27.3 Use of record. Attorneys and others representing aliens applying for admission to the United States, Territories, or insular possessions, or aliens under deportation proceedings, shall be permitted, until deportation has been effected, to review the records in immigration offices in all cases in which the appearance of such attorney or other representative has been duly noted of record. Until deportation has been effected attorneys and others representing aliens shall, upon request, be loaned a copy of the testimony adduced and motions thereon and the summary of the examining inspector, for the preparation of their briefs. The attorney or other representative to whom such copy is loaned shall give a receipt therefor and shall pledge himself that no copy thereof be made and that the copy delivered to him will be surrendered when a brief in the case has been filed or upon final disposition of the case. He shall further pledge himself to prevent the copy of the record loaned him from falling into the hands of any person other than himself or counsel of record in the case.* [28-B-1, Im. R. & Regs., as amended by G.O. 245, Mar. 4, 1937, 2 F.R. 502]

27.4 Limitation of fees. For the protection from fraud and loss of aliens migrating to the United States, no attorney or agent or other person shall in any case demand or receive compensation of any character exceeding $25 from any person or persons or organization for appearing in behalf of any alien or aliens constituting one family applying for admission, unless authorized so to do by the Department or officer in charge of the immigration station or office.*+ [28-C-1]

27.5 Suspension or disbarment. The Secretary of Labor may suspend or exclude from further practice before the Department or any immigration station or office, any attorney at law, person, firm, corporation, or association who (a) shall charge or receive, either directly or indirectly, any fee or compensation for his services in excess of the fee specified in § 27.4 except in the manner therein provided; (b) or who, with intent to defraud, deceives, misleads, or threatens any alien; (c) or who is disbarred from or refused permission to practice before, or act in a representative capacity, in any executive department, board, or commission, Federal, State, territorial, or insular, for a cause or causes importing fraud or dishonesty; (d) or who is not a person of good character and reputation; (e) or who refuses to comply with the immigration laws and rules. Any attorney at law may also be suspended or excluded from further practice upon his being disbarred in any court, Federal, State, territorial, or insular.*t [28-D-1]

**For statutory and source citations, see note to § 27.1.

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Section 28.1 District_commissioners; authority and responsibility. The duties of a district commissioner shall be of an administrative character, and such commissioner shall at all times be subject to the immediate control, direction, and supervision of the Commissioner of Immigration and Naturalization, and shall promptly obey and carry out all orders and directions that may from time to time be issued by him. District commissioners shall have the control, direction, and supervision of all officers, clerks, and employees within their respective jurisdictions, and may, with the approval of the Commissioner of Immigration and Naturalization, prescribe rules and regulations, not inconsistent with law, for the transaction of business and the custody, use, and preservation of records and papers, and to govern and control their officers, clerks, and employees. [29-A-1]

*88 28.1 to 28.21, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

†The source of §§ 28.1 to 28.21, inclusive, (except for the amendments and supplemental documents noted in the text,) is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.

28.2 District directors; authority and responsibility. The duties of district directors shall be in all respects similar to the duties of district commissioners, and such district directors shall have the same power and authority as district commissioners.*+ [29-B-1]

28.3 Supervisors; authority and responsibility. A supervisory staff of three or more immigration officers, to be known as supervisors, is hereby created. Such supervisors shall act as the special representatives of the Department and Central Office, and shall from time to time, as directed, investigate immigration officers and stations, and all matters affecting the Immigration and Naturalization Service and the administration of the immigration laws. Such supervisors shall have access to all official records, books, and papers, and district commissioners, district directors, inspectors in charge, and all officers, inspectors, clerks, and employees in any manner connected with the

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**For statutory and source citation, see note to § 28.1

