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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http: //books .google .com/I i \ U. S. DEPARTMENT OF LABOR BUREAU OF IMMIGRATION IMMIGRATION LAWS (ACT OF FEBRUARY 5, 1917) ^-/ RULES OF MAY 1,1917 (Fwrth Edilioft--Ftbratf7, 1991) [AMENDMENT TO RULE 22] WASHINGTON GOVERNMENT PRINTING OFFICB 1920 N ^"^^ \^ Sb X<^^ THE IMMIGRATION ACTS. Note. — ^The immigration act of February 5, 1917, repeals the act of February 20, 1907, the act of March 3, 1903, and all prior acts or parts of acts inconsistent with the new law. In the back of this pamphlet are published such portions of the prior acts as are not repealed by or reenacted in the act of February 5, 1917 ; also the act of March 2, 1907, regarding expatriation; an extract from the sundry civil appropriation act of March 4, 1909, the act relative to outward alien manifests of March 4, 1909 ; the " White-slave traffic act " of June 25, 1910 ; the act of August 24, 1912, providing that all charges for maintenance and return of Chinese shall be borne by steamship companies; the act of March 4, 1913, creating the Department of Labor ; and the act of March 4, 1915, " to promote the welfare of American seamen,** etc. If necessary to refer to the old acts, they may be found in the United States Statutes at Large, as follows : Act approved March 3, 1875 : 18 Stat. L., part 3, page 477. Act approved August 3, 1882 : 22 Stat. L., page 214. Act approved June 26, 1884 (sec. 22 only) : 23 Stat. L., page 58. Act approved February 26, 1885 : 23 Stat L., page 332. Act approved February 23, 1887 : 24 Stat. L., page 414. Act approved Getter 19, 1888 : 25 Stat L., page 565. Act approved March 3, 1891 : 26 Stat. L., page 1084. Act approved February 15, 1893 (sec. 7) : 27 Stat. L., page 449. Act approved March 3, 1893 : 27 Stat L., page 569. Act approved August 18, 1894 : 28 Stat L., page 390. Act approved March 2, 1895 : 28 Stat L., page 780. Act approved June 6, 1900 : 31 Stat. L., page 611. Act approved April 29, 1902: 32 Stat. L., part 1, page 176. Act approved March 3, 1903 : 32 Stat L., part 1, page 1213. Act approved March 22, 1904 : 83 Stat L., part 1, page 144. Act approved April 28, 1904 : 33 Stat L., part 1, page 591. Act approved February 3, 1905 : 33 Stat. L., part 1, page 684. Act approved February 20, 1907 : 34 Stat L., page 898. Act approved March 26, 1910: 36 Stat L., page 263. .lUN /O 1920 »^.. f HARVARD LAW LIBRARY «ived ^H;»j,^w\^ Received ^^J{(-j.^v.vj. "i O ■ ^ ^ "^ O IMMIGRATION LAWS. 5 forms of law, or who disbeUeve in or are opposed to organized gov- ernment, or who advocate the assassination of public officials, or who advocate or teach the unlawful destruction of property ; persons who are members of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized government, or who advocate or teach the duty , necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific in- dividuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who advocate or teach tne unlawful destruction of property; prostitutes, or persons coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who directly or indirecthr procure or attempt to procure or import prostituted or persons for the purpose of prostitution or for any other immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution; persons hereinafter called contract laborers, who have been induced, assisted, encouraged, or solicited to migrate to this country by offers or promises oi employment, whether such offers or promises are true or false, or in consequence of agreements, oral, written or printed, express or implied, to perform labor in this country of any Idnd, skilled or unbilled ; persons who have come in consequence of ad- vertisements for lalDorers printed, published, or distributed in a foreign coimtry ; persons likely to become a public charge : ^ persons who have been deported under any of the provisions oi this act, and who may agam seek admission within one year from the date of such deportation, unless prior to their reembarkation at a foreign port or their attempt to be admitted from foreign contiguous terri- tory the Secretary of Labor shall have consented to their reapplying for admission ; persons whose tickets or passage is paid for with the money of another, or who are assisted by others to come, unless it is aflunatively and satisfactorily shown that such persons do not belong to one of the foregoing excluded classes ; persons whose ticket or passage is paid for by any corporation^ association, society, munici- pality, or foreign Government, either directly or indirectly; stowa- ways, iexcept that any such stowaway, if otherwise admissible, may be admitted in the discretion of the Secretary of Labor ;^ all children under sixteen years of age, unaccompaniea by or not coming to one or both of their parents, except that any such children may, in the discretion of the Secretary of Labor, be admitted if in his opinion they are not likely to become a public charge and are otherwise eligible ; ^ unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adja- cent to the continent of Asia, situate south of the twentieth parallel latitude north, west of the one hundred and sixtieth meridian of longitude east from Greenwich, and north of the tenth parallel of latitude south, or who are natives of any country, province, or de- pendency situate on the continent of Asia west of the one hundred 1 This clause excluding aliens on the ground likely to become a public charge has been shifted from its position in section 2 of the immigration act of 1907 to its present posi- tion in section 3 of this act in order to indicate the intention of Congress that aliens shaU be excluded upon said ground for economic as well as other reasons and with a view to overcoming the decision of the Supreme Court in Gegiow v. Uhl, 239 U. S., 3 (Senate Kept. 352, 64th Cong., 1st sess.). See Rule 17 regarding landing under bond. « See Rule 7. » See Rule 6. 6 IMMIGBATION LAWS. and tenth meridian of longitude east from Greenwich and east of the fiftieth meridian of longitude east from Greenwich and south of the fiftieth parallel of latitude north, except that portion of said terri- tory situate between the fiftieth and the sixty-fourth meridians of longitude east from Greenwich and the twenty-fourth and thirty- eighth parallels of latitude north, and no alien now in any way excluded from, or prevented from entering, the United States shall be admitted to the United States. The provision next foregoing, however, shall not apply to persons of the following status or occupations: Government officers, ministers or religious teachers, missionaries, lawyers, physicians, chemists, civil engineers, teachers, students, authors, artists, merchants, and travelers for curiosity or pleasure, nor to their legal wives or their children under sixteen years of age who shall accompany them or who subsequently may apply for admission to the United States, but such persons or their legal wives or foreign-bom children who fail to maintain in the United States a status or occupation placing them within the ex- cepted classes shall be deemed to be in the United States contrary to law, and shall be subject to deportation as provided in section nineteen of this act.^ That after three months from the passage of this act,^ in addition to the aliens who are by law now excluded from admission into the United States, the following persons shall also be excluded from ad- mission thereto, to wit : All aliens over sixteen years of age, physically capable of reading, who can not read the English language, or some other language or dialect, including Hebrew or Yiddish:* Provided^ That anjr ad- missible alien, or any alien heretofore or hereafter legally admitted, or any citizen of the United States, may brinff in or send for his father or grandfather over fifty-five years of age, his wife, his mother, his grandmother, or his unmarried or widowed daughter, if otherwise admissible, whether such relative can read or not; and such relative shall be permitted to enter. That for the purpose of ascertaining whether aliens can read the immigrant inspectors shall be furnished with slips of imif orm size^ prepared under the direction of the Secretary of Labor, each containing not less than thirty nor more than forty words in ordinary use, printed in plainly legible type in some one of the various languages or dialects of immigrants. Each alien may designate the particular language or dialect in which he desires the examination to be made, and shall be required to read the words printed on the slip in such language or dialect. That the following classes of persons shall be exempt from the operation of the illiteracy test, to wit : All aliens who shall prove to the satisfac- tion of the proper immigration officer or to the Secretary of Labor that they are seeking admission to the United States to avoid re- ligious persecution in the country of their last permanent residence, whether such persecution be evidenced by overt acts lor by laws or governmental regulations that discriminate against the alien or the race to which he belongs because of his religious faith; all aliens who have been lawfully admitted to the United States and who have 1 See Rule 8. * The illiteracy test does not become operative until the morning of May 5, 1917. All other provisions of the law become operative on the morning of May l, 1917. 8 For method of applying the reading test, see Rule 4. IMMlGBAttOK LAWS. 7 resided therein continuously for five years and who return to the United States within six months from the date of their departure therefrom; all aliens in transit through the United States ; ^ all aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory: Provided^ That nothing in this act shall exclude, if otherwise admissible, persons cojivicted, or who admit the commission, or who teach or advocate the commis- sion, of an offense purely political : Provided further^ That the pro- visions of this act, relating to the payments for tickets or passage by any corporation, association, society, municipality, or foreign Government shall not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory: Provided further^ That skilled labor, if otherwise admissible, may be imported if labor of like kind unem- ployed can not be f oimd in this country^ and the question of the necessity of importing such skilled labor in any particular instance may be determined by the Secretary of Labor upon the application of any person interested, such application to be made before such importation, and such determination by the Secretary of Labor to be reached after a full hearing and an investigation into the facts of the case: Provided further^ That the provisions of this law ap- plicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges or seminaries, persons belong- ing to any recognized learned profession, or persons employed as domestic servants : ^ Provided further^ That whenever the President shall be satisfied that passports issued by any foreign Government to its citizens or subjects to go to any coimtry other man the United States, or to any insular possession of the United States or to the Canal Zone, are being used for the purpose of enabling the holder to come to the continental territory of the United States to the detriment of labor conditions therein, the President shall refuse to permit such citizens or subjects of the country issuing such passports to enter the continental territory of the United States from such other country or from such insular possession or from the Canal Zone:* Provided further^ That aliens returning after a temporary absence to an unrelinquished United States domicile of seven con- secutive years may be admitted in the discretion of the Secretary of Labor, and imder such conditions as he may prescribe:* Provided fwrther^ That nothing in the contract-labor or reading-test provi- sions oi this act shall be construed to prevent, hinder, or restrict any alien exhibitor, or holder of concession or privilege for any fair or exposition authorized by act of Congress, from bringing into the United States, under contract, such otherwise admissible alien me- chanics, artisans, agents, or other employees, natives of his country as may be necessary for installing or conducting his exhibit or for preparing for installing or conducting any busmess authorized or permitted under any concession or privilege which may have been or may be granted by any such fair or exposition in connection there- with, under such rules and regulations as the Commissioner General 1 See Rule 9. « See Rule 11. • See Rule 27. « See subd. 1, Rule 16. 8 IMMIGRATION LAWS. of Immigration, with the approval of the Secretary of Labor, may prescribe both as to the admission and return of such persons : ^ Pro- vided further^ That the Commissioner General of Immigration with the approval of the Secretary of Labor shall issue rules and prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return or otherwise inad- missible aliens appljring for temporary admission : * Provided further^ That nothing in this act shall be construed to apply to accredited officials of foreign Governments, nor to their suites, families, or guests. Sep. 4. That the importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is hereby forbidden; and whoever shall, directly or indirectly, im- port, or attempt to import into the United States any alien for the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, maintain, control, support, employ, or harbor in any house or other place, for the purpose of prostitution or for any other immoral purpose, any alien, m pur- suance of such illegal importation, shall in every such case be deemed guilty of a. felony, and on conviction thereof shall be punished by im- prisonment for a term of not more than ten years and by a fine of not more than $5,000. Jurisdiction for the trial and punishment of the felonies hereinbefore set forth shall be in any district to or into which said alien is brought in pursuance of said importation by the person or persons accused^ or m any district in which a violation of any of the foregoing provisions of this section occurs. That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this act which relate to prostitutes, procurers, or other like immoral persons, attempt thereafter to return to or to enter the United States shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment for a term of not more than two years. In all prosecutions under this section the testimony of a husband or wife shall be admissible and competent evidence against each other. Sec. 5. That it shall be imlawful for any person, company, part- nership, or corporation, in any manner whatsoever, to prepay the transportation or in any way to induce, assist, encourage, or solicit, or attempt to induce, assist, encourage, or solicit the importation or migration of any contract laborer or contract laborers into the United States, unless such contract laborer or contract laborers are exempted under the fifth proviso of section three of this act, or have been imported with the permission of the Secretary of Labor in accord- ance with the fourth proviso of said section, and for every violation of any of the provisions of this section the person, partnership, com- pany, or corporation violating the same shall forfeit and pay for every such offense the sum of $1,000, which may be sued for and re- covered by the United States as debts of like amount are now re- covered in the courts of the United States. For every violation of the provisions hereof the person violating the same may be prose- 1 See Rule 27. «See subd. 2, Rule 16; also subd. 6, Rule 27. IMMIGRATION LAWS. > 9 cuted in a criminal action for a misdemeanor, and on conviction thereof shall be punished by a fine of $1,000, or by imprisonment for a term of not less than six months nor more than two years; and under either the civil or the criminal procedure mentioned sepa- rate suits or prosecutions may be brought for each alien thus offered or promised employment as aforesaid. The Department of Justice, with the approval of the Department of Labor, may from any fines or penalties received pay rewards to persons other tnan Government employees who may furnish information leading to the recovery of any such penalties, or to the arrest and punishment of any person, as in this section provided. Sec. 6. That it shall be unlawful and be deemed a violation of sec- tion five of this act to induce, assist, encourage, or solicit or attempt to induce, assist, encourage, or solicit any alien to come into the United States by promise of employment through advertisements printed, published, or distributed in any foreign country, whether such promise is true or false, and either the civil or criminal penalty or both imposed by said section shall be applicable to such a case. Sec. 7. That it shall be unlawful for any person, association, society, company, partnership, corporation^ or others engaged in the business of transporting aliens to or within the United States, including owners, masters, officers, and agents of vessels, directly or indirectly, by writing, printing, oral representation, payment of any commissions to an alien coming into the United States, allowance of any rebates to an alien coming into the United States, or otherwise to solicit, invite, or encourage or attempt to solicit, invite, or encour- age any alien to come into the United States^ and anyone violating any provision hereof shall be subject to either the civil or the criminal prosecution, or both, prescribed by section five of this act ; or if it snail appear to the satisfaction of the Secretary of Labor that any owner, master, officer, or agent of a vessel has brought or caused to be brought to a port of the United States any alien so solicited, invited, or encouraged to come by such owner, master, officer, or agent, such owner, master, officer, or agent shall pay to the collector of customs of the customs district in which the port of ar- rival is located, or in which any vessel of the line may be found, the sum of $400 for each and every such violation ; and no vessel shall be granted clearance pending the determination of the question of the liability to the payment of such fine, or while the fine imposed re- mains unpaid, nor shall such fine be remitted or refunded:^ Pro- vided, That clearance may be granted prior to the determination of such questions upon the deposit with the collector of customs of a sum sufficient to cover such fine : Provided further^ That whenever it shall be shown to the satisfaction of the Secretary of Labor that the provisions of this section are persistently violated by or on behalf of any transportation company, it shall be the duty of said Secretary to deny to such company the privilege of landing alien immigrant passengers of any or all classes at United States ports for such a period as in his judgment may be necessary to insure an observance of such provisions : Provided further^ That this section shall not be held to prevent transportation companies from issuing letters, circu- lars, or advertisements, confined strictly to stating the sailing of their 1 For method of enforcing this proyision, see Rule 28. 10 IMMIGRATION LAWS. vessels and terms and facilities of transportation therein: Provided further^ That under sections five, six, and seven hereof it shall be presumed from the fact that any person, company, partnership, cor- portation, association, or society induces, assists, encourages, solicits, or invites, or attempts to induce, assist, encourage, solicit, or invite the importation, migration, or coming of an alien from a country foreign to the United States, that the offender had knowledge of such person's alienage. Sec. 8. That any person, including the master, agent, owner^ or consignee of any. vessel, who shall bring into or land in the Umted States, by vessel or otherwise, or shall attempt, by himself or through another, to bring into or land in the United States, by vessel or other- wise, or shall conceal or harbor, or attempt to conceal or harbor, or assist or abet another to conceal or harbor in any place, including any building, vessel, railway car, conveyancej or vehicle, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter or to reside within the United States under the terms of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $2,000 and by imprisonment for a term not exceeding five years, for each and every alien so landed or brought in or attempted to be landed or brought in. Sec. 9.^ That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States either from a foreign country or any insular possession of the United States any alien afflicted with idiocy, insanity, imbecility, feeble-mindedness, epilepsy, constitutional psychopathic inferiority, chronic alcoholism, tuberculosis in any form, or a loathsome or dangerous contagious dis- ease, and if it shall appear to the satisfaction of the Secretary of Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign em- barkation, and that the existence of such disease or disability might have been detected by means of a competent medical examination at such time, such person or transportation company, or the master, agent, owner, or consignee of any such vessel shall pay to the collector or customs of the customs district in which the port of arrival is located the sum of $200, and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival for each and every vio- lation of the provisions of this section, such latter sum to be delivered by the collector of customs to the alien on whose account assessed. It shall also be unlawful for any such person to bring to anv port of the United States any alien afflicted with any mental detect other than those above specifically named, or physical defect of a nature which may affect his ability to earn a living, as contemplated in sec- tion three of this act, and if it shall appear to the satisfaction of the Secretary of Labor that any alien so brought to the United States was so afflicted at the time of foreign embarkation, and that the ex- istence of such mental or physical defect might have been detected by means of a competent medical examination at such time, such per- son shall pay to the collector of customs of the customs district in 1 For method of enforcing the proyisions of this section, see Rule 28. IMMIQBATION LAWS. 11 which the port of arrival is located the sum of $25, and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his tidket, to the port of ar- rival, for each and every violation of his provision^ such latter sum to be delivered by the collector of customs to the alien for whose ac- count assessed. It shall also be unlawful for any such person to bring to any port of the Ujiited States any alien who is excluded by the provisions of section three of this act because unable to read, or who is excluded by the terms of section three of this act as a native of that portion of the continent of Asia and the islands adjacent thereto described in said section, and if it shall appear to the satis- faction of the Secretary of LabcH* that these disabilities might have been detected by the exercise of reasonable precaution prior to the departure of such aliens from a foreign port, such person shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of ^00, and in addition a sum equal to that paid by such alien f ol* his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, for each and every violation of this provision, such latter sum to be delivered by the collector of customs to the alien on whose account assessed. And no vessel shall be granted clearance papers pending the determi- nation of the question of the liability to the payment of such fines, or while the fines remain unpaid, nor shall such fines be remitted or refunded : Provided^ That clearance may be granted prior to the de- termination of such questions upon the deposit of a sum sufficient to cover such fines: Provided further^ That nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of the United States aliens who are by any of the provisos or exceptions to section three hereof exempted from the excluding provisions of said section. Sec. 10. That it shall be the duty of every person, including owji- ers, officers, and agents of vessels of transportation lines, or interna- tional bridges or toll roads, other than railway lines which may enter into a contract as provided in section twenty -ihree of this act, bring- ing an alien to, or providing a means for an alien to come to, any sea- port or land border port of the United States, to prevent the landing of such alien in the United States at any tune or place other than as designated by the immigration officers, and the failure of any such person, owner, officer, or a^ent to comply with the foregoing require- ments shall be deemed a misdemeanor and on conviction thereof shall be punished by a fine in each case of not less than $200 nor more than $1,000, or by imprisonment for a term not exceeding one year, or by both such mie and imprisonment; or, if in the opinion oi the Secre- tary of Labor it is impracticable or inconvenient to prosecute the per- son, owner, master, officer, or agent of any such vessel, a penalty of $1,000 shall be a lien upon the vessel whose owner, master, officer, or a^ent violates the provisions of this section, and such vessel shall be libeled therefor in the appropriate United States court. Sec. 11. That for the purpose of determining whether aliens ar- riving at ports of the United States belong to any of the classes ex- cluded by this act, either by reason of being afflicted with any of the diseases or mental or physical defects or disabilities mentioned in section three hereof, or otherwise, or whenever the Secretary of Labor has received information showing that any aliens^are coming 12 IMMIGRATION ULWS. from a country or have embarked at a place where any of said dis- eases are prevalent or epidemic, the Commissioner Greneral of Im- migration, with the approval of the Secretary of Labor, may direct that such aliens shall be detained on board the vessel bringing them, or in a United States immigration station at the eimense of such vessel, as circumstances may require or justify, a sumcient time to enable the immigration officers and medical officers stationed at such ports to subject aliens to an observation and examination sufficient to determine whether or not they belong to the said excluded classes by reason of being afflicted in the manner indicated: Provided^ That with a view to avoid undue delay in landing passengers or inter- ference with commerce, the Commissioner General of Immigration may, with the approval of the Secretary of Labor, issue such regula- tions, not inconsistent with law, as may be deemed necessary to effect the purposes of this section: Provided further^ That it shall be the dutv of immigrant inspectors to report to the Commissioner Gen- eral of Immigration the condition of all vessels bringing aliens to United States ports.^ Sec. 11a. That the Secretary of Labor is hereby authorized and directed to enter into negotiations, through the Department of State, with countries vessels of which bring aliens to the United States, with a view to detailing inspectors and matrons of the United States Immigration Service for duty on vessels carrying immigrant or emi- •ant passengers between foreign ports and ports of the United States. When such inspectors and matrons are detailed for said duty they shall remain m that part of the vessel where immigrant passengers are carried; and it shall be their duty to observe such passengers during the voyage and report to the immi^ation authori- ties in charge at the port of landing any information of value in determining the admissibility of such passengers that may have become known to them during the voyage. Sec. 12. That upon the arrival of any alien by water at any port within the United States on the North American Continent from a foreign port or a port of the Philippine Islands, Guam, Porto Eico, or Hawaii, or at any port of the said insular possessions from any foreign port, from a port in the United States on the North Ameri- can Continent, or from a port of another insular possession of the United States,* it shall be the duty of the master or commanding officer, owners, or consignees of the steamer, sailing, or other vessel having said alien on board to deliver to the immigration officers at the port of arrival typewritten or printed lists or manifests made at the time and place of embarkation of such alien on board such steamer or vessel, which shall, in answer to (juestions at the top of said list, contain full and accurate information as to each alien as follows : Full name, age, and sex ; whether married or single ; calling or occupation; personal description (including height, complexion, color of hair and eyes, and marks of identification) ; whether able to read or write; nationality; country of birth; race; country of last permanent residence; name and address of the nearest relative in the country from which the alien came; seaport for landing in the United States ; final dest;ination, if any, beyond the port of landing ; ^ See Rule 29. 2 For procurement of manifests from Canadian transportation companies, see Rule 12. IMMIGKATION LAWS. 13 whether having a ticket through to such final destination ; by whom passage was paid; whether in possession of $50, and if less, how much ; whetiier going to join a relative or friend, and, if so, what relative or friend, and his or her Qame and complete address; whether ever before in the United States, and if so, when and where; whethOT ever in prison or almshouse or an institution or hospital for the care and treatment of the insane; whether ever supported by charity; whether a polygamist; whether an anardiist; whether a person who believes m or advocates the overthrow by force or vio- lence of the Government of the United States or of all forms of law, or who disbelieves in or is opposed to organized government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property, or is a member of or affiliated with any organization entertaming and teaching disbelief in or oposition to organized government, or which teaches the unlaw- ful destruction of property, or who advocates or teaches the duty, necessity, or propriety of the imlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government because of his or their official character; whether com- ing by reason of any offer, solicitation, promise, or agreement, ex- press or implied, to perform labor in the United States; the alien^'s condition of health, mental and physical; whether deformed or crippled, and if so, for how long and from what cause; whether coming with the intent to return to the country whence such alien comes after temporarily engaging in laboring pursuits in the United States ; and such other items of information as will aid in determin- ing whether any such alien belongs to any of the excluded classes enumerated in section three hereof ; and such master or commanding officer, owners, or consigness shall also furnish information in rela- tion to the sex, age, class of travel, and the foreign port of embarka- tion of arriving passengers who are United States citizens. That it shall further be the duty of the master or commanding officer of every vessel taking passengers from any port of the United States on the North American Continent to a foreign port or a port of the Philippine Islands, Guam, Porto Kico, or Hawaii, or from any port of the said insular possesions to any foreign port, to a port of the United States on the North American Continent, or to a port of another insular possei^don of the United States to file with the immi- gration officials before departure a list which shall contain full and accurate information in relation to the following matters regarding all alien pass^igers, and all citiz^is of the United States or insular possesions of the United States departing with the stated intent to reside permanently in a foreign country, taken on board : Name, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; coimtry of which citizen or subject; race; last permanent residence in the United States or insular possessions thereof; if a citizen of the United States or of the insular possessions thereof, whether native bom or naturalized ; if native bom, the place and date of birth, or if naturalized the city or town in which naturalization has been had ; intended future permanent residence; and time and port of last- arrival in the United States, or insular possessions ttiereof ; and such master or commanding officer shall also furnish information in rela- 14 IMMIGRATION LAWS. tion to the sex, age, class of travel, and port or debarkation of the United States citizens departing who do not intend to reside per- manently in a foreign country, and no master of any such vessel shall be granted clearance papers for his vessel until he nas deposited such list or lists with the mmiigration officials at the port of depar- ture and made oath that thej are full and complete as to the name and other information herem required concerning each person of the classes specified taken on board his vessel ; and any neglect or omission to comply with the requirements of this section shall be punishable as provided in section fourteen of this act: Provided^ That in the case of vessels making regular trips to ports of the United States the Commissioner Greneral of Immigration, with the approval of the Secretary of Labor, may, when expedient, arrange for the delivery of such lists of outgomg aliens at a later date: Provided further^ That it shall be the duty of immigration officials to record the following information regarding eveiy resident alien and citizen leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Name, age, and sex; wnether married or single; calling or occupa- tion ; whether able to read or write ; nationauty ; country of birth ; coimtry of which citizen or subject; race; last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States ; and if a United States citizen, whether native bom or naturalized. Sec. 13. That all aliens arriving by water at the ports of the United States shall be listed in convenient groups, the names of those coming from the same locality to be assembled so far as practicable, and .no one list or manifest shall contain more than thirty names. To each alien or head of a family shall be given a ticket on which^ shall be written his name, a niunber or letter designating the list in which his name and other items of information required by this act are contained, and his number on said list, for convenience of identifica- tion on arrival. Each list or manifest shall be verified by the signa- ture and the oath or affirmation of the master or commanding officer, or the first or second below him in command, taken before an immi- gration officer at the port of arrival, to the effect that he has caused the surgeon of said vessel sailing therewith to make a physical and mental examination of each of said aliens, and that from the report of said surgeon and from his own investigation he believes that no one of said aliens is of any of the classes excluded from admission into the United States by section three of this act, and that also according to the best of his knowledge and belief the information in said lists or manifests concerning each of said aliens named therein is correct and true in every respect. That the surgeon of said vessel sailing therewith shall also sign each of said lists or manifests and make oath or affirmation in like manner before an immigration officer at the port of arrival, stating his professional experience and qualifi- cations as a physician and surgeon,, and that he has made a personal examination ox each of the said aliens named therein, and that the said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens, the mental and physical examinations and the verifications of the lists or manifests shall be made by some IMMIGRATION LAWS. 15 competent surgeon employed by the owners of the said vessels, and the manifests shall be verined by such surgeon before a United States consular officer or other officer authorized to administer oaths: Pro- vided^ That if any changes in the condition of such aliens occur or develop during the voyage of the vessel' on which they are traveling, such changes shall be noted on the manifest before the verification thereof.