Supporting Statutes

TITLE 19 > CHAPTER 4 > SUBTITLE III > Part II > § 1433

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§ 1433. Report of arrival of vessels, vehicles, and aircraft

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(a) Vessel arrival

(1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of—

(A) any vessel from a foreign port or place;

(B) any foreign vessel from a domestic port;

(C) any vessel of the United States carrying foreign merchandise for which entry has not been made; or

(D) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea;

the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations.

(2) The Secretary may by regulation—

(A) prescribe the manner in which arrivals are to be reported under paragraph (1); and

(B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival.

(b) Vehicle arrival

(1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary.

(2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall—

(A) report the arrival; and

(B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection;

to the customs officer at the customs facility designated for that crossing point.

(c) Aircraft arrival

The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe.

(d) Presentation of documentation

The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursuant to an electronic data interchange system, to the Customs Service such information, data, documents, papers, or manifests as the Secretary may by regulation prescribe.

(e) Prohibition on departures and discharge

Unless otherwise authorized by law, a vessel, aircraft or vehicle after arriving in the United States or Virgin Islands may, but only in accordance with regulations prescribed by the Secretary—

(1) depart from the port, place, or airport of arrival; or

(2) discharge any passenger or merchandise (including baggage).

19 USC 1644a

The definitions in section 40102(a) of title 49 apply to this

section.

(b) Secretary of the Treasury

(1) The Secretary of the Treasury may -

(A) designate ports of entry in the United States for civil

aircraft arriving in the United States from a place outside the

United States and property transported on that aircraft;

(B) detail to ports of entry officers and employees of the

United States Customs Service the Secretary considers necessary;

(C) give an officer or employee of the United States Government

stationed at a port of entry (with the consent of the head of the

department, agency, or instrumentality of the Government with

jurisdiction over the officer or employee) duties and powers of

officers or employees of the Customs Service;

(D) by regulation, apply to civil air navigation the laws and

regulations on carrying out the customs laws, to the extent and

under conditions the Secretary considers necessary; and

(E) by regulation, apply to civil aircraft the laws and

regulations on entry and clearance of vessels, to the extent and

under conditions the Secretary considers necessary.

(2) A person violating a customs regulation prescribed under

paragraph (1)(A)-(D) of this subsection or a public health or

customs law or regulation made applicable to aircraft by a

regulation under paragraph (1)(A)-(D) is liable to the Government

for a civil penalty of $5,000 for each violation. An aircraft

involved in the violation may be seized and forfeited under the

customs laws. The Secretary of the Treasury may remit or mitigate a

penalty and forfeiture under this paragraph.

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 12 - IMMIGRATION AND NATIONALITY

SUBCHAPTER I - GENERAL PROVISIONS

§ 1103. Powers and duties of the Secretary, the Under Secretary, and the Attorney

General

(a) Secretary of Homeland Security

(1) The Secretary of Homeland Security shall be charged with the administration and enforcement

of this chapter and all other laws relating to the immigration and naturalization of aliens, except

insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the

President, Attorney General, the Secretary of State, the officers of the Department of State, or

diplomatic or consular officers: Provided, however, That determination and ruling by the Attorney

General with respect to all questions of law shall be controlling.

(2) He shall have control, direction, and supervision of all employees and of all the files and

records of the Service.

(3) He shall establish such regulations; prescribe such forms of bond, reports, entries, and other

papers; issue such instructions; and perform such other acts as he deems necessary for carrying out

his authority under the provisions of this chapter.

(4) He may require or authorize any employee of the Service or the Department of Justice to

perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter

or regulations issued thereunder upon any other employee of the Service.

(5) He shall have the power and duty to control and guard the boundaries and borders of the United

States against the illegal entry of aliens and shall, in his discretion, appoint for that purpose such

number of employees of the Service as to him shall appear necessary and proper.

(6) He is authorized to confer or impose upon any employee of the United States, with the consent

of the head of the Department or other independent establishment under whose jurisdiction the

employee is serving, any of the powers, privileges, or duties conferred or imposed by this chapter

or regulations issued thereunder upon officers or employees of the Service.

(7) He may, with the concurrence of the Secretary of State, establish offices of the Service

in foreign countries; and, after consultation with the Secretary of State, he may, whenever in

his judgment such action may be necessary to accomplish the purposes of this chapter, detail

employees of the Service for duty in foreign countries.

(8) After consultation with the Secretary of State, the Attorney General may authorize officers of

a foreign country to be stationed at preclearance facilities in the United States for the purpose of

ensuring that persons traveling from or through the United States to that foreign country comply

with that country’s immigration and related laws.

(9) Those officers may exercise such authority and perform such duties as United States

immigration officers are authorized to exercise and perform in that foreign country under reciprocal

agreement, and they shall enjoy such reasonable privileges and immunities necessary for the

performance of their duties as the government of their country extends to United States immigration

officers.

(10) In the event the Attorney General determines that an actual or imminent mass influx of aliens

arriving off the coast of the United States, or near a land border, presents urgent circumstances

requiring an immediate Federal response, the Attorney General may authorize any State or local

law enforcement officer, with the consent of the head of the department, agency, or establishment

under whose jurisdiction the individual is serving, to perform or exercise any of the powers,

privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon

officers or employees of the Service.

8 USC 1103

NB: This unofficial compilation of the U.S. Code is current as of Jan. 5, 2009 (see http://www.law.cornell.edu/uscode/uscprint.html).

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(11) The Attorney General, in support of persons in administrative detention in non-Federal

institutions, is authorized—

(A) to make payments from funds appropriated for the administration and enforcement of

the laws relating to immigration, naturalization, and alien registration for necessary clothing,

medical care, necessary guard hire, and the housing, care, and security of persons detained by

the Service pursuant to Federal law under an agreement with a State or political subdivision

of a State; and

(B) to enter into a cooperative agreement with any State, territory, or political subdivision

thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies

or materials required to establish acceptable conditions of confinement and detention services

in any State or unit of local government which agrees to provide guaranteed bed space for

persons detained by the Service.

(b) Land acquisition authority

(1) The Attorney General may contract for or buy any interest in land, including temporary use

rights, adjacent to or in the vicinity of an international land border when the Attorney General

deems the land essential to control and guard the boundaries and borders of the United States

against any violation of this chapter.

(2) The Attorney General may contract for or buy any interest in land identified pursuant to

paragraph (1) as soon as the lawful owner of that interest fixes a price for it and the Attorney

General considers that price to be reasonable.

(3) When the Attorney General and the lawful owner of an interest identified pursuant to

paragraph (1) are unable to agree upon a reasonable price, the Attorney General may commence

condemnation proceedings pursuant to section 3113 of title 40.

(4) The Attorney General may accept for the United States a gift of any interest in land identified

pursuant to paragraph (1).

(c) Commissioner; appointment

The Commissioner shall be a citizen of the United States and shall be appointed by the President, by

and with the advice and consent of the Senate. He shall be charged with any and all responsibilities

and authority in the administration of the Service and of this chapter which are conferred upon the

Attorney General as may be delegated to him by the Attorney General or which may be prescribed by

the Attorney General. The Commissioner may enter into cooperative agreements with State and local

law enforcement agencies for the purpose of assisting in the enforcement of the immigration laws.