[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR271.1]

[Page 637-638]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 271_DILIGENT AND REASONABLE EFFORTS TO PREVENT THE UNAUTHORIZED
 
Sec.  271.1  Procedures for inspections.

    (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 638]]

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]