(a) Statutory authority. 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 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, Sec. 701, 129 Stat. 599, the civil monetary penalties listed in paragraph (b) of this section are adjusted as provided in paragraph (b).

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Terms Used In 8 CFR 280.53

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

(b) Adjustment of penalties. For violations occurring on or before November 2, 2015, the penalty amount prior to adjustment applies. For violations occurring after November 2, 2015, the listed penalties are adjusted 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 $1,525 to $1,643.

(2) Section 234 of the Act, penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $4,144 to $4,465.

(3) Section 240B(d) of the Act, penalties for failure to depart voluntarily: From $1,746 minimum/$8,736 maximum to $1,881 minimum/$9,413 maximum.

(4) Section 243(c)(1)(A) 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 $3,494 to $3,765.

(5) Penalties for failure to remove alien stowaways under section 241(d)(2) of the Act: From $8,736 to $9,413.

(6) 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 or lists required in accordance with section 251 of the Act: From $414 to $446; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $10,360 to $11,162.

(7) Section 254(a) of the Act, penalties for failure to control, detain, or remove alien crewmen: From $1,036 minimum/$6,215 maximum to $1,116 minimum/$6,696 maximum.

(8) Section 255 of the Act, penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $2,072 to $2,232.

(9) Section 256 of the Act, penalties for discharge of alien crewmen: From $3,107 minimum/$6,215 maximum to $3,348 minimum/$6,696 maximum.

(10) Section 257 of the Act, penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $20,719 maximum to $22,324 maximum.

(11) Section 271(a) of the Act, penalties for failure to prevent the unauthorized landing of aliens: From $6,215 to $6,696.

(12) 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 $6,215 to $6,696.

(13) Section 273(b) of the Act, penalties for bringing to the United States aliens without required documentation: From $6,215 to $6,696.

(14) Section 274D of the Act, penalties for failure to depart: From $874 maximum to $942 maximum, for each day the alien is in violation.

(15) Section 275(b) of the Act, penalties for improper entry: From $87 minimum/$438 maximum to $94 minimum/$472 maximum, for each entry or attempted entry.

[82 FR 8580, Jan. 27, 2017, as amended at 83 FR 13835, Apr. 2, 2018; 84 FR 13509, Apr. 5, 2019; 85 FR 36479, June 17, 2020; 86 FR 57540, Oct. 18, 2021; 87 FR 1327, Jan. 11, 2022; 88 FR 2183, Jan. 13, 2023]