* Sec. 14.* That it shall be unlawful for the master or commanding officer of any vessel bringing aliens into or carrying aliens out of the United States to refuse or fail to deliver to the immigration officials the accurate and full manifests or statements or informa- tion regarding all aliens on board or taken on board such vessel required by this act, and if it shall appear to the satisfaction of the Secretary of Labor that there has been such a refusal or failure, or that the lists delivered are not accurate and full, such master or commanding officer shall pay to the collector of customs at the port of arrival or departure the sum of $10 for each alien concern- ing whom such accurate and full manifest or statement or informa- tion is not furnished, or concerning whom the manifest or state- ment or information is not prepared and sworn to as prescribed by this act. No vessel shall be granted clearance pending the deter- mination of the question of the liability to the payment of such fine, or while it remains unpaid, nor shall such fine be remitted or refunded: Provided^ That clearance may be panted prior to the determination of such question upon the deposit with the collector of customs of a sum sufficient to cover such fine. Sec. 15. That upon the arrival at a port of the United States of any vessel bringing aliens it shall be the duty of the proper immigra- tion officials to go or to send competent assistants to the vessel and there inspect all such aliens, or said immigfation officials may order a temporary removal of such aliens for examination at a designated time and place, but such temporary removal shall not be considered a landing, nor shall it relieve vessels, the transportation lines, masters, agents, owners, or consignees of the vessel upon, which said aliens are brought to any port of tiie United States from any of the obligations which, in case such aliens remain on board, would under the pro- visions of this act bind the said vessels, transportation lines, masters, agents, owners, or consignees: Provided^ That where removal is made to premises owned or controlled by the United States, said vessels, transportation lines, masters, agents, owners, or consignees, and each of them, shall, so long as detention there lasts, be relieved of responsibility for the safekeeping of such aliens. Whenever a temporary removal of aliens is ma<& the vessels or transportation lines which brought them and the masters, owners, agents, and consignees of the vessel upon which they arrive shall pay all ex- penses of such removal and all expenses arising during subsequent detention, pending decision on the aliens' eligibility to enter the United States and imtil they are either allowed to land or returned to the care of the line or to the vessel which brought them, such expenses to include those of maintenance, medical treatment in hos- pital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation, excepting only where they arise ^ See Rule 2. ' For method of enforcing this section, see Rule 28. 16 IMMIGRATION LAWS. under the terms of any of the provisos of section eighteen hereof. Any refusal or failure to comi)lv with the provisions hereof shall be punished in the manner specified in section eighteen of this act.^ Sec. 16. That the physical and mental examination of all arriving aliens shall be made by medical officers of the United States Public Health Service who shall have had at least two years' experience in the practice of their profession since receiving the degree of ckxjtor of medicine, and who shall conduct all medical examinations and shall certify, for the information of the immigration officers and the boards of special inquiry hereinafter provided for, any and all physi- cal and mental defects or diseases observed by said medical officers in any such alien; or, should medical officers of the United States Public Health Service be not available, civil surgeons of not less than four years' professional experience may be employed in such emer- gency for such service upon such terms as may be prescribed by the Commissioner General of Immigration, under the direction or with the approval of the Secretary of Labor. All aliens arriving at ports of the United States shall be examined by not less than two such medi- cal officers at the discretion of the Secretary of Labor, and under such administrative regulations as he may prescribe and under medical regulations prepared by the Surgeon General of the United States Public Health Service. Medical officers of the United States Public Health Service who have had especial training in the diagnosis of insanity and mental defects shall be detailed lor duty or employed at all ports of entry designated by the Secretary of Labor, and such medical officers shall be provided with suitable facilities for the de- tention and examination of all arriving aliens in whom insanity or mental defect is suspected, and the services of interpreters shall be provided for such examination. Any alien certified for insanity or mental defect may appeal to the board of medical officers of the United States Public Health Service, which shall be convened by the Surgeon General of the United States Public Health Service, and said alien may introduce before such board one expert medical wit- ness at his own cost and expense. That the inspection, other than the physical and mental examination, of aliens, including those seek- ing admission or readmission to or the privilege of passing through or residing in the United States, and the examination of aliens arrested within the United States under this act, shall be conducted by immigrant inspectors, except as hereinafter provided in regard to boards of special mqiiiry. All aliens arriving at ports of the United States shall be exammed by at least two immigrant inspectors at the discretion of the Secretary of Labor and under such regulations as he may prescribe.^ Immigrant inspectors are hereby authorized and empowered to board and search for aliens any vessel, railway car, or any other conveyance, or vehicle in which they believe aliens are be- ing brought into the United States. Said inspectors shall have power to administer oaths * and to take and consider evidence touching the right of any alien to enter, reenter, pass through, or reside in the United States, and, where such action may be necessary, to make a 1 For method of enforcing this section, see Rule 28. «See subd. 1, Rule 3. . . , , ^ ^^ ^ « When such ofBcials are detailed to investigate frauds or attempts to defraud the Gov- ernment, or any irregularity or misconduct of any officer or agent of the United States, sec. 188 R. S., as amended by the act approved Feb. 13, 1911 (36 Stat. L., 898). should be relied upon for authority to administer oaths to witnesses. IMMIGEATION LAWS. 17 written record of such evidence; and any person to whom such an oath has been administered, under the provisions of this act, who shall knowingly or willfully give false evidence or swear to any false statement in any way affecting or in relation to the right of any alien to admission, or readmission to, or to pass through, or to reside in the United States shall be deemed guilty of perjury and be punished as provided by section one hundred and twentj-nve of the act ap- proved March fourth, nineteen hundred and mne, entitled **An act to codify, revise, and amend the penal laws of the United States." All aliens coming to the United States shall be required to state under oath the purposes for which they come, the length of time they intend to remam in the United States, whether or not they intend to abide in the United States permanently and become citizens thereof, and such other items of information regarding themselves as will aid the immigration officials in determining whether they belong to any of the excluded classes enumerated m section three hereof. Any commissioner of immigration or inspector in charge shall also have power to require by subpo&na the attendance and tes- timony of witnesses before said mspectors and the production of books, papers, and documents touching the riffht of any alien to enter, reenter, reside in, or pass through the United States, and to that end may invoke the aid of any court of the United States 5 and any dis- trict court within the jurisdiction of which investigations are being conducted by an immigrant inspector may, in the event of neglect or refusal to respond to a subpoena issued by any commissioner of immigration or inspector in charge or refusal to testify before said immigrant inspector, issue an order requiring such person to appear before said immigrant inspector, produce books, papers, and docu- ments if demanded, and testify ; and any failure to obey such order of the court may be punished by the court as a contempt thereof.* That any person,. including employees, officials, or agents of trans- portation companies, who shall assault, resist, prevent, impede, or interfere with any immigration official or employee in the perform- ance of his duty under this act shall be deemed guilty of a misde- meanor, and on conviction thereof shall be punished by imprison- ment for a term of not more than one year, or by a fine of not more than $2,000, or both ; and any person who shall use any deadly or dangerous weapon in resisting any immigration official or employee in the performance of his duty shall be deemed guilty of a felony and shall, on conviction thereof, be punished by imprisonment for not more than ten years. Every alien who may not appear to the examhiing immigrant inspector at the port of arrival to be clearly and beyond a doubt entitled to land shall be detained for examina- tion in relation thereto by a board of special inquiry. In the event of rejection by the board of special inquiry, in all cases where an appeal to the Secretary of Labor is permitted by this act, the alien shall be so informed^ and shall have the right to be represented by counsel or other adviser on such appeal. The decision of an immi- grant inspector, if favorable to the admission of any alien, shall be subject to challenge by any other immigrant inspector, and such chal- ^ See Bule 24. leSSll**— 20 2 18 IMMIGBATION lAWS. lenge shall operate to take the alien whose right to land is so chal- lenged before a board of special inquiry for its investigation. Sec. 17.* That boards of special inquiry diall be appointed by the commissioner of immigration or inspector in charge at the various ports of arrival as may be necessary for the prompt determination of aU cases of immigrants detained at such ports under the provisions of the law. Each board diall consist of three members, who shall be selected from such of the immigrant officials in the service as the Commissioner General of Immigration, with the approval of the Secretary of Labor, shall from time to time designate as qualified to serve on such boards. When in the opinion of the Secretary of Labor the maintenance of a permanent board of special inquiry for service at any sea or land border port is not warranted, regularly constituted boards may be detailed from other stations for temporary service at such port, or, if that be impracticable, the Secretary of Labor shall authorize the creation of boards of special inquiry by the immigra- tion officials in charge at such ports, and shall determine what Gov- ernment officials or other persons shall be eligible for service on such boards. Such boards shall have authority to determine whether an alien who has been duly held shall be allowed to land or shall be deported. All hearings before such boards shall be separate and apart from the public, but the immigrant may have one friend or relative present under such regulations as may be prescribed by the Secretary of Labor. Such boards shall keep a complete permanent record of their proceedings and of aU sucn testimony as may be Eroduced before them; and the decisions of any two members of the card shall prevail, but either the alien or any dissenting member of the said board may appeal through the commissioner of immigration at the port of arrival and the Commissioner Greneral of Immigration to the Secretary of Labor, and the taking of such appeal shall operate to stay any action in regard to the final disposal oi any alien whose case is so appealed imtil the receip,t by the commissioner of immigra- tion at the port of arrival of such decision which shall be rendered solely upon the evidence adduced before the board of special inquiry.^ In every case where an alien is excluded from admission into the United States, under any law or treaty now existing or hereafter made, the decision of a board of special mquiry adverse to the admis- sion of such alien shall be final, unless reversed on appeal to the Secretary of Labor: Provided^ That the decision of a board of spe- cial inquiry shall be based upon the certificate of the examining medi- cal officer and, except as provided in section twenty-one hereof, shall be final as to the rejection of aliens affected with tuberculosis in any form or with a loathsome or dangerous contagious disease, or with any mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under section three of this act. Sec. 18. That all aliens brought to this country in violation of law shall be immediately sent back, in accommodations of the same class in which they arrived, to the country whence they respectively came, on the vessels bringing them, unless in the opinion or the Secretary of Labor immediate deportation is not practicable or proper. The ^For detailed provisions regarding boards, see Rule 15. * For procedure under this proyiBion» see Rule 17. IMMIGEATION lAWS. 19 cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came. That it shall be unlawful for any master, purser, person in charge, agent, owner, or consignee of any such vessel to reruse to receive back on board thereof, or on board of any other vessel owned or operated by the same interests, such aliens ; or to fail to detain them thereon ; or to refuse or fail to return them in the manner aforesaid to the foreign port from which they came; or to fail to pay the cost of their maintenance while on land ; or to make any charge for the return of any such alien, or to take any securitv for the payment of such charge; or to take any consideration to be returned in case the alien is landed; or knowingly to bring to the United States at any time within one year from the date of deportation any alien rejected or arrested and deported under any provision of this act, unless prior to reembarkation the Secre- tary of Labor has consented that such alien shall reapply for admis- sion, as required by section three hereof; and if it shall appear to the satisfaction of the Secretary of Labor that such master, purser, per- son in charge, agent, owner, or consignee has violated any of the fore- going provisions, or any of the provisions of section fifteen hereof, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs of the district in which the port of arrival is located, or in which any vessel of the line may be found, the sum of $300 for each and every violation of any provision of said sections: and no vessel shall have clearance from any port of the United States while any such fine is unpaid, nor shall such fine be re- mitted or refunded : * Provided^ That clearance may be granted prior to the determination of such question upon the deposit with the col- lector of customs of a sum sufficient to cover such fine. If the vessel by which any alien ordered deported came has left the United States and it is impracticable for any reason to deport the alien within a reasonable time by another vessel owned by the same interests, the cost of deportation may be paid by the Government and recovered by civil suit from any agent, owner, or consimee of the vessel : Provided fy/rther^ That the Commissioner General of Immigration, with the approval of the Secretary of Labor, may suspend, upon conditions to be prescribed by the Commissioner General of Immigration, the de- portation of any aliens found to have come in violation of any pro- vision of this act if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecu- tion of offenders against any provision of this act or other laws of the United States; ^ and the cost of maintenance of any person so de- tained resulting from such suspension of deportation, and a witness fee in the sum of $1 per day for each day such person is so detained, may be paid from the appropriation for the enforcement of this act, or such alien may be released under bond, in the penalty of not less than $500, with security approved by the Secretary of Labor, condi- tioned that such alien shall be produced when required as a witness and for deportation. No alien certified, as provided in section six- teen of this act, to be suffering from tuberculosis in any form, or from a loathsome or dangerous contagious disease other than one of quarantinable nature, shall be permitted to land for medical treat- 1"^ I - '■ ■'- ■■— ^^^^^'^ I I ■ . ■ ■ » ■■ ■- — I I ■■■ ■ - ■ I ..Ml 111 ■ M ^P^^^M^ llll .■■Ml II ^ ^For method of enforcing, see Rule 28. "See Rule 25. 18 IMMIGRATION lAWS. lenge shall operate to take the alien whose right to land is so chal- lenged before a board of special inquiry for its investigation. DEC. 17.* That boards of special inquiry shall be appointed by the commissioner of immigration or inspector in charge at the various ports of arrival as may be necessary for the prompt determination of all cases of immigrants detained at such portis unoer the provisions of the law. Each board shall consist of three members, who shall be selected from such of the immigrant officials in the service as the Commissioner General of Immigration, with the approval of the Secretary of Labor, shall from time to time designate as qualified to serve on such boards. When in the opinion of the Secretary of Labor the maintenance of a permanent board of special inquiry for service at any sea or land border port is not warranted, regularly constituted boards may be detailed from other stations for temporary service at such port, or, if that be impracticable, the Secretary of Labor shall authorize the creation of boards of special inquiry by the immigra- tion officials in charge at such ports, and shall determine what Gov- ernment officials or other persons shall be eligible for service on such boards. Such boards shall have authority to determine whether an alien who has been duly held shall be allowed to land or shall be deported. All hearings before such boards shall be separate and apart from the public, but the immigrant may have one friend or relative present under such regulations as may be prescribed by the Secretary of Labor. Such boards shall keep a complete permanent record of their proceedings and of all sucn testimony as may be produced before them; and the decisions of any two members of the board shall prevail, but either the alien or any dissenting member of the said board may appeal through the commissioner of unmigration at the port of arrival and the Commissioner General of Immigration to the Secretary of Labor, and the taking of such appeal shall operate to stay any action in regard to the final disposal oi any alien whose case is so appealed until the receipt by the commissioner of immigra- tion at the port of arrival of such decision which shall be rendered solely upon the evidence adduced before the board of special inquiry .^ In every case where an alien is excluded from admission into the United States, under any law or treaty now existing or hereafter made, the decision of a board of special mquiry adverse to the admis- sion of such alien shall be final, unless reversed on appeal to the Secretary of Labor : Provided^ That the decision of a board of spe- cial inquiry shall be based upon the certificate of the examining medi- cal officer and, except as provided in section twenty-one hereoi, shall be final as to the rejection of aliens affected with tuberculosis in any form or with a loathsome or dangerous contagious disease, or witn any mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under section three of this act. Sec. 18. That all aliens brought to this country in violation of law shall be immediately sent back, in accommodations of the same class in which they arrived, to the country whence they respectively came, on the vessels bringing them, unless in the opinion or the Secretary of Labor immediate deportation is not practicable or proper. The ^For detailed provisions regarding boards, see Rule 15. *For procedure under this proylBion, see Rule 17. IMMIGEATION LAWS. 19 cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came. That it shall be unlawful for any master, purser, person in charge, agent, owner, or consignee of any such vessel to refuse to receive back on board thereof, or on board of any other vessel owned or operated by the same interests, such aliens ; or to fail to detain them thereon ; or to refuse or fail to return them in the manner aforesaid to the foreign port from which they came; or to fail to pay the cost of their maintenance while on land ; or to make any charge for the return of any such alien, or to take any security for the payment of such charge; or to take any consideration to be returned in case the alien is landed; or knowingly to bring to the United States at any time within one year from the date of deportation any alien rejected or arrested and deported under any provision of this act, unless prior to reembarkatidn the Secre- tary of Labor has consented that such alien shall reapply for admis- sion, as required by section three hereof: and if it shall appear to the satisfaction of the Secretary of Labor tnat such master, purser, per- son in charge, agent, owner, or consignee has violated any of the fore- going provisions, or any of the provisions of section fifteen hereof, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs of the district in which the port of arrival is located, or in which any vessel of the line may be found, the sum of $300 for each and every violation of any provision of said sections; and no vessel shall have clearance from any port of the United States while any such fine is unpaid, nor shall such fine be re- mitted or refunded : * Provided^ That clearance may be granted prior to the determination of such question upon the deposit with the col- lector of customs of a sum sufficient to cover such fine. If the vessel by which any alien ordered deported came has left the United States and it is impracticable for any reason to deport the alien within a reasonable time by another vessel owned by the same interests, the cost of deportation may be paid by the Government and recovered by civil suit from any agent, owner, or consignee of the vessel : Provided jwrther^ That the Commissioner General of Immigration, with the approval of the Secretary of Labor, may suspend, upon conditions to be prescribed by the Commissioner General of Immigration, the de- portation of any aliens found to have come in violation of any pro- vision of this act if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecu- tion of offenders against any provision of this act or other laws of the United States; ^ and the cost of maintenance of any person so de- tained resulting from such suspension of deportation, and a witness fee in the sum of $1 per day for each day such person is so detained, may be paid from the appropriation for the enforcement of this act, or such alien may be released under bond, in the penalty of not less than $500, with security approved by the Secretary of Labor, condi- tioned that such alien shall be produced when recjuired as a witness and for deportation. No alien certified, as provided in section six- teen of this act, to be suffering from tuberculosis in any form, or from a loathsome or dangerous contagious disease other than one of quarantinable nature, shall be permitted to land for medical treat- ^For method of enforcing, see Rule 28. "See Rule 25. 22 IMMIGRATION LAWS. barked for such territory ; or, if such alibis entered foreign con- tiguous territory from the United States and later entered the United States, or if such aliens are held by the country from which they entered the United States not to be subjects or citizens of such country, and such country refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects or citizens, or to the coimtry in which they resided prior to entering the country from which they entered the United States. If deportation proceedings are instituted at any time within five years after the entry of the alien, such deportation, in- cluding one-half of the entire cost of removal to the port of deporta- tion, dball be at the expense of the contractor, procurer, or other person by whom the alien was unlawfully induced to enter the United States, or, if that can not be done, then the cost of removal to the port of deportation shall be at the expense of the appropria- tion for the enforcement of this act, and the deportation irom such port shall be at the expense of the owner or owners of such vessels or transportation line by which such aliens respectively^ came, or, if that is not practicable, at the expense of the appropriation for the enforcement of this act. If deportation proceedings are instituted later than five years after the entry of the alien, or, if the deporta- tion is made by reason of causes arising subsequent to entry, the cost thereof shall lie payable from the appropriation for the enforcement of this act. A failure or refusal on the part of the masters, agents, owners, or consignees of vessels to comply with the order of the Sec- retary of Labor to take on board, guard safely, and transport to the destination specified any alien ordered to be deported under the pro; visions of this act shall be punished by the imposition of the penal- ties prescribed in section eighteen of this act : ^ Provided^ That when in the opinion of the Secretary of Labor the mental or physical con- dition of such alien is such as to require personal care and attend- ance, the said Secretary shall when necessary employ a suitable per- son lor that purpose, who shall accompany such alien to his or her final destination, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accom- panied alien is defrayed.^ Pending the final disposal oi the case of any alien so taken into custody, he may be released under a bond in the penalty of not less than $B00 with security aproved by the Sec- retary of Labor, conditioned that such alien shall be produced when required for a hearing or hearings in regard to the charge upon which he has been taken into custody, and for deportation if he shall be found to be unlawfully within the United States. Sec. 21.^ That any alien liable to be excluded because likely to become a public charge or because of physical disability other than tuberculosis in any form or a loathsome or dangerous contagious disease may, if otherwise admissible, nevertheless be admitted in the discretion of the Secretary of Labor upon the giving of a suitable and proper bond or undertaking, approved by said Secretary, in such amount and containing such conditions as he may prescribe, to the United States and to all States, Territories, counties, towns, municipalities, and districts thereof, holding the United States and II-. . — — — -^ 1 See Rule 28. « See Rule 23. * For method of enforcing provisions of this section, see Rule 17. immigbahok laws. 23 all States, Territories, counties, towns, municipalities^ and districts thereof harmless against such alien becoming a public charge. In lieu of such bond, such alien may deposit in cash with the Secretary of Labor such amount as the Secretary of Labor may require, which amount shall be deposited by said Secretary in the United States Postal Savings Bank, a receipt therefor to tie given the person fur- nishing said sum showing the fact and object of its receipt and such other mf ormation as said Secretary may deem advisable. All accru- ing interest on said deposit during the time same shall be held in the United States Postal Savings Bank shall be paid to the person fur- nishing the siun for depoat. In the event of such alien becoming a public charge, the Secretary of Labor shall dispose of said deposit m the same manner as if same had been collected under a bond as ?Tovided in this section. In the event of the permanent departure rom the United States, the naturalization, or the death of such alien, the said sum shall be returned to the person by whom fur- nished, or to his legal representatives. The admission of such alien shall be a consideration for the giving of such bond, undertaking, or cash deposit. Suit may be brought thereon in the name and by the proper law officers either of the United States Government or of any State, Territory, District, county, town, or municipality in which such alien becomes a public charge. Sec. 22.^ That whenever an auen shall have^ been naturalized or shall have taken up his permanent residence in this country, and thereafter shall send for his wife or minor children to join him, and said wife or any of said minor children shall be found to be affected with any contagious disorder, such wife or minor children shall be held, under such regulations as the Secretary of Labor shall pre- scribe, until it shall be determined whether the disorder will be easily curable or whether they can be permitted to land without danger to other persons; and they shall not be either admitted or deported until such facts have been ascertained ; and if it shall be determined that the disorder is easilj^ curable and the husband or father or other responsible person is willing to bear the expense of the treatment, they may be accorded treatment in hospital until cured and then be admitted, or if it shall be determined that they can be permitted to land without danger to other persons, they may, if otherwise admis- sible, thereupon be admitted : Provided^ That if the person sending for wife or minor children is naturalized, a wife to whom married or a minor child born subsequent to such husband or father's naturalization shall be admitted without detention for treatment in hospital, and with respect to a wife to whom married or a minor child born prior to such husband or father's naturalization the provisions or this section shall be observed, even though such person IS unable to pay the expense of treatment, in which case the expense shall be paid from the appropriation for the enforcement of this act. Sec. 23. That the Commissioner General of Immigration shall per- form all his duties under the direction of the Secretary of Labor. Under such direction he shall have charge of the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all officers, clerks, and employees appointed thereunder; he shall establish such - . 4 For method of enforcing, see Rule 19. 24 ^ IMMIQBATION LAWS. rules and regulations, prescribe such forms of bond, reports, entries, and other papers, ana shall issue from time to time such instructions not inconsistent with law, as he shall deem best calculated for carry- ing out the provisions of this act and for protecting the United States and auens migrating thereto from fraud and loss, and shall have authority to enter into contract for the support and relief of such aliens as may fall into distress or need public aid, and to remove to their native country, at anj time within three years after entry, at the expense of the appropriations for the enforcement of this act, ^ such as fall into distress or need public aid from causes arising sub- ' sequent to their entry and are desirous of beinff so removed ; he shall prescribe rules for the entry and inspection of aliens coming to the United States from or through Canada and Mexico, so as not un- necessarily to delav, impede, or annoy persons in ordinary travel between the United States and said countries, and shall have power to enter into contracts with transportation lines for the said purpose.^ . It shall be the duty of the Commissioner General of Immigration to detail officers of the Immigration Service from time to time as may be necessary, in his judgment, to secure information as to the number of aliens detained in the penal, reformatory, and charitable institu- tions (public and private) of tne several States and Territories, the District of Columbia, and other territory of the United States, and to inform the officers of such institutions of the provisions of law in relation to the deportation of aliens who have become public charges. He may, with the approval of the Secretary of Labor, whenever in his judgment such action may be necessary to accomplish the pur- poses of this act, detail immigration officers for service in foreign coimtries ; and, upon his request, approved by the Secretary of Labor, the Secretary of the Treasury may detail medical officers of the United States Public Health Service for the performance of duties " in foreign countries in connection with the enforcement of this act. The duties of commissioners of immigration and other immigration officials in charge of districts, ports, or stations shall be of an admin- istrative character, to be prescribed in detail by regulations prepared under the direction or with the approval of the Secretary of Labor : Provided^ That no person, company, or transportation Ime engaged in carrying alien passengers for hire from Canada or Mexico to the United States, whether by land or water, shall be allowed to land any such passengers in the United States without providing suitable and approved landing stations, convenientlv located, at the point or points of entry.