individual is an alien, brings or attempts to bring the
individual to the United States at a place not designated as a port of
entry or not designated by the Attorney General, even if the alien has
received prior authorization to come to, enter, or reside in the United
States, and regardless of any future official action that may be taken
with respect to the alien;
(ii) knowing, or in reckless disregard of whether, an alien has come
to, has entered, or remains in the United States in violation of law,
transports or moves, or attempts to transport or move, the alien within
the United States in furtherance of that violation;
(iii) knowing, or in reckless disregard of whether, an alien has come
to, has 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, the alien; or
(iv) encourages or induces an alien to come to, enter, or reside in
the United States, knowing, or in reckless disregard of whether, the
coming, entering, or residing is unlawful.
(B) For each alien with respect to whom a violation of subparagraph (A)
of this paragraph occurs, the person committing the violation—
(i) for a violation of subparagraph (A)(i), shall be fined under title
18, imprisoned for not more than 10 years, or both;
(ii) for a violation of subparagraph (A)(ii), (iii), or (iv), shall be fined
under title 18, imprisoned for not more than 5 years, or both;
(iii) for a violation of subparagraph (A)(i), (ii), (iii), or (iv) during
and in relation to which the person causes serious bodily injury (as de-
fined in section 1365 of title 18) to, or places in jeopardy the life of,
any person, shall be fined under title 18, imprisoned for not more than
20 years, or both; and
(iv) for a violation of subparagraph (A)(i), (ii), (iii), or (iv) resulting
in death, shall be fined under title 18, imprisoned for any term of years
or for life or punished by death, or both.
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(2)(A) A person shall be punished as provided in subparagraph (B) of
this paragraph if the person, knowing or in reckless disregard of whether
an alien has not received prior authorization to come to, enter, or reside
in the United States, brings or attempts to bring the alien to the United
States, regardless of any future official action that may be taken with re-
spect to the alien.
(B) For each transaction constituting a violation of subparagraph (A) of
this paragraph, regardless of the number of aliens involved, the person com-
mitting the violation shall be fined under title 18, imprisoned for not more
than one year, or both, except that if the violation is—
(i) a 2d or subsequent violation or one in which the alien is not
brought and presented to an immigration officer at a designated port
of entry immediately on arrival, the person shall be fined under title
18, imprisoned for not more than 5 years, or both; or
(ii) done for commercial advantage or private financial gain, the per-
son shall be fined under title 18, imprisoned for not more than 10
years, or both.
(b) SEIZURE
AND FORFEITURE
OF CONVEYANCE.—(1) A conveyance
used in violating subsection (a) of this section shall be seized and may be
forfeited. However, a conveyance—
(A) used by a person as a common carrier in carrying out common
carrier business may be forfeited only if the owner or person in charge
of the conveyance consented to, or was privy to, the violation; and
(B) may not be forfeited if the owner establishes that another person
committed the violation when the conveyance was in the possession of
another person in violation of the criminal laws of the United States
or of a State.
(2) A conveyance may be seized under this section without a warrant if
there is probable cause to believe it has been or is being used in violating
subsection (a) of this section and circumstances exist in which a warrant
is not required constitutionally.
(c) DISPOSITION OF FORFEITED CONVEYANCE.—When a conveyance is
forfeited under this section, the Attorney General may—
(1) keep the conveyance for official use;
(2) sell the conveyance and shall use the proceeds to pay the ex-
penses of the proceedings for forfeiture and sale, including seizure,
maintenance of custody, advertising, and court costs;
(3) require the Administrator of General Services, or the Adminis-
trator of the Maritime Administration if appropriate under section
203(i) of the Federal Property and Administrative Services Act of