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manding officer, or agent shall state under oath that the list and accom-
panying documentation contain all of the required information.
(2) The vessel or aircraft may be cleared only after the master, command-
ing officer, or agent complies with paragraph (1) of this subsection. How-
ever, if the Attorney General decides that the vessel or aircraft is making
regular trips to ports of the United States, the Attorney General, when it
is expedient, may allow the master, commanding officer, or agent to give
the list and documentation at a later date.
(c) EXCEPTIONS.—Subsections (a) and (b) of this section do not require
that a list include—
(1) an alien crewmember; or
(2) except as required by regulations prescribed under section 6901
of this title, a passenger—
(A) arriving by air on a trip originating in foreign territory con-
tiguous to the United States; or
(B) leaving by air on a trip originating in the United States for
foreign territory contiguous to the United States.
(d) WAIVER.—The Attorney General may prescribe conditions under
which the requirements of this section may be waived.
§ 6903. Payment contingent on landing prohibited
An owner, agent, master, commanding officer, person in charge, purser,
or consignee of a vessel or aircraft may not take any consideration to be
kept or returned contingent on whether an alien is landed in or excluded
from the United States.
§ 6904. Duty to prevent unauthorized landing
(a) DUTY TO PREVENT UNAUTHORIZED LANDING.—(1) A person bring-
ing an alien to, or providing a means for an alien to travel to, the United
States (including an alien crewmember not covered by section 2704(a) of
this title) shall prevent the alien from landing in the United States at—
(A) a port of entry not designated by the Attorney General; or
(B) a time or place not designated by an immigration officer.
(2) Proof that an alien did not appear at the time and place designated
by the immigration officer is prima facie evidence that the alien landed in
the United States at a time or place not designated by the immigration offi-
cer.
(3) This subsection does not apply to a carrier that has made a contract
as provided in section 6905(b) of this title.
(b) DILIGENCE DEFENSE.—(1) An owner or operator of a rail carrier,
international bridge, or toll road that satisfies the Attorney General that the
owner or operator has acted diligently and reasonably to comply with sub-
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section (a)(1) of this section is not liable for a penalty under section 10122
of this title for not complying with subsection (a)(1).
(2) On request of an owner or operator referred to in paragraph (1) of
this subsection, the Attorney General shall inspect a facility established, or
method used, by the owner or operator at a place of entry into the United
States to comply with subsection (a)(1) of this section. The Attorney Gen-
eral shall approve, for as long as the Attorney General prescribes, a facility
or method the Attorney General decides is satisfactory to achieve compli-
ance.
(3) Proof that an owner or operator referred to in paragraph (1) of this
subsection diligently has maintained a facility, or used a method, approved
by the Attorney General under paragraph (2) of this subsection is prima
facie evidence that the owner or operator acted diligently and reasonably to
comply with subsection (a)(1) of this section.
§ 6905. Carriers transporting aliens from foreign contiguous
territory or adjacent islands
(a) DEFINITION.—In this section, ‘‘carrier’’ includes the owner, agent,
charterer, or consignee operating a vessel or aircraft bringing an alien to
the United States, to a foreign territory contiguous to the United States,
or to an adjacent island.
(b) CARRIER CONTRACTS.—(1) The Attorney General may make a con-
tract with a carrier for—
(A) the entry and inspection of aliens coming to the United States
from a foreign territory contiguous to the United States or from an
adjacent island; and
(B) a guarantee of passage through the United States in immediate
and continuous transit of aliens destined for a foreign country.
(2) A carrier may allow an alien from a foreign territory contiguous to
the United States or from an adjacent island to land in the United States
only if the carrier has made a contract required by the Attorney General
under paragraph (1)(A) of this subsection.
(c) LANDING STATIONS.—A carrier transporting an alien passenger for
compensation from a foreign territory contiguous to the United States or
from an adjacent island to the United States—
(1) shall provide and maintain at its expense a suitable landing sta-
tion conveniently located at the place of entry in the United States; and
(2) may land any such alien passenger in the United States only if
the Attorney General approves the landing station and the maintenance
of the station.