* The Commissioner General of Immigration is hereby au- thorized and empowered to prescribe the conditions, not inconsistent with law, under which the above-mentioned landing stations shall be deemed suitable within the meaning of this section. Any person, company, or transportation line landing an alien passenger in the United States without compliance with the requirement nerein set forth shall be deemed to have violated section eight of this act, and upon conviction shall be subject to the penalty therein prescribed: Provided fuHher^ That for the purpose of malang effective the pro- visions of this section relating to the protection of aliens from fraud and loss, and also the provisions of section thirty of this act, relating to the distribution of aliens, the Secretary of Labor shall establish 1 See Bules 12 and 13. IMMIGBATION LAWS. 25 and maintain immigrant stations at such interior places as may be necessary, and, in the discretion of the said Secretary, aliens in transit trom. port/S of landing to such interior stations shall be accom- panied by immigrant inspectors : Provided fvHher^ That in prescrib- ing rules and making contracts for the entry and inspection of aliens applying for admission from or through foreign contiguous territory, due care shall be exercised to avoid any discriminatory action in favor of foreign transportation companies transporting to such terri- tory aliens destined to the United States, and all such transportation companies shall be required, as a condition precedent to the inspection or examination imder such rules and contracts at the ports of such contiguous territory of aliens brought thereto by them, to submit to and comply with all the requirements of this act which would apply were they bringing such aliens directly to seaports of the United States, and, from and after the taking effect of this act, no alien applying for admission from foreign contiguous territorv shall be germitted to enter the United States imless upon proving that he was rought to such territory by a transportation company which had submitted to and complied with all the recjuirements of this act, or that he entered, or has resided in, such territory more than two years prior to the date of his application for admission to the United States. Sec. 24. That immigrant inspectors and other immigration officers, clerks, and employees shall hereafter be appointed and their compen- sation fixed and raised or decreased from time to time by the Sec- retary of Labor, upon the recommendation of the Commissioner General of Immigration and in accordance with the provisions of the civil-service act of January sixteenth, eighteen hundred and eighty-three: Provided^ That said Secretary, in the enforcement of that portion of this act which excludes contract laborers and induced and assisted immigrants, may employ, for such purposes and for detail upon additional service imder this act wh^n not so engaged, without reference to the provisions of the said civil-service act, or to the various acts relative to the compilation of the Official Register, such persons as he may deem advisable and from time to time fix, raise, or decrease their compensation. He may draw annually from the appropriation for the enforcement of this act $100,000, or as much thereof as may be necessary, to be expended for the salaries and expenses of persons so employed and for expenses incident to such employment; and the accounting officers of the Treasury shall pass to the credit of the proper disbursing officer expenditures from said sum without itemized account whenever the Secretary of Labor certifies that an itemized account would not be for the best interests of the Government : Provided further^ That nothing herein contained shall be construed to alter the mode of appointing commissioners of immigration at the several ports of the United States as provided by the sundry civil appropriation act approved August eighteenth, eighteen hundred and ninety-four, or the official status of such com- missioners heretofore appointed. Sec. 25. That the district courts of the United States are hereby invested with full jurisdiction of all causes, civil and criminal, arising imder any of the provisions of this act. That it shall be the duty of the United. States district attorney of the proper district to prosecute every such suit when brought by the United States under this act. Such prosecutions or suits may be instituted at any place in the 26 IMMIGBATION LAWS. United States at which the violation may occur or at which the per- son charged with such violation may be found. That no suit or proceeding for a violation of the provisions of this act shall be set- tled, compromised, or discontinued without the consent of the court in which it is pending, entered of record, with the reasons therefor. Sec. 26. That all exclusive privileges of exchanging money, trans- porting passengers or baggage, or Keeping eating houses, and all other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and capable bidder, after public competition, notice of such competitive bidding having been made in two newspapers of general circulation for a period of two weeks, subject to such conditions and limitations as the Commissioner General of Immigration, imder the direction or with the approval of the Secretary of Labor, may prescribe, and all receipts accruing from the disposal of privileisres shall be paid into the Treasury of the United States. No such contract shall be awarded to an alien. No intoxicating liquors shall be sold at any such immi- gration station. Sec. 27. That for the preservation of the peace and in order that arrests may be made for crimes imder the laws of the States and Territories of the United States where the various immigrant sta- tions are located, the officers in charge of such stations, as occasion may require, shall admit therein the proper State and municipal officers charged with the enforcement of such laws, and for the pur- pose of this section the jurisdiction of such officers and of the local courts shall extend over such stations. Sec. 28. That any person who knowingly aids or assists any an- archist or any person who believes in or advocates the overthrow by force or violence of the Government of the United States, or who disbelieves in or is opposed to organized government, or all forms of law, or who advocates the assassination of public officials, or who is a member of br affiliated with any organization entertaining or teaching disbelief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific indi- viduals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such anarchist or person aforesaid to enter therein, shall be deemed guilty of a felony, and on conviction thereof shall be pun- ished by a fine of not more than $5,000 or by imprisonment for not more than five years, or both. Any person who knowingly aids or assists any alien who advocates or teaches the unlawful destruction of property to enter the United States shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. Sec. 29. That the President of the United States is authorized, in the name of the Government of the United States, to call, in his discretion, an international conference, to assemble at such point as may be agreed upon, or to send special commissioners to any foreign country, for the purpose of regulating by international agreement, IMMIGRATION LAWS. 27 subject to the advice and consent of the Senate of the United States, the immigration of aliens to the United States; of providing for the mental, moral, and physical examination of such aliens by Ameri- can consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foreign Governments in their own territories to prevent the evasion of the laws of the United States governing immigration to the United States; of entering into such international agreements as may be proper to prevent the immigration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulating any matters pertaining to such hnmigration. Sec. 30. That there shall be maintained a division of information in the Bureau of Immigration; and the Secretary of Labor shall provide such clerical and other assistance as may be necessary. It shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and Territories desiring immigration. Correspondence shall be had .with the proper officials of the States and Territories, and said divi- sion shall gather from all available sources useful information re- farding the resources, products, and physical characteristics of each tate and 'Territory, and shall publish such information in different languages and distribute the publications among all admitted aliens at the immigrant stations of the United States and to such other persons as may desire the same. When any State or Territory ap- points and maintains an agent or agents to represent it at any of the immigrant stations of the United States, such agents shall, under regulations prescribed by the Commissioner General of Immigration, subject to the approval of the Secretary of Labor, have access to aliens who have been admitted to the United States for the purpose of presenting, either orally or in writing, the special inducements offered by such State or Territory to aliens to settle therein. While on duty at any immi^ant station such agents shall be subject to all the regulations prescribed by the Commissioner General of Immigra- tion, who, with the approval of the Secretary of Labor, may, for violation of any such regulations, deny to the agent guilty of such violation any of the privileges herein granted. Sec. 31.^ That any person, including the owner, agent, consignee, or master of any vessel arriving in the United States from any foreign port or place, who shall knowingly sign on the ship's articles, or bring to the United States as one of the crew of such vessel, any alien, with intent to permit such alien to land in the United States in violation of the laws and treaties of the United States regulating the immigration of aliens, or who shall falsely and knowingly repre- sent to the immigration authorities at the port of arrival that any such alien is a bona fide member of the crew, shall be liable to a penalty not exceeding $5,000, for which sum the said vessel shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. Sec. 32. That no alien excluded from admission into the United States by any law, convention, or treaty of the United States regu- ^ For method of enforcing secg. 81 and 36, see Rule 10. 28 . IMHIQBATIOK LAWS. latin^ the immigration of aliens, and employed on board any vessel arriving in the United States frcMn any foreign port or place, shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to regulations prescribed by the Sec- retary of Labor provicfing for the ultimate removal or deportation of such alien from the United States, and the negligent &ilure of the owner, agent, consignee, or master of such vessel to detain on board any such alien after nc^ce in writing by the immigration officer in charge at the port of arrival, and to deport such alien^ if required by such immigration officer or by the Secretary of Labor, shall render such owner, agent, consignee, or master liable to a penalty not ex- ceeding $1,000, for which sum the said vessel shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. Sec. 33. That it shall be unlawful and be deemed a violation of the preceding section to pay off or discharge any alien employed onboard any vessel arriving m the United States from any foreign port or Elace, unless duly admitted pursuant to the laws and treaties of the Fnited States regulating the immigration of aliens : Provided^ That in case any such alien mtends to reship on board any o&er vessel bound to any foreign port or place, he diall be allowed to land for the purpose of so reshipping, imder such regulations as the Secre- tary of Labor may prescribe to prevent aliens not admissible under anjr law, convention, or treaty irom remaining permanentljr in the United States, and may be paid off, discharged, and permitted to remove his effects, anything in such laws or treaties or in this act to the contrary notwithstanding, provided due notice of such pro- posed action be given by the master or the seaman himself to the principal immigration omcer in charge at the port of arrival. Sec. 34. That any alien seaman who shall land in a port of the United States contrary to the provisions of this act shall be deemed to be unlawfully in the United States, and shall, at any time within three years thereafter, upon the warrant of the Secretary of Labor, be taken into custody and brought before a board of special inquiry for examination as to his qualifications for admission to the United States, and if not admitted said alien seaman shall be deported at the expense of the appropriation for this act as provided m section twenty of this act. Sec. 35.^ That it shall be unlawful for any vessel carrying passen- gers between a port of the United States and a port of a foreign country, upon arrival in the United States, to have on board em- ploved thereon any alien afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome or dangerous con- tagious disease, if it appears to the satisfaction of the Secretary of Labor, from an examination made by a medical officer of the United States Public Health Service, and is so certified by such officer, that any such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel and that the existence of such afflic- tion might have been detected by means of a competent medical examination at such time; and for every such alien so afflicted on board any such vessel at the .time of arrival the owner, agent, con- signee, or master thereof shall pay to the collector of customs of the 1 For method ot enforcing, see Bole 28. IMMI6BATI0N ULWS. 29 customs district in which the port of arrival is located the sum of $50, and pending departure of the vessel the alien shall be detained and treated in hospital under supervision of immigration officials at the expense of the vessel; and no vessel shall be granted clearance pending the .determination of the question of the liability to the payment of such fine and while it remains impaid: Provided^ That clearance may be granted prior to the determmation of such ques- tion upon the deposit of a sum sufficient to cover such fine: Provided further. That such fine may, in the discretion of the Secretary of Labor, oe mitigated or remitted. Sec. 36.^ That upon arrival of any vessel in the United States from any foreign port or place it shall be the duty of the owner, agent, consignee, or master thereof to deliver to the principal immigration officer in charge of the port of arrival lists containing the names of all aliens employed on such vessel, stating the positions they respec- tively hold m the ship's company, when and where they were respectively shipped or engaged, and specifying those to be paid off and discharged in the port of arrival; or lists containing so much of such information as the Secretary of Labor shall by regulation prescribe ; and after the arrival of any such vessel it shall be the duty of such owner, ag^nt, consignee, or master to report to such immigration officer, in writing, as soon as discovered, all cases in which any such alien has illegally landed from the vessel, giving a description of such alien, together with any information Ekely to lead to his apprehension; and before the departure of any such vessel it shall be the duty of such owner, agent, consignee, or master to deliver to such immigration officer a further list containing the names of all alien employees who were not employed thereon at the time of the arrival but who will leave port thereon at the time of her departure, and also the names of those, if any, who have been paid off and discharged, and of those, if any, who have deserted or landed ; and in case of the failure of such owner, agent, consignee, or master so to deliver either of the said lists of such aliens arriving and departing, respectively,' or so to report such cases of desertion or landing, such owner, agent, consignee, or master shall, if required by the Secretary of Labor, pay to the collector of customs of the customs district in which the port of arrival is located the sum of $10 for each alien concerning whom correct lists are not delivered or a true» report is not made as above required ; and no such vessel shall be granted clearance pending the determination of the question of the liability to the payment of such fine, and, in the event such fine is imposed, while it remains impaid ; nor shall such fine be remit- ted or refunded: Provided^ That clearance maj be granted prior to the determination of such question upon deposit of a sum sufficient to cover such fine. Sec. 37. That the word " person " as used in this act shall be con- strued to import both plural and the singular, as the case may be, and shall include corporations, companies, and associations. When con- struing and enforcing the provisions of this act, the act, omission, or failure of any director, officer, agent, or employee of any corpora- tion, company, or association acting within the scope of his employ- ment or office shall in every case be deemed to be the act, omission, 1 For method of enforcing, see Rule 28. 30 IMMIGRATION LAWS. or failure of such corporation, company, or association, as well as that of the person acting for or in behalf of such corporation, com- pany, or association. Sec. 38. That this act, except as otherwise provided in section three, shall take eflFect and be enforced on and alter May first, nine- teen hundred and seventeen. The act of March twenty-sixth, nine- teen hundred and ten, amending the act of February twentieth, nineteen hundred and seven, to regulate the immigration of aliens into the United States; the act of February twentieth, nineteen hundred and seven, to regulate the inmiigration of aliens into the United States, except section thirty-four thereof; the act of March third, ^nineteen hundred and three, to regulate the immigration of aliens into the United States, except section thirty-four thereof; and all other acts and parts of act inconsistent with this act are hereby repealed on and after the taking effect of this act : Provided^ That this act shall not be construed to repeal, alter, or amend exist- ing laws relating to the immigration or exclusion or Chinese persons or persons of Chinese descent, except as provided in section mneteen hereof, nor to repeal, alter, or amend section six, chapter four hun- dred and fifty-three, third session Fifty-eighth Congress, approved February sixth, nineteen hundred and five, 'nor to repeal, alter, or amend the act approved August second, eighteen hundred and eighty-two, entitled "An act to regulate the carriage of passengers by sea," and amendments thereto, except as provided in section eleven hereof: Provided further^ That nothmg contained in this act shall be construed to affect any prosecution, suit, action, or proceedings brought, or any act, thing, or matter, civil or criminal, done or existing at the time of the taking effect of this act, except as men- tioned m the third proviso of section nineteen hereof; but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters, the laws or parts of laws repealed or amended by this act are hereby continued in force and effect. Champ Clark, SpeaJeer of the House of Representatives. Thos. R. Marshall, Vice President of the United States and President of the Senate. In the House of Representatives OF THE United States, Fehruary 1, 1917. Th^ President of the United States having returned to the House of Representatives, in which it originated, the bill (H. R. 10384) " To regulate the immigration of aliens to, and the residence of aliens in, the United States," with his objections thereto, the House proceeded in pursuance of the Constitution to reconsider the same; and. Resolved, That the said bill pass, two-thirds of the House oi Rep- resentatives agreeing to pass the same. Attest : South Trimble, Clerk. IMMIGRATION LAWS. 31 In the Senate of the United States, February 5, 1917. The Senate havinff proceeded, in pursuance of the Constitution, to reconsider the bill (H. R. 10384) entitled " An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States," returned to the House of Representatives by the President of the United States, with his objections, and sent by the House of Representatives to the Senate with the message oi the President returning the bill. Resolved, That the bill do pass, two-thirds of the Senate agreeing to pass the same. Attest : James M. Baker, Secretary, ACT APPBOTED OOTOBEB 1«, 1918. Be it enacted iy the Senate and House of Representati/ves of the ZJnited States of America in Congress assembled^ That aliens who are anarchists; aliens who believe in or advocate the overthrow bv force or violence of the Government of the United States or of all forms of law ; aliens who disbelieve in or are opposed to all organized government; aliens who advocate or teach the assassination of public officials; aliens who advocate or teach the unlawful destruction of property ; aliens who are members of or affiliated with any organiza- tion that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized govern- ment, because of his or their official character, or that advocates or teaches the unlawful destruction of property shall be excluded from admission into the United States. Sec. 2. That any alien who, at any time after entering the United States, is found to have been at the time of entry, or to have become thereafter, a member of any one of the classes of aliens enumerated in section one of this act, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported in the manner provided in the immigration act of February fifth, nineteen hundred and seven- teen. The provisions of this section shall be applicable to the classes of aliens mentioned in this act irrespective of the time of their entry into the United States. Sec. 3. That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this act, thereafter return to or enter the United States or attempt to return to or to enter the United States shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprison- ment for a term of not more than five years ; and shall, upon the termi- nation of such imprisonment, be taken into custody, upon the warrant of the Secretary of Labor, and deported in the manner provided in the immigration act of February fifth, nineteen hundred and seven- teen. Approved October 16, 1918. 32 IMMIGEATION BULES. JOINT RESOLUTION OF OOTOBEB 19» 1918. Joint Resolution Authorizing tlie readmission to tlie United States of certain aliens who have been conscripted or have volunteered for service with the military forces of the United States or cobelligerent forces. Resolved hy the Senate and House of Representatives of the United States of America in Congress assembled^ That, notwithstanding the provisions of section three of the immigration Act of February fifth, nineteen hundred and seventeen, excluding from the United States aliens who are likely to become a public charge, or who are physically defective, or who are contract laborers, or who have come in conse- quence or advertisements for labor printed, published, or distributed in a foreign country, or who are assisted by others to come, or whose ticket or passage is paid for with the money of another, or by any corporation, association, society, municipality, or foreign govern- ment, or who are stowaways, or who are illiterate, aliens lawfully resident in the United States when heretofore or hereafter enlisted or conscripted for the military or naval service of the United States, or of any one of the nations cobelligerent of the United States in the present war; and aliens lawfully resident in the United States who have enlisted for service with Czecho-Slovak, Polish, or other inde- pendent forces attached to the United States Army or to the army or navy of any one of the cobelligerents of the Umted States in the present war, who may during or within one year after the termination of the war apply for readmission to this country, after being honor- ably discharged or granted furlough abroad by the proper military or naval authorities, or after being rejected on final examination in connection with their enlistment or conscription shall, within two years after the termination of the war, be readmitted ; and that any alien of either of the foregoing descriptions who would otherwise lie excluded under said section of the immigration Act on the ground that he is idiotic, imbecile, feeble-minded, epileptic, insane, or has had one or more attacks of insanity, or on the ground that he is aflSicted with constitutional psychopathic inferiority, tuberculosis, a loathsome or dangerous contagious disease, or mental defect, shall be readmitted if it is proved that the disability was acquired while the alien was serving m the military or naval forces of the United States or of any one of the nations cobelligerent of the United States in the present war or in an independent force of the kind herein- before described, if such alien returns to a port of the United States within two years after the termination of the war; and that the head tax provided in the immigration Act of February fifth, nineteen hundred and seventeen, shall not be collected from aliens readmitted in to the United States under the provisions of this resolution. Approved October 19, 1918. M THE UNITED STATES* WITH GEBTAIN EXCEPTIONS. lot JndiKled in barred Booe.) to**» N O B T H PA C I F IC .». * 4 1' • LKWa •Mm^mI OCEAN Wakul, %1i«M^f Brow^Groi •• - * • .». MAASHAL ^^OtlNE*"l9V*^^' #KBMi»I Jidu^ ^^ 'S^tA.catrt It «&ik^ IMMIGRATION RULES OP MAY 1, 1917. SCOPB OF THE LAW. The act entitled "An act to regulate the immigration of aliens to, and the residence of aliens in, the United States," passed February 5, 1917, is the immigration act or law referred to in the following rules.^ It applies to and is to be enforced in every part of the United States and every place possessed by the United States except the Isthmian Canal Zone. It is enforced by the Bureau of Immigration and the Immigration Service in every such place except the Philip- pine Islands, where it is enforced by the "oflScers of the general government thereof." But under the provisions of the act persons who are not citizens of the United States, or citizens of the insular possessions, coming from the insular possessions to the mainland or proceeding from one insular possession to another, must undergo examination under each and every provision of the act. Hawaii is a Territory, not an insular possession. For the purposes of the act citizens of islands under the jurisdic- tion of the X^Wted States are regarded as though citizens of the United States; all other persons who are not native bom or natural- ized citizens of this country, except untaxed United States Indians, are aliens imder the terms of the act. (Sec. 1.) Role 1. COLLECTION OF HEAD TAX.' Subdivision 1. Notice to collector. — ^Upon the arrival of aliens at a seaport of the United States or at any designated port of entry on the Mexican border,* the immigration oflScer there in charge shall certify to the collector of customs the number of such aliens other than those described in subdivision 3 hereof, together with the name of the transportation agent or other person responsible for the pay- ment of head tax due in respect of them, and shall specify : {a) How many of said aliens have been held for special inauiry; (&) How many, other than such as are covered by paragrapn {g) of subdivision 3 hereof, claim to enter for the purpose of passing in transit through the United States;* {c) How many make unsupported claims to American citizen- ship; ^ All numbered sections mentioned in the rules refer to those of said act unless stated to the contrary. 'With respect to collection of head tax on account of aliens coming from or through Canada, see also Rule 12. See subd. 7, Rule 27. 40 IMMIGBATION BXJLES. applicant's admissibility shall be deferred meanwhile, and the ex- penses of detention shall be borne in the manner prescribed in sec- tion 15. SuBD. 7. Proof of exemption. — Clear and convincing proof of claims of exemption from the illiteracy test shall be required in every instance. When relationship by adoption is asserted, nothing less shall be accepted as sufficient proof than a certificate from an official who is shown by a notation placed thereon by a United States diplo- matic or consular officer to be in charge of the records involved. The certificate must establish that the claimed adoption occurred while the alien was still a minor and in accordance with the laws of the country where such certificate is issued. When the relationship of husband and wife is asserted, unless the two parties arrive together, so the testimony of each can be taken and compared with that of the other, a certificate of marriage or other convincing proof of the per- formance of the ceremony shall be exacted. Role 5. ACCOBIPANTING ALIENS. Subdivision 1. Rejection. — Under the last proviso to section 18, if an alien who is certified to He helpless from sickness, mental or physical disability, or infancy is accompanied by another, the accom- panying alien may be rejected and deported as protector or guardian of the helpless alien. SuBD. 2. Detention imtU case of aocompumed (dien decided. — ^When in the opinion of the appropriate immigration officials an alien likely to be rejected as helpless under the la5; proviso of section 18 is ac- companied by one or more aliens whose protection or guardianship in the event of alien's rejection will be required, one of such accom- panying aliens (preferably a relative or natural guardian) shall be detained and the determination of his case may be postponed pending decision of the case of the alien whom he accompanies. SuBD. 3. Statics after deportation. — ^If an alien is rejected and deported solely because his protection or guardianship is required by an accompanied alien^ he shall not be regarded as belonging to the class excluded by section 3 on the ground that he had been deported previously.^ Role 6. CHILDREN UNDER 16, UNACCOBIPANIED. Subdivision 1. Special methods of Jiandling cases of. — {a) All chil- dren under 16 unaccompanied by either parent shall be held for special inquiry unless a parent already within the United States appears in person with satisfactory evidence of relationship and re- sponsibility. If the board finds (1) that they are strong and healthy, (2^ that while abroad they have not been the objects of public charity, (3) that they are going to close relatives who are able and willing to support and properly care for them, (4) that it is the intention of such relatives to send them to day school until they are 16, and (5) that they will not be put at work unsuited to their years, the board may admit. The board shall admit when it is satisfactorily shown that an otherwise admissible child is going to one or both of its parents. Where the board finds the five above-mentioned facts do not 1 See subd. 13, Rule 17. IMMIGBATION RULES. 41 exist but that the case is otherwise especially meritorious, it shall so report orally or in writing to the officer in charge and defer final action until such officer personally has inspected the child. If in his jud^ent the child shoidd be admitted, he shall so state to the board (this fact being entered of record), which thereupon may admit When in the opmion of such officer the child is not clearly admissible, the board shall exclude and give notice of the right of appeal. Ir thereafter an appeal be filed, the case shall be forwarded with the recommendation either for (1) admission outright, (2) admission on bond or cash deposit, or (3) exclusion.^ (&) At ports where there is no permanent board of special inquiry the immigration official in charge, upon a personal inspection of sucn children and those accompanying them, may admit, without exami- nation by a board, otherwise admissible unaccompanied children who he is satisfied will not be put at work unsuited to their years, if he is also satisfied beyond a reasonable doubt (1) that the fiye facts enumerated in the above paragraph exist, or (2) that the child is to attend a designated reputable institution oi learning, for which suitable provision has been made in advance, or (3) that the child is merely in transit, and the person by whom accompanied will convej him through and out of the United States, or (4) that the child is to make a temporary visit to close relatives. SuBD. 2. Status after devortation. — ^If an alien deported solely on the ground of being "imaer 16 unaccompanied" reapplies for ad- mission within one year thereafter and is then over 16 or accom- Eanied, he shall not be regarded as belonging to the class excluded y section 3 on the ground of previous deportation.^ Role 7. STOWAWAYS. Aliens arriving at seaports of the United States as " stowaways " or alien "stowaways" who arrive as ** workaways" shall be held for examination by a board of special inquiry. Unless the board reaches the unanimous conclusion that beyond a doubt the alien, except for being or having been a stowaway, is entitled to land, it shall exclude. Appeal shall be allowed in such a case unless some mandatory reason lor exclusion is found to exist. . Rale 8. GEOGRAPHICALLT EXCLUDED ORIENTAL ALIENS. Subdivision 1. Who are excluded. — ^Aliens who are natives of the islands or of the territory of the continent of Asia lying between the meridians and parallels specified in section 3 and shown by heavy black lines on the map appended to these rules are excluded from the United States. Sued. 2. Exemptions. — ^These fall into the two following classes: (a) Those "otherwise provided for by existing treaties," which includes natives of so much of any country with which the United ^Wben a child under 16 is destined to a parent but nevertheless is found inadmissible, rejection should not be upon the nround that the alien is unaccompanied, but upon some statutory eround that suostantially exists. *See subd. 13, Rule 17. 42 IMMIGRATION BULBS. States has a treaty affecting immigration as lies between the speci- fied meridians and paraUels, and no others ; ' (b) Those of the status or occupations specifically enumerated in the exception to the geographical exclusion clause of section 3. SuBD. 3. Proof of exemptions. — ^Natives of the geographically de- fined territory who claim exemption on the ground that they are of a status or occupation mention^ in the exceptions to the geographi- cal excluding clause shall present in support of such a claim evid^ice procured in the place of their domicile showing what their status or occupation has been during at least the two preceeding years. Such evidence must be of a convincing nature, and its authenticity shall be attested by the consular officer of the United States located near- est such place of domicile. Proof that an applicant is the wife, or the child imder 16 years of age, of a person belonging to the classes exempted by reason of status or occupation may be in any form preferred or convenient, but must be of a convincing character. Bide ». ALIENS IN TRANSIT.* Subdivision 1. Examination under law. — ^Every alien seeking a landing for the purpose of proceeding directly through the United States to a foreign country shall be examined, and, if found to be a member of any one of the excluded classes (except illiterates) , shall be refused permission to land, in the same maimer as though he intended to remain in the United States.