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§ 10118. Violations involving certifications for longshore
work by alien crewmembers
If the Secretary of Labor finds under section 2723(f) of this title that
an employer has failed to meet a condition, or misrepresented a material
fact, in its attestation under section 2723(a) of this title, the Secretary may
impose a civil penalty of not more than $5,000 for each alien crewmember
the employer employs to perform unauthorized longshore work.
§ 10119. Bringing in aliens excludable because of health
(a) CIVIL PENALTY.—A person is liable to the United States Government
for a civil penalty of $3,000 for each alien the person brings to the United
States in violation of section 6906(b) of this title.
(b) PROHIBITION ON COMPROMISE.—The Attorney General may not com-
promise the amount of a civil penalty under this section.
§ 10120. Bringing in aliens not having passports and visas
(a) CIVIL PENALTY.—If the Attorney General is satisfied that a person
has brought an alien to the United States in violation of section 6906(a)
of this title, the person is liable to the United States Government for a civil
penalty of—
(1) $3,000 for each such alien; plus
(2) except for an alien admitted or allowed to land temporarily, an
amount equal to the amount the alien paid to be transported from the
initial port of departure, as shown on the alien’s ticket, to the port of
arrival.
(b) RETURN OF AMOUNT TO ALIEN.—The amount paid under subsection
(a)(2) of this section shall be paid to the alien brought in violation of sec-
tion 6906(a) of this title.
(c) COMPROMISE AND WAIVER.—(1) The Attorney General may com-
promise the amount of a civil penalty under this section only if the Attorney
General is satisfied that the person, before the vessel or aircraft carrying
the alien left the last port outside the United States, did not know and
could not have learned by reasonable diligence that the individual trans-
ported was an alien required to have a passport and visa.
(2) Under regulations the Attorney General prescribes, the Attorney Gen-
eral may compromise or waive a civil penalty under this section if—
(A) the carrier demonstrates that it screened all passengers on the
vessel or aircraft under procedures the Attorney General prescribed; or
(B) the Attorney General decides that circumstances exist that jus-
tify the compromise or waiver.
(d) NONAPPLICATION.—This section does not apply to a carrier or an
owner, agent, master, commanding officer, charterer, or consignee of a ves-
sel or aircraft relying on a visa or other documentation that has been re-
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voked unless reasonable notice of the revocation is received before the alien
leaves.
§ 10121. Assisting unlawful entry as alien crewmembers
(a) CIVIL PENALTY.—A person, including the owner, agent, master, com-
manding officer, or consignee of a vessel or aircraft arriving in the United
States, is liable to the United States Government for a civil penalty of not
more than $10,000 for each alien whom the person—
(1) knowingly signs on the articles of the vessel, or brings to the
United States as a crewmember of the vessel or aircraft, with intent
to allow or assist the alien to enter or land in the United States unlaw-
fully; or
(2) knowingly and falsely represents to a consular officer when the
alien applies for a visa, or to an immigration officer at the port of ar-
rival in the United States, that the alien is a crewmember.
(b) LIEN ON VESSEL OR AIRCRAFT.—A vessel or aircraft referred to in
subsection (a) of this section is subject to a lien for the civil penalty and
may be seized. A civil action in rem may be brought against the vessel or
aircraft to collect the penalty.
§ 10122. Failure to prevent unauthorized landings
(a) CIVIL PENALTY.—A person violating section 6904(a) of this title is
liable to the United States Government for a civil penalty of $3,000 for each
violation, to be imposed by the Attorney General.
(b) LIEN ON VESSEL OR AIRCRAFT.—The vessel or aircraft used in
transporting an alien landed in violation of this section is subject to a lien
for the civil penalty. A civil action in rem may be brought against the vessel
or aircraft to collect the penalty.
(c) COMPROMISE.—The Attorney General may compromise the amount of
a civil penalty under this section.
§ 10123. Failure to deport alien stowaways
A person not deporting an alien stowaway as required by section
6907(b)(2) of this title is liable to the United States Government for a civil
penalty of $3,000 for each alien stowaway not deported.
§ 10124. Failure to carry out orders related to detained
aliens and bringing in deported aliens
(a) CIVIL PENALTY.—If the Attorney General is satisfied that a person
has violated section 6903, 6906(c), 6907(a), or 6908 of this title or an
order of the Attorney General under one of those sections, the person is lia-
ble to the United States Government for a civil penalty of $2,000 for each
violation.
(b) PROHIBITION ON COMPROMISE.—The Attorney General may not com-
promise the amount of a civil penalty under this section.