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§ 6906. Prohibitions on bringing certain aliens to the United
States
(a) ALIENS NOT HAVING PASSPORTS AND VISAS.—A person may not
bring to the United States (except from a foreign territory contiguous to
the United States) an alien who does not have a passport and a visa, if a
visa is required by this title or regulations prescribed under this title.
(b) ALIENS EXCLUDABLE BECAUSE OF HEALTH.—(1) An owner, agent,
master, commanding officer, charterer, or consignee of a vessel or aircraft
may not bring to the United States an alien who is excludable under section
6302(a) of this title.
(2) Paragraph (1) of this subsection does not apply if—
(A) the alien is a crewmember;
(B) the alien is allowed to land in the United States;
(C) the alien has an immigrant visa;
(D) the alien has a nonimmigrant visa or other documentation au-
thorizing the alien to apply for temporary admission to the United
States and applies for admission not later than 120 days after the date
the visa or documentation was issued;
(E) the alien has a reentry permit and applies for admission not
later than 120 days after the date of the alien’s last inspection and
admission;
(F)(i) the alien has a nonimmigrant visa or other documentation au-
thorizing the alien to apply for temporary admission to the United
States or a reentry permit;
(ii) the alien applies for admission more than 120 days after the date
the visa or documentation was issued or after the date of the last in-
spection and admission under the reentry permit; and
(iii) the owner, agent, master, commanding officer, charterer, or con-
signee of the vessel or aircraft satisfies the Attorney General that the
existence of the excluding condition could not have been discovered by
exercising reasonable care before the alien boarded the vessel or air-
craft; or
(G) the alien is entitled by law to exemption from the grounds of
exclusion in subchapter I of chapter 63 of this title.
(c) ALIENS EXCLUDED OR DEPORTED.—(1) An owner, agent, master,
commanding officer, person in charge, purser, or consignee of a vessel or
aircraft may not knowingly bring to the United States an alien who has
been—
(A) excluded from admission; or
(B) arrested and deported under law.
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(2) Paragraph (1) of this subsection does not apply if the alien is a crew-
member or is entitled to reapply for admission to the United States.
§ 6907. Requirements to detain, deliver, receive, and deport
aliens
(a) GENERAL REQUIREMENTS.—An owner, agent, master, commanding
officer, person in charge, purser, or consignee of a vessel or aircraft bring-
ing an alien (except an alien crewmember) to the United States shall—
(1) detain the alien on the vessel or at the airport of arrival as re-
quired by this title or as ordered by an immigration officer;
(2) deliver the alien to an immigration officer for inspection or to
a medical officer for examination when ordered by an immigration offi-
cer;
(3) receive the alien back on the vessel or aircraft or another vessel
or aircraft owned or operated by the same interests if the alien is or-
dered deported under section 6335 of this title; and
(4) take the alien to the foreign country to which the alien is ordered
deported.
(b) ALIEN STOWAWAYS.—An owner, agent, master, commanding officer,
charterer, or consignee of a vessel or aircraft arriving in the United States
with an alien stowaway—
(1) may not permit the stowaway to land in the United States, ex-
cept—
(A) temporarily for medical treatment; or
(B) under regulations prescribed by the Attorney General for
the departure, removal, or deportation of alien stowaways from the
United States; and
(2) if ordered by an immigration officer, shall deport the stowaway
on the vessel or aircraft or on another vessel or aircraft.
§ 6908. Costs of detention
(a) GENERAL.—Except as provided in subsection (b) of this section and
section 6335(d)(2) of this title, an owner of a vessel or aircraft bringing
an alien to the United States shall pay the costs of detaining and maintain-
ing the alien while the alien is detained under section 6907(a)(1) of this
title.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply if—
(1) the alien is a crewmember;
(2) the alien has an immigrant visa;
(3) the alien has a nonimmigrant visa or other documentation au-
thorizing the alien to apply for temporary admission to the United
States and applies for admission not later than 120 days after the date
the visa or documentation was issued;