* Cases where a refusal of the privilege would entail exceptional hardship may be reported to the bureau for a special ruling. SuBD. 2. Illiterates. — (a) Auens in transit across the United States are exempted " from the operation of the illiteracy test" (sec. 3)— not necessarily from examination under the test. If such aliens arrive at a seaport of the United States traveling in groups, or are grouped by the transportation companies after arrival at such a port, their examination under the law shall not include subjecting them to the illiteracy test, provided an arrangement of the kind hereinafter specified is made between the transportation company by which brought and the connecting transportation line or lines, imder which such transit aliens will be accompanied through and out of the United States by an immigration official. Unless transit aliens other than those just described are obviously literate,* they shall be subjected to the illiteracy test; and if it is thereby foimd that they are illiterate within the meaning of such test, they shall not be granted the transit privilege unless they are attached to groups of transits passing through the country in the manner specified or an arrangement of substantially similar character is made in individual ^The treaty, laws, and rales governing the admission of Chinese. are published in a separate departmental pamphlet. ^ The transit of Chinese is regulated by Rule 17 of the Chinese Rules of May 1, 1917. 'Often somewhat different considerations enter into the decision of transit cases than exist in cases of applicants for admission. For instance, aliens who might be deemed inadmissible to the tTnited States as likely to become public charges or physically defective might nevertheless be acceptable to the immigration officials of Canada, and therefore with propriety might be allowed to proceed in transit to that country. * On account of aliens found to be literate, who are granted the transit privilege without being grouped in the manner described in this rule, deposit of head tax is required. (See Bubd. 1 (b) and subd. 2, Rule 1). IMMIGRATION RULES. 48 (b) Groups of transit aliens, made up in the manner above in- dicatedj shaU be permitted, if otherwise admissible, to travel through the Umted States, whether literate or illiterate, provided the trans- gortation company by. which they are brought to a port of the United tates arranges with the transportation company or companies by which they are to be transported throurfi and out of the United States that the aliens shall be under sufficient surveillance during the entire time that they are within the limits of the United States to insure that they will not leave the train, vessel, or other vehicle of conveyance during such time, such surveillance to include the con- veying with the transit aliens of one immigration official for each group of 60 or less aliens. The transportation companies shall furnish transportation to the immigration official who accompanies each group ; all other traveling expenses of such official shall be borne by the department. The immigration officials in charge and steamship and railway lines shall cooperate to the fullest extent practicable in the grouping of the transit aliens, and each group accompanied shall contain a reasonable number of persons, all attendant circumstances considered.^ ]tel« If. SBAMEN. Subdivision 1. Who are seamen. — (a) "The term ^seaman' as used in this act shall include every person signed on the ship's ar- ticles and employed in any capacity on board any vessel arriving in the United States from any foreign port or place" (sec. 1). In the seamen sections (sees. 31-36) the terms " member of the crew," " alien employed on board," " alien seaman," and " alien employee " are used as synonymous with the word " seaman " as defined in the act. Wherever such words or terms are used in this rule or in the immigration act they shall have the meaning above given. Only aliens who come within such definition shall be treated m the special manner herein specified. The cases of all others shall be handled in accordance with the general requirements of the unmigration act and of other immigration rules herewith promulgated or in accordance with the treaty, laws, and rules governing the admission of Chinese. (6) "Arrivmg in the United States from any foreign port or place " means arriving in the *' United States^ and any waters, terri- tory, or other place subject to the jurisdiction thereof, except the Istnmian Canal Zone," from any port or place in a f orei^ country, in the Canal Zone, or in any insular possession of the United States (sees. 1, 19, and 31-36 of the immigration act ; sec. 1 of the Chinese- exclusion act of April 29, 1902, as amended by sec. 5 of the deficiency act of April 27, 1904) or, in cases of Chinese persons or persons of Chinese descent, in the^ Territory of Hawaii (last mentioned act and joint resolution of July 7, 1898). In the expression "reship foreign" and similar expressions used in this rule, the word "foreign" includes the insular possessions and the Canal Zone in all cases and also Hawaii in Cninese cases. Sued. 2. Collection of head tax. — (a) The head tax shall be col- lected on " alien seamen regularly admitted as provided in this act." (Sec. 2.) If the seaman shall be discharged in a United States port 1 On account of aliens In transit through the United States under this arrangement the deposit of head tax is not required. (See subd. 8 (^), Bule 1.) 44 IMMIGRATION RULES. by the master or any other officer of the vessel " bringing such alien to the United States," and thereupon shall be regularly admitted, the tax shall be paid by the " master, agent, owner, or consignee of the vessel " or " transportation line " responsible under section 2. (6) If the seaman lands without being discharged and voluntarily applies to the immigration officials for examination, or is appre- hended after entering without inspection and examined, and as a consequence of either examination is admitted, the seaman shall be required to pay the tax himself as a condition precedent to his regu- lar admission. But the same exception that applies to alien pas- sengers from the insular possessions shall apply to cases arising here- under.^ (c) "Kegularly admitted" means admitted with intention not to reship foreign and in accordance with the terms of this rule. Sued. 3. Listing^ registering^ and identifying. — {a) Arriving and departing seamen shall be listed on the blank forms provided for that purpose by the department,^ in accordance with the terms of section 36. When an arriving seaman is a " workaway " a notation to that effect should be made upon the list. (&) Clearance shall not be panted any vessel until the lists required by section 36 have been furnished, and not then unless notice of lia- bility to the administrative fine prescribed by said section or to that prescribed by section 35 having been served, the deposit specified in Kule 28 (subd. 2) has been made. {c) The notice required by section 36 to be furnished regarding any alien who may have " illegally landed " while the vessel has been in port should consist of a letter reporting the fact • and giving the name, nationality, and description of the alien and "any informa- tion " within the knowledge of the master or officers of the ship or transportation line " likely to lead to his apprehension." " Illegally landed " means landed in any manner other than that prescribed in this rule. {d) When a vessel calls at several United States ports the list of arriving seamen required by section 36 shall be delivered to the im- migration officialin charge at the port of arrival, who will give his receipt therefor to the master; the report of the illegal landings required by said section shall be made to the inuniffration official m charge at the port of arrival or call where the illegad landing occurs ; and the list of departing, deserted, and landed seamen required by said section shall be delivered to the immigration official in charge at the final port of call, i. e., the port from which the vessel departs sailing foreign. The immigration official in charge at any port of call or final clearance foreign shall promptly notify the immigration official in charge at the port of initial entry (where the incoming crew list is filed) of any and all changes occurring in the crew of any vessel subsequent to departure from such initial port of arrival ; and such report shall be filed with the crew list to which it refers. {e) K card register of arriving seamen shall be prepared and kept in the following manner: Masters or other officers or vessels in the foreign trade shall furnish each alien seaman in their employ with ^ See subd. 3 (i) and subd. 4, Rule 1. *Form 680 for arriving; Form 689 for departlnf. •Form 689. IMMIGRATION BULES. 45 a card^ containing his name, age at date of issue, nationality, per- sonal description, and his photograph. A duplicate of said card shall be furnished by the master or other officer to the immigration officials. The latter, on the first occasion when the seaman is examined, shall complete the card and duplicate by signing his name along the mar- gin of the photograph, partly thereon and partly on the card itself, and by having the seaman do likewise. Also, the examining immigra- tion official ^all indicate on the original and duplicate cards the status of the seaman under the law, as provided in subdivision 6 hereof. The original of the card, after being so completed, shall be delivered to the seaman ; the duplicate shall oe filed and properly in- dexed for future reference. Upon reasonable proof of loss or destruc- tion of the original^ or upon the surrender of the original when it be- comes worn or mutilated, a copy of the card shall be furnished to any seaman who at the time of making the application still occupies a lawful status as seaman. Such application may be made directly bv the seaman to the imnngration officer in charge at any port, or through the master or other ofllcer of a vessel by which the seaman rearrives in a United States port to an examining immigration official, in the latter event the card being filled out by the master or other officer as though an original and a note attached showing that it is, a reissue. (/) No seaman shall be allowed by an immigrant inspector to land from a vessel, either temporarily or permanently, without being registered in tAe foregoing manner and ifumished with an identifica- tion card, unless he presents such a card showing that he already has been registered. If any owner, agent, consignee, or master of a vessel pays off or discharges or fails to retain on board any alien who has not been given the inspection required bv this rule, such vessel thereby becomes liable to prosecution for the penalty prescribed by sections 32 and 33, and steps to that end shall be taken at once by the immigration official in charge. Sued. 4. Medical examination. — (a) All alien seamen arriving in ports of the United States shall be medically examined, as far as practicable, aboard ship each time they arrive. Such examination ^all be similar to that made in the cases of alien passengers. (6) If any such seaman shall be found, as the result of examina- tion on board or elsewhere, to be. afflicted with any mental defect or physical disease or affection which by operation of the certificate alone places him within any class of aliens mandatorily excluded by section 3, he shall be so certified, and shall be allowed to appeal to a board of surgeons, and, in mental cases, to introduce an expert witness of his own choice before such board, if he so desires,^ the time and place of the convening of the board to be fixed by the medical officer in charge. {c) The certificate, if issued aboard ship, shall be delivered to ttie immigration officer in charge of the examination of the seamen of the vessel involved, who shall promptly, for and in the name of the immi- ^ation officer in charge at the port, notify the master or other respon- sible officer of the vessel * that the alien must be detained on board in accordance with section 32 or placed in hospital in accordance with said section or section 35 and subdivision 5 hereof, as the certificate may indicate is advisable or the circumstances may demand, unless arrangements with the immigration official in charge shall be made by * Form 685. > See sec. 16, notice to detain on board. • Form 681. 46 IMMIGRATION BT7LES. the master or other officer of the vessel or transportation company for detention in an immigration station at the expense of the vessel or company ; if the certfficate is rendered after removal of the seaman from the vessel, the immigration officer in charge shall proceed as above indicated. (d) If the medical officer is unable for any reason to complete the medical examination aboard ship and so reports to the immigration officer in charge of the examination of the seamen of the vessel in- volved, such officer shall direct that the seaman be removed to the immigration station (or other aj)propriate similar place) for observa- tion and further medical examination, serving upon the master or other responsible officer of the vessel a notice to that effect.^ The ex- pense involved in such removal and detention shall be borne by the owner, agent, consignee, or master of the vessel involved. SuBD. 5. Exclusion wild hospital tredtment of Tnentally or physi- cally afflicted. — No seaman afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome contagious or dan- gerous contagious disease shall be permitted to land permanently in a port of the United States, and a seaman so afflicted shall be per- mitted to land temporarily only in the event that he is entitled to receive, or the circumstances are such as to require for humane or sanitary reasons that he shall be afforded, treatment in either a pub- lic-health or other hospital. (Sees. ^2 and 35.) If a certificate re- quiring the vessel to be fined is issued m accordance with section 35, the seaman shall be detained and treated in hospital designated by the immigration official in charge "at the expense of the vessel." If such a certificate is not rendered, or the case is not covered by sec- tion 35, arrangements shall be made for the treatment of the seaman in a marine hospital or in a contract hospital of the Public Health Service; the expense to be borne by the marine hospital fund in the cases of those who are " beneficiaries " of such fund,^ and to be guar- anteed and paid, and the payment enforced, in accordance with the regulations of the Public Health Service in the cases of those em- ployed on f orei^ vessels.^ If an affiicted seaman shall be cured of any other disability than insanitj before deportation becomes prac- ticable, he shall be accorded the inspection prescribed in subdivision 6 hereof. SuBD. 6. Primary immigration inspection, — {a) In addition to the medical examination which^ together with its results, is described in the two preceding subdivisions, all seamen arriving in ports of the United States, except those rejected or placed in hospitals in conse- quence of such medical examination, shall be regularly inspected by immigrant inspectors. (6) If any seaman is not already in possession thereof, the officers of the vessel shall furnish him with the identification card described in subdivision 3 hereof. If the inspector ascertains that the seaman's intention is not to reship foreign or to remain on. a vessel that sails foreign, the inspection shall proceed as though the seaman were an alien passenger applyingf or aamission,and he shall be admitted or held for special inquiry in regular course, the uncompleted card being taken up. If it is ascertamed that it is the seaman's intention to re- *Porm 679. 'Regulations U. S. Public Health Service, 1913, Art. XIV, par. 418. » Id., Art. XV, pars. 4«4-467 ; sec. 4805 K. S. IMMIGBATION BULES. 47 main on the vessel or to reship foreign, the inspection shall proceed sufficiently to develop to a reasonable degree whether or not the alien belongs to one of the excluded classes, a notation thereupon to be placed upon the card indicating the inspector's opinion as to the seaman's admissibility if he were applying for entry. There shall be printed on the identification card the three notations, " Division 1," " Division 2," and " Division 3." If the inspector is satisfied of the seaman's admissibility he shall draw a line through the latter two, leaving the former as a notation expressing his opinion ; if satisfied of the seaman's inadmissibility, the nrst two shall be stricken out and the last left as the inspector's notation ; but if doubt exists upon the part of the inspector, the first and last shall be stricken out, leaving "Division 2" as the inspector's notation upon the card. For ex- ample, if the inspector ascertains that the seaman is a Chinese, or a laborer from a country that issues limited passports, and not in pos- session of a passport entitling him to land m the United States, or is a native of that portion of the Orient geographically defined in sec- tion 3 and Eule 8, or is an illiterate within the meaning of the illit- eracy test of section 3, the inspector, as a matter of course shall strike out the first two notations and leave the last ; if he ascertains that the seaman does not belong to any of such classes, and is satisfied from inspection and examination of him that he is neither likely to become a public charge not afflicted with any minor physical defect that may anect earning capacity, he shall permit the notation " Division 1 " to remain upon the card, striking out the other two ; if the inspector is in doubt with respect to these indefinite and not always readily determinable points, the second notation shall be left upon the card, the fitrst and fiiird being stricken out. (c) If such seaman is already in possession of the identification card prescribed in subdivision 3, the " primary immigration inspec- tion " shall consist merely in determinmg that the presenter is the proper holder of the card and in ascertaining whether or not it is his intention to reship. If he asserts it is his intention to reship foreign, the " inspection " shall be closed by returning his card to him, unless it is necessary to order such seaman held on board or to remove him to an immigration station or other similar place or to hospital under subdivision 4 or subdivision 5 hereof, in either of which contingencies the card shall be retained and returned to the seaman only if he is eventually allowed to reship foreign. If he asserts an intention not to reship foreign, then the inspection shall proceed as though the sea- man were an alien passenger applying for admission, the seaman to be admitted or held for special inquiry in regular course as the facts mav require. If admitted, his identification card should be taken up. (d) Whenever it is ascertained that a seaman applying for either permanent or temporary admission belongs to the excluded class (sec. 3), "Persons who have been deported under any of the provisions of this act, and who may again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a foreign port or their attempt to be readmitted from foreign contiguous territory the Secretary of Labor shall have consented to their reap- 48 IMMIGRATION RULES. plying for admission," the case shall promptly be brought to the at- tention of the department with request for in^ructicms. SuBD. 7. Secondary irrrndgrcUion m8pection.—{a) Any seaman holding holdinff an identification card containii^ the notation " Divi- sion 1 " made thereon in accordance with subdivision 6 hereof, who, ' at any time after having been permitted to land with the intention of reshipping, changes that intention and desires to remain permanently in the Umted States, may accomplish that purpose hv simply sur- rendering his identification card to an immigrati(m omcer in charge at any immigration station in the United States and furnish the usual manifest data and a postal money order covering the head tax. In such case the officer to whom the card is surrendered and the money order for head tax delivered shall forward such card to the officer in charge at the port where it issued and such money order to the officer in charge at tne port where the alien last entered; and thereupon an entry shall be made in the appropriate records of such latter office showing the regular entry of the alien to the United States as of the date of the surrender and payment. (b) Any seaman holding an identification card bearing either the notation 'Division 3 " or " Division 2 " made thereon in accordance with subdivision 6 hereof who, at any time after having been per- mitted to land with the intention of reshipping, changes that inten- tion and desires to remain permanently in the United States, may apply for complete inspection to the immigration officer in charge at any immigration station in the United States. Thereupon such a seaman shall be examined in regular manner, ,held for examination by board of special inquiry if expressly excludable or the facts and circumstances developed raise a doubt regarding his admissibUity, or if found admissible by the inspector or the board he shall be ad- mitted upon surrendering his identification card and paying the head tax ; if rejected by the board, he shall be allowed an appeal to the de- partment at Washington. Ii upon the taking of an appeal the board's decision is affirmed, a warrant of deportation will be issued by the department and the alien deported (sec. 20) at the expense of the immigration appropriation. If the alien is aomitted by tne inspector, the board, or the department, the identification card and the money order for head tax collected shall be disposed of and a statistical entry made in the manner provided in the preceding paragraph hereof. SuBD. 8. VaZue of identification card. — ^The seaman's identification card hereinbefore prescribed shall not constitute evidence of a right to enter or to be or to remain in the United States. It simply evi- dences the status of the holder as a seaman, identifies him, and indi- cates the point to which his inspection or examination under the law has proceeded and what remains to be done in his case if he ceases to be a seaman and becomes an alien applicant for admission. It shall have the same value at every other port as at the port where issued. SuBD. 9. Arrest of violators. — (a) Any alien who shall come to a United States port as a seaman and land or remain in the United States otherwise than in pursuance of and in accordance with the provisions of this rule shall be arrested, as provided in section 34, whenever and wherever found in this country within three years from the date of landing or from the date when his status changed IMMIGRATION RULES. 49 from that of a seaman to that of an alien here resident. Such alien then shall be brought before a board of special inquiry and sub- jected to a thorough examination under all provisions or the immi- gration law applicable to the case of an alien seeking admission; such investigation, if any, as may be necessary to devpop evidence concerning him shall be conducted and he shall be subjected also to the medical examination required in the cases of alien applicants for admission. If rejected by the board he shall be allowed an appeal to the department imless the rejection is upon a ground with respect to which the law prohibits an appeal; and in any event the record of the board of special inquiry shall be transmitted to the bureau for submission to the department, in order that a final decision may be rendered if upon appeal and that a warrant of deportation may be issued whether upon appeal or not. Upon the issuance of the warrant the alien shall be deported at the expense of the immigra- tion appropriation. (6) If the alien is charged in the warrant of arrest merely with entering contrary to the provisions of section 34 and Kule 10, the conduct of the hearing shall be governed by subdivision 2 of Rule 15. But if the warrant contains any other charge, the conduct of the hearing shall be governed by subdivision 5 of Rule 22.* (urposes of this subdivision, pass through the United States in transit to such country by the most expeditious and direct route. Where he is suffering from a loathsome contagious or danger- ous contagious disease, or with tuberculosis in any form, or from a mental disability, or is in such physical or mental condition as to render him a person likely to become a public charge, the master must make arrangements for his proper care while m transit and furnish a sum of money sufficient to defray the expenses thereof. These provisions are made in the interest of trade and because of the peculiar position occupied by seamen under principles of interna- tional comity ; and in all cases to which they apply the immigration officials shall confer not only with the master but with the consular representative of the country to which the vessel belongs. RiUe 11. LABOREBS FBOM COUNTBIES WHICH GBANT LIMITED PASSPORTS. Subdivision 1. Presidents proclamation, — The President's procla- mation on this subject, issued February 24, 1913, reads as follows : Whereas by the act entitled "An act to regulate the immigration of aliens into the United States," approved February 20, 1907, whenever the President is satisfied that passports issued by any foreign Government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone, are being used for the purpose of en- abling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, it is made the duty of the President to refuse to permit such- citizens of the country issuing such passports to enter the continental territory of the United States from such country or from such insular possession or from the Canal Zone; And whereas, upon sufficient evidence produced before me by the Depart- ment of Commerce and Labor, I am satisfied that passports Issued by certain foreign Governments to their citizens or subjects who are laborers, skilled or unskilled, to proceed to countries or places other than the continental territory of the United States are being used for the purpose of enabling the holders thereof to come to the continental territory of the United States to the detri- ment of labor conditions therein; I hereby order that such alien laborers, skilled or unskilled, be refused per- mission to enter the continental territory of the United States. It is further ordered that the Secretary of Commerce and Labor be, and he hereby Is, directed to take, through the Bureau of Immigration and Naturaliza- tion, such measures and to make and enforce such rules and regulations as may be necessary to carry this order Into effect. SuBD. 2. Effect of proclcmiation. — ^The proclamation requires that laborers, skilled or unskilled, who are citizens of a country which grants to its laborers proceeding abroad limited labor passports only, and who present at a continental port a passport entitling them only to admission to countries or places other than continental United States, shall be rejected. It does not in any particular relieve such aliens from examination under the general provisions of the law. SuBD. 3. Rejection or adrrmsion as affected hy passfort, — ^If such a laborer applies for admission and presents no passport, it shall be presumed (1) that when he departed from his own country he did not possess a passport entitling him to come to the continental terri- tory of the United States, and (2) that at that time he did possess a passport limited to some country or place other than continental United States. If he presents a passport entitling him to enter con- tinental United States or not limited to some coimtry or place other than continental United States, he shall be admitted, unless he be- longs to one of the classes excluded by the general provisions of the IMMIGBATION BULBS. 51 law. If he^presents such a limited passport, but claims that he is not a laborer, skilled or unskilled, proof of such claim shall be re- quired. SuBD. 4. Right of appealj etc. — ^AU laborers excluded under this rule shall be advised not only of their right of appeal where one lies, but also that they may communicate by telegraph or otherwise with any diplomatic or consular officer of their Government, and they shall be afforded opportunity for doing so. SuBD. 5. Definition of term laborer, — For practical administrative purposes the term " laborer, skilled and unskilled," within the mean- ing of the Executive order of February 24, 1913, shall be taken to rerer primarily to persons whose work is essentially physical, or, at least, manual, as farm laborers, street laborers, factory hands, con- tractors' men, stablemen, freight handlers, stevedores, miners, and the like ; ajjd to persons whose work is less physical, but stiU manual, and who may be highly skilled, as carpenters, stonemasons, tile setters, painters, blacKsmiths, mechanics, tailors, printers, and the like; but shall not be taken to refer to persons whose work is neither distinctively manual nor mechanical, but rather professional, artistic mercantile, or clerical, as pharmacists, draftsmen, photographers, designers, salesmen, bookkeepers, stenographers, copyists, and the like. SuBD. 6. Passports to he indorsed. — Passports presented by aliens covered by this rule shall be plainly indorsed, in indelible ink, by the officer admitting or rejecting the applicant, in such a manner as to show the fact and date of admission or rejection. The officer shall sign such indorsement, and the passport shall be returned to the presenter. Bole 12. INSPECTION OF ALIENS ENTERING FROM OR TmtOUGH CA^ADA.^ Subdivision 1. Border ports of entry. — ^The following are desig- nated as Canadian border ports of entry for aliens : Eastport, Calais, Vanceboro, Fort Kent, Fort Fairfield, Van Buren, Houlton, Mada- waska, and Jackman, Me.; Beecher Falls, Island Pond, Newport, Kichf ord, St. Albans, jgid Swanton, Vt. ; Bouses Point, Malone, Fort Covington, Nyando, Ogdensburg, Louisville Landing, Morristown, Waddington, Alexandria Bay, Clayton, Cape Vincent, Bochester, Olcott, Lewiston, Niagara Falls, and Buffalo^ N. Y. ; Erie, Pa.; Cleveland and Toledo, Ohio; Detroit, St. Clair, Port Huron, and Sault Ste. Marie, Mich. ; Chicago, 111. ; Duluth, Banier, International Falls, Warroad, Beaudette, and Noyes, Minn.; Hannah, Pembina, Northgate, Neche, Antler, Walhalla, Portal, and St. John, N. Dak. ; Sweetgrass and Gateway, Mont. ; Porthill and Eastport, Idaho ; and Curlew, Marcus, Oroville, Sumas, and Blaine, Wash. SuBD. 2. Seaports of entry and locations of hoards of special in- quiry. — (a) The following are designated as Canadian seaports of entry for aliens bound for the United States : Halifax, Nova Scotia ; iThls rule Is based generally upon the Immigration act, and specifically upon sec. 19 thereof, authorizing the Commissioner Qeneral to designate land-border ports of entry, and agreements between the various steamship and railroad companies in Canada and the Commissioner General, negotiated in accordance with sec. 23. The various provisions of . the law and regulations, in so far as applicable, should be enforced at the Canadian sea- Sorts and along the Canadian border. Any alien who enters the United States across the anadian border at any other place than those named in subd. 1 of this rule as a port of entry, is subject to deportation under sees, 19 and 20. (For deportation procedure, see Bule22.) 52 IMMIGRATION BULES. Quebec, Montreal, and Point Levi, Quebec; St. John, New Bruns- wick; and Vancouver and Victoria, British Columbia. (&) Boards of special inquirv shall be located at said seaports and also at the following places: Yarmouth, Nova Scotia; Calais, Van Buren, Jackman, and Houlton, Me.; St. Albans and Newport, Vt. ; Ogdensburg, Buffalo, Niagara Falls, and Lewiston, N. Y. ; Cleveland and Toledo, Ohio ; Detroit, Port Huron, and Sault Ste. Marie, Mich. ; Chicago, 111.; Duluth and International Falls, Minn.; Winnipeg, Manitoba; Portal, N. Dak.; Sweetgrass, Mont.; Eastport, Idaho; and Marcus, Oroville, Sumas, and Blaine, Wash. Sued. 3. Head tax. — {a) The masters, owners, or agents of ves- sels plying to eastern Canadian ports shall pay to the United States (commissioner of immigration at Montreal, and those of vessels plying to western Canadian ports shall pay to the collector of customs at Seattle, Wash., the sum of $8 on account of each alien bomid for the United States, with the exception of such as are exempted uv ^® law.^ (6) Any alien of the taxable class seeking to enter the United States from Canada or Newfoundland shall be denied examination under the United States immigration laws (except to a sufficient ex- tent to determine liability for head tax) imtil he presents to the examining officers a certificate from a duly appointed agent of the transportation company over whose line the alien may be traveling or intending to travel, guaranteeing that responsibility for the pay- ment of head tax on account of such alien will be assumed by said transportation company, the certificate guaranteeing payment of head tax being returnable to the applicant for admission in the event of his exclusion, such certificate before its return to such applicant to have the words " rejected — returned for refund " stamped or written in red ink across its face and to bear the signature of a member of the board of special inquiry by which the alien was examined. {c) All moneys collected under the provisions of this rule shall be transmitted by the commissioner of immigration at Montreal or the collector of customs at Seattle to an assistant treasurer of the United States for deposit in appropriate maimer. Reports of such receipts shall be made monthly on the appropriate forms. The commissioner at Montreal shall give bond in the sum of $10,000, conditioned for the faithful discharge of his duties and the remittance of the collections herein described. SuBD. 4. Manifests, — {a) The masters, owners, or agents of vessels brining to Canadian ports aliens bound for the United States shall furnish to the United States immigration officials in charge at such ports complete manifests and alphabetical books of all arriving alien passengers, and also complete manifests of all arriving alien passen- gers en route to the United States, such as are now required by law of vessels bringing aliens to United States ports. Manifests fur- nished at eastern Canadian ports shall be filed m the office of the com- missioner at Montreal ; those furnished at western Canadian ports in the office of the commissioner at Seattle. (&) Such masters, owners, or agents shall furnish, also, to the United States commissioner of immigration at Montreal or to the commissioner of immigration at Seattle manifests of all passengers — not citizens of the United States — leaving the United States and pro- ^ See Rule 1 for list of exemptions from head tax. IMMIQBATIOK BULES. 