otherwise admissible under the immigration laws.** (Sec. 8, 48 Stat. 462; 48 U.S.C. 1238) [31-E-2] 30.12 Philippine citizen returning to Hawaii from Philippines or foreign country. A citizen of the Philippine Islands, upon returning from a temporary visit to any foreign country or the Philippine Islands, may be readmitted to Hawaii without an immigration visa or re-entry permit upon establishing that— (a) His residence in Hawaii began prior to May 1, 1934; (b) His absence from that Territory was temporary; and (c) He is otherwise admissible under the immigration law.*† (Sec. 8, 48 Stat. 462; 48 U.S.C. 1238) [31-E-3] 30.13 Philippine citizen returning to United States from Philippines; foreign country. A citizen of the Philippine Islands upon returning from a temporary visit to any foreign country or the Philippine Islands, may be readmitted to the United States without an immigration visa or a re-entry permit upon establishing that (a) His residence in the United States, except the Territory of Hawaii, began prior to May 1, 1934; (b) His absence from the United States was temporary; and (c) He is otherwise admissible under the immigration laws.*† (Sec. 8, 48 Stat. 462; 48 U.S.C. 1238) [31-E-4] 30.14 Philippine citizen; lawful resident of continental United States; readmission from Hawaii. A citizen of the Philippine Islands whose residence in continental United States began prior to May 1, 1934, or who was lawfully admitted thereto for permanent residence after April 30, 1934, upon returning from a temporary visit to Hawaii, may be readmitted to continental United States as a nonquota immigrant under § 30.6.*t (Sec. 8, 48 Stat. 462; 48 U.S.C. 1238) [31-E-5] PART 31-VOLUNTARY EMIGRATION OF CERTAIN FILIPINOS FROM THE UNITED STATES 31.1 Who may be returned to the Phil- 31.4 Transportation; ports of depar 31.5 Custody; consent to; report of de- 31.6 Report of arrival at Manila. Section 31.1 Who may be returned to the Philippine Islands. Any person who (a) is a Filipino, (b) was born in the Philippine Islands, (c) resided in any State or the District of Columbia on July 10, 1935, (d) is not a citizen of the United States, and (e) desires to return to the Philippine Islands is entitled to be returned to Manila, Philippine Islands, at the expense of the United States as to transportation and maintenance, and may make application to the Secretary of Labor for such return. An applicant against whom an order or warrant of deportation is outstanding shall not be entitled to exercise this privilege unless the Secretary of Labor cancels such order and/or warrant and permits the applicant to depart from the United **For statutory and source citations, see note to § 30.1. Page 123 States voluntarily.* (Secs. 1, 3, 49 Stat. 478; 48 U.S.C., Sup., 1251, 1253) [G.O. 231, Mar. 25, 1936, 1 F.R. 76] *88 31.1 to 31.7, 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. 31.2 Applications for return to the Philippine Islands. Applications must be prepared in duplicate on Form 695, and received in the office of the Immigration and Naturalization Service nearest the applicant's place of residence on or before December 1, 1938. In the case of a family, a separate application should be made by each member thereof who is entitled to and desires to secure the benefits of the statute. The application of a child under twenty-one years of age shall be signed by the father, if living; if not, then by the mother. If both parents are dead, an investigation shall be conducted to determine whether the minor applicant is acting upon his own volition. If there are persons available who are interested in the applicant, their statements shall be taken. Applications properly executed shall be forwarded promptly to the Central Office. (Secs. 1, 3, 49 Stat. 478, 50 Stat. 165; 48 U.S.C., Sup., 1251, 1253, 1256) [G.O. 231, Mar. 25, 1936, 1 F.R. 76, as amended by G.O. 258, Feb. 14, 1938, 3 F.R. 413] 31.3 Photographs to accompany application. When practicable, each application should be accompanied by four unretouched and unmounted photographs of the applicant, on white background, 2 inches in width by 2 inches in length and approximately 11/4 inches from the top of head to point of chin, representing applicant without hat and showing full front view. Photographs should be signed (not printed) by the applicant across the front in such manner as not to obscure the features. In the event it is not practicable for the applicant, because of lack of funds or the remoteness of photographic facilities, to furnish photographs at the time he submits his application for removal, such application should nevertheless be accepted, with the understanding that the applicant will be photographed by this Service at the seaport of embarkation.