Immigration and Naturalization Service shall afford such supervisors every facility for the prompt and proper discharge of their duties. Such district commissioners, district directors, inspectors in charge, and all officers, inspectors, clerks, and employees shall be subordinate to supervisors when such supervisors are acting within the scope of their duty and employment: Provided, That no arbitrary power or authority is hereby conferred upon such supervisors. Supervisors shall report and make recommendations direct to the Commissioner of Immigration and Naturalization.*+ [29-C-1]

28.4 District commissioners and directors; official inspection of offices and stations. District commissioners and district directors shall visit officially each port, subport, and station in their respective districts (including stations where immigration business is transacted by excepted employees only), at least once every six months: Provided, That the Central Office may, upon request of district heads, designate assistant heads of districts to make such visits. The number of stations to be visited on any one inspection tour and the dates upon which such visits shall take place shall be in the discretion of the district commissioner or district director, but immediately upon the conclusion of each inspection a complete and comprehensive statement of every phase of immigration work conducted at the station or stations inspected, together with appropriate recommendations, shall be forwarded to the Commissioner of Immigration and Naturalization.*+ [29-D-1, 2]

28.5 Financial reports. All monthly allotment reports covering the expenditure of money during any current month shall be completed and mailed to the Central Office not later than the tenth day of the following month.*t [29-E-1]

28.6 Power of arrest. Any immigrant inspector, Chinese inspector acting as an immigrant inspector, or patrol inspector may, without warrant, arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation in pursuance of law regulating the admission of aliens, and may board and search for aliens any vessel within the territorial waters of the United States, railway car, conveyance, or vehicle, in which he believes or has reason to believe any alien is being brought into the United States. Such immigrant inspector, Chinese inspector acting as an immigrant inspector, or patrol inspector, or any employee in the Immigration and Naturalization Service when designated by any district commissioner, district director, or inspector in charge of a district shall have power and authority to execute any warrant or other process issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens.*+ (43 Stat. 1049; 8 U.S.C. 110) [29-F-1]

28.7 Hearing; when arrest is by immigrant inspector; when by patrol inspector. Any immigrant inspector may forthwith accord a hearing to any alien arrested by him as provided in § 28.6, to determine the right of such alien to remain in the United States, and such hearing shall be conducted in conformity with law and existing rules and regulations: Provided, That when the arrest is

**For statutory and source citations, see note to § 28.1.

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made by a patrol inspector who is not properly qualified as an immigrant inspector, the alien shall be taken before any immigrant inspector designated by the district commissioner or inspector in charge of the district for examination, and such immigrant inspector shall conduct the proceedings in accordance with law and existing rules and regulations.*+ (43 Stat. 1049; 8 U.S.C. 110) [29-F-2]

28.8 Arrest; warrant by telegraph. Whenever there is any likelihood that an alien who has succeeded in effecting unlawful entry will leave for parts unknown before a formal warrant of arrest can be obtained, request for the issuance of a warrant should be made by telegraph, using the departmental code for the purpose. Immediately upon receipt of such telegraphic warrant examination of such alien thereunder as to his right to be and remain in the United States shall be proceeded with as provided in §§ 19.6-19.12.*+ (43 Stat. 1049; 8 U.S.C. 110) [29-F-3]

28.9 Moneys; collections for hospital expenses; how deposited. Moneys collected on account of hospital expenses of detained aliens shall be deposited to the credit of the proper appropriation or fund for the fiscal year in which such expenses were incurred.** (Secs. 11, 15, 18, 22, 35, 39 Stat. 881 ff; 8 U.S.C. 147, 151, 154, 159, 169) [29-G-2]

