compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof, except that duties imposed on customs officers or other persons regarding the seizure and forfeiture of conveyances under the customs laws shall be performed with respect to seizures and forfeitures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General. (4) Whenever a conveyance is forfeited under this section the Attorney General may— (A) retain the conveyance for official use; (B) sell the conveyance, in which case the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; or (C) require that the General Services Administration take custody of the conveyance and remove it for disposition in accordance with law. (5) In all suits or actions brought for the forfeiture of any conveyance seized under this section, where the conveyance is claimed by any person, the burden of proof shall lie upon such claimant: Provided, That probable cause shall be first shown for the institution of such suit or action. In determining whether probable cause exists, any of the following shall be prima facie evidence that an alien involved in the alleged violation was not lawfully entitled to enter, or reside within, the United States: (A) Records of any judicial or administrative proceeding in which that alien's status was an issue and in which it was determined that the alien was not lawfully entitled to enter, or reside within, the United States. (B) Official records of the Service showing that the alien was not lawfully entitled to enter, or reside within, the United States. (C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien's status, that the alien was not entitled to enter, or reside within, the United States. (c) Authority to arrest No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws. (June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228; Nov. 2, 1978, Pub. L. 95-582, § 2, 92 Stat. 2479; Dec. 29, 1981, Pub. L. 97-116, § 12, 95 Stat. 1617.) AMENDMENTS 1981-Subsec. (b). Pub. L. 97-116 strengthened the seizure and forfeiture authority by eliminating the "innocent owner" exemption and merely requiring the Government to show probable cause that the conveyance seized has been used to illegally transport aliens, which when demonstrated, shifts the burden of proof to the owner or claimant to show by a preponderance of the evidence that the conveyance was not illegally used, by relieving the Government of the obligation to pay any administrative and incidental costs incurred by a successful claimant provided probable cause for the original seizure was demonstrated, and by eliminating the requirement that the Government satisfy any valid lien or third party interest in the conveyance without expense to the interest holder by providing the lienholders interest be satisfied only after costs associated with the seizure have been deducted. 1978-Subsec. (b). Pub. L. 95-582 added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 95-582 redesignated former subsec. (b) as (c). EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as an Effective Date of 1981 Amendment note under section 1101 of this title. CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Attorney General, see section 1101(a)(5) of this Crewman, see section 1101(a)(10) of this title. Residence, see section 1101(a)(33) of this title. United States, see section 1101(a)(38) of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 374. § 1325. Entry of alien at improper time or place; misrepresentation and concealment of facts Any alien who (1) enters the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offenses, be guilty of a misdemeanor and upon conviction thereof be punished by imprisonment for not more than six months, or by a fine of not more than $500, or by both, and for a subsequent commission of any such offenses shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than two years, or by a fine of not more than $5,000, or both. (June 27, 1952, ch. 477, title II, ch. 8, § 275, 66 Stat. 229.) CROSS REFERENCES Definition of entry, immigration officer, and United States, see section 1101 of this title. Offenses classified, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1329 of this title; title 10 section 374. § 1326. Reentry of deported alien Any alien who (1) has been arrested and deported or excluded and deported, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously excluded and deported, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than $1,000, or both. (June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat. 229.) CROSS REFERENCES Definition of alien, attorney general, entry, and United States, see section 1101 of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1329 of this title; title 10 section 374. § 1327. Aiding or assisting subversive alien to enter Any person who knowingly aids or assists any alien excludable under section 1182(a)(27), (28), or (29) of this title to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years, or both. (June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat. 229.) CROSS REFERENCES Definition of alien, entry, and United States, see section 1101 of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 374. § 1328. Importation of alien for immoral purpose The importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is forbidden. Whoever shall, directly or indirectly, import, or attempt to import into the United States any alien for the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, maintain, control, support, employ, or harbor in any house or other place, for the pur pose of prostitution or for any other immoral purpose, any alien, in pursuance of such illegal importation, shall, in every such case, be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 and by imprisonment for a term of not more than ten years. The trial and punishment of offenses under this section may be in any district to or into which such alien is brought in pursuance of importation by the person or persons accused, or in any district in which a violation of any of the provisions of this section occurs. In all prosecutions under this section, the testimony of a husband or wife shall be admissible and competent evidence against each other. (June 27, 1952, ch. 477, title II, ch. 8, § 278, 66 Stat. 230.) CROSS REFERENCES Definition of alien and United States, see section 1101 of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1251 of this title; title 10 section 374. § 1329. Jurisdiction of district courts The district courts of the United States shall have jurisdiction of all causes, civil and criminal, arising under any of the provisions of this subchapter. It shall be the duty of the United States attorney of the proper district to prosecute every such suit when brought by the United States. Notwithstanding any other law, such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with a violation under section 1325 or 1326 of this title may be apprehended. No suit or proceeding for a violation of any of the provisions of this subchapter shall be settled, compromised, or discontinued without the consent of the court in which it is pending and any such settlement, compromise, or discontinuance shall be entered of record with the reasons therefor. (June 27, 1952, ch. 477, title II, ch. 8, § 279, 66 Stat. 230.) CROSS REFERENCES Jurisdiction of all offenses against the laws of the United States, see section 3231 of Title 18, Crimes and Criminal Procedure. United States defined, see section 1101 of this title. § 1330. Collection of penalties and expenses Notwithstanding any other provisions of this subchapter, the withholding or denial of clearance of or a lien upon any vessel or aircraft provided for in section 1221, 1227, 1229, 1253, 1281, 1283, 1284, 1285, 1286, 1321, 1322, or 1323 of this title shall not be regarded as the sole and exclusive means or remedy for the enforcement of payments of any fine, penalty or expenses imposed or incurred under such sections, but, in the discretion of the Attorney General, the amount thereof may be recovered by civil suit, § 1351. Nonimmigrant visa fees The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of all visa, entry, residence, or other similar fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis. (June 27, 1952, ch. 477, title II, ch. 9, § 281, 66 Stat. 230; Oct. 3, 1965, Pub. L. 89-236, § 14, 79 Stat. 919; Oct. 21, 1968, Pub. L. 90-609, § 1, 82 Stat. 1199.) REFERENCES IN TEXT The Headquarters Agreement, referred to in text, is set out as a note under section 287 of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1968-Pub. L. 90-609 struck out provisions fixing statutory fees for specified immigration and nationality benefits and services rendered, including those pertaining to immigrant visas, reentry permits, adjustments of status to permanent residence, creation of record of admission for permanent residence, suspension of deportation, extension of stay to nonimmigrants, and application for admission to practice as attorney or representative before the Service. 1965-Subsec. (a). Pub. L. 89-236, § 14(a), (b), designated the opening existing material beginning "The following fees shall be charged:" and ending with the end of par. (7) as subsec. (a) and substituted reference to section 1154 of this title for sections 1154(b) and 1155(b) of this title in par. (6). Subsec. (b). Pub. L. 89-236, § 14(c), added subsec. (b). Subsec. (c). Pub. L. 89-236, § 14(d), designated the closing existing material consisting of the paragraph beginning "The fees for the furnishing" as subsec. (c). EFFECTIVE DATE OF 1965 Amendment For effective date of amendment, by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title. AGREEMENTS ON PASSPORT VISA FEES July 12, 1949..... 63 Stat. 2740. 62 Stat. 3824. Austria. June 10, 28, Nov. 12, 1948.... 62 Stat. 3824. May 23, 1962 13 UST 1246. 1925. Mar. 29, Apr. 7, 1976. Feb. 10, 1978... Nov. 3, Dec. 21, 1925, June 11, 19, 21, 1926. June 4, 1956.. July 19, Aug. 11, 1948. Nov. 12, 1948 .... 62 Stat. 3824 Dec. 14, 1955..... 9 UST 1175. Aug. 15, 1958. Mar. 31, 1949.... 9 UST 1179. 9 UST 1183. 61 Stat. 3776. 63 Stat. 2737. 12 UST 3197. 4 UST 126. Jan 29, 1949...... 63 Stat. 2905. Nov. 12, 1948.... 62 Stat. 3824. May 30, 1956 Nov. 12, 1948.... 7 UST 1075. 62 Stat. 3824. Jan. 18, 1971..... 22 UST 233. June 1, 1925. Apr. 7, 1976....... 28 UST 1311. Apr. 11, 1978..... 30 USC 248. June 21, 1926.... June 4, 1956...... 