8 U.S.C. § 1328Importing Aliens for Immoral
Section 1328 prohibits three kinds of sexual activities with respect to
aliens: (1) importing aliens for prostitution, (2) holding aliens for
prostitution, and (3) keeping, maintaining, controlling, supporting,
or harboring aliens for prostitution. Each of the three is a separate
See Dalton v. Hunter, 174 F.2d 633 (10th Cir.), cert.
denied, 338 U.S. 906 (1949).|
The phrase, "in pursuance of such illegal importation," was added to
1328 in 1910 to establish an interstate commerce nexus because the Supreme
had held that the statute infringed on state police powers. See
v. United States, 213 U.S. 138 (1909). Also, "alien" was substituted
"woman or girl" to make it clear that the statute applied to both sexes.
phrase, "or for any other immoral purpose," probably includes only immoral
purposes relating to sex, and not, for example, the selling of babies.
See United States v. Baker, 136 F. Supp. 546, 549-550
For a definition of "hold" see United States v. Giuliani, 147
594, 596, 600 (D.Del. 1906). See also 18 U.S.C. § 2424, which
provides penalties for failure to register a female brought to the United
from certain countries for immoral purposes.
[cited in USAM 9-73.200]