(C) the name of each alien crewmember who is to be paid off or dis-
charged in the port of arrival; or
(2) information the Attorney General prescribes by regulation.
(b) ON DEPARTURE.—Except as provided in subsection (c) of this sec-
tion, before a vessel or aircraft departs from a port in the United States,
the owner, agent, master, commanding officer, or consignee of the vessel or
aircraft shall give an immigration officer at the port a list containing—
(1) the name of each alien crewmember—
(A) not employed on the vessel or aircraft when it arrived but
who is leaving on the vessel or aircraft;
(B) paid off or discharged at the port; or
(C) who deserted or landed at the port; or
(2) information the Attorney General prescribes by regulation.
(c) EXCEPTION.—The Attorney General shall prescribe when a list under
this section shall be given for a vessel operating only on the Great Lakes,
the Saint Lawrence River, and a connecting waterway.
(d) REGULATIONS ON ARRIVAL AND DEPARTURE.—The Attorney General
may prescribe by regulation when a vessel or aircraft is deemed under this
chapter to be arriving in, or departing from, the United States or a port
of the United States.
§ 2702. Reports on unlawful landings
As soon as it is discovered that an alien crewmember has landed unlaw-
fully in the United States from a vessel or aircraft, the owner, agent, mas-
ter, commanding officer, or consignee of the vessel or aircraft shall—
(1) report the unlawful landing in writing to an immigration officer;
and
(2) give the immigration officer a description of the crewmember and
information likely to lead to taking the crewmember into custody.
§ 2703. Conditional permits to land temporarily
(a) GENERAL REQUIREMENT.—An alien crewmember may land tempo-
rarily in the United States only as provided under this section or section
2705(b), 6122, or 6123 of this title.
(b) AUTHORITY TO ISSUE PERMITS.—Under regulations the Attorney
General prescribes, an immigration officer may issue an alien crewmember
a conditional permit to land temporarily in the United States if the officer
finds, after inspection, that the crewmember—
(1) is a nonimmigrant classified under section 2305 of this title;
(2) otherwise is admissible; and
(3) has agreed to accept the permit.
(c) PERIOD OF VALIDITY.—A permit issued under subsection (b) of this
section is valid for not more than—
(1) the period (but not more than 29 days) that the vessel or aircraft
on which the alien crewmember arrived remains in port if the immigra-
tion officer is satisfied the crewmember intends to leave on that vessel
or aircraft; or
(2) 29 days if the immigration officer is satisfied the crewmember
intends to leave on another vessel or aircraft within the period for
which the crewmember is allowed to land.
(d) REVOCATION.—(1) If an alien is issued a permit for a period under
subsection (c)(1) of this section, and an immigration officer then decides the
alien is not a crewmember or does not intend to leave on the vessel or air-
craft on which the alien arrived, the immigration officer, under regulations
prescribed by the Attorney General, may—
(A) revoke the permit;
(B) take the alien into custody; and
(C) if practicable, require the master or commanding officer of the
vessel or aircraft on which the alien arrived to detain the alien on the
vessel or aircraft.
(2) The owner of the vessel or aircraft on which an alien, detained under
paragraph (1)(C) of this subsection, arrived in the United States shall pay
the costs of detaining and deporting the alien.
(3) An alien detained under paragraph (1)(C) of this subsection is not
entitled to a deportation proceeding under section 6532 of this title.
§ 2704. Control of alien crewmembers
(a) DETENTION AND DEPORTATION.—The owner, agent, master, com-
manding officer, charterer, or consignee of a vessel or aircraft arriving in
the United States from a place outside the United States shall—
(1) detain an alien crewmember on the vessel, or, at the expense of
the aircraft owner, detain an alien crewmember of an aircraft at a
place an immigration officer designates, until—
(A) an immigration officer inspects, and a medical officer exam-
ines, the alien crewmember; and
(B) the alien crewmember is—
(i) issued a conditional permit to land temporarily under
section 2703(b) of this title; or
(ii) allowed to land temporarily under section 2705(b) or
6123 of this title for medical or hospital treatment; and
(2) deport an alien crewmember if required by an immigration offi-
cer, whether before or after the crewmember is allowed to land tempo-
rarily under section 2703(b), 2705(b), or 6123 of this title.
(b) PROOF OF FAILURE TO DETAIN OR DEPORT.—Except as the Attor-
ney General prescribes by regulation, proof that the name of an alien crew-
member is not on the outgoing manifest of the vessel or aircraft on which
the crewmember arrived in the United States from a place outside the
United States, or that the master or commanding officer of the vessel or
aircraft reported the crewmember as a deserter, is prima facie evidence of
the failure to detain or deport the crewmember.
(c) DEPORTATION ON ANOTHER VESSEL OR AIRCRAFT.—(1) If the Attor-
ney General finds that deporting an alien crewmember under this section
on the vessel or aircraft on which the crewmember arrived is impracticable
or will cause unreasonable hardship to the crewmember, the Attorney Gen-
eral may require the crewmember to be deported from any port on another
vessel or aircraft of the same owner unless the Attorney General finds de-
portation on such a vessel or aircraft to be impracticable. The owner of the
vessel or aircraft on which the crewmember arrived shall pay the costs of
deporting the crewmember as required by this subsection, including the
costs of transferring the crewmember within the United States under condi-
tions the Attorney General prescribes. The vessel or aircraft may be cleared
only after the costs are paid or the Attorney General is satisfied that pay-
ment is guaranteed.
(2) A transfer under this subsection is not a landing under this title.
§ 2705. Alien crewmembers afflicted with certain disabilities
and diseases
(a) EMPLOYMENT PROHIBITIONS.—An alien crewmember afflicted with
feeble-mindedness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous
contagious disease may not be employed on a vessel or aircraft carrying pas-
sengers when the vessel or aircraft arrives in the United States from a place
outside the United States.
(b) HOSPITALIZATION AND OBSERVATION.—An alien crewmember found
on arrival at a port in the United States to be afflicted with feeble-minded-
ness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous contagious dis-
ease shall be treated in a hospital designated by the immigration officer in
charge of the port. An alien crewmember suspected of being afflicted may
be removed from the vessel or aircraft on which the alien crewmember ar-
rived to an appropriate place for observation to enable an examining medical
officer to decide whether the crewmember is afflicted.
(c) PAYMENT OF COSTS.—The owner, agent, master, commanding officer,
or consignee of the vessel or aircraft on which the alien crewmember arrived
shall pay all costs incurred under subsection (b) of this section, including
burial if the crewmember dies. The costs may not be deducted from the
wages of the crewmember. The vessel or aircraft may be cleared only after
the costs are paid or payment is guaranteed and the Secretary of the Treas-
ury is notified by the immigration officer in charge of the port.