8 U.S.C. § 1327

Current through P.L. 116-35 (07/30/2019)
Section 1327 - Aiding or assisting certain aliens to enter

Any person who knowingly aids or assists any alien inadmissible under section 1182(a)(2) (insofar as an alien inadmissible under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof) 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 fined under title 18, or imprisoned not more than 10 years, or both.

8 U.S.C. § 1327

June 27, 1952, ch. 477, title II, ch. 8, §277, 66 Stat. 229; Pub. L. 100-690, title VII, §7346(a), (c)(1), Nov. 18, 1988, 102 Stat. 4471; Pub. L. 101-6491990; Pub. L. 104-2081996.

AMENDMENTS 1996-Pub. L. 104-208 substituted "inadmissible" for "excludable" in two places.1990-Pub. L. 101-649substituted "1182(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof)" for "1182(a)(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony), (27), (28), or (29)". Pub. L. 101-649substituted "shall be fined under title 18, or imprisoned not more than 10 years" for "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". 1988-Pub. L. 100-690 substituted "certain aliens" for "subversive alien" in section catchline and inserted "(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony)," after "1182(a)".

EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 543(b)(4) of Pub. L. 101-649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a note under section 1221 of this title.Amendment by section 603(a)(16) of Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-690, title VII, §7346(b), Nov. 18, 1988, 102 Stat. 4471, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any aid or assistance which occurs on or after the date of the enactment of this Act [Nov. 18, 1988]."

alien
The term "alien" means any person not a citizen or national of the United States.
conviction
The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where- (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
person
The term "person" means an individual or an organization.