Responsibility of international carriers

(A) In general Section 273 of the Immigration and Nationality Act (8 U.S.C. 1323) is amended— (1) in subsection (a), by striking (other than from foreign contiguous territory); (2) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; (3) by inserting after subsection (b) the following: (c) Records The Attorney General shall maintain a record of each undocumented alien arriving on or after the date of enactment of this subsection at a United States port of entry and of the carrier which brought such alien to that port of entry.; (4) by inserting after subsection (c) (as added by paragraph (4)), the following: (d) Repeat offenses (1) If the Attorney General determines that, during the preceding calendar year, any carrier has delivered an average of more than 0.5 undocumented aliens per arrival at United States ports of entry then, for the next calendar year, in lieu of the penalty of $3,000 specified in subsection (b), such carrier shall pay to the Attorney General a penalty of $10,000 for each alien brought in violation of subsection (a) or, alternatively, such carrier may choose to participate in a 1-year pilot program intended to reduce the number of undocumented aliens arriving at United States ports of entry via international carriers. If such international carrier chooses to participate in the 1-year pilot program, that carrier will be subject to the penalty levels prescribed in subsection (b), rather than the increased penalty levels specified in this subsection, for each alien brought in violation of subsection (a). The 1-year pilot program, which can be extended for multiple years at the discretion of the Attorney General, shall consist of a program whereby the international carrier collects the travel documents necessary for entry into the United States from all passengers upon their entry to the carrier and physically returns them to the passengers on an individual basis only at the actual point of inspection at the United States port of entry by United States immigration officials. (2) If the Attorney General determines that, during the preceding calendar year, any carrier has delivered an average of more than 1.5 undocumented aliens per arrival at United States ports of entry, then, for the next calendar year, in lieu of the penalties specified in subsection (b) and in paragraph (1) of this subsection, such carrier shall pay to the Attorney General a penalty of $20,000 for each alien brought in violation of subsection (a). (3) If the Attorney General determines that, in the preceding calendar year, any carrier has delivered an average of more than 2 undocumented aliens per arrival at United States ports of entry, then such carrier shall forfeit all landing rights in the United States for the next calendar year.; and (5) subsection (e) (as redesignated) is amended— (A) by inserting after refunded. the following: Unless the alien transported is granted political asylum status in the United States or; and (B) by inserting before the period at the end thereof or that the visa or other immigration documentation presented to the carrier was forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document. (b) Effective date The amendment made by subsection (a)(4) shall take effect on January 1 of the second calendar year following the date of enactment of this Act.