8 U.S.C. § 1330

Collection of penalties and expenses

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(a) Notwithstanding any other provisions of this subchapter, the withholding or denial of clearance of or a lien upon any vessel or aircraft provided for in section 1221, 1224, 1253(c)(2), 1281, 1283, 1284, 1285, 1286, 1321, 1322, or 1323 of this title shall not be regarded as the sole and exclusive means or remedy for the enforcement of payments of any fine, penalty or expenses imposed or incurred under such sections, but, in the discretion of the Attorney General, the amount thereof may be recovered by civil suit, in the name of the United States, from any person made liable under any of such sections.(b)(1) There is established in the general fund of the Treasury a separate account which shall be known as the “Immigration Enforcement Account”. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration Enforcement Account amounts described in paragraph (2) to remain available until expended.(2) The amounts described in this paragraph are the following:(A) The increase in penalties collected resulting from the amendments made by sections 203(b) and 543(a) of the Immigration Act of 1990.(B) Civil penalties collected under sections 1229c(d), 1324c, 1324d, and 1325(b) of this title.(3)(A) The Secretary of the Treasury shall refund out of the Immigration Enforcement Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General for activities that enhance enforcement of provisions of this subchapter. Such activities include—(i) the identification, investigation, apprehension, detention, and removal of criminal aliens;(ii) the maintenance and updating of a system to identify and track criminal aliens, deportable aliens, inadmissible aliens, and aliens illegally entering the United States; and(iii) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States.(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A).(C) The amounts required to be refunded from the Immigration Enforcement Account for fiscal year 1996 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of Public Law 104–134.(D) The Attorney General shall prepare and submit annually to the Congress statements of financial condition of the Immigration Enforcement Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.(June 27, 1952, ch. 477, title II, ch. 8, § 280, 66 Stat. 230; Pub. L. 101–649, title V, § 542(a), Nov. 29, 1990, 104 Stat. 5057; Pub. L. 103–416, title II, § 219(s), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §§ 308(g)(4)(C), 382(a), Sept. 30, 1996, 110 Stat. 3009–623, 3009–651.)Editorial NotesReferences in Text

Sections 203(b) and 543(a) of the Immigration Act of 1990, referred to in subsec. (b)(2)(A), are sections 203(b) and 543(a) of Pub. L. 101–649. Section 203(b) of the Act amended section 1281 of this title. Section 543(a) of the Act amended sections 1221, former 1227, 1229 (now 1224), 1284, 1285, 1286, 1287, 1321, 1322, and 1323 of this title.

Section 605 of Public Law 104–134, referred to in subsec. (b)(3)(C), is section 101[(a)] [title VI, § 605] of Pub. L. 104–134, title I, Apr. 26, 1996, 110 Stat. 1321, 1321–63, which is not classified to the Code.

Amendments

1996—Subsec. (a). Pub. L. 104–208, § 308(g)(4)(C), substituted “1224, 1253(c)(2)” for “1227, 1229, 1253”.

Subsec. (b). Pub. L. 104–208, § 382(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Notwithstanding section 3302 of title 31, the increase in penalties collected resulting from the amendments made by sections 203(b), 543(a), and 544 of the Immigration Act of 1990 shall be credited to the appropriation—

“(1) for the Immigration and Naturalization Service for activities that enhance enforcement of provisions of this subchapter, including—

“(A) the identification, investigation, and apprehension of criminal aliens,

“(B) the implementation of the system described in section 1252(a)(3)(A) of this title, and

“(C) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States; and

“(2) for the Executive Office for Immigration Review in the Department of Justice for the purpose of removing the backlogs in the preparation of transcripts of deportation proceedings conducted under section 1252 of this title.”

1994—Subsec. (b)(1)(C). Pub. L. 103–416 substituted “maintenance” for “maintainance”.

1990—Pub. L. 101–649 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by section 308(g)(4)(C) of 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.

Pub. L. 104–208, div. C, title III, § 382(c), Sept. 30, 1996, 110 Stat. 3009–651, provided that: “The amendments made by this section [amending this section and section 1356 of this title] shall apply to fines and penalties collected on or after the date of the enactment of this Act [Sept. 30, 1996].”

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1990 Amendment

Pub. L. 101–649, title V, § 542(b), Nov. 29, 1990, 104 Stat. 5057, provided that: “The amendment made by subsection (a) [amending this section] shall apply to fines and penalties collected on or after January 1, 1991.”

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.

Notes of Decisions

Cited in 8 cases, 1957–2006 · leading case: Oyenike Alaka v. Attorney Gen. of the United States Sec'y of Dep't of Homeland Sec., 456 F.3d 88 (3rd Cir. 2006).

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Oyenike Alaka v. Attorney Gen. of the United States Sec'y of Dep't of Homeland Sec., 456 F.3d 88 (3rd Cir. 2006). “§ 1321 (a) ("in the discretion of the Attorney General”); 8 U.S.C. § 1330 (a) ("in the discretion of the Attorney General”); and 8 U.”

State of New Jersey Christine Todd Whitman William H. Fauver Leo Klagholz v. United States of Am. Janet Reno Doris Meissner Alice M. Rivlin, 91 F.3d 463 (3rd Cir. 1996). · cites it 2× “Jersey grounds its eight count complaint on the following statutory and constitutional provisions: sections of the Immigration Reform and Control Act of 1986 providing for the collection of penalties and expenses by the Attorney General and the reimbursement of states by the…”

Noriega-Perez v. United States, 179 F.3d 1166 (9th Cir. 1999). “Non-Criminal Purposes Section 1324c furthers several non-punitive purposes, including (1) reimbursing the government for enforcement expenditures under the Immigration and Naturalization Act, 8 U.S.C. § 1330 (3)(A), (2) ensuring that persons committing fraud -do not profit from…”

In Re United States of Am., United States of Am. v. Manuel Blanco Garcia, 844 F.2d 1528 (11th Cir. 1988). “Payment of the fine assessed has not been received from the defendants pursuant to the provisions of 8 U.S.C. § 1330 . Wherefore, plaintiff, United States of America, requests judgment against defendants, Jack Lynn and Donald Diehl, directing that defendants pay the said amount,…”

California v. United States, 104 F.3d 1086 (9th Cir. 1997). “California notes that the Attorney General can draw upon a lump-sum appropriation of $1,048,-538,000 for INS salaries and expense as well as on increased fines and forfeitures authorized by 8 U.S.C. § 1330 .”

Zhu v. Immigr. & Naturalization Serv., 300 F. Supp. 2d 77 (D.D.C. 2004). “§ 1321 (a) ("in the discretion of the Attorney General”); 8 U.S.C. § 1330 (a) ("in the discretion of the Attorney General”); 8 U.”

United States v. Seaboard Sur. Co., Nat'l Sur. Corp. v. United States, 239 F.2d 667 (4th Cir. 1957). “230 , 8 U.S. C.A. § 1330, providing that the withholding or denial of clearance of or a lien upon any vessel or aircraft shall not be regarded as the sole and exclusive means or remedy for the enforcement of payments of any fine, penalty or expenses imposed or incurred, but that…”

United States v. Harold L. Von Harten, United States of Am. v. Earl Widener, United States of Am. v. John Fernandez & Ray Wesley Vaughn, Jr., 825 F.2d 1493 (11th Cir. 1987). · cites it 2× “*1495 When the defendants failed to pay their fines, the United States brought separate civil actions in the district court to collect the fines pursuant to 8 U.S.C. § 1330 (1982). 3 In their answers, the defendants denied that they had brought into the United States Cuban…”

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