Speech #820201135

The Provision will not reduce the number of alien stowaways attempting to enter this country. On the contrary. it will encourage commanding officers and crews to relax their present efforts to apprehend and detain stowaways. Rather than subject their owners to a $500 penalty for the privilege of delivering a stowaway to the immigration authorities. some commanding officers will conclude that it will be wiser to assist the stowaway to get ashore undetected. They will be willing to take a chance on his being picked up by the immigration authorities and penalties in excess of $500 being imposed on their owners. It will be with them a case of double or nothing. The subsection should also be stricken for the reason that it is grossly unfair and unnecessary. The subsection is unfair in that it penalizes carriers for doing exactly what they are required to do by existing statutes. that is. to apprehend and detain stowaways for the immigration officials. They would be rewarded for the effectiveness of their efforts by being subjected to a $500 penalty. The subsection is unnecessary in that existing sanctions provide every incentive for a carrier to prevent persons from becoming stowaways and for the apprehension and detention of them if the ydo. A carrier i now responsible for the safekeeping. detention. and maintenance expenses of an alien stowaway. as well as for his return passage. A carrier is subject to a penalty of from $200 to $1.000 for bringing an alien. including a stowaway. into the United States and failing to prevent his landing at a time or place other than as designated by the immigration officials. Subsection (d) of section 273 of this bill further strengthens existing sanctions by imposing a $1.000 penalty for failure to detain a stowaway on board until he has been inspected by the immigration officials. Although subsection (e) authorizes the Attorney General to remit the $500 penalty if he is satisfied that the presence of the stowaway aboard the vessel or aircraft at the time it left its last foreign port could not have been ascertained by the exercise of reasonable diligence. this is of little practical value to the carrier. The expense involved in protesting the penalty. including trips to Washington and legal fees. will in most instances equal. if not exceed. its amount.