7 UST 1017. Aug. 11, 1948 5 UST 193. Nicaragua Norway Pakistan Panama...... Peru...... July 30, Aug. 20, 1947. Mar. 14, 1949.... Dec. 16, 1957, Apr. 25, 1958... Aug. 4, Oct. 20, Nov. 25, 29, 1955. Mar. 16, June 27, 1959. Mar. 27, May 22, 25, 1956. June 14, 17, 1971. Apr. 6, Sept. 26, Oct. 9, 1956. Jan. 4, 7, 1957... Mar. 18, Apr. 23, 1970. Philippines.... Nov. 24, 1952 Sept. 22, 1966... 17 UST 1228. Nov. 12, 1948.... 62 Stat. 3824. Apr. 27, 1968..... 19 UST 4789. Dec. 27, 1960.. 11 UST 2650. Mar. 27, 1935.... Nov. 12, 1948.... 62 Stat. 3824. Aug. 31, 1925. Oct. 28, 1947.. 62 Stat. 3930. June 30, 1926.... Nov. 13, 1947 .... 6 UST 93. Apr. 17, 1937.. May 26, 1936... Sept. 16, 1947... 61 Stat. 3776. South Africa. Spain....... 1954. Mar. 5, 12, 1958. Mar. 28, Apr. 3, 1956. Mar. 31, 1958.. Jan. 21, 1952.... May 11, July 5, 1963. Aug. 25, Sept. 7, 1956. Jan. 21, Feb. 11, Mar. 5, 13, 1946. Sweden........... Apr. 10, 30, Sri Lanka (Ceylon). Surinam. 1947. Switzerland... May 11, 1925.... Oct. 22, 31, Thailand. Tonga. Trinidad and Tobago. Tunisia....... Turkey. Nov. 3, 8, 1949.. Yugoslavia..... Dec. 24, 29, 1925. Mar. 23, 25, 1950. Dec. 30, 1963, Mar. 27, Apr. 4, 1964. Zimbabwe...... Aug. 26, Sept. 13, 1950. Dec. 20, 1955, Feb. 20, 1956. July 11, Oct. Apr. 15, 1964..... 15 UST 355. China (Taiwan 1). 17, Dec. 7, 1956. May 8, June 9, 15, 1970. Sept. 13, 1950 ... 1 UST 745. Feb. 20, 1956.. 7 UST 585. 18 UST 3167. 21 UST 2213. 'These agreements are administered on a nongovernmental basis by the American Institute in Taiwan pursuant to 22 U.S.C. 3305, as a result of the termination of relations with the governing authorities on Taiwan on Jan. 1, 1979. CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Entry, see section 1101(a)(13) of this title. of the United States, see section 1101(a)(22) of this title. National, see section 1101(a)(21) of this title. Nonimmigrant alien, see section 1101(a)(15) of this title. Nonimmigrant visa, see section 1101(a)(26) of this title. Residence, see section 1101(a)(33) of this title. Service, see section 1101(a)(34) of this title. Reentry permit, see section 1203 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1356 of this title. § 1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public (a) Reentry permits issued under section 1203 of this title shall be printed on distinctive safety paper and shall be prepared and issued under regulations prescribed by the Attorney General. (b) The Public Printer is authorized to print for sale to the public by the Superintendent of Documents, upon prepayment, copies of blank forms of manifests and crew lists and such other forms as may be prescribed and authorized by the Attorney General to be sold pursuant to the provisions of this subchapter. (June 27, 1952, ch. 477, title II, ch. 9, § 282, 66 Stat. 231.) CROSS REFERENCES Definition of the term Attorney General, see section 1101 of this title. § 1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States When officers, inspectors, or other employees of the Service are ordered to perform duties in a foreign country, or are transferred from one station to another, in the United States or in a foreign country, or while performing duties in any foreign country become eligible for voluntary retirement and return to the United States, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight, unpacking, temporary storage, and drayage thereof in accordance with subchapter II of chapter 57 of title 5. The expense of transporting the remains of such officers, inspectors, or other employees who die while in, or in transit to, a foreign country in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses of such interment and of preparation for shipment, are authorized to be paid on the written order of the Attorney General. (June 27, 1952, ch. 477, title II, ch. 9, § 283, 66 Stat. 231.) CODIFICATION "Subchapter II of chapter 57 of title 5" was substituted for "the Act of August 2, 1946 (60 Stat. 806; 5 U.S.C., sec. 73b-1)" on authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. CROSS REFERENCES Definition of attorney general, service, and United States, see section 1101 of this title. § 1353a. Officers and employees; overtime services; extra compensation; length of working day The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five o'clock postmeridian and eight o'clock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from five o'clock postmeridian to eight o'clock antemeridian) and two additional days' pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed. (Mar. 2, 1931, ch. 368, § 1, 46 Stat. 1467; Ex. Ord. No. 6166, § 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238; June 27, 1952, ch. 477, title IV, § 402(i)(1), 66 Stat. 278.) CODIFICATION Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Ex. Ord. No. 6166, is authority for the substitution of "Immigration and Naturalization Service" for "Immigration Service"; and 1940 Reorg. Plan No. V. is authority for the substitution of “Attorney General" for "Secretary of Labor." See note set out under section 1551 of this title. Section was formerly classified to section 342c of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109a of this title. AMENDMENTS 1952-Act June 27, 1952, substituted "immigration officers" for "inspectors". TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the |