53 ceeding by their vessels to foreign ports, as required by law of ves- sels departing from United States ports. SuBD. 5. Medical examination. — ^Aliens coming to the United States from or through Canada shall be examined for mental and physical disabilities or afflictions in the manner prescribed in section 16. Sued. 6. Inspection^ eertvficdbioTh^ and adrrmsion. — {a) All neces- saiy facilities in the way of accommodations, access to the aliens, and the keeping of aliens apart from the public until after inspection shall be afforded to the immigration officials of the United States stationed at Canadian ports to enable them to make the infection required by law. The mspection conducted at the seaports, the land border ports, or the interior board of special inouiry stations herein mentioned shall be similar to that conducted at tjnited States ports. Such aliens as in the c^inion of the examining inspector are not clearly entitled to admission shall be taken before a board of special inquiry. The decision of such a board shall be final unless reversed upon appeal, as provided by section 17. (6) Any alien found admissible by an inspector or board stationed at a seaport or by a board stationed at an interior port named in subdivision 2 hereof shall be furnished with a certificate of identity prepared on the form provided by the bureau,^ signed by appropriate United States immigration officials, and shall be admitted at any one of the ports of entry named in subdivision 1 hereof without further examination upon presenting and surrendering said certificate and being identified as the proper holder thereof. The certificates shall be taken up and returned to the issuing officer. {c) Any alien not provided with the certificate prescribed in the preceding paragraph who shall apply for admission at a point on the Canadian border where no board of special inquiry is located, if adjudged by the examining immigration officer to be of a class re- auiring board of special inquiry examination, shall be returned by lie transportation company concerned to the nearest point where a board of special inquiry is located for examination, manifesting, and (where proper) assessment of head tax; and, in the discretion of the appropnate United StatjBG immigration official, any aUen not pro- vided with the said certificate who shall apply for admission at a point on the border within one year after arriving at a Canadian seaport shall be returned by the responsible transportation company to the seaport of arrival for examination, manifesting, and (where proper) assessment of head tax, in the manner required in the cases of aliens arriving at Canadian seaports and giving destinations in the United States, unless it shall appear that such alien was originally destined in good faith to Canada and has been actually residing in said country, or unless, upon examination, Canadian officials shall declare such alien eligible for residence in Canada and the transpor- tation company involved shall arrange for his removal a reasonable distance from the boundary. SuBD. 7. Deportation. — {a) All aliens bound for the United States finally rejected at Canadian seaports shall be returned to the country whence they came by the steamship line bringing them. (&) The steamship lines shall return at their own expense, from seaports of Canada or the United States as they may elect, to the trans- I Form 524^ S4 IMMIGBATIOK BULBS. oceanic country of embarkation all aliens covered by the provisions of paragraph (c) of subdivision 6 hereof who are shown to belong to a class excluded by the immigration act whenever in the judfflnent of the Secretary the deportation of such aliens in the manner described is deemed necessary to safeguard the interests of the United States. (c) All aliens who proceed (o the Canadian border without first having been examined and granted the certificates of identity herein prescribed and who may be excluded by boards of special inquiry at border stations and those in whose cases certificates are canceled prior to their being permitted to cross the border, and aliens brought to the border who have arrived in Canada by steamship lines or vessels which have not conformed to the requirements of section 23 and who have not had a two years' residence in Canada, shall be returned a reasonable distance into Canada ^ by the transportation companies bringing them to the border ; or when the mental, physical, financial, or moral status of any such alien renders such a course advisable in the opinion of the immigration officer or officers concerned, the trans- portation company, upon being so directed, shall return such alien to the initial point of departure m Canada. (d) Witnin the deportation periods prescribed in the immigration act, the steamship lines which are parties to the Canadian agreement shall return, at their own expense, from some Canadian port, or when that is not practicable from some port of the United States, such aliens as, having been brought into Canada upon their respec- tive lines and having subsequently proceeded to the United States, are shown to belong to any one or the classes subject to exclusion or deportation whenever deportation of such an alien is ordered by the Secretary of Labor. SuBD. 8. Transits. — (a) An alien of the taxable class applying to pass in transit through the United States from Canada shall furnish to immigration officers guaranty of payment of head tax prescribed in subdivision 3 hereorT If found admissible he shall be given a certificate^ providing for refund of head tax upon such certificate being properly indorsed by the alien and the purser of the outgoing trans-Atlantic or trans-Pacific steamship, the conductor of the train upon which the holder leaves the United States, or by a United States immigrant inspector. (&) Upon proof satisfactory to the United States commissioner of immigration at Montreal in cases arising at eastern Canadian ports, or to the commissioner of immigration at Seattle in cases arising at western Canadian ports, that such aliens have passed by direct and continuous journey through and out of the United States within the time limit specified in subdivision 2 of Rule 1 hereof, refund of head tax on aliens of the taxable class arriving at seaports of Canada and desiring to proceed immediately in transit through the United States will be made to the transportation line responsiWe for its payment. (c) The special deposit and refund system herein provided for transit passengers shall apply also to passengers claiming American citizenship who are unable at the time to establish such claim; ex- — - — ■ ■ — 1 In view of the terms of the Cai^adian agreement, transportation companies in Cuiada will not knowingly sell to aliens of the immigrant class en route to any part of the United States tickets for their transportation or transport them in cars or vessels from ejected, inadmissible, or undesirable alien, but wiU return rejected auens to tne seapo >i arrival or the interior starting point, s Form 528, except in cases ottranBient Tisiton, for whom Form 669 should be used. IMMIGRATION BULBS. 65 cept, however, that transit refund certificates shall not be issued to such persons. SuBD. 9. Identification of aliens hahituaUy crossing boundary. — With a view to avoid delays and embarrassment in cases of aliens who, residing upon either side of the line, habitually cross and re- cross the boundary upon legitimate pursuits, an identification card^ will be furnished such persons upon application to the immigration official in charge at the place of ingress and egress. The applicant for such a card shall be required to furnish two unmounted photo- graphs of himself, of appropriate size, for attachment to the card, and shall supply the data necessary to fill out the card in complete form. To guard against the use of the card bj any other person than the one to whom furnished (through its being lost or stolen or otherwise improperly acquired) the official issuing the card shall re- quire the applicant to sign his name partly on the margin of the photograph and partly on the body of the card itself. The card may be issued also to United States citizens desirous of availing them- selves of this means of ready identification. It shall constitute a pass which shall be promptly honored by immigration officials simply upon satisfying themselves that the person presenting it is the person representea by the photograph thereto attached and therefore the rightful holder of the card. Rule IS. INSPECTION ON MEXICAN BORDER. Subdivision 1. Ports of entry, — ^Under section 19 the following are named as Mexican border ports of entry for aliens: Brownsville, Hidalgo, Kio Grande City, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso, Tex.; Douglas, Naco, Nogales, San Fernando, and Ajo, Ariz.; and Andrade, Calexico, Campo, and Tia Juana, Cal.^ SuBD. 2. Procedure. — {a) Aliens applying for admission at the Mexican border ports of entry are subject to examination in the same manner and to the same extent as though arriving at seaports, report of inspection to be made on the appropriate form; * if they cross the border by bridge or railway company, such company shall be respon- sible for the head tax. (&) Except as provided in paragraph (a), aliens crossing the border bjr any vehicle (including stage lines]) regularly engaged in transporting passengers, said vehicles by which they come shall be responsible for the head tax. If they cross the border at a port of entry otherwise than as provided in paragraph {a) or this paragraph, such aliens, if the head tax is assessable, shall be questioned, as a pre- liminary to inspection, only sufficiently to determine with precision whether, in the event full inspection would show them to be admis- sible, they are able and willing to pay the $8 head tax. If this ques- tion is determined affirmatively, inspection shall be completed; and if the aliens are found admissible, they shall be required to pay the tax to the collector of customs before being permitted to enter.* ((?) Eefusal or inability upon the part of an alien to pay the head tax, when assessable, either to the carrier responsible or direct to the collector of customs when proper, shall be cause for refusal to enter- 1 Form 687 for aliens ; Form 688 for United States citizens. ' Any alien who enters the United States across the Mexican border at any other point enters the country unlawfully and should be arrested and deported under sees. 19 and 20, as provided by Rule 22. •Form 548. *Head tax to be certified to the collector of customs on Form 649. (See Bule 1.) 56 IMMIGBATIOK BULBS. tain the alien's application for admission. Proper records in each such case shall be made. Neffli^ent failure of a legally and finan- cially responsible carrier regularTy engaged in transporting aliens to collect the tax shall not absolve such carrier from hability therefor nor operate to prevent the inspection of the applicant. (d) Head tax shall be paid Ibj the alien himself to the appropriate collector of customs in all cases m which it is impracticable to proceed otherwise under this rule for its collection. SuBD. 3. Identifcatiofu of aliens fidbitiudlj/ crossing hovmdary. — The card of identification prescribed by subdivision 9 of rule 12 shall be used also upon the Mexican border. Role 14. ALIENS REACHING CONTINENTAL PORTS VIA HAWAIL Subdivision 1. Excmunation at Homcdicm i^ort. — ^Aliens arriving in Hawaii bound for the continent shall be inspected and given a certificate,^ signed by the immigration officer in charge at Honolulu, showing fact and date of landing. SuBD. 2. Certificates for cMen residents of Hawaii. — ^Aliens who, having been manifested bona fide to Hawaii and having resided there for a time, signify to the immigration officer in charge at Honolulu an intention to go to the continent shall be furnished such certificate as evidence of their regular entry at an insular port.* SuBD. 3. Admission at continental ports of aliens presenting cer- tificates. — ^Aliens applying at continental ports and surrendering the certificate described in subdivision 2 shall oe permitted to land, upon identification (and pajmaent of $4 head tax if they entered Hawaii between Julv 1, 1907, and May 1, 1917), provided it appears that at the time sucn aliens were admitted to Hawaii they were not members of the excluded classes or likely to become public charges if they proceeded thence to the mainland. SuBD. 4. Arrest and deportation. — ^If aliens applying at conti- nental ports fail to present the certificate describea in subdivision 2, it shall be presumed that they were not examined when entering Hawaii, and they shall be arrested in accordance with Rule 22 on the ground of entry without inspection and on such other grounds as may be found to exist. If it is found in accordance with sub- division 3 hereof that such aliens at the time of entry to Hawaii were members of the excluded classes or likely to become public charges if they proceeded thence to the mainland, they shall be reported for arrest in accordance with Rule 22 on either or both of those grounds. SuBD. 5. Hawaiian citizens. — In order to save possible delay and inconvenience at the port of entry, residents of the Hawaiian Islands claiming to be citizens of the United States who desire to proceed to the mainland may have their status investigated by the inspector in charge at Honolulu. A favorable decision by said official will en- title the applicant to be landed at a mainland port of entry upon identification. An adverse decision will not preclude the party from applying at a port of entry on the mainland, relying upon his ability to estabnsh his claimed citizenship to the satisfaction of the officer in charge. 1 Form 546. Special material facts should be noted on back of certificate, with appro- priate reference tnereto on face, s Bole 11 acts as a limitation upon this subdivision. IMMIGRATION BULES. 57 Bdt IS. SPECIAL INQUIBT. Subdivision 1. Oath. — ^Every person appointed to serve on a board of special inquiry shall first subscribe to an oath of office.^ SuBD. 2. Hearings. — ^Boards of special inquiry shall determine all cases as promptly as in the estimation of the immigration officer in charge the circumstances permit, due regard being had to the neces- sity of giving the alien a fair hearing. Hearings before the boards '* shall oe separate and apart from the public '' ; but the alien may have one friend or relative present after the preliminary part of the hearing has been completed : * Provided^ Firat, that such friend or relative is not and will not be employed by him as counsel or attor- ney ; second, that, if a witness^ he has already completed the ^ving of his testimony ; third, that he is not an a^ent or a representative at an immi^ation station of an immigrant aid or other similar society or organization ; and, fourth, that he is either actually related to or an acquaintance of the alien. SuBD. 3. Adducing facta concerrdna UahUity to -finea, — ^In all cases in which there is any reason, other than the issuance of a surgeon's certificate, for believmg that any one of the administrative fines pre- scribed by the law, and specified in Rule 28 hereof, may have been incurred, boards shall be careful to develop in the course of their hearings all facts and circumstances material to a determination of the transportation company's liability to such fine. SuBD. 4. Expense of return voyage. — ^An excluded alien shall be informed that the return voyage is at the expense of the steamship company which brought him ; that the transportation company must return him in the same class in which he came; and, in cases covered by section 9, that a refund of his transportation from the initial point of departure to port of rejection is due him. The fact that he has been so informed shall be entered in the minutes. Role IC. READiaSSION AND TEMPORARY ADMISSION. Subdivision 1. Readmission of permanently dorrdcHed^ temporarily abseni aliens. — ^Under the seventh proviso to section 8, aliens who have lived in the United States contmuously for seven years may be readmitted, after a temporary absence abroad, under such conditions as the department may prescribe. In such cases convincing proof of a continuous residence of seven years shall be exacted, and an absence not exceeding six months shall be deemed a " temporary absence " within the meaning of the law. All such cases in which rejection occurs shall be promptly brought by the immigration official in charge to the attention oi the bureau, with a complete report of the reasons for the alien's exclusion. The conditions to be observed, such as the furnishing of bond or of cash deposit, treatment in hospital, etc.^ will be specified by the bureau and the department as the cases arise. SuBD. 2. Temiporary admission of otherwise inadmissible aliens. — The ninth proviso to section 3 authorizes the bureau and the depart- ment to issue rules and prescribe conditions to control and regulate the admission and return of otherwise inadmissible aliens applying for temporary admission. In cases in which aliens who are.manda- torily excluded from permanent entry apply for the privilege of ' - ■ » iForm 566. «Sec. 17. 68 IMMIGBATION BULE8. entering the United States temporarily, they shall be required to show that their temporary entry is an urgent necessity or that un- usual and grave hardship would result from a denial of their request. A bond, a cash deposit, or other equally satisfactory assurance that such alien will depart in due course from the United States will be exacted by the department in every instance. The submission of an unmounted photograph, in duplicate, may be required when needed as a means of identifying the temporarily admitted alien in con- nection with his departure at the port of entry or some other port. Ordinarily such cases should be reported as they arise to the depart- ment for special ruling. In instances, however, in which the cases fall into regular channels and can be handled under general instruc- tions (for instance, the admission of physically or mentally afllicted aliens from Canada to receive urgent and special^ treatment or to undergo operations in medical institutions on this side of the bound- ary) they may be handled under general instructions, which will be issued by the bureau and the department upon request. Role 17. APPEALS. • Subdivision 1. Inforrnmg alien as to rigJit of appeal. — ^Where an appeal lies the alien shall be informed of his right thereto, and the fact that he has been so informed shall be entered in the minutes. Si3D. 2. Appeals^ how -pled. — ^An alien desiring to appeal may do so individually or through any society admitted to an immigration sta- tion or through any relative or friend or through any person, includ- ing attorneys, permitted to practice before the immigration authori- ties. Where such an appeal has been taken any further appeal shall be disregarded. Appeals purporting to be filed on behalf of an alien* but without his knowledge or consent previously obtained, may be ignored. A board member who dissents from a majority vote to admit also may take an appeal. In such a case the alien shall be allowed the same opportunity for representation as though the appeal were his, but his brief or argument must be submitted at the same time that the board member's appeal is forwarded to the bureau. SuBD. 3. Ti/me for Ming appeals. — Appeals must be filed promptly. The immigration officer in charge may refuse to accept an appeal filed after the alien has been removed from an immigration station for deportation, provided the alien had a reasonable opportunity to appeal before such removal. Any appeal filed more than 48 hours after the time of an excluding decision may be rejected by the immi- gration officer in charge in his discretion. SuBD. 4. Where no appeal Ues. — No appeal lies where the decision of a board of special inquiry, based upon the certificate of the exam- ining medical officer, as required by section 17, rejects an alien be- cause (a) he is afflicted with tuberculosis in any form or a loathsome contagious or dangerous contagious disease, or (b) he is an idiot or an imbecile or an epileptic or is insane or feeble-minded, or (c) he is afflicted with constitutional psychopathic inferiority or nas any mental defect or is a chronic alcoholic. SuBD. 5. Where appeal lies despite certificate. — ^When an alien is certified for a physical defect other than tuberculosis in any form or a loathsome contagious or dangerous contagious disease, the board IMMIGRATION RULES. 59 of special inquiry must decide, on the basis of all the evidence (in- cluding the certincate) whether or not such certified defect may affect his ability to earn a living. An alien rejected on said ground is entitled to appeal. SuBD. 6. Forwardmg appeal record. — The complete appeal record shall be forwarded promptly to the bureau with the views in writ- ing of the immiCTation officer in charge. StJBD. 7. Bonds under section 21 ^. — ^Where the landing of an alien under bond is authorized, unless different instructions are given, the bond^ shall be in the sum of $500, and the alien shall not be re- leased until it has been furnished and the immigration official in charge has satisfied himself of the responsibility of the sureties. If within a reasonable time after landing under bond is authorized a satisfactory bond is not furnished, instructions shall be requested of the bureau. SuBD. 8. CcLsh deposits vmder section 21, — ^If the acceptance of a cash deposit is authorized, the deposit, unless different instructions are given, shall be in the form of a postal money order and in the sum of $500. A receipt for the deposit shall be issued by the officer in charge, showing the object for which the money has been accepted and the disposition to be made thereof. The monev order shall be then transmitted to the department, by which it will be deposited in the postal savings bank at Washington, in such manner as to permit the interest accruing thereon to be paid semiannually and transmit- ted to the person making the cash deposit. SuBD. 9. Reopening of cases. — ^Whenever a case is referred back to a board hy the bureau or tJie department in order that additional evi- dence may be taken, such case is thereby reopened; and after the new evidence has been taken the board shall render a new decision, in which it may in its discretion reaffirm, alter, or reverse its previous decision. The mere action of referring back a case under such cir- cumstances is not to be taken as an indication of any disapproval by the bureau or the department of the board's decision or of what the new decision should be. SuBDi 10. Requests for reopening.— Wheaev^v^ either before or after receipt of a decision from the bureau or the department affirm- ing an excluding decision, the local immigration officials learn of new evidence of such relevancy and materiality as in their opinion to re- quire that, in justice to the alien or the United States, it be consid- ered by the board, they may stay deportation and request the bu- reau's permission to reopen the case, at the same time briefly stating the general nature of the new evidence. This usually should be done by letter. Whenever it is necessary to resort to a telegram, such tele- gram shall be in substantially the following form : For the purpose of receiving new material evidence, recommend reopening case of ( Very briefly indicate character of new evidence. ) The words " For the purpose of receiving new materis^l evidence, recommend reopening case of " shall be represented by the code word " Renvoy." Thus it will be possible to phrase the telegram in a few words. Upon receipt of the bureau's permission to reopen, the board again acquires full control of the case as under subdivision 9 hereof. ^ For release of arrested aliens under bond, see Rule 22r * Bxecnte in dnpUcatei Wtfag Form 664 or 679. 60 IMMIGRATION RULES. SuBD. 11. Procedure in reopened cases. — ^The hearing in a case re- opened before a board of special' inquiry shall be of the same nature and be subject to the same conditions, limitations, and privileges as an original hearing before such body. SuBD. 12. Detention expenses dwing extended time. — The immi- gration oflScer in charge may decline, m his discretion, to extend an alien's time to appeal or to delay deportation except on condition that there be deposited a sum of money suflicient to defray the cost of maintenance during the extension or delay granted. SuBD. 13. Applications for privilege of reapplying for adnussion. — Aliens rejected or arrested and deported under any provision of the act who apply for admission withm one year after such deportation are mandatorily excluded, unless prior to so applying, at either a sea- port or a land border port, they shall have obtained the consent of the Secretary to their again presenting themselves for examination (sees. 3 and 18). Application for this privilege always shall be sub- mitted to the immigration official in cnai^e at the port where the alien was previously rejected or the immigration omcial in charge of the district in which the alien was arrested for deportation, and shall be forwarded by such official to the bureau, accompanied by the record previously formulated, unless the bureau already, through warrant or appeal proceedings, has come into possession of such rec- ord. The teleffraphing of such applications shall be avoided as far as possible and, when granted, always shall be at the expense of the alien or those interested in him both as to the application (which should be prepaid) and telegraphic response from the department (which will be transmitted "collect"). Aliens rejected solely as "accompanying aliens,'' or deported solely on the groimd of being " under 16 unaccompanied " may reapply for admission without se- curing permission in advance.^ Role 17-A. TEMPORARY RELEASE, UNDER ARRANGEMENTS FOR SELF-SUPPORTING EMPLOYMENT* OF ALIENS EXCLUDED OR ORDERED DEPORTED. Subdivision 1. General conditions. — {a) Aliens whose prompt de- portation can not be accomplished because of war or other conditions may, upon permission secured from the department, be released and permitted to accept self-supporting employment under the conditions hereinafter stated. (6) Such release shall be temporary only, and any alien who vio- lates the conditions exacted shall immediately be taken into custody and detained as an filien deportee under the outstanding excluding decision or departmental warrant, the facts in such cases to be promptly reported to the department. (orted or arrested and deported as a prostitute, or as a procurer, or as having been connected with the business of prostitution or importation for proKS- titution or other immoral purposes in an^ of the ways specified in section 19, shall return to and enter the United States ; no limitation ; retrospective. (r) Any alien convicted and imprisoned for a violation of any of the provisicMis of section 4; no limitation; retrospective. (s) Any alien who was convicted or who admits the commisdon prior to entry of a felony or other crime or misd^neanor involving moral turpitude ; no limitation ; retrospective. (t) Any alien of the classes described in the act approved October 16, 1918, concerning members of the anarchistic and similar classes; no limitation ; retrospective. (t^) Any alien who shall be found advocating or teaching anarchy, or the overthrow by force or violence of the Government of the IJnited States or of all forms of law or the assassination of public officials; no limitation; retro^)ective. (v) Any alien whow after having been admitted as one exempt from the geographical zone clause of sec 3, fails to maintain ms status as such ; no limitation ; not retrospective. SuBD. 2. Investigation and report of eases. — Officers shall make thorough investigation of all cases when they are credibly in- formed or have reascm to believe that a specified ali^i in the IJnited States is subject to arrest and deportation on warrant. AH such cases, by whomsoever discovered, shall be reported to the immigration officer stationed nearest the place where the alien is found to be. SuBo. 3. Application for warrcmt of arrest. — ^The application* must state facts showing prima facie that the alien comes within one or more of the classes subject to deportation after entiy, and, except in cases in which the burd^i of proof is upon the alien (Chinese) involved, should be accompanied by some substantial supporting evidence. If the facts stated are within the personal knowledge of the inspector reporting the case, they need not be in affidavit form. But if based upon i^ten^nte of persons not sworn officers of the Government (except in cases of public charges covwed by subdivision 4 hereof), the applicatiIf an attendant (or matron) is required to assist in conveying alien from an Inland point to the seaport of deportation, special request for authorization therefor should accompany the record of hearing. Such attendants are allowed a nominal compensation of $1 and traveling expenses both wavs. This rate must not be exceeded unless extraor- dinary conditions, fully reported, result in authorization of a different compensation. * For special provisions in the cases of insane and diseased aliens requiring special care and attention, see Rule 23. 70 IMMIGEATION BtJLES. other similar society, preferably under the control of organizations or persons of the same nationality and religion as the detamed aliens. (b) To the fullest extent practicable there i^all be designated at each immi^ation station or substation a female employee whose par- ticular du^ shall be to care for arreisted women and girls if such . aliens are detained in the immigration station or quarters, and to see that they are properly cared for if detained elsewhere. For convenience, such employees shall be called ** special officers." In furtherance of this provision the said special officer shall keep in touch and cooperate with such philanthropic and similar societies as assist the immi^ution officials in the hanming of these cases. (c) In every such case in which it is found absolutely necessary to incarcerate the alien in a jail or other similar place a report of the addon and of the reasons therefor shall be submitted promptly to the bureau. (d) In every instance in which it is necessary to commit a woman or girl to the custody of a society for more than a brief period of time the society shall be requested to submit weekly reports regard- ing the ccmdition and bdiayior of the detained alien ; and whenever facts or circumstances to justify so doing are developed a report thereof shall be forwarded to the bureau. (e) If in any case the ends of proper and humane administration seem so to require, the special officer shall conduct an investigation or submit a report, or both, independently of the investigation and report of the inspector conducting the bearing under the warrant of arrest ; all under and through the officer in charge of the station or district. (/) It being the purpose of this special procedure to humanize the admmistration of tne law, it is imp(»*tant that the cades of women and girls shall be handled in a particularly con^derate and careful manner, not only while the ali^s are being detained in this country but^ in the event of deportation, after the;^ arrive in the country ox their nativity or at the port where they originally embarked for the . United States. In furtnerance of their proper treatment abroad ar- rangements have been made (in addition to those for some time ex- isting by virtue and in pursuance of the White-Slave Traffic Inter- national Agreemait and of section 6 of the act of June 25, 1910, for correspondence by the Commissioner General of Immigration with represaitatives or the respective foreign Governments, parties to said agreement) for advising certain women's organizations in Europe and elsewhere with respect to tiie facts and circumstances of all cases in which it is deemed that advices should be sent abroad to insure that upon disembarkation at the foreign port women and ^rls will be at least in a position where responsible and charitably disposed per- sons will have knowledge of them and be able, wherever possible, to extaid assistance. Thus, to the fullest extent practicable, in cases in which deportation is effected on grounds of immorality, it will be insured that deportation will not result in affording means for the further degradation of the alien, but rather in placing her in the way of opportunities for reformation. All correspondence with rep- resentatives of foreign countries and representatives of foreign women's societies shall be conducted by the bureau at Washington. Special officers assigned to duty under paragraph (&) hereof shall IMMlGfiATlOK UtTLMw tl adriise th^ bur^u ftdly in toth case in whicll they believe corre- spondence of the nature herein designated should be conducted. Such reports shall be in triplicate so that the bureau, T^henever it deems that course {)roper, may forward copies thereof to the Government and society representatives abroad prior to or simultaneously with the deportation of the alien. At stations where it is impracticable to designate a special officer for this duty such reporte shall be fumidied by the officer in charge^ SuBD. 11. DeportaMon hy consent^ — ^Any alien who is a lawful resident of the United States and who has become a public charge from physical disability arising subsequent to landing may be de- ported, with his consent and the approval of the bureau, within three years irom dite of landing, at Government expense, provided he is delivered to the immigration officers at a desimatea port free of charge. If the alien's deportation is directed, the charges incurred for his care and treatment in any public or charitable institution from the date of notification to an immigration official until the ex- piration of one year after landing may be paid by the bureau at such rates as it shall accept as reasonaole. Bole 23. DEPORTATtON OF INSAN^ AND DISEASED ALIENS REQUIRING SPECIAL CARE AND ATTENTION. Subdivision 1. When to he provided. — ^When the immigration au- thorities find that an alien about to be deported (whether after rejection by a board or on department warrant) requires special care and attention, the steamship company concerned must provide such care and attention as his condition calls for, not only during the ocean voyage but also as hereinafter provided during the foreign inland journey. Sued. 2. Special papers. — ^The alien shall be delivered to the mas- ter or first or second officer of the vessel by which deportation is to occur, who shall be given the appropriate form,^ and a duplicate carbon of sheet "A" thereof. The receipt and sheet "A" shall, be filled out (except as to signature) by an immigration officer, The receipt attached to sheet "A" shall be signed by th^ ship's officer to whom the alien has been delivered and returned forthwith to the immigration officer making delivery. Sheets " B " and *' C " shall be retained by the ship's officer and in du^ course filled out by the agents or persons therein designated and by them returned by mail as therein provided. SuBD. 3. Forwarding alien from foreign port to destination. — From the foreign port of debarkation the steamship company must forward the alien to destination in charge of a proper custodian (all expenses to be bo^ne by such company), except only in cases where forei^ public officials decline to allow such cuptodian to proceed and themselves take charge of the alien, which fact must be shpwn by signing the form provided in the lower half of sheet " C." If the foreign public officials do not take charge at the port of debarkation, but at an interior frontier, both forms on sheet " C " must be filled » See gee. 23. "Form 597, composed of sheets "A," "B," and "C" At the blank space following " No." at the top of each sheet, department warrant number must be placed if deporta- tion occurs pursuant to warrant, and local correspondence file number if it occurs pur- suant to rejection by a board. 