8 U.S. Code § 1282 - Conditional permits to land temporarily
(a) Period of time
No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and sections 1182 (d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101 (a) of this title and is otherwise admissible and has agreed to accept such permit, he may, in his discretion, grant the crewman a conditional permit to land temporarily pursuant to regulations prescribed by the Attorney General, subject to revocation in subsequent proceedings as provided in subsection (b) of this section, and for a period of time, in any event, not to exceed—
(1) the period of time (not exceeding twenty-nine days) during which the vessel or aircraft on which he arrived remains in port, if the immigration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived; or
(b) Revocation; expenses of detention
Pursuant to regulations prescribed by the Attorney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the provisions of subsection (a)(1) of this section, take such crewman into custody, and require the master or commanding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be removed from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so removed, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in section 1229a of this title to cases falling within the provisions of this subsection.
Source(June 27, 1952, ch. 477, title II, ch. 6, § 252,66 Stat. 220; Pub. L. 101–649, title V, § 543(b)(1),Nov. 29, 1990, 104 Stat. 5059; Pub. L. 102–232, title III, § 306(c)(3),Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(2)(E), (g)(5)(A)(i),Sept. 30, 1996, 110 Stat. 3009–620, 3009–623.)
1996—Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted “section 1229a” for “section 1252”.
Pub. L. 104–208, § 308(e)(2)(E), substituted “removed” for “deported” in two places.
1991—Subsec. (c). Pub. L. 102–232substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”.
1990—Subsec. (c). Pub. L. 101–649substituted “shall be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months” for “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–208effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 ofPub. L. 104–208, set out as a note under section 1101 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–232effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) ofPub. L. 102–232, set out as a note under section 1101 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–649applicable to actions taken after Nov. 29, 1990, see section 543(c) ofPub. L. 101–649, set out as a note under section 1221 of this title.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.