8 CFR 280.53 - Civil monetary penalties inflation adjustment.

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§ 280.53 Civil monetary penalties inflation adjustment.
(a) In general. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended by the Debt Collection Improvement Act of 1996, Public Law 104-34, 110 Stat. 1321, the civil monetary penalties provided by law within the jurisdiction of the Department of Homeland Security (DHS) and listed in paragraph (c) of this section are adjusted as set forth in this section, effective for violations occurring on or after January 3, 2012.
(b) Calculation of adjustment.
(1) The inflation adjustments described in paragraph (c) of this section were determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty assessed or enforced by DHS by the cost-of-living adjustment as that term is defined by the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410. Any increase so determined was rounded to the nearest—
(i) Multiples of $10 in the case of penalties less than or equal to $100;
(ii) Multiples of $100 in the case of penalties greater than $100 but less than or equal to $1,000;
(iii) Multiples of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000;
(iv) Multiples of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;
(v) Multiples of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and
(vi) Multiples of $25,000 in the case of penalties greater than $200,000.
(2) Notwithstanding the provisions of paragraph (b)(1) of this section, the initial adjustment for each penalty is capped at 10%.
(c) Adjustment to penalties. The civil monetary penalties provided by law within the jurisdiction of DHS, as set forth in this paragraph (c)(1) through (14), are adjusted in accordance with the inflation adjustment procedures prescribed in section 5 of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, effective for violations occurring on or after January 3, 2012 as follows:
(1) Section 231(g) of the Act, Penalties for non-compliance with arrival and departure manifest requirements for passengers, crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States: From $1,000 to $1,100.
(2) Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $2,200 to $3,200.
(3) Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,000 minimum/$5,000 maximum to $1,100 minimum/$5,500 maximum.
(4) Section 243(c)(1) of the Act, Penalties for violations of removal orders relating to aliens transported on vessels or aircraft, under section 241(d) of the Act, or for costs associated with removal under section 241(e) of the Act, from $2,000 to $2,200; and penalties for failure to remove alien stowaways under section 241(d)(2), from $5,000 to $5,500.
(5) Section 251(d) of the Act, Penalties for failure to report an illegal landing or desertion of alien crewmen, and for each alien not reported on arrival or departure manifest and lists in accordance with section 251 of the Act: From $220 to $320; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $5,500 to $7,500.
(6) Section 254(a) of the Act, Penalties for failure to control alien crewmen: From $550 minimum/$3,300 maximum to $750 minimum/$4,300 maximum.
(7) Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: Remains at $1,100.
(8) Section 256 of the Act, Penalties for discharge of alien crewmen: From $1,500 minimum/$3,300 maximum to $1,500 minimum/$4,300 maximum.
(9) Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $11,000 maximum to $16,000 maximum.
(10) Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $3,300 to $4,300.
(11) Section 272(a) of the Act, Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground: From $3,300 to $4,300.
(12) Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $3,300 to $4,300.
(13) Section 274D of the Act, Penalties for failure to depart: From $500 to $550, for each day the alien is in violation.
(14) Section 275(b) of the Act, Penalties for improper entry: From $50 minimum/$250 maximum to $55 minimum/$275 maximum, for each entry or attempted entry.
[76 FR 74629, Dec. 1, 2011]

Title 8 published on 2014-01-01

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