72 IMMIGBATION EULE& out, the former in relation to the inland journey as far as such frontier.* SuBD. 4. WJien Secretary wiU employ attendants. — ^Whenever, without excuse satisfactory to the immigration officer in charge at the port of embarkation, a steamship company has failed for a period of 90 days after departure of an alien requiring special care and attention under this rule to comply with any of the terms thereof, including cases in which it has failed to return sheets " B " and " C " properly filled out, such immigration officer shall report this fact I ormwith to the bureau, and thereafter the Secreary oi Labor, with- out further notice and during such period as he shall determine, will exercise his ri^ht (sec. 20) to employ suitable persons to accompany to their final destination aliens deported on a vessel of such steam- ship company requiring special care and attention. Instructions as to compensation of such attendants, their mode of travel, their right of access to the alien during the ocean voyage, and other necessi^ry matters will be given in each case as it arises. Kale 24. SUBP(ENAING WTTKESSES. Subdivision 1. WTien power shall he exercised. — ^The provision of section 16 authorizing commissioners of immigration and inspectors in charge to subpoena witnesses and require the production of books, papers, and documents is intended to aid, not to impede, the immi- gration officers in the performance of their duties. The power to issue subpoenas will be exercised, therefore, only when absolutely necessarv. Whenever an inspector conducting an investigation or a board oi special inquiry holding a hearing is of opinion that a cer- tain witness whose testimony is deemed essential to a proper decision of the case wiU not appear and testify or produce books, papers, and documents unlei^ commanded to do so, such inspector or the chairman of such board shall request the commissioner or inspector in charge to issue a subpoena and have it served upon such witness. If an alien or his authorized representative requests that a witness be subpoenaed, he shall be required, as conditions precedent to the granting of the request, to state in writing what he expects to prove by such witness or the books, papers, and documents indicated by him and to show affirmatively that the proposed evidence is relevant and material and that he has made difiigent efforts without success to produce the same. The examination of the witness or of the books, papers, and documents produced by him shall be limited to the purpose specified in the written assignment of the alien or his authorized representa- tive. But when a witness has been, examined by the investigating officer and counsel has not had an opportunity to cross-examine such witness and it is apparent or is shown that such witness will not ap- pear for cross-examination unless commanded to do so, a subpoena shall issue. Sued. 2 Hom pamer exercised. — ^Upon determining that rt witness whose evidence is desired either by the Government or the alien will not be likely to appear and testify, or produce written evidence unless commanded to do so, the commissioner or inspector in charge shall issue a' subpoena and. have it served upon the witness by an ^When foreign public officials have taken charge at the port of debarkation It wlU be unnecessary to fill out any portion of the form on the upper naif of sheet " C." IMMIORA.TI0K BULBS. 73 iinm^ration officer or employee, in conformity with this rule, due record of such service to be made. If the witness neglects or refuses to respond to the subpo^a, the United States attorney of the proper (Ustrict shall be requested so to report to the appropriate district court, with a motion that an order be issued requiring the witness to appear or to produce written evidence, as contemplated by section 16, or for action as therein specified in the event of continued neglect or refusal. SuBD. 3. Eofpenses of wUnessea. — ^The law does not provide for the payment of fees by the Government in these cases, if a witness subpoenaed at the request of the alien or his representative demands that he be recompensed for time lost from his employment, arrange- ments therefor must be made by the alien or his representative as a c(Midition precedent to the issuance of the subpcwia. If the witness is subpoenaed at the request of an inspector or the chairman of a board, reconipense can not be allowed. SuBD. 4. Reports. — Commissioners or inspectors in charge shall submit promptly to the bureau a report of each subpoena issued under the terms of this rule. Role 25. HOLDING AS WITNESSES ALIENS ORDERED DEPORTED. SrrM)ivisiON 1. WhenecBmefordepbHcstion existed prior to entry. — It is provided by section 18 that the department may stay the deporta- tion " of any aliens found to have come in violation of any provision " of the immigration act when the testimony of such aliens is necessary on behalf ofthe United States in the prosecution of offenders amin^ the immigratfbn act or any other law of the United States, and that the cost of maintenance and a witness fee in the sum of $1 per day may be paid by the department in each such case, or the alien witness may be released under bond of not less than $500 conditioned for his production when required as a witness or for deportation. Therefore the alien to be detained must have come to the United States in viola- tion of the immigration act, and his deportation must have been stayed by the department, beiore detention charges and witness fees, or release under bond, can be authorized ; and such authorizatimi can be given only in cases in which at least one cause for the proposed deportation of the alien arose prior to entry. Such cases should be reported promptly to the bureau, with a statement of all facts and circumstances material to decision of the question whether the au- thorization desired shall be granted. Vouchers for witness fees should be stated in fayor of eadi witness^ and submitted at the close of each month or, if detention is for less than one month, at the con- clusion of such detention. Maintenance charges wiU be vouchered in the regular way applicable to such bills. SuBD. 2. When cause for deportation has arisen subsequent to entry. — Cases in which there exists no cause for deportation arising prior to entry (for example^ cases in which aliens have become mem- bers of the immoral or criminal classes after landing) are not within the purview of the provision of section 18. In such cases, therefore, when it becomes necessary to hold an alien as a witness, arrangements therefor must be made with the appropriate United States attorney. The issuance of warrants of deportation in these classes of cases will ■' ' ■ ' ^ ' ■ ■ ■ I ■ ^^^MiM^^^— ^ ■ ■■ I ^ I ^ I I ■ I ■ I ■ I ■ ■ I ■ ■■■■■II. ■■ ■ I I II » I ■ ■ I ■ ■ ■■ ■ w^ II ■■ ^1 I ■■ — ^B^i— ^mmmt 1 Form 574. 74 IMMIGRATION BULEft. be withheld pending the termination of judicial proceedings, so that the witnesses may be bound over arid detention expense and witness fees paid by the Department of Justice. Bde 2«. DETENTION EXPENSES. Subdivision 1. Responsibility of transportation compames. — ^The owners, masters, agents, and consignees of vessels bringing aliens shall pay all expenses incident to or involved in their removal from the vessel or their detention as mentioned in l*ule 3 hereof (excepting only in cases in which it is otherwise provided by section 18, or in which detention occurs under the terms of section 22), irrespective of whether the aliens removed or detained are subsequently acunitted or deported ; such expenses to include those of maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation ; also all expenses of hospital treatment where granted under section 18 and supdivi- sion 2 {c) of Rule 19. When aliens are fed under an exclusive privilege (sec. 26), the expenses of inaintenance generally shall be deemed the charges at which the privilege holder agrees to furnish them food. At ports where the Immigration Service maintains hos- pitals the hospital expenses shall be such as are fixed by the depart- ment, and at other hospitals th%y shall be such as are fixed by the authorities thereof. Sued. 2. Accompam/ing aliens. — ^If in the judgment of the office^ in charge, based upon the expressed opinion of a surgeon, it is neces- sary for the proper care of an aUai removed to hospital or as a measure of humanity to place with him there an attendant or aocom- Eanying ali^i, the cost of the latt^r's detention in hospital mu^ be ome in the same manner as is the oost of treating the disabled alien. StJBD. 8. Securing payment. — ^Inmiigration OTO»rs are under no obligation to order the removal of aliens from a vessel for inspection or hospital treatment imtil the steamship comnpanies h«ve omitted themselves in a manner satisfactory to such omcers for the payment of the expenses hereinbefore referred to, and aft their option they may require payment in advance, or security, for eadi and ^very one thereof; and for failure on the part of a ^amship company at any time during the course of detention to pay such expenses, the aliens may be returned to the vessel.^ Sued. 4. Expenses for which transfportation companieis not respon- sible. — ^Detention expenses shall be borne bjr ttie Govemm^nt in cases of (a) aliens held as witnesses under section .18, (6) insane aliens whose health or safety would be unduly imperiled by immediate deportation (sec. 18), and (c) in cases in which the wives and minor children of naturalized citizens are accorded treatment under section 22 and subdivisions 1 and 2 of Rule 19, when it is satisfactorily shown that the husband or father is unable to pay such expenses. They shall be borne by the husband or father of the alien, when he is able to pay them, in cases in which treatment of a wife or minor child is authorized under said section and rule ; and always by the husband or father when he is merely a permanent resident, not a naturalized citizen, of the United States^ whose wife or child is allowed treatment under section 22 and subdivision 2 of Rule 19. Preferably they shall 1 See sees. 11 and 15. IMMIORATIOK BULBS. 75 be paid by the alien, but ma;^ be paid from the immigration appro- priation under special authority, (a) where it is necessary to hold the alien after adrms^ion in accordance with Rule 20^ and (&} in the cases of wives and minor children of naturalized citizens accorded treat- ment under section 22 and subdivisions 1 and 2 of Bule 19. SuBD. 6. Expense of tetwnrmyg aliens to vessels. — ^The expense of returning rejected aliens to vessels for deportation is a part of the expense of the return of such aliens to the country whence they came. SiTBD. 6. Presentation of bills. — ^Bills pertaining to any of the ex- penses in this rule mentioned shall be presented to the steamship com- panies responsible, monthly or oftener at the option of the officer in charge, and, if* not promptly paid, action shall be taken immediately, as prescribed by Rule 28. ■d* 17. ALDDC OONTRACt LABOSIKS. Subdivision 1. Who are. — Contract laborers are aliens " who have been induced, assisted, encoui^affed, or solicited to migrate to this country by offers or promises oi employment, whether such offers or promises are true or false, or in consequence of agreem^its, oral, written, or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled," or "persons who have come m consequence of advertisements for laborers printed, pub- lished, or distriouted in a foreign country " (sec. 3). SuBD. 2. Exemptions, — ^Aliens falling within the foregoing defini- tion may be admitted to the United States, however, upon presenting satisfactory evidence that they are: a) Prodfessional actors; o) Professional artists; cj Professional lecturers; ?) Professional singers; ^e) Professional nurses (i. e., trained nurses holding diplomas from recognized nurses' training schools or hospitals) ; 7) Ministers of any religious denomination; g) Professors for colleges or seminaries; h) Persons belonging to any recognized learned profession; i) Persons employed as domestic servants (i. e., employed in household affairs, as distinguished from work not immediately con- nected with the conducting of a family establishment, and as dis-- tinguished from personal service such as that rendered by valets and ladies' maids) ; (j) Otherwise admissible skilled labor, if labor of like kind un- employed can not be foimd in this country and the Secretary has ffranted permission in advance of the migration of such skilled la- borers for their importation (sees. 3 and 6). (k) Exhibitors and employees of fairs and expositions authorized by Congress. SuBD. 3. Advance applications for privilege of importing skilled labor. — Applications for permission to import otherwise admissible skilled labor in accordance with sections 3 and 5 and paragraph {j) of subdivision 2 hereof shall be submitted by the person, company, or corporation seeking such privilege to the immigration official m charge of the district within which it is proposed to employ such skilled labor. The application shall be in the form of an affidavit, 76 IMMIOBATION RULES. drawn in triplicate, and shall state clearly all facts and circomstaBOis material tatne case, including (a) the number and sex of the persoo^ whom the appUcant desires to import, (b) a nontechnical descriptiim of the work which it is intended they shall perform, (c) whether the industry is already established or is new in the United States, (d) the approxunate length of time required for one to become skilled in the trade, (e) the wages paid and hours of labor required, {f) whether or not a strike exists or is threatened among applicant's employees or there is a lockout a^inst such employees, (^) what city or cities if any constitute uie center of the trade m this country, (A) whether or not there are any journals specially devoted to the industry, and (i) the nature of the efforts if any made to secure the desired labor in the United States and the results of such efforts. The application shall be supported bv such affidavits (also in triplicate) as the applicant can furnish. The applicant shall also furnish, or agree to furnish at a later date, the names^ ages, nation- ality and last permanent foreign residence of the aliens whom he desires to import^ and the name of the port at which and of the vessel by which they will arrive, and the date of the proposed arrival. SuBD. 4. Investigation of application. — ^Thereupon the immigra- tion official in charge shall conduct a thorough investigation (using contract-labor inspectors employed in pursuance of section 24 when- ever practicable) and shall forward two copies each of the applica- tion, of the accompanying affidavits, and of the report of the investi- gation, respectively, togetner with his recommendation, to the bureau. The entire record will then be summarized by the bureau and sub- mitted to the department with appropriate recommendation. Coun- sel may be employed in connection with such cases before the office of the immigration official in charge or the bureau, or both^ but all evi- dence shall be submitted to and investigated by the immigration official in charge. SuBD. 6. Decision upon application. — ^When a decision is rendered by the Secretary upon the application the immigration official in charge shall be notified immediately, and he in turn shall notify the apphcant of the purport of such deci^cm. If it is favorable, a copy or the record will be transmitted to the port at which it is proposed the alien contract laborers shall enter, with instructions to the immi- gration official there in charge to admit such laborers if upon arrival and examination they are found to be admissible under all other pro- visions of the law. SuBD. 6. Admission of ''student lahorers^^ — ^In pursuance of the provision of section 3 authorizing the bureau and the department to prescribe conditions " to control and regulate the admission and re- turn of otherwise inadmissible aliens applying for temporary admis- sion," employers of skilled labor desirous of training aliens in their establishments may be granted such privilege by the department, provided the prospective " student laborers " are admissible in every other respect except that they migrate under contact, and provided a bond is furnished for each such alien in the penalty of not less than $500, guaranteeing that the alien will be employed in no other than a student capacity while within the United States and will leave this country immediately upon the conclusion of his course of training. Applications for this privilege and proof in support thereof should IMMIGRATION BULBS. 77 be submitted in substantial accordance with the provisions of subdi- vision 5 hereof. SuBD. 7. Exhibitors and their employees. — ^Exhibitors and holders of concessions or privileges for any fair or exposition authorized by act. of Congress may brmg into the United States under contract alien mechanics, artisans, agents, and employees. Special regulations cooiceming the admission and return of such aliens will be issued if and whenever a fair or e2cpositi(Hi is authorized by Congress (sec. 3). Such aliens, unlike others exempted from the contract-labor provi- sipns, ure also exempted from the illiteracy test. Rde 28. COLLECTING ADMINISTRATIVE FINES UNDER SECTIONS 7. t. 14. U, 18. 20. 88. AND 88. Subdivision 1. Medical certificate under sections 9 and 35. — ^When- ever an arriving alien or seaman is found to be afUcted with any of the diseases or disabilities mentioned in section 9 or section 35, and in the judgment of the medical examiner such disease or disability existed at the time of foreign embarkation and might have been detected by means of a competent medical examination at such time, he shall so certify. SuBD. 2. Notice of intention to fine. — {a) Upon the receipt of a certificate of the kind described in subdivision 1 hereof in cases of aliens suflfering with any of the physical or mental afflictions or de- fects mentioned in section 9 or section 35 ;^ or {h) Upon becoming satisfied that any alien has been brought to this country after having been solicted, invited, or encouraged to come in violation of section 7 ;* or {c) Upon becoming satisfied that any alien excluded by the terms of section 3 as illiterate or as a native oi that portion of the continent of Asia and the islands adjacent thereto described in said section has been brought in violation of section 9;* or {d) Upon becoming satisfied that there has been a refusal or fail- ure to deliver accurate and full manifests or statements oir informa- tion regarding aliens brought into or carried out of the United States in violation of seqtion 14 ;* or {e) Whenever there has been any refusal or failure by the master, owner, agent, or consignee of a vessel to defray any of the expenses specified in section 16;* or (/) Whenever there has been any refusal or failure by any master, purser, person in charge, agent, owner, or consignee of the kind specified in section 18, or any such party has made any charge or taken any security covering return expenses of an alien, or taken any consideration to be returned in case the alien is landed, or knowingly brought to the United States any alien rejected or arrested and de- ported within a year previously m violation of said section ;• or {g) Whenever any master, agent, owner, or consignee of any ves- sel has failed or refused to take on board, guard safely, and trans- port to specified destination any deported alien, in violation of sec- tion 20;^ or (A) tjpon becoming satisfied that there has been a failure of the owner, agent, consignee, or master of any vessel to furnish the lists lUse Form 670. "Uge Fonn 674. « Use Form 671. • Use Form 676. « Use Form 672. ' Use Fonn 676. ♦Use Form 678. 78 IMMIGBATION RULES. of arriving, illegally landing, departing, discharged, deserted, or landed seamen required by section 36 ; * — The officer in charge shall serve promptly upon the master, agent, owner, or consignee- of the v^ael, or other rosponsible person, a nolioe to the effect that the ascertained facts indicate that a fine ^ould be imposed under the section of the law involved in the particular case ; that he will be allowed 60 days from the date of service of the notice within which to submit evidence and be heard in reference to the matter; and that in the meantime the vessel on which the alien arrived will be granted clearance papers upcm conditicm tibathe de- posit with the collector of customs, prior to the time of sailing, a sum equal to the fine specified in the said notice, such sum to be held as security for the parent of the fine in the event it should be im- posed, and, in cases arising imder section 9, a sum equal to that paid by the alien involved for his transportation to this country from the initial point of departure, such latter sum to be held by the collector of -customs in a special deposit and to be delivered to tne alien when deported through the immigration official in charge at the port. ouBD. 3. Service of nottoe. — Such notice shall be prepared in triplicate. The original shall be served on the master, agent, owner, or consignee of the vessel either by (a) delivering it to him in person, or (h) leaving it at his office, or, whenever the immigration officer in charge finds either of these methods of service inconvenient, (g) mailing it to him. When service is made by delivery it shall be ad- mitted in writing upon the duplicate and triplicate and the admis* sion witnessed by the server. If admission be refused, or in case of service by either of the other methods, the server shall note the method and date of service on the duplicate and triplicate. The duplicate shall be retained by the immigration officer in charge. The triplicate shall be delivered to the collector of customs for the dis- trict wherein the port of arrival is located, who shall withhold clear- ance papers until the deposit is made. SuBix 4. Subrmssion of evidence and report. — ^If said deposit be made, further proceedings shall be suspended during said period of 60 days or until earlier submission of evidence to show why said fine should not be imposed. Such evidence, if submitted, shall be for- warded to the bureau, together with the medical certificate, the dupli- cate notice^ and the data or evidence on which the nc^ice was based ; and the omcer in charge shall present at the same time his written views as to whether the fine should be imposed. If within 60 days no evidence has been submitted, or as soon as it is known that the fine will not be contested, the officer in charge shall report the facts to the bureau. SuBD. 5. Remdssion or mitigaMon of fine prescribed by section 36, — The fine prescribed by section 35 for bringmg to United States ports as employees of vessels aliens afflicted with idiocy, imbecility, insan- ity, epilepsy, tuberculosis in any form, or a loathsome contagious or dangerous contagious disease will be mitigated or remitted by the department only upon a clear and convincing showing to the effect that the imposition of the full penalty or of any part thereof would be unjust or inequitable under the shown circumstances of the partic- ular case, including the submission of satisfactory evidence that the lUse Form 677. IMJiHGIUTION BULBS. 79 seamen were subjected te a ccmipetent medioal esamiBation before being signed on as members of the crew. SuBD. 6, Action on decision. — ^Upon receipt of departmental deci- sion the collectcHT of customs shall be notified of its terms. If the fine is imposed, the amount retained as security^ shall be deposited and accounted for by the collector. If the fine is not imposed, he shall return such amount. RaU 2ft-A. PROSECUTHHiS IN PUBSUANCB OP SECTION It. In order that the department may mtelligently and fairly exer- cise the discretion vested in it by section 10 to determine whether proceedings brought thereunder shall be in personam or in rem, Commissioners of Immigration or inspectors in charge shall when- ever they^ ^.scertain or have reason to believe that the provisions of said section have been violated by any person or by any owner, officer, or agent of a vessel or transportation line, promi)tly serve notice upon such person, owner, officer, or affent that it is his in- tention to recommend to the Secretary of Labor that a profjecution be brought; and such person, owner, officer, or agent si^all be al- lowed 60 days within which to submit to the department, through the Commissioner of Immigration or inspector m charge and the Commissioner General of Immigration, a statement of reasons why the proposed proceedings should not be brought or why they should be in personam rather than in rem. Role 29. REPORTING CONDITION OF VESSELS. In pursuance of section 11, immigration officers who board vessels arrivmg at United States ports for the purpose of inspecting passen- gers or crew shall observe the conditions prevailing upon the vessel with respect to sanitation and the comfort of passengers and crew ; and such officers m every instance shall submit a report (in tripli- cate) to the immigration c^cial in charge at the port. Two copies of such report diall be forwarded to the bureau, in order that such further action as may be deemed necessary may be taken. Rote SO. ACCOUNTING FOR HONEYS RE^BIVSn. All moneys collected on account of head tax, for rentals of ex- clusive privileges at immigration stations, and as fines for violations of the immigration laws (whether imposed by the department or the courts) ^all be deposited to the credit of the Treasurer of the United States on account of miscellaneous receipts, with an assistant treasurer of the United States, or with a national bank designated as a depositary, in the same manner as other miscellaneous collections are deposited. Separate accounts of the receipts and expenditures of money under the act shall be rendered monthly to the Secretary of the Treasury .through the bureau on the appropriate forms. Moneys collected on account of hospital expenses of detained aliens shall be deposited to the credit of the appropriation " Expenses of regulating immigration " for the fiscal year in which such expenses were incurred. 80 IMMIGRATION BXJLES. Bate tl. ATTORNBTS AND OTHER REPRB8BNTATIVE& Subdivision 1. Admission to vracUce. — ^No person who has been convicted of any crime or misdemeanor deemed by the bureau to involve moral turpitude, or who is disbarred from practice before any court of record in the United States, shall be permitted to ap- pear, as an attorney on behalf of an alien. Any person desiring to appear on behalf of an alien may be required to submit proof to show that he is a person of good character and reputation, and if such proof fails to satisfy the immigration officer in charge he shall forward it to the bureau for determination as to whether or not such person shall be permitted to practice before the immigration au- thorities. Any unseemly or unprofessional conduct on the part of an attorney shall be similarly reported to the bureau. Sued. 2. Change of representative. — Pending an appeal or war- rant proceedings no alien shall change his representative except upon such reasonable terms as the immigration omcer in charge shall pre- scribe, nor shall such change be permitted to delay the conduct or . disposition of the matter pending. DUBD. 3. Fees of attorneys^ etc. — ^Attorneys and persons appearing in behalf of aliens applying for admission shall not charge a sum ex- ceeding $10 in each case unless the immigration officer in charge shall in writing allow an additional compensation. Should any alien be so poorly supplied with money that the payment by him of a fee of $10 would impair seriously his chance of admission or increase materially the likelihood of his becoming a public charge if admitted, no fee mav be charged. A family or party of aliens traveling to- other shall be regarded as constituting a single case within the mean- ing hereof. If an attomej deems himself entitled to a larger fee or if it is necessary for him to incur expenses, he shall report the facts to the immigration oflBicer in charge when applying for the privilege of charging an additional fee or claiming reimbursement for expenses. If permission be granted, he shall collect such addi^ tional fee and expenses only tnrough the immigration officer in charge. SuBD. 4. Disbarment of attorneys. — ^Anyone charging an alien a fee prior to his detention, or charging or receiving from an alien or his relatives or friends a fee, gift, or compensation for his services in excess of the above rate, except in the manner provided, or who shall deprive an alien of any part of his chattels or effects in lieu of or as security for said fee, if unable after a fair opportunity to answer the complaint, will be disbarred by the department (to which a full report of the matter shall be maae) from practicing at any immigration station of the United States. Rvle 82. POSTING OF OfBOGRATION LAWS. Upon application by any transportation company the bureau will furnish a summary of the act of February 6, 1917, in English, a posting of which, in appropriate foreign languages, will be regarded as an observance of the spirit of section 8 of the act of March 3, 1893. Certificates in relation to posting of the immigration laws and other matters, which, under said law, transportation companies must file, shall be filed with the bureau on January 1 and July 1 each year. IMMIGRATION RULES. 81 Rale 83. SERVICE UNIFORMS. Officers and employees of the Immigration Service, whether sta- tioned at ports of entry or elsewhere, shall wear, while on duty, the uniform prescribed by the bureau, unless otherwise specially directed in writing.^ Rale U. OFFICX4L CORRESPOXDENCE. Correspondence and reports shall be sent through official chan- nels addressed to the Ctmmiissioner Cteneral of Immigration, Wash- ington, D. C. Telegrams shall be addressed "Immigration bureau, Washington, D. C." ; and in telegraphing, the code provided by the bureau Siall be used to the fullest extent possible. Rale 35. ADMINISTRATIVE DISTRICTS. For convenience in enforcing both the immigration laws and the Chinese-exclusion laws, the territory within which immigration offi- cials are located is divided into districts, under the jurisdiction of commissioners of immigration or inspectors in charge, numbered, de- fined, and with headquarters fixed, as follows: ^For further particulars regarding uniforms, see old issues of this pamphlet. 165811°— 20 G IHUIGBATION BULES. Inspected in cba^e. Inapactor In ohaixe ■ CommisalaQSr al Im- gntlm. Inspector is ebvge. Inapactor In chugg. Location of bBadqturt«ra, Umlml, FTOTln« of QuabM.Cviaila. BMiin,Uim sun blind, N«r York Hubo. Dnittd 8tat«a Bvn Offlot, New Yok, N.Y, PhUaddphla tmnil- nstionStatlon, &IoueMtecat7,N.I. Baltimoro.Ud.... NtrlOIk,Va lBCkBcmTUIa,FU.. Nnr Orleans, La. . aavebuvl.Ohlo.-.. Chiago.ni Ii£lnnMpoll!i,Ulnn. St.LouEa.Ma Denver, Colo. Esleiu.llont Seattle, Wuii Portlamd,Ores..... SanFreodMOjCal. Plttabanh, Pa Ketcbikau, Alosln . Son Juan,P.R Bondulu, Hawaii. . El Pooo, Tex. Eastern CBnodlan onpoHs and Caoodlan border MSt of the easterly line o[ Hcntona. Kew England States, Inchidlnx port of Bceton and ■nbpcrts ol Pcrtland, New BKUord, oad Provl- Naw York and New Jasaj; tminlgnttloD matters NewYvkandNoirJeney; Chlnta* matters on^i. lUssouri, Iowa, eastern Nebraska, aasteni and agittsm OUohoma; subataUms al City uid Omaba. Colorado, Wyoming. Utah, wcetem Nebraska, weetem Euisai, and wtof — ■^■-■-i — ■- sUtltnat Bolt Lake City. tata of WaaUnttfoi, tsd Canadian birder vest of tbeeastvlTllneotHaitana; pert of Seattle and snbptrts el Vanoouvcr, Vlototla, Taooma, Fort Townsand, Hoqidam, Erent t, and Bellliigliain: snliMatltau, Spokane, Volb Walla, Custer, and Nooksaok. Oreocn; portotPorttandandaabpartof Astwia. NatbemCalUanlaandlJevada; port of Bon Fiao- . ' oug^ saanouQtQ gjid sujBiQ^ 'Iraida and West Vlrglnta. ' ' "~ ' abstaUcmsofBkae- FonoRieo; pert cf San loan and sabpcrtB<4Paioe andUayaniai. rerritor; ol Haw^, including all porta. reios, eioept port.on oon — '-' — .»-•-■- New Heuoo, Arliono, Ouu au Inohidlng HBports and border . way end Nome. Approved. W. B. Wilson, Secretary A. CAmNBTTI, Commissioner Genercd. APPENDIX. LAWS NOT REPEALED OR REENACTED BY THE IMMIGRATION ACT OF FEBRUARY 5, 1917. ESTABLISHING THE IMMIGRANT FUND. [Act of August 3, 1882 (22 Stat. L., 214).] Section 1. That there shall be levied, collected, and paid a duty of fifty cents for each and every passenger not a citizen of the United States who shall come by steam or sail vessel from a foreign port to any port within the United States. The said duty shall oe paid to the collector of customs of the port to which such passenger shall come, or if there be- no collector at such port, then to the col- lector of customs nearest thereto, by the master, owner, agent, or consignee of every such vessel, within twenty-four hours after the entry thereof into such port. The money thus collected shall be paid into the United States Treasury and shall constitute a fund to be called the immigrant fund and shall be used, under the direction of the Secretary of Labor, to defray the expense of regulating im- migration under this act and for the care of immigrants arriving in the United States, for the relief of such as are in distress, and for the general purposes and expenses of carrying this act into effect. The duty imposed by this section shall be a lien upon the vessels which shall bring such passengers into the United States, and shall be a debt in favor of the UnitSi States against the owner or owners of such vessels, and the payment of such duty may be enforced by any legal or equitable remedy : Provided^ That no greater sum shall be expended for the purposes hereinbefore mentioned, at any port, than shall have been collected at such port.* PBOHIBmNG IMPORTATION OF LABORERS UNDER CONTRACT. [Act of February 26, 1885 (23 Stat. L., 332).] 4t 4t 4t 4t * 4t « Sec. 2. That all contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership, or corporation, and any foreigner or for- eigners, alien or aliens, to perform labor or service or having refer- ence to the performance of labor or service by any person in the United States, its Territories, or the District or Columbia, previous to the migration or importation of the person or persons whose labor L See sec. 2, act Feb. 5, 1917. 83 84 IMMIGRATION LAWS NOT REPEALED. or service is contracted for into the United States, shall be utterly void and of no effect.