28.10 Certificate of arrival; issuance. Officers in charge shall, upon receipt of preliminary Form A-2213 or A-2214 and 160-Im. or 161-Im. where the record shows admission for permanent residence on or before June 30, 1924, issue a certificate of arrival covering admission of the alien concerned. If admission after June 30, 1924, is recorded and an immigration visa or permit to re-enter was presented, the facts of entry should be endorsed in the box on the naturalization forms, and the case forwarded to the Central Office without issuance of a certificate of arrival. Where admission for permanent residence after June 30, 1924, is verified, but no immigration visa or re-entry permit was required, Form 505 should be issued and forwarded to the Central Office with other papers in the case. Where the record discloses that the alien was not admitted for permanent residence, or if no record of admission is found, appropriate endorsement should be made as to the type of entry, or lack of record, in the box on the naturalization forms under the heading, "Record Found." In cases where there is reason to believe that the alien is unlawfully in the United States and subject to deportation, the papers received should be transmitted for investigation to the officer in charge of the district in which the alien is shown by the naturalization form to be residing, and the office from which the request for verification was received should be notified of the action taken. Mimeographed forms may be employed for this purpose. In cases where aliens were pre-examined in Canada and no record exists showing the port of entry, Form 526-B may be used in lieu of the forms referred to in this section. No certificate of arrival to cover an original presumed lawful entry will be issued to aliens who are citizens of Cañada or Newfoundland and who entered the United States across the Canadian border at a designated port of entry prior to October 1, 1906, nor to citizens of Mexico who so entered across the Mexican border prior to July 1,

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**For statutory and source citations, see note to § 28.1.

1908, although such aliens, for re-entry purposes, shall be presumed to have been lawfully admitted, even though no record of their original entry can be found. A certificate of arrival will be issued with respect to re-entry of such an alien where there is a manifest record showing that the re-entry was by lawful admission for permanent residence.* [29-H-1, Im. R. & Regs., as supplemented by G.O. 250, July 22, 1937, 2 F.R. 1289]

28.11 Verification of arrival of lawfully resident alien relative of applicant for visa. In order that American consuls may be advised whether the husband, father or mother of an alien applying for a visa under section 6 (a) (2), of the Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 206), or any other relative of an applicant for a visa has been lawfully admitted to the United States for permanent residence, a Form 575 should be furnished to the husband, father or mother or interested relative upon request therefor. The form should be filled out by the applicant and mailed to the immigration and naturalization officer in charge at the port of his or her last entry, if arrival was before July 1, 1924, and to the Central Office, if arrival was after that date on an immigration visa, or a re-entry permit, or if arrival is based on a record of registry. The certification on the reverse of Form 575 will be executed in every case where a record is found. A statement will be made under "Remarks" to show the character of the admission and any discrepancies observed between the statements in the Form 575 and the facts shown by the record of admission. The Form 575 will be mailed direct by the verifying office to the "Department of State, Washington, D. C." for transmittal to the appropriate American consul abroad. The date of verification and the consulate to which the form is to be sent should be noted on the record of admission. If no record of the alleged arrival can be found the Form 575 will be returned to the applicant with a statement to that effect, unless investigation is deemed necessary to determine the need for further action by the Service. In verifications made by ports of entry where the manifest record shows a permit number, a departure reference, a Central Office file number, or where the entry appears to be fraudulent, the request will be routed through the Central Office for checking and appropriate action. (Sec. 3, 45 Stat. 1009, sec. 2, 47 Stat. 656; 8 U.S.C. 206) [G.O. 112, 1st amdt., July 6, 1934, 2d amdt., May 22, 1935]

28.12 Reporting condition of vessels. Immigration officers who board vessels arriving at United States ports for the purpose of inspecting passengers or crew shall observe the conditions prevailing upon the vessel with respect to sanitation and the comfort of passengers and crew; and such officers in every instance shall submit a report in triplicate to the official in charge at the port. Two copies of such report shall be forwarded to the Central Office in order that any such further action as may be deemed necessary may be taken.*† (Sec. 11, 39 Stat. 881; 8 U.S.C. 147) [29-I]

28.13 Prosecutions under section 10; Immigration Act of 1917, as amended; procedure. District commissioners or inspectors in charge shall, whenever they ascertain or have reason to believe that the provisions of section 10 of the Immigration Act of 1917, as

**For statutory and source citations, see note to § 28.1.

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