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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations TABLE 2U.S. CUSTOMS AND BORDER PROTECTION CIVIL PENALTIES ADJUSTMENTSContinued Penalty name
Penalty amount as adjusted in the 2020 FR

Citation
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 INA.
Penalties for use of alien crewmen for longshore work in violation of section 251d of the INA.
Penalties for failure to control, detain, or remove alien crewmen

Penalties for employment on passenger vessels of aliens afflicted with certain disabilities.
Penalties for discharge of alien crewmen
Penalties for bringing into the United States alien crewmen with intent to evade immigration laws.
Penalties for failure to prevent the unauthorized landing of aliens

Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground.
Penalties for bringing to the United States aliens without required documentation.
Penalties for failure to depart

Penalties for improper entry

Penalty for dealing in or using empty stamped imported liquor containers.
Penalty for employing a vessel in a trade without a required Certificate of Documentation.
Penalty for transporting passengers coastwise for hire by certain vessels known as Bowaters vessels that do not meet specified conditions.
Penalty for transporting passengers between coastwise points in the United States by a non-coastwise qualified vessel.
Penalty for towing a vessel between coastwise points in the United States by a non-coastwise qualified vessel.

Multiplier

New penalty as adjusted by this final rule
a 385

1.01182

a 390

9,639

1.01182

9,753

9645,783

1.01182

9755,851

1,928

1.01182

1,951

2,8915,783

1.01182

2,9255,851

19,277

1.01182

19,505

5,783

1.01182

5,851

5,783

1.01182

5,851

5,783

1.01182

5,851

813

1.01182

823

81407

1.01182

82412

540

1.01182

546

19 U.S.C. 1706a; 19 CFR 4.80i
1,352

1.01182

1,368

46 U.S.C. 12118f3

540

1.01182

546

46 U.S.C. 55103b; 19 CFR
4.80b2.
46 U.S.C. 55111c; 19 CFR 4.92

812

1.01182

822

b 9462,976

1.01182

c 9573,011

8 U.S.C. 1281d; 8 CFR
280.53b6 INA section 251d.
8 U.S.C. 1281d; 8 CFR
280.53b6 INA section 251d.
8 U.S.C. 1284a; 8 CFR
280.53b7 INA section 254a.
8 U.S.C. 1285; 8 CFR
280.53b8 INA section 255.
8 U.S.C. 1286; 8 CFR
280.53b9 INA section 256.
8 U.S.C. 1287; 8 CFR
280.53b10 INA section 257.
8 U.S.C. 1321a; 8 CFR
280.53b11 INA section 271a.
8 U.S.C. 1322a; 8 CFR
280.53b12 INA section 272a.
8 U.S.C. 1323b; 8 CFR
280.53b13 INA section 273b.
8 U.S.C. 1324d; 8 CFR
280.53b14 INA section 274D.
8 U.S.C. 1325b; 8 CFR
280.53b15 INA section 275b.
19 U.S.C. 469

Office of Mgmt. and Budget, Exec. Office of the President, M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Dec. 23, 2020 https www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf.
No applicable conforming edit to regulatory text.
a for each alien.
b plus $162 per ton.
c $164 per ton.

C. U.S. Immigration and Customs Enforcement
jspears on DSK121TN23PROD with RULES1

U.S. Immigration and Customs Enforcement ICE assesses civil monetary penalties for certain employment-related violations arising from the INA. ICEs civil penalties are located in title 8 of the CFR.
There are three different sections in the INA that impose civil monetary penalties for violations of the laws that relate to employment actions: sections 274A, 274B, and 274C. ICE has primary
11 Table 3 also includes two civil penalties that are also listed as penalties administered by CBP.
These are penalties for failure to depart voluntarily, INA section 240Bd, and failure to depart after a
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enforcement responsibilities for two of these civil penalty provisions sections 274A and 274C, and the Department of Justice DOJ has enforcement responsibilities for one of these civil penalty provisions section 274B. The INA, in sections 274A and 274C, provides for imposition of civil penalties for various specified unlawful acts pertaining to the employment eligibility verification process Form I
9, Employment Eligibility Verification, the employment of unauthorized aliens, and document fraud.

Because both DHS and DOJ
implement the three employmentrelated penalty sections in the INA, both Departments implementing regulations reflect the civil penalty amounts. For a complete description of the civil money penalties assessed and a discussion of DHSs and DOJs efforts to update the penalties in years past, see the IFR
preamble at 81 FR 42991. Below is a table showing the 2021 adjustment for the penalties that ICE administers.11

final order of removal, INA section 274D. Both CBP
and ICE may administer these penalties, but as ICE
is the DHS component primarily responsible for
assessing and collecting them, they are also listed among the penalties ICE administers.

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