^ AUTHORIZING PAYMENT TO INFORMER IN CASES OF VIOLATION OF CONTRACT- LAROR LAW. [Act of October 19, 1888 (26 Stat. L., 566).] Section 1. * * * , That the act approved February twenty- sixth, eighteen hundred and eightv-five, entitled "An act to prohibit the importation and migration of foreigners and aliens imder con- tract or agreement to perform labor in the United States, its Terri- tories, and the District of Columbia," be, and the same is hereby, amended so as to authorize the Secretary of Labor to pay to an in- former who furnishes original information that the law has been violated, such a share of the penalties recovered as he may deem reasonable and just, not exceeding fifty per centum, where it appears that the recovery was had in consequence of the information thus furnished. ESTARUSHING THE OFFICE OF SUPERINTENDENT OF IMMIGRATION. [Act of March 3, 1801 (26 Stat. L., 1084).] Sec. 7. That the office of Superintendent of Immigration is hereby created and established, and me President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer, whose salary shall be four thousand dollars per annum, pay- able monthly. The Superintendent of Immigration ^all be an officer in the Department of Labor, under the control and supervision of the Secretary of Labor^ to whom he shall make annual reports in writing of the transactions of his office, together with such special reports, in writing, as the Secretary of Labor shall require. The Secretary shall provide the superintendent with a suitably furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office as may be neces- sary. He shall have a chief clerk at a salary of two thousand dollars per annum, and two first-class clerks.^ AUTHORIZING THE PRESmENT TO SUSPEND IMMIGRATION FROM COUNTRIES IN WmCH CHOLERA OR OTHER INFECTIOUS OR CONTAGIOUS DISEASES EXIST. [Act of February 15, 1893 (27 Stat. L., 449).] Sec. 7. That whenever it shall be shown to the satisfaction of the President that by reason of the existence of cholera, or other infec- tious or conta^ous diseases, in a foreign country there is serious danger of the mtroduction of the same into the United States, and that notwithstanding the quarantine defense this danger is so in- creased by the introduction of persons or property from such coun- try that a suspension of the right to introduce the same is d^nanded, in the interest of the public health, the President shall have power to prohibit, in whole or in part, the introduction of persons and prop- * See sees. 3, 5, 6, and 7, act of Feb. 5, 1917. * Bee sec 1, act Mar. 2, 1895, and sec. 23, act Feb. 5, 1917. IMMIGRATION LAWS NOT REPEALED. 85 erty from such countries or places as he shall designate and for such period of time as he may deem necessary. REQUIRING STEAMSHIP OR TRANSPORTATION COMPANIES TO POST COPIES OF IMMIGRATION LAW IN FOREIGN COUNTRIES. [Act of March 3, 1893 (27 Stat. L., 669).] Sec. 8. That all steamship or transportation companies, and other owners of vessels, regularly engaged in tran^orting alien immi- grants to the United States, shall twice a year file a certificate with the Secretary of Labor that they have furnished to be kept con- spicuously exposed to view in the office of each of their agents in foreign countries authorized to sell immigrant tickets, a copy of the law of March third, eighteen himdred and ninety-one, and of all subsequent laws of this country relative to immigration, printed in large letters, in the language of the country where the copy of the law is to be exposed to view, and that they have instructed their agents to call the attention thereto of persons contemplating emigration be- fore selling tickets to them ; and in case of the failure for sixty days of any such company or any such owners to file such a certificate, or in case they file a false certificate, they shall pay a fine of not exceeding five hundred dollars, to be recovered in the proper United States court, and said fine shall also be a lien upon any vessel of said com- pany or owners found within the United States.^ AUTHORIZING APPOINTMENT OF COMMISSIONERS OF IMMIGRATION. [Act of August 18, 1894 (28 Stat. L., 872).] Section 1. The commissioners of immigration at the several ports shall be appointed by the President, by and with the advice and con- sent of the Senate, to hold their offices for the term of four years, un- less sooner renjoved, and until their successors are appointed; and nominations for such offices shall be made to the Senate by the Presi- dent as soon as practicable after the passage of this act. CHANGING TITLE OF SUPERINTENDENT OF IMMIGRATION TO COMMISSIONER GENERAL OF IMMIGRATION. [Act of March 2, 1895 (28 Stat. L., 764).] BUKEATT OF IMMIGRATION. That the Superintendent of Immigration shall hereafter be desig- nated as Commissioner General of Immigration, and in addition to his other duties shall have charge, under the Secretary of Labor, of the administration of the alien contract-labor laws, etc.^ 1 See Rule 32 for time of filing. > See sec. 7, act Mar. 3, 1891, and sec 23, act Feb. 5, 1017. 86 IMMIGRATION LAWS NOT BEPEALED. PLACING THE ADIONISTEATION OF THE CHINBSE.BXCLUSION LAWS IN CHABGB OF THE COMMISSIONER GENERAL OF IMMIGRATION. [Act of JBBe 6, 1900 (81 Stet. L., 611).] And hereafter the Commissioner General of Immigration, in addi- tion to his other duties, shall have charge of the administration of the Chinese-exclusion law and of the various acts regulating immi- Ration into the United States, its Territories, and the District of Columbia, under the supervision and direction of the Secretary of Labor. REGULATING ADMISSION OF CHINESE AND OTHER ALIENS UNDER CONTRACT IF ENGAGED IN INSTALLING OR CONDUCTING EXHIBrrS, ETa [Act of AprU 29, 1902 (32 SUt. L., 176).] Sec. 3. That nothing in the provisions of this act or anv other act shall be construed to prevent, hinder, or restrict any foreign ex- hibitor, representative, or citizen of any foreign nation, or the holder, who is a citizen of any foreign nation, of any concession or privilege from any fair or exposition authorized by act of Congress from bringing into the United States, under contract, such mechanics, artisans, agents, or other employees, natives of their respective for- eign countries, as they or any of them may deem necessary for the purpose of making preparation for installing or conducting their exhibits or of preparmg for installing or conducting any business au- thorized or permitted under or by virtue of or pertaining to any con- cession or privile^ which may have been or may be granted by any said fair or exposition in connection with such exposition, under such rules and regulations as the Secretary of Labor may prescribe, both as to the admission and return of such person or pergpns. AUTHORIZING REFUND OF HEAD TAX [Act of February 8, 1905 (33 Stat. L., 684).] BUBEAU OF IMMIGRATION. Provided^ That the Commissioner General of Immigration, with the approval of the Secretary of Labor, shall have power to refund head tax heretofore and hereafter collected under section one of the immigration act approved March third, nineteen hundred and three, upon presentation of evidence showing conclusively that such collec- tion was erroneously made.^ * See Rule 1. In the act of Mar. 4, 1911, making appropriation for the conduct of fhi^ Immlfirration Service (36 Stat. L.. 1868. 1442) these refunds are authorized to be made oSy upon presentation of evidence showing conclusively that collection was made thro^lk error of Government ofUcerB." »'»fw»v'» IMMIGRATION LAWS NOT REPEALED. 87 CHARGING THE OFFICHBRS OF THE GENERAL GOVERNMENT OF THE PHILIPPINE ISLANDS WITH THE ADMINISTRATION OF THE IMMIGRATION LAWS OF THE UNITED STATES THEREIN. [Act of February 6, 1905 (33 Stat. L, 680).] ««♦♦♦♦♦ Sec. 6. That the immigration laws of the United States in force in the Philippine Islands shall be administered by the officers of the gen- eral government thereof designated by appropriate legislation of said government, and all moneys collected under said laws as duty or head tax on alien immigrants coming into said islands shall not be covered into the general fund of the Treasury of the United States, but shall be paid mto the treasury of said islands to be used and expended for the government and benefit of said islands. AUTHORIZING PAYMENT IN ADVANCE FOR SUBSCRIPTIONS FOR PUBLICATIONS. [Act of March 3, 1005 (33 Stat. L, 1156).] « ic « * ♦ « « Provided, That the annual subscriptions for publications for use in the Immignttion Service at large may be paid m advance. CONCERNING PASSPORTS, EXPATRIATION. REPATRIATION, AND CITIZENSHIP OF MARRIED WOMEN AND OF CHILDREN.^ [Act of March 2, 1007 (34 Stat. L., 1228).] Section 1. That the Secretary of State shall be authorized, in his discretion, to issue passports to persons not citizens of the United States as follows : Where any person has made a declaration of intention to become such a citizen as provided by law and has re- sided in the United States for three years a passport may be issued to him entitling him to the protection of the Government in any foreign country: Provided^ That such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Gov- ernment in the country of which he was a citizen prior to making such declaration of intention. Sec. 2. That any American citizen shall be deemed to have ex- patriated himself when he has been naturalized in any foreign State m conformity with its laws, or when he has taken an oath of alle- giance to any foreign State. When any naturauzed citizen shall have resided for two years in the foreign State from which he came, or for five years in any other foreign ^ate it shall be presumed that he has ceased to be an Ameri- can citizen, and the place of his general abode shall be deemed his place of residence during said years : Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided alsOy That no American citizen shall t!e allowed to expatriate himself when this country is at war. Sec 3. That anj American woman who marries a foreigner shall take the nationality of her husband.^ At the termination of the »See act of Oct. 5, 1917, p. 96. 'This provision ig congtitutional and means exactly what it says (McKenaie v. Hare. 289 U. S., 299). 88 IMMIGRATION LAWS NOT BEPEALED. marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul 01 the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. Sec. 4. That any foreign woman who acquires American citizen- ship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continues to re- side in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termi- nation of such marital relation. Sec. 6. That a child born without the United States of alien par- ents shall be deemed a citizen of the United States hj virtue of the naturalization of or resumption of American citizenship by the par- ent: Provided^ That such naturalization or resumption takes place during the minority of such child : And provided furtJier^ That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States. Sec. 6. That all children bom outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States ^ and who continue to reside outside tiie United States shall, in (wder to receive the protecticm of tins Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents and remain citizens of the United States and shall be further required to take the oath of allegiance to the United States upon attaining their majority. Sec. 7. That duplicates of any evidence, registration, or other acts required by this act shall be filed with the Departm^it of State for record. BEPEALING LAW ESTABLISmNG THE IBfMIGBAKT FUND. [Extract from the sundry civil appropriation act approved March 4, 1909 (under caption "PubUc Health Service," 35 Stat. L., 969).] ♦ ♦ * * ♦ ♦ Ht "In all, one million two hundred and sixty-six thousand seven hundred and fifty dollars, wMch sh/zU include the amownt necessary for the medical inspection of aliens^ as reqmred hy section seventeen of the act of Congress approved February twentieth^ mneteen hun- dred and seven^ and the provision of said section of said act requi/T" ing the reimbv/rsement hy the im/migraHon fwnd for said expenses is hereby repealed.'*'^ RELATING TO OUTWABD ALIEN MANIFESTS ON VESSELS BOUND TO CANADA OB BIEXICO. [Act approved March 4, 1909 (35 Stat. L., 1060).] Section 1. That until the provisions of section twelve of the im- migration act of February twentieth, nineteen hundred and seven, 1 Sec. 1993, E. S., reads as follows : "All children heretofore bom or hereafter bom out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided in the United States." ( IMMIGRATION LAWS NOT BEPEALED. ' 89 relating to outward alien manifests, shall be made applicable to pas^ sengers goiDg out of the United States to Canada by land carriage, said provisions shall not apply to passengers going by vessels em- ployed exclusively in the trade between the ports of the United States and the Domiuion of Canada and the Republic of Mexico. THE WHITE-SLAVE TRAFFIC ACT. [Act of June 25, 1910 (36 Stat. L., 826).] Section 1. That the term " interstate commerce," ^ used in this act, shall include transportation froni any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, and the term " foreign commerce," as used in this act, shall include transportation from any State or Territory or the District of Columbia to any foreign country and from any foreign country to any State or Territory or the District of Columbia. Sec. 2. That any pei^n who shall knowingly transport or cause to be transported^ or aid or assist in obtaining transportation for, or in transporting, in interstate or foreign commerce, or in any Terri- tory or in the District of Columbia, any woman or girl for the purpose of prostitution or debauchery, or for any pther immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl 'to become a prostitute or to give herself up to debauchery^ or to engage in any other immgral practice; or who shall knowmrfy procure or obtain, or cause to be procured or ob- tained, or aid or assist in procuring or obtaining, any ticket or tickets, or any form of transportation or evidence or the right thereto, to be used by anj woman or ^rl in interstate or foreign commerce, or in any Territory or the District of Columbia, in going to any place for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent or purpose on the part of such person to mduce, entice, or compel her to give herself up to the practice of prostitution, or to ffive herself up to debauchery, or any other immoral practice, whereby any such woman or girl shaU be transported in interstate or foreign commerce, or in any Territory or the District of Columbia, shaU be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment of not more than five years, or by both such fine and imprisonment, in the discretion of the court. Sec. 3. That any person who shall knowingly persuade, induce, entice, or coerce, or cause, to be persuaded, induced^ enticed, or co- erced, or aid or assist in persuading, inducing, enticing, or coercing any woman or girl to go from one place to another in interstate or foreign commerce, or in anjr Territory or the District of Columbia, for the purpose of prostitution or debauchery, or for any other im- moral purpose, or with the intent and purpose on the part of such person that such woman or girl shall engage in the practice of pros- titution or debauchery, or any other immoral practice, whether with or without her consent, and who shall thereby knowingly cause or aid or assist in causing such woman or ^rl to go and to be carried or transported as a passenger upon the line or route of any common carrier or carriers in interstate or foreign commerce, or any Terri- 90 IMMIQBATION LAWB NOT BEPEALED. toiy or the District of Columbia, shall be deemed guilty of a felony •and on conviction thereof shall be punished by a fine of not more than five thousand dollars, or by imprisonment for a term not ex- ceeding five years, or by both such fine and imprisonment, in the discretion of the court. Sec. 4. That any person who shall knowingly persuade, induce, entice, or coerce any woman or girl under the age of eighteen years from any State or Territory or the District of Cmumbia to any other State or Territory or the District of Columbia, with the purpose and intent to induce or coerce her. or that she shall be induced or coerced to engage in prostitution or debauchery, or any other immoral prac- tice, and shall in furtherance of such piUT)ose faaowingly induce or cause her to go and to be carried or transported as a passenger in interstate commerce upon the line or route of any common carrier or carriers, shall be deemed guilty of a felony, and on conviction there- of shall be punished by a fine of not more than ten thousand dollars, or by imprisonment for a term not exceeding ten years, or by both such fine and imprisonment, in the discretion of the court. Sec. 6. That any violation of any of the above sections two, three, and four shall be prosecuted in any court having jurisdiction of crimes within the district in which said violation was committed, or from, through, or into which any such woman or girl may have been carried or transported as a passenger in interstate or foreign com- merce, or in any Territory or the District of Columbia, contrary to the provisions of any of said sections. Sec. 6. That for the purpose of regulating and preventing the transportation in foreign commerce of alien women and girE for purposes of prostitution and debauchery, and in pursuance of and for the purpose of carrying out the terms of the agreement or project of arrangement for the suppression of the white-slave traffic, adopted July twenty-fifth, nineteen hundred and two. for submission to their respective governments by the delegates oi various powers repre- sented at the Paris conference and confirmed by a formal agreement signed at Paris on May eighteenth, nineteen hundred and four, and adhered to by the United States on June sixth, nineteen hundred and eight, as shown by the proclamation of the President of the United States, dated June fifteenth, nineteen hundred and eight, the Com- missioner General of Immigration is hereby designated as the author- ity of the United States to receive and centralize information con- cerning the procuration of alien women and girls with a view to their debauchery, and to exercise supervision over such alien women and [iris, receive their declarations, establish their identity, and ascertain rom them who induced them to leave their native countries, respec- tively; and it shall be the duty of said Commissioner General of Immigration to receive and keep on file in his office the statements and declarations which may be made by such alien women and girls, and those which are hereinafter required pertaining to such alien women and girls engaged in prostitution or debauchery in this coun- try, and to furnish receipts for such statements and declarations provided for in this act to the persons, respectively, making and filing them. Eveiy person who shall keep, maintain, control, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl within three years after IMMIGBATION LAWS NOT REPEALED. 91 she ^all have entered the United States from any country, party to the said arrangement for the suppression of the white-slave traffic, shall file with the Commissioner General of Immigration a statement in writing setting forth the name of such alien woman or girl, the place at which she is kept, and all facts as to the date of her entry mto the United States, the port through which she entered, her age, natioiiality, and parentage, and concerning her procuration to come to this country within the knowledge of such person, and any person who shall fail within thirty days after such person shall commence to keep, maintain, control, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl within three years after she shall have en- tered the United States from any of the countries, party to the said arrangement for the suppression of the white-slave traffic, to file such statement concerning such alien woman or girl with the Commis- sioner General of iSimipTation, or who shall faaowingly and will- fully state falsely or fail to disclose in such statement any fact within his knowledge or belief with reference to the age, nationality, or parentage of any such alien woman or girl, or concerning her pro- curation to come to this countrv, shall be deemed guilty ot a misde- meanor, and on conviction shall be punished by a fine of not more than two thousand dollars, or by imprisonment for a term not ex- ceeding two years, or by both sucn fine and imprisonment, in the dis- cretion of the court. In any prosecution brought under this section, if it appear that any such statement required is not on file in the office of the Commis- sioner General of Immigration, the person whose duty it shall be to file such statement shall be presumed to have failed to file said state- ment, as herein required, unless such person or persons shall prove otherwise. No person shall be excused from furnishing the state- ment, as required by this section, on the ground or for the reason that the statement so required by him, or the information therein con- tained, might tend to criminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any pen- alty or forfeiture imder any law of the United States for or on ac- coimt of any transaction, matter, or thing, concerning which he may truthfully report in such statement, as required by the provisions of this section. Sec. 7. That the term " Territory," as used in this act, shall include [ the district of Alaska^he insular possessions of the United States, f and the Canal Zone. The word " person," as used in this act, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any other person or by any corporatibn, company, society, or association within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such other person, or of such company, corporation, society, or association, as well as that of the person himself. Sec. 8. That this act shall be known and referred to as the " White- slave traffic act." 92 IMMIGRATION LAWS NOT REPEALED. REQUISING BBIMBUBSBMENT TO THE UNITED STATES OF EXPENDITURES FOR MAINTENANCE OF CERTAIN CHINESE PERSON& [Act of August 24, 1912 (37 Stat L., 475).] * « . 4e 4e 41 41 ^ Provided^ That all charges for maintenance or return of Chinese perscms applying for admission to the United States etoall hereafter be paid or reimbursed to the United States by the person, company, Partnership, or corporation bringing such Chinese to a port of the Fnited States as applicants for admission. CREATING THE DEPARTMENT OF LABOR. [Act of March 4, 1913 (37 Stat L., 736).] Section 1. That there is hereby created an executive department in the Government to be called the Department of Labor, with a Secretary of Labor, who shall be the head thereof, to be appointed by the President, by and with the advice and consent of the Senate ; and who shall receive a salary of twelve thousand dollars per annum, and whose tenure of office shall be like that of the heads of the other executive departments; and section one hundred and fifty-eight of the Revised Statutes is hereby amended to include such department, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made applicable to said depart- ment; and the Department of Commerce and Labor shall hereafter be called the Department of Commerce, and the Secretary thereof shall be called the Secretary of Commerce, and the act creating the said Department of Commerce and Labor is hereby aiaended accord- ingly. The purpose of the Department of Labor shall be to foster, promote, anci develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment. The said Secretary shall cause a seal of omce to be made for the said department of such device as the President shall approve and judicial notice shall be taken of the said seal. Sec. 2. That there shall be in said department an Assistant Secre- tary of Labor, to be appointed by the President, who shall receive a salary of five thousand dollars a year. He shall perform such duties as shall be prescribed by the Secretary or required by law. There shall also be one chief clerk and a disbursing clerk, and such other clerical assistants, inspectors, and special agents as may from time to time be provided for by Congress. The Auditor for the State and Other Departments shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary of Labor and of all bureaus and offices under his (iirection^ and all accounts relating to all other business within the jurisdiction of the Department of Labor, and certify the balances arising thereon to the division of bookkeeping and warrants and send forthwith a copy of each certifi- cate to the Secretary of Labor. Sec. 3. That the following-named offices, bureaus, divisions, and branches of the public service now and heretofore under the jurisdic- tion of the Department of Commerce and Labor, and all that pertains to the same, known as the Commissioner General of Immigration, the commissioners of immigration, the Bureau of Immigration and I IMMIGBAnOK LAWS NOT REPEALED. 98 Katuralization, the Diviaioii of Information, the Division of Natu- ralization, and the Immigration Service at Large, the Bureau of Labor, the Children's Bureau, and the Commissioner of Labor, be, and the same hereby are, transferred from the Department of Uom^ merce and Labor to the Department of Labor, and the same shall hereafter remain under the jurisdiction and supervision of the last- named department. The Bureau of Immigration and Naturaliza* tion is hereby divided into two bureaus to be known hereafter as the Bureau of Immigration and the Bureau of Naturalization, and the titles Chief Division of Naturalization and Assistant Chiei shall be Commissioner of Naturalization and Deputy Commissioner of Nat- uralization. The Commissioner of Naturalization or, in his absence, the Deputy Commissioner of Naturalization, shall be the administra- tive officer in charge of the Bureau of Naturalization and of the administration of the naturalization laws imder the immediate direc- tion of the Secretary of Labor, to whom he shall report directly upon all naturalization matters annually and as otiierwise required, and the appointments of these two officers shall be made in the same manner as appointments to competitive classified civil-service posi- tions. The Bureau of Labor shall hereafter be known as tiie Bureau of Labor Statistics, and the Commissioner of the Bureau of Labor shall hereafter be known as the Commissioner of Labor Statistics; and all the powers and duties heretofore possessed by the Conmiis- sioner of Labor shall be retained and exercised by the Commissioner of Labor Statistics; and the administration of the act of May thirtieth, nineteen hundred and eight, ^anthig to certain employees of the United States the right to receive from it compensation for injuries sustained hi the course of their employment. Sec. 4. That the Bureau of Labor Statistics, under the direction of the Secretary of Labor, shall collect, collate, and report at least once each year, or oftener it necessary, full and complete statistics of the conditions of labor and the products and distribution of the products of the same, and to this end said Secretary shall have power to em- ploy any or either of the bureaus provided for his department and to rearrange such statistical work and to distribute or consolidate the same as may be deemed desirable in the public interests; and said Secretary shall also have authority to call upon other departments of the Government for statistical data and results obtained by them; and said Secretary of Labor may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise. , Sec. 5. That the official records and papers now on file in and per- taining exclusively to the business of any bureau, office, depart- ment, or branch of the public service in this act transferred to the Department of Labor, together with the furniture now in use in such bureau, ofiBce, department, or branch of the public service, shall be, and hereby are, transferred to the Department of Labor. Sec. 6. That the Secretary of Labor shall have charge in the build- ings or premises occupied by or appropriated to the Department of Labor, of the library, furniture, fixtures, records, and other property Eertainin^ to it or hereafter acquired for use in its business ; he shall e allowed to expend for periodicals and the purposes of the library and for rental of appropriate quarters for the accommodation of the 94 IMMIGBATION LAWS NOT BEPEALED. Department of Labor within the District of Columbia, and for all other incidental expenses, such sums as Congress may provide from time to time: Provided^ however^ That where any office, bureau, or branch of the public service transferred to the Department of Labor by this act is occupying rented buildings or premises, it may still continue to do so until other suitable quarters are provided lor its use: And provided fwrther^ That all officers, clerks, and employees now employed in any of the bureaus, offices, departments, or branches of the public service in this act transferred to the Department of Labor are each and all hereby transferred to said department at their present grades and salaries, except where otherwise provided in this act: And provided further^ That all laws prescribing the work and defining the duties of the several bureaus, offices, depart- ments, or branches of the public service by this act transierred to and made a part of the Department of Labor shall, so far as the same are not in conflict with the provisions of this act, remain in full force and effect, to be executed under the direction of the Secretary of Labor. Sec. 7. That there shall be a solicitor of the Department of Jus- tice for the Department of Labor, whose salary shall be five thou- sand dollars per annum. Sec. 8. That the Secretary of Labor shall have power to act as mediator and to appoiiit commissioners of conciliation in labor dis- putes whenever in his judgment the interests of industrial peace may require it to be done; and all duties performed and all power and authority now possessed or exercised ryy the head of any executive department in and over any bureau, office, officer, board, branch, or division of the public service by this act transferred to the Depart- ment of Labor, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority conferred by law upon such bureau, officer, office, board, branch, or division of the public service, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Labor. Sec. 9. That the Secretary of Labor shall annually, at the close of each fiscal year, make a report in writing to Congress, ^ving an account of all moneys received and disbursed by him and his depart- ment and describing the work done by the department. He shall also, from time to time, make such special investigations and reports as he may be required to do by the President or by Congress, or which he himself may deem necessary. Sec. 10. That the Secretary of Laoor shall investigate and report to Congress a plan of coordination of the activities, duties, and powers of the office of the Secretary of Labor with the activities, duties, and powers of the present bureaus, commissions, and depart- ments, so far as they relate to labor and its conditions, in order to harmonize and unify such activities, duties, and powers, with a view to further legislation^ to further define the duties and powers of such Department of Labor. Sec. 11. That this act shall take effect March fourth, nineteen hun- dred and thirteen, and all acts or parts of acts inconsistent with this act are hereby repealed. IMMIGBATIOK LAWS NOT BEPEALED. 95 THE SEAMEN'S ACT. [A«t of March 4, 1916 (88 SUt lu, 1164).] Section 1. That section forty-five hundred and sixteen of the Revised Statutes of the United States be, and is hereby, amended to read as follows: " Sec. 4516. In case of desertion or casualty resulting in the loss of one or more of the seamen, the maister must ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same or higher grade or rating with those whose places they fill, and report the same to the United States consul at the first jjort at which he shall arrive, without incurring the penalty prescribed by the two preceding sections. This section shaU not apply to fishing or whal- ing vessels or yachts." Ht ♦ ♦ ♦ ♦ « ♦ Sec. 3. That section forty-five hundred and twenty-nine of the Revised Statutes of the United States be, and is hereby, amended to read as follows: t' Sec. 4529. The master or owner or [of] any vessel making coast- ing voyages shall pay to every seaman his wages within two days after the termination of the agreement under which he was shipped, or at the time such seaman is diajharged, whichever first happens; and in case of vessels making foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa^ within twenty- four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the teaman shall be entitled to be paid ajb the time of his dis- charge on account of wages a sum equal to one-thir^ part of the balance due him. Every master or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to two days' Eay for each and every day during which payment is delayed Byond the respective periods, which sum shall be recoverable as wages in any claim made before the court ; but this section shall not apply to masters^ or owners of any vessel the seamen of which are entitled to share in the profits of tne cruise or voyage." Sec. 4. That section forty-five himdred and thirty of the Revised Statutes of the United States be, and is hereby, amended to read as follows: " Sec 4530. Every seaman on a vessel of the United States shall be entitled to receive on demand from the master of the vessel to which he belongs one-half part of the wages which he shall have then earned at every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended, and all stijpulations in the contract to the contrary shall be void: Provided. Such a demand shall not be made before the expi- ration of, nor oitener than once in five days. Any failure on the part of the master to comply with this demand shall release the seaman from his contract and he shall be entitled to full payment of wages earned. And when the voyage is ended every such seaman shall oe entitled to the remainder of tne wages which shall then be due him, IU3 provided in section forty-five hundred and twenty-nine of the 96 IMMIGBATION LAWS NOT BEPEALED. t Bevised Statutes: Provided further^ That notwithstanding any re- wii lease signed by any seaman under section forty-five hundred and tI fifty-two of the Revised Statutes any court having jurisdiction may t upon good cause shown set aside such release and take such action f as justice shall require : And provided further^ That this section shall apply to seamen on foreign vessels wnile in harbors of the United States, and the courts of the United States shall be open to such ^j, seamen for its enforcement." I a Sec. 7. That section forty-five hundred and ninety-six of the Revised Statutes of the United States be, and is hereby, amended to read as follows: " Sec. 4596. Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offenses, he shall be pimished as follows : "First. For desertion, by forfeiture of all or any part of the clothes or effects he leaves on board and of all or any part of the wages or emoluments which he has then earned. *°Second. For neglecting or refusing without reasonable cause to join his vessel or to proceed to sea in his vessel or for absence without leave at any time within twenty-four hours of the vessel's sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time without leave and without sufficient reason from his vessel and from his duty, not amounting to desertion, by forfeiture from his wages of not more than two days' pay, or sufficient to defray any expenses which shall have been prop- erly incurred in hiring a substitute. " Third. For quitting the vessel withmit leave, aftw her arrival at the port of her delivery and before she is placed in security, by forfeiture from his wages of not more than one month's pay. " Fourth. For willful disobedience to any lawful command at sea, by being, at the option of the master, jjlaced in irons until such dis- obedience shall cease, and upon arrival in port by forfeiture from his wages of not more than four days' pay, or, at the discretion of the court, by imprisonment for not more than one month. " Fifth.. For continued willful disobedience to lawful command or continued willful neglect of duty at sea, by being, at the option of the master, placed in irons, on bread and water, with full rations every fifth day, until such disobedience shall cease, and upon arrival in port by forfeiture, for every twenty-four hours' continuance of such dis- obedience or neglect, of a sum of not more than twelve days' pay, or by imprisonment for not more than three months, at the discrdiion of the court. " Sixth. For assaulting any master or mate, by imprisonment for not more than two years. " Seventh. For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not more than twelve months. " Eighth. For any act of smuggling for which he is convicted and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner such a sum as is sufficient to i^ 1 IMMIGRATION LAWS NOT BEPEALED. 97 i^imburse the master or owner for such loss or damage, and the -whole or any part of his wages may be retained in satisfaction or on account of such liability, and he shall be liable to imprisonment for a period of not more than twelve months." « * * * 4( 4( ♦ Sec. 11. That section twenty-four of the act entitled "An act to amend the laws relating to Ainerican seamen, for the protection of such seamen, and to promote commerce," approved December twenty- first, eighteen hundred and ninety-eight, be, and is hereby, amended to read as follows : " Sec. 24. That section ten of chapter one hundred and twenty-one oi the laws of eighteen hundred and eighty-four, as amended by section thrfee of chapter four hundred and twenty-one of the laws of eighteen hundred and eighty-six, be, and is hereby, amended to read as follows: "'Sec. 10 (a). That it shall be, and is hereby, made unlawful in any case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such advance wages, or to make any order, or note, or other evidence of indebtedness therefor to any other person, or to pay any person, for the shipment of seamen when payment is deducted or to be deducted from a seaman's wages. Any person violating any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25 nor more than $100, and may also be imprisoned for aperiod of not exceedinff six months, at the discretion of the court. The payment of such advance wages or allotment shall in no case except as herein provided absolve the vessel or the master or the owner thereof from the full payment of wages after the same shall have been actually earned, and shall be no defense to a libel suit or action for the recovery of such wages. If any person shall demand or receive, either directly or indirectly, from any sea- man or other person seeking employment, as seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, he shall for every such offense be deemed guuty of a misdemeanor and shall be imprisoned not more than six months or fined not more than $500. "*(J) That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children. ^[ (^) That no allotment shall be valid unless in writing and = signed by and approved by the shipping commissioner. It shall T be the duty of the said commissioner to examine such allotments •' and the parties to them and enforce compliance with the law. All stipulati(ms for the allotment of any part of the wages of a seaman )r during his absence which are made at the commencement of the voyage shall be inserted in the agreement and shall state the amounts )r and times of the payments to be made and the persons to whom the i payments are to be made. id " * (d) That no allotment except as provided for in this section shall n be lawful. Any person who shall falsely claim to be such relation, as above descrioed^ of a seaman under this section shall for every id such offense be punished by a fine not exceeding $500 or imprisonment 11 1 not exceeding six months, at the discretion of the court. ^ 165811"— 20 7 I 98 IMMIGRATION LAWS NOT BEPEALED. Ui (e) That this section shall apply as well to forei^ vessels while in waters of the United States, as to vessels of the United States, and any master, owner, consignee, or agent of any foreign vessels who has violated its provisions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for similar violation. "'The master, owner, consignee, or asent of any vessel of the United States, or of any foreign vessel seeking clearance from a port of the United States, snail present his shippmg articles at the office of clearance, and no clearance shall be granted any such vessel unless the provisions of this section have been complied with. " ' (/} That under the direction of the Secretary of Commerce the Commissioner of Navigation shall make regulations to carry out this section.' " Sec. 12. That no wages due or accruing to any seaman or appren- tice shall be subject to attachment or arrestment from any court, and every payment of wages to a seaman or apprentice shall be valid in law, notwithstanding any previous sale or assignment of wages or of any attachment, encumbrance, or arrestment thereon ; and no assign- ment or sale of wages or of salvage made prior to the accruing thereof shall bind the party making the same, except such allotments as are authorized by this title. This section shall apply to fishermen em- ployed on fishing vessels as well as to seamen : Provided, That nothing contained in this or any preceding section shall interfere with the order by any court regarding the payment by any seaman of any part of his wages for the support and maintenance of his wife and minor children. Section forty-five hundred and thirty-six of the Eevised Statutes of the United States is hereby repealed. Sec. 13. That no vessel of one hundred tons gross and upward, except those navigating rivers exclusively and the smaller inland lakes and except as provided in section one of this act, shall be permitted to depart from any port of the United States unless she has on board a crew not less than seventy-five per centum of which, in each department thereof, are able to understand any order given by the officers of such vessel, nor unless forty per centum in the first year, forty -five per centum in the second year, fifty per centum in the third year, fifty-five per centum in the fourth year after the passage of this act, and thereafter sixty-five per centum of her deck crew, exclusive of licensed officers and apprentices, are of a rating not less than able seaman. Every person shall be rated an able sea- man, and qualified for service as such on the seas, who is nineteen years of age or upward, and has had at least three years' service on deck at sea or on the Great Lakes, on a vessel or vessels to which this section applies, including decked fishing vessels, naval vessels or coast guard vessels; and every person shall be rated an able seaman, and qualified to serve as such on the Great Lakes and on the smaller lakes, bays, or sounds, who is nineteen years of age or upward and has had at least eighteen months' service on deck at sea or on the Great Lakes or on the smaller lakes, bays, or sounds, on a vessel or vessels to which this section applies, including decked fishing vessels, naval vessels, or coast guard vessels ; and graduates of school ships approved by and conducted under rules prescribed by the Secretary of Com- merce mav be rated able seamen after twelve months' service at sea : Provided, That upon examination, under rules prescribed by the De- IMMIGBATION LAWS NOT BEPEALED. 99 partment of Commerce as to eyesight, hearing, and physical condi- tion, suchpersons or graduates are found to be comp^ent : Provided fwrther^ That upon examination, under rules prescribed by the De- partment of Commerce as to eyesight, hearing, physical condition, and knowledge of the duties of seamanship a person found competent may be rated as able seaman after havmg served <»i deck twelve months at sea, or on the Great Lakes; but seamen examined and rated able seamen under this proviso shall not in any cai^ compose more than one-fourth of the number of able seamen required by this sec- tion to be diipped or employed upcMi any vessel. Any person may make application to any board of local inspectors for a certificate of service as able seaman^ and upon proof being made to said board by affidavit and exanunation, under rules ap- proved by the Secretary of Commerce, showing the nationality and age of the applicant and the vessel or vessels on which he has had service and that he is entitled to such certificate under the provisions of this section, the board of local inspectors shall issue to said ap- plicant a certincate of service, which shall be retained by him and be accepted as prima facie evidence of his rating as an able seaman. Each board of local inspectors shall keep a complete record of all certificates of service issued by them and to whom issued and ^all keep on file the affidavits upon which said certificates are issued. The collector of customs may, upon his own motion, and shall, upon the sworn information of any reputable citizen of the United States setting forth that this section is not being complied with, cause a muster of the crew of any vessel to be made to determine the fact ; and no clearance shall be given to any vessel failing to comply with the provisions of this section : Provided^ That the couector of customs shall not be required to cause such muster of the crew to be made unless said sworn information has been filed with him for at least six hours before the vessel departs, or is scheduled to depart : Provided further. That any person that shall knowingly make a false affidavit for sucn purpose shall be deemed guilty of perjury and upon con- viction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or by both such fine and im- prisonment, within the discretion of the court. Any violation of any provision of this section by the owner, master, or officer in charge of the vessel shall subject the owner of such vessel to a penalty of not less than $100 and not more than $500 : And provided fwrther^ That the Secretary of Commerce shall make such rules and regulations as may be n«5essary to carry out the provisions of this section, and nothing herein shall be held or construed to prevent the board of supervising inspectors, with the approval of the Secretary of Com- merce, from making rules and regulations authorized by law as to vessels excluded from the operation of this section. ♦ ♦ 4( ♦ 4( ♦ ♦ Sec. 16. That in the judgment of Congress articles in treaties and conventions of the United States, in so far as they provide for tibe arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of the United States in foreign countries, and for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of for- eign nations in the United States and the Territories and possessions 100 IMMIGBATION LAWS NOT REPEALED. thereof, and for the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment and any other treaty provision in conflict with the provisions of this act, ought to be terminated, and to this end the President be, and he is hereby, requested and directed, within ninety days after the passage of this act, to give notice to the several Governments, respectively, that so much as hereinbefore described of all such treaties and con- ventions between the United States and foreim Governments will terminate on the expiration of such periods a&r notices have been given as may be required in such treaties and conventions. Sec. 17. That upon the expiration after notice of the periods re- quired, respectively, by said treaties and conventions and of one year in the case of the mdependent State of the Kongo, so much as here- inbefore described in each and every one of said articles shall be deemed and held to have expired and to be of no force and effect, and thereupon section fifty-two hundred and eighty and so much of section four thousand and eighty-one of the Revised Statutes as re- lates to the arrest or imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and Territories and possessions thereof, and for the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment, ^all be, and is hereby, repealed. Sec. 18. That this act shall take effect, as to all vessels of the United States, eight months after its passage, and as to foreign ves- sels twelve months after its passage, except that such parts hereof as are in conflict with articles of any treaty or convention with any foreign nation shall take effect as regards the vessels of such foreign nation on the expiration of the period fixed in the notice of abrpga- tion of the said articles as provided in section sixteen of this act. Ht He 4e 4e 9|e He ♦ Sec. 20. That in any suit to recover damages for any injury sus- tained on board vessel or in its service seamen having command shall not be held to be fellow servants with those under their authority. DE3FIMING THB STATUS OF CITIZKNS OF THB VNITC3D STATBS l¥HO HAVES KNTERED THE MILITARY OR NAVAL SERVICES OF CERTAIN COUNTRIES DURIBTG THB BXI8TING WAR IN BVROPB. [Act of October 5, 1917.] That any person formerly an American citizen, who may be deemed to have expatriated himself under the provisions of the first paragraph of section two of the act approved March second, nine- teen hundred and seven, entitled "An act in reference to the expa- triation of citizens and their protection abroad," by taking, since August first, nineteen hundred and fourteen, an oath of allegiance to any foreign State engaged in war with a country with which the United States is at war, and who took such oath in order to be enabled to enlist in the armed forces of such foreign State, and who actually enlisted in such armed forces, and who has been or may be duly and honorably discharged from such armed forces, may, upon complying with the provisions of this act, reassume and acquire the character and privileges of a citizen of the United States : Provided^ however^ That no obngation in the way of pensions or other grants because of service in the army or navy of any other country, or disabilities incident thereto, shall accrue to the United States. IMMIGRATION LAWS NOT BEPEALED. lOl Any such person who desires so to reacmiire and reassume the character and privileges of a citizen of the United States, shall, if abroad, present himself before a consular officer of the United States, or, if in the United States, before any court authorized by law to confer American citizenship upon aliens, shall offer satisfactory evi- dence that he comes within the terms or this act, and shall taKe an oath declaring his allegiance to the United States and agreeing to support the Constitution thereof and abjuring and disclaiming alle- giance to such foreign State and to every foreign prince, potentate, State, or sovereignty. The consular omcer or court officer having jurisdiction shall thereupon issue in triplicate a certificate of Ameri- can citizenship, giving one copy to the applicant, retaining one copy for his files, and forwarding one copy to the Secretary of Labor. Thereafter such person shall in all respects be deemed to have ac- quired the character and privileges of a citizen of the United States. The Secretary of State and the Secretary of Labor shall jointly i^e regulates for the proper administration of this act w INDEX. (R— rule; 8— section.] Subject. and A. Accompanying aliens Actors, not excluded. Accounting for head tax other receipts Admission: Aliens in transit .* Canadian ports, from. 8u Canada. Canal Zone. 5«« Canal Zone. Cuba. 5«eCuba. • Diseased wife or minor chil- dren of domiciled aliens. . Guam. See Guam. Peace officers of States and Territories to immigrant stations Philippmes. See Philip- pines. Porto Rico. See Porto Rico. Temporary admission Of temporarily absent per- manently dooniciled aliens Administration of oaths Advance payment for publica- tions Advertising: Encouraging immigration by, unlawfiil Penalties for encouraging Immigration by Alcoholism Allen; definition of. Unlawful landing Money, amount Accompanying alien. Diseased or insane Examination ol Physical and mental exam- ination ot Rejection by board of spe- cial inquiry Status after deportation of accompanying alien. Ambassadors. See Officials, foreign. Amendments: Chinese-exclusion law not amended Passenger act, not amended . Section 34 of act of Feb. 20, 1907, not amended Anarchist, exclusion of Act of Oct. 16, 1918 Appeals: Board of special inquiry, from decision of, to secre- tary of Labor Dangerous contagious dis- ease, alien afflicted with, \ not allowed Decision of board of special inquiry, when final Dissenting member of board of special inquiry, by Laborers with passport Manner of taking Of aliens afflicted with in- sanity Application for readmission. Rule or section. R5,S18 S3 R30 R9,S2 R19,S22 S27 R16 R16 S16 S6 S6 R28,S3,9 SI S8 R3 R5,S18 R28,S9 S15,16 S16 S16 R5,S3,18 S38 S38 S38 S3, 28 Page. R17,S17 R17,S17 R17,S17 R17,S17 Rll R17 S16 R16 20 7 79 7,42 23, 63,64 26 67 67 16 87 9 8,9 4,10,77 3 10 38 20,40 10 15,16 16 17 5,19,40 30 30 30 4,26 31 18,68 18,68 18,68 18,58 60 68 16 67 Subject. Api)ointments: Board of special inquirv Commissioners of immigra- tion Special commissioners Employees State agents at i)orts for dis- tribution of information. . Arrests: Aliens unlawfully in country Bonds Cost of maintenance Women and girls Artists, not excluded Assistance to admitted aliens. . Assisted aliens: Exclusion ol In transit not excluded Penalty for assisting con- tract laborers Asiatics: Restricted area Exceptions Map of restricted area. Attendants: Deported helpless aliens, for Expenses of Attorneys: Admission to practice. Fees Change ol Disbarment of B. Beggars, exclusion of Boards of special inquiry: Appointment of, oy com- sioner Authority ol Alien may have one relative or friend present at hear- ing Appeal from, by dissenting member to secretary of Labor Decision final certain cases . . Detaining aliens for Duties, general Examination by How appointed Appeals from decision of Where no appeal lies Bonds: For diseased or physically defective alien Bringing suits upon Commissioner for Canada. . . For arrest cases In what cases permissible. . . Landing under bond >. Public charges, persons like- ly to become Bureau of Information C. Canada: Admission and exclusion at Canadian ports Rule or section. S17 S24 S29 S24 S30 R22,S19 R22 R22 R22 S3 R20 S3 S3 S6 R8,S3 R8,S3 R23,S20 S20 R31 R31 R31 R31 S3 S17 S17 Page. 18 25,81 26 25 27 20,21, 62,68 68 69 60,70 7 65 5 7 8 5,6 41,42 6,41,42 32 21,22, 71 22 80 80 80 80 817 S17 R15,S17 S16 S17 S16 S17 R17 R17 S21 S21 R12 R22 S21 R17 R17,S21 S30 R12,S19, 23 103 18 18 18 18 18,67 17 18 17 18 58 58 23 22,23 52 65,66 22,23 59 23,59 27 20,23, 50,54 104 INDEX. IR->rnle; S^section.) Subject. Oanada— Gontiimed. Entry and inspection of aliens. Exemptions from head tax. Head tax on aliens Manifests, outgoing passen> ••••<•■ Canal zone: Inspection of aliens from.. . . Passports from, not honofed, when Certificate coverinx medical ex- amination. SMliedicalexam- ination. Chaiiges for care and mainte- nance. See Cost of detention. Chinese: Law not amended Exceptions in favor of for- eign exhibitors Citisens, aliens declaring inten- tion to become, admission of diseased wife or children Citizenship (tee Expatriation). . Children, under 16 Special method of handling . Of domiciled aliens, admis- sion for hospital treat- ment Classes excluded from entry: Anarchists Assisted aliens Rule or section. Beggars, professional Children unaccompanied by one or both oi their parents Contractlaborersattime of entry Criminals Defective persons (mentally . or physically) Diseased persons E pileptics Feeble-minded persons Idiots Illiterates Imbeciles Inferiority, constitutional psychopathic Ii^ane persons— At time of entry Two or more attacks previous to entry Paup^ Previously deported within one year of application for entry Polygamists Prostitutes Procurers of prostitutes Public charges, likely to be. Restricted area Classes not excluded: Actors Artists Assisted aliens in transit. . . . Lecturers - Ministers of the Oospel Nurses Professors of colleges Professional persons Persons convicted of politi- cal offenses OflQcials of foreign govern- ments Seamen Servants, personal, domestic Singers SUiied laborers, when Religious faith, persons per- secuted for R13 Rl Rl,12 812 R11,S1 81 888 83 RIO, 822 Rl,6; 83 R6 R19^822 83,28 83 S3 S3 S3 83 S3 S3 83 S3 83 R4,S3 83 S3 S3 83 83 83 S3 S3 S3 S3 83 88 S3 S3 S3 S3 S3 S3 S3 S3 S3 RIO S3 S3 S3 S3 Page. 51,54 34,35 35,51 14 3,50 3,50 80 7 23,63 87 5,35,40 40,41 23,63 4 Subject. 5 5 4 4 4 4 4 6,38,40 4 4 4 4 4 5 4 5 5 5 5,6 7 7 7 7 7 7 7 7 6 43,50 7 7 7 6 Classesexempted from payment of head tax: Admissible residents of any possession of the United States Aliens entering for tempo- rary stay after one year's residence in Canada or Mexico Aliens in transit through the United States Aliens admitted to the United States who later go in transit from one part of the United States to another through for- eign contiguous terri- tory Chlldcen under 16, accom- panied by one or both of their parents Citisens of the Philippines or the Virdn Islands Excluded aUens Officials of foreign govern- ments, suites, fiamilies, and guests Clearance: Not to be granted to vessels, when When ii may be granted... Clerks, appointment of Clergymen, not excluded Collection of head tax Collection of penalties. Collector of customs: Fines under sees. 3, 7, 9, 14, 15, 18, 20, 25, and 36 paid to. Head tax paid to Lists of outgoing passengers to be depositedf with Commissioner General: Creation of office (acts Mar. 3, 1801 . and Mar. 2, 1895) . . . To detail officers abroad To detail officers to investi- gate public charges To make contracts for relief of aliens To make rules and ccmtracts for inspecticQ on land boundaries Commissioners of inmiigration: Appointment of (act of Aug. 18,1894) Appointment not altered . . . Bond fw Canada Duties of To appoint boards of special inquiry Compensation, officers, employ- t?t33* • •• •••••••••••••••••••••• Compromising suits Contract labwers Contagious diseases Decision of board of special inquiry, when final . Detfliling surgeons to fbr- eign countries Exclusion of persons af- flicted with Hospital treatment, admis- sion for Penalty for bringing to the United States Contiguous territory: Deportation to. when Payment of head tax on aUens from. See Head tax. Ports of entry tram Rule or section. Rl Rl Rl,9 Rl Rl Rl Rl Rl 812 14,15 814 U 824 25 St 7 Rl 33 R28 77 R28 Rl,81 812 823 823 823 823 S24 R12 817 S17 824 S25 R27,S3 S3 R15,S17 823 S3 R19,S2l S9 820 R12,13 Page. 83 35 35,42 3S 35 35 34 35 77 3,33 14 84 24 34 24,25 24,26 85 25 52 18 18 25 25,26 4,76 4 18,57 24 4 4 23,68 10,11 21,22 51,56 1 INDEX. 106 Subject. Contract-labcK' laws Acte, Feb. 26, 1886, Oct. lb; 1^, Mar. 3, 1893, Apr. 29; Rule or section. R27 Employment of special per- sons to enforce Enforcement of, how '. Contracts for relief of aliens Fot insi>ection 00 land boundaries. ... Coavicts (criminals), Page. Cost of deportatian, detention, and treatment of aliens. . . Act of Aug. 24, 1912 .*.* When borne by steamship company When half ipersons Wnen paid by other paid from immigrant fund Courts, district, jurisdictionoLl ! Crimes Criminals, exclusion oj '.'.'.'.'.'.',.. Crew lists, master must ftimi^.* Cuba 824 S24,25 823 823 S3 R20 D. Defectives, mentally, physically Deportations: By consent..., Attendants for 818 820 R26,S20 824 S3 88 836 83 R22 R23 75 75,76, 77,83 25 25 34 24 4 74 92 19 22 22,74 25 4 4 29 34 Subject. ^«»^«^ ''\_B2l,22; Cost of transportation and maintenance Limitation of deportationll . Penalty for refusing to deport. . . liseased Of diseased andinsanealiens Prostitutes, general Stay of alien detained as witness Stay of deportation by ined- icalcertifleate .. Whereto .'."■ When cause existed priOT to,orsubsequenttoentry. Depo8lt8,cash ^ Deserting seamen, penalty for failure of master to report Detail: Officers to investigate pub- lic chwges Officers to go abroad .** Detention expenses ',\ Aocompanyingalien. . . Securing payment !.*! When borne by Govern- ment When borne by transporta- tion company 818,19,20 S18 R22, 819,20 818 R23 R22 818 818 820 R25 R17 836 Witnesses Diplomatic officers Diaitricts Diseased aliens. fiwContarioiia' diseases. ^ Domesticservants, admission of. Domiciled alien Duties: Of Conmiissioner General. . Of commissioners of immi> gration 5iS?5^tionCommi8sion Of Division of Information. Employees: Clerks, inspectors, etc , Appointing and promoting.. Compensation, how fixed . . . Exceptions 823 823 R3.26: 818,^26 R26 R26 R26 £18,22,26 Rl R35 R27,83 R19,S22 823 817 29 830 824 824 S24 824 71 Td 19 22, 65,70 19 71,72 66,67 19 20 21,22 73,74 59 29 24 24 19,23, 37,74 74 74 74 23,74 73 35 81,82 Encouraging immigration Bntay. ,/8«e Admission. Epileptics, exchided Excluded classes. 8te Classes excluded. Exclusion. 5efAdmis8ion.De- ^ portation, Transit. Exdusive privileges: Disposition of proceeds of. . . Ex ch a ngin g money Keeping eating houses Transporting TOggage . . Exainination of aliens forenfavV Mental and physical. .. . For Canada and Mexico . . . ! Executive order relative to la- irS2;^i'^*^i*™¥<* pasqiorts. 5S5JE."*"^fr<>°il»«adtax Esdubitors Expatriation Expenses: Of assisting admitted aliens . Ofattendant Rule or section. 86 S3 Page. Of detention. 8u Deporta- tion. Ofhospitaltreatment. Hospital treatment. Expositions See S26 826 886 826 816 R12,18 RU Rl R27,S3 9 4 P. Fairsand expositions. False swearing. FamiUes, grouping of manifest. Feeble-minded persons . . . Felony Fines. i9«0 Penalties. Foreign countries, detail of offi- cers for duty in Foreign exhibitors Fweign officii ] * ] * " Forms, bonds, reportsjetc.!.' .* .' * \ R20 820 S3 26 26 26 26 16 50,55 49,50 35 7,75,77 87 65 22 G. Geographically exchided aliens. Map of area Who are excluded .. . Exemptions Guam, head tax Guardian on voyage: Expenses borne by trans- portation companies For insane persons deported . H. S3 816 R2,S13 83 83 &3Z R27,S3 R1,S3 823 R8,88 7,75 23,68 23,24 18 26,27 27 25 26 25 26 Harboring prostitutes Hawaii: Head tax Certificatesofalienresidentsi Citizens Inspection of aliens.' '.'."' Head tax: Amount of. By whom paid Canada, aliens from... Classes exen^ted from Exemptions How payment enforced. .. ' Seamen, to pay when. . . . Special deposits, reftmds. . . . To be lien on vessel. . . To whom paid ." " * * Health of passengers, report of! ' Hearing: Before boards of special In- quiry Alien may have witness present Holding aliens as witnesses Hospital treatment: By whom paid Deposits for, or bond . . . ! * R8,S8 R8 Rl 818 818 86 Rl R14 R14 R14 81 81 R12 Rl R1,S2 82 ^? 82 82 R2 817 817 R25 R19 R19 7 16 14,36 4 4 24 7,76,77 8,35 24 5,6,41 32 5,6,41 41,42 35 20 20 89 35 56 56 56 3 3 51,55 35 4,35 4 AZ 34,82 4 3 36 18 18 73 63,64 64 106 INDEX. [R^nile; S^section.) Subject. Hospital treatment— Contd. Diseased aliens Proof of naturalization for. . , Requirements to be met. . . Wives and children of domi- ciled aliens I. Idiots, excluded Illiterates: In general Transits to be accompanied. Exemptions Imbeciles, excluded Immigration commisslnnera; Authority oL Expenses of How appoin ted Immigration stations, peace ofBoers admitted to Immigration officers: Appointed, how Duties Immigrant fund Insx)ectors. See Employees. Immigration, suspension of Law, post copies of Incoming passengers. See Man- ifest. Infants. See Children. Inferiority, psychopathic Informatton division Inspection: Canada Mexico On board vessels Primary inspection Postponement of Insularpossessions. SeePhilip- viaeSf Guam, Hawaii, Porto Bico, Virgin Islands. Insane persons, exclusion of. Aproal to board of medical (nBcers Attendants for, when de- ported Holding for medical treat- ment May have one expert medi- cal witnessat own expense. International conference, pur- pose of. Intoxicating liquor, sale pro- hibited at immigration stations Inquiry, boards of special. See Boards of special inquiry. J. Jurisdiction: District courts Of peace officers of States, etc., and local courts shall extend to crimes com- mitted in immigrant sta- tions Rule or section. R19,S18 Rlt R19 RIO, 822 S3 RO R9 83 83 829 829 829 827 824 816,17 R32 83 830 R12 R13 816 R3 K. Korean laborers . . Laborers, contract: Application for importing skilled laborers Exemptions Importation of, a misde- 1 meanor 1 83 816 R23.S20 818 816 829 826 Page. 84,24 827 Rll R27 R27,83 85,6,7 19, 20.64 04 63 23, 68,64 42,43 42 •'I 26,27 26,27 26,27 26 25 17,18 84 80 77,81 4 27 50,54 54,55 15 57 37,38 4 16 22,68 20 16 26,27 26 8,25 26 49 Subject. 72,73 7,72,82 8,10 Laborers, contract— Omtd. Penalties for Importing President's proclamation . . . Student laborers Rewards for information — With limited passports When admitted Laborer, definition of l4^bor disputes. Secretary of Labor has pow^ to act Land boundaries, ports of entry. Landinff for inspection not actual lap<^1n g Landing under Bond. SeeBond.. Laws not repealed by act of Feb. 6, lOlTf Authoridng payment to in- former in cases of viola- tion of the contract labor law Authoridng the President tosuspend immigration. . . Authorizing appointment of boners of immi- gration Authorizing refund of head tax Establishing the immi- grant fund Establishing Superintend- ent of Immigration Changing title of Superin- tendent of Immigratian to Commissioner General of Immigration Chardngme officers of the PhDippine Government with the administration of the immigration laws. . . Ccmoeming passports, ex- patriation, repatriation, and citizenship of mar- ried women and minor dUldren Creating Department of Labor Law repealing act establish- ing tne immigrant fund... Prohibiting laborers under contract Placing administration of Chinese-exclusion laws under Commissioner Gen- eral of Immigration Requiring steamship com- panies to post copies of unmigration laws R^ulating the admission of Chinese or other aliens under contract if engaged in Installing exhibits Relating to outward dien muiifests to Canada or Mexico Seamen's act Quarantine of contagious diseases White slave traffic act Learned precessions, admission of persons belonging to Lecturers, admission of Lien upon vessel, head tax to be. Loaths(mie diseases. See Con- tagi(His diseases. Locality, grouping by. 8u Manifests. Lunatics. See Idiots, Insane pensons. Rule or section. S5 8 Rll 49 R27 73 85 9,80 Rll 49 S3 7 Rll 50 88 90 R12,13: 8l4 21, 60.55 815 Page. 15 80 80,81 81 82 79 80 81 83 83,84 88,90 84 70,80 81 88 88 82 84,85 91,96 80 85,87 7 7 4 INDEX. 107 [R— rale; S—sectian.) 8abj6ct. M. Manifests: Delivery of, to Inmiigratian oflicera Diplamatie officers Data ocmoerDlng cost of transportation of aliens. . . . Aliens and dtisens leaving bv way of Canada or Mexioo Aliens from Guam, Porto Rioo, the Philippines, andHawaiL Tnf»wning Outgoing Penalty for failure to mani- fest Stowaways, to be mani- fested..... To be swcnn to by master... To be sworn to by surgeon. . To have families or persons from same locality listed toi^ither What to contain When no surgeon is on board Maintoianoe of excluded aliens. See Cost of deportation and detention. Meaning of term "United States" Medical officers, examination of aliens Detail of surgeons abroad.. . Treatment of aliens. See Hospital treatment. MttitaJly defective. See Insane. Mexioo: Collection of head tax Inspection of aliens Pons of entry Ministers of the Gospel, admis- sion of Minor (diildren Money, aliens' Exchanging, privilege of. . . Accounting for mcmey re- ceived Moral turpitude, crimes involv- ing Rule or section. R2,814 R2,S9 S12 812 812 812 814 R2 R2,813 R2,818 R2L813 1127812, 14 R2 SI R18,S16 S23 R13 R13 R13 83 822 R3 S26 R30 83 Page. N. f Notice of appeal, filing by alien. . Notice of sailings, master of vessel to sive R17 R21 810 817 R2,813 S3 R34 R2,83 R2 814 O. Oaths: Administered by immigra- tion officers Boards of sn>ecLal inquiry, of Manifests to be sworn to — Offenses, political. , r Official communications Offidals, foreign: Familie^ suites, guests, etc. Ontffoinir manifests .t -r P. Panama. See Canal Zone. Passage of aliens. SeeAsaiaUd persons. Payment of head tax. SuMetd tax. 16,86 36 37 14 13 12 84, 8J 15 36 14,36 14,36 14,36 12. 15,36 36 8 16,60 24 54 54 64 «a 38 26 76 4 83,84 54 62 16 18 14,36 7 77 8,36 86 15 Subject. Paupers, not admitted.. Pasroorts Limited paiapmte . . To be indorsed See Expatriation ... Peace officers of States. . Penalties: Against master of vessel or companies for unlawful landing of aliens Assaulting or resisting im- migration officer or em- ployee Contract laborers, import- ing Diseased aliens, idiots, etc., for bringing. Encouraging immigration by advertising, bv giving rebates or commissions.., Collection of penalties Deposits for For bringing in prostitutes. For brin^g Illiterates For failure to manifest For failure to defray ex- penses of detention and d^>ortation of a.iens Rule or section. Page. For assisting an anarchist. . For landing at place not designated by immigra- tion officer For refusing to return alien denied a landing For bringing epileptics, idiots, insane, constitu- tional iMvchopathic in- feriority, tuberculosis, or chronic alcboholism, i>er- sons afflicted with For bringingfromrestricted area For foilure to prevent un- lawful landing of aliens . . . Security, taking from aliens. Submission of evidence Ptf-son, definition of Persons mentally or ph3rsically defective Philippine Islands: Immigration act of Feb. 5, 1917 Law administered, by whom Political offenses, personsguilty of. Polygamists, exclusion of Porto Rico, general Ports of ent^ Posting of immigration law and actsby steamship comi>anles in foreign offices President's proclamation rela- tive to laborers with limited passi>orts Primary inspection Privileges. See Exclusive priv- ileges. Prosecutions, in personam or in rem Prostitutes, penalty for import- ing Publications, payment for, in advance Public dutfges Admission under bond Detail of officers to investi- gate 83 Rll,83 Rll Rll 827 816 88 816 R28,85 R28, 89,35 87 R28 R28 84 R28,S9 R28,S14 R28.815, 20,36 827 810 818 80 80 810 817 R28 837 83 81 81 88 88 Rl R12,18: 810 R32 Rll R3 R28-A 84,6 4 7,49 40 50 87 26 16 10 17 8 9 74 75 8 10,74 16,74 26 11 10 10 11 11 10 76 29,30 3,83 3,83 7 4 36 21, 60,54 77,81 S3 R17,S21 822 49 37 79 8,85 87 83 5 23,58 24 108 INDEX. {R«inde; S-9ect4