§ 3706 : PENALTIES RELATED TO REMOVAL

PENALTIES RELATING TO VESSELS AND AIRCRAFT.— Section 243(c)(8 U.S.C. 1253(c)) is amended—

1.

by striking Attorney General each place such term appears and inserting Secretary of Homeland Security;

2.

by striking Commissioner each place such term appears and inserting Secretary of Homeland Security; and

3.

in paragraph (1)—

A.

in subparagraph (A), by striking $2,000 and inserting $5,000;

B.

in subparagraph (B), by striking $5,000 and inserting $10,000;

C.

by amending subparagraph (C) to read as follows:

C.

COMPROMISE.—The Secretary of Homeland Security, in the Secretary’s unreviewable discretion and upon the receipt of a written request, may mitigate the monetary penalties required under this subsection for each alien stowaway to an amount equal to not less than $2,000, upon such terms that the Secretary determines to be appropriate.

; and

D.

by inserting at the end the following:

D.

EXCEPTION.—A person, acting without compensation or the expectation of compensation, is not subject to penalties under this paragraph if the person is—

i.

providing, or attempting to provide, an alien with humanitarian assistance, including emergency medical care or food or water; or

ii.

transporting the alien to a location where such humanitarian assistance can be rendered without compensation or the expectation of compensation.