[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR271.1]



[Page 629-630]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 271_DILIGENT AND REASONABLE EFFORTS TO PREVENT THE UNAUTHORIZED 

ENTRY OF ALIENS BY THE OWNERS OF RAILROAD LINES, INTERNATIONAL BRIDGES 

OR TOLL ROADS--Table of Contents

 

Sec. 271.1  Procedures for inspections.









    Authority: 8 U.S.C. 1103 and 1321.





    (a) Applicability. The following terms and conditions apply to those 

owners or operators of railroad lines, international bridges, or toll 

roads, which provide a means for an alien to come to the United States.

    (b) Inspection of facility. Based upon a written request by the 

owners or operators, the INS district director or his designee shall 

inspect the facility or method utilized in order to ensure that owners 

and operators have acted diligently in taking adequate steps to prevent 

the unlawful entry of aliens into the United States. Such measures may 

include but are not necessarily limited to fencing, barricades, 

lighting, or security guards. If the district director determines that 

preventive measures are inadequate, he or she shall advise the owners or 

operators in writing, citing the reasons for such determination. If the 

owners or operators believe the requirements of the district director to 

be excessive or unnecessary, they may request that the Regional 

Commissioner having jurisdiction over the location where the facility is 

located, review the district director's requirements. The Regional 

Commissioner shall advise the owners or operators in writing of the 

results of his or her review.

    (c) Preventive measures and certification. Upon a determination by 

the district director that reasonable and adequate preventive measures 

have been taken by the owners and operators, he or she shall certify 

that the owners and operators shall not be liable for the penalty 

described in section 271(a), so long as the facility or method utilized 

is maintained in the condition in which approved and certified.

    (d) Revocation of certification. The District Director having 

jurisdiction over the location where the facility is located, in his or 

her discretion, may at



[[Page 630]]



any time, conduct an inspection of said facility to determine if any 

violation is occurring. If the facility is found to be not in 

compliance, said certification will be revoked.



[53 FR 26036, July 11, 1988]