§ 1323.
(a)
Persons liable
(1)
It shall be unlawful for any person, including any transportation company, or the owner, master, commanding officer, agent, charterer, or consignee of any vessel or aircraft, to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have a valid passport and an unexpired visa, if a visa was required under this chapter or regulations issued thereunder.
(2)
It is unlawful for an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft who is bringing an alien (except an alien crewmember) to the United States to take any consideration to be kept or returned contingent on whether an alien is admitted to, or ordered removed from, the United States.
(d)
Repealed. [Pub. L. 104–208, div. C, title III, § 308(e)(13)], Sept. 30, 1996, [110 Stat. 3009–620]
(e)
Reduction, refund, or waiver
A fine under this section may be reduced, refunded, or waived under such regulations as the Attorney General shall prescribe in cases in which—
(1)
the carrier demonstrates that it had screened all passengers on the vessel or aircraft in accordance with procedures prescribed by the Attorney General, or
(2)
circumstances exist that the Attorney General determines would justify such reduction, refund, or waiver.
([June 27, 1952, ch. 477], title II, ch. 8, § 273, [66 Stat. 227]; [Pub. L. 101–649, title II, § 201(b)], title V, § 543(a)(10), Nov. 29, 1990, [104 Stat. 5014], 5058; [Pub. L. 102–232, title III, § 306(c)(4)(D)], Dec. 12, 1991, [105 Stat. 1752]; [Pub. L. 103–416, title II], §§ 209(a), 216, 219(p), Oct. 25, 1994, [108 Stat. 4312], 4315, 4317; [Pub. L. 104–208, div. C, title III], §§ 308(c)(3), (e)(13), 371(b)(8), title VI, § 671(b)(6), (7), Sept. 30, 1996, [110 Stat. 3009–616], 3009–620, 3009–645, 3009–722.)