* (Secs. 1, 3, 49 Stat. 478; 48 U.S.C., Sup., 1251, 1253) [G.O. 231, Mar. 25, 1936, 1 F.R. 76] 31.4 Transportation; ports of departure. When the application for removal is approved, the Central Office will make arrangements for the transportation and maintenance of the applicant from the place of residence to a port on the west coast of the United States, and from such port to Manila, Philippine Islands. Transportation to Manila shall be by United States Army or Navy transports, whenever space is available; when not, then by any ship designated by the Central Office pursuant to the contract or contracts entered into by the Secretary of Labor in accordance with section 2 of the Act of July 10, 1935 (49 Stat. 478; 48 U.S.C., Sup., 1252). The following are designated as ports of departure from the United States: Seattle, Washington, and San Francisco and Los Angeles, California. The particular port, the date of departure therefrom and the vessel on which the departure will be effected will be determined in accordance with the facts in individual cases.* (Secs. 1, 3, 49 Stat. 478, 48 U.S.C., Sup., 1251, 1253) [G.O. 231, Mar. 25, 1936, 1 F.R. 76] Page 124 *For statutory citation, see note to § 31.1. 31.5 Custody; consent to; report of departure. Any applicant for whose return to the Philippine Islands the Secretary of Labor enters an order on Form 696 shall be required, before the journey from the place of residence begins, to sign, in the presence of a witness or witnesses, the provisions on the reverse side of said order, signifying his voluntary consent to placing himself in the custody, for return to Manila, of an officer or employee of the Immigration and Naturalization Service and/or such other person as may be designated. In the case of a minor applicant, the officer or employee before whom the signing takes place shall satisfy himself that the minor actually desires to be returned. When telegraphic authority for removal is received by a field officer and the applicant is ready to commence the journey prior to the receipt of the formal order of removal, the applicant should be required to sign the "consent" on the reverse of a blank Form 696. In all instances, the consent to return to the Philippine Islands should be an entirely free and voluntary act on the part of the person required to give it. Officers and employees of the Immigration and Naturalization Service are forbidden to persuade or coerce consent to voluntary emigration under the provisions of the Act of July 10, 1935 (49 Stat. 478), and these regulations. Persons consenting to be returned to the Philippine Islands, or in whose behalf such consent is given, in the manner provided in this section, shall be subject to the control and supervision of an officer or employee of the Immigration and Naturalization Service during the journey from the place of residence to any of the ports designated in § 31.4, and to the control and supervision of the officer in charge of any vessel to which they shall be delivered by the immigration and naturalization officer in charge of any such ports for transportation to Manila, Philippine Islands. Departures from such ports should be reported immediately to the Central Office by the immigration and naturalization officers in charge so that prompt reports may be made to the Secretary of State for the information of the consular representative of the United States in the Philippine Islands.* (Sec. 3, 49 Stat. 478; 48 U.S.C., Sup., 1253) [G.O. 231, Mar. 25, 1936, 1 F.R. 76] 31.6 Report of arrival at Manila. Officers in charge of vessels shall use Form 697 in reporting, by mail or otherwise, to the immigration and naturalization officer in charge at the port of embarkation, of the date of arrival and disembarkation at Manila, Philippine Islands, of Filipinos transported thereto under §§ 31.1-31.6.* (Sec. 3, 49 Stat. 478; 48 U.S.C., Sup., 1253) [G.O. 231, Mar. 25, 1936, 1 F.R. 76] 31.7 Certification to the Secretary of Navy and Secretary of War. The Secretary of Labor shall certify to the Secretary of the Navy and the Secretary of War the name of all Filipinos who have been found eligible for return to Manila, Philippine Islands, under the Act of July 10, 1935 (49 Stat. 478), and who consent to be returned thereto in accordance with the provisions of this part. (Secs. 1, 3, 49 Stat. 478; 48 U.S.C., Sup., 1251, 1253) [G.O. 231, Mar. 25, 1936, 1 F.R. 76] *For statutory citation, see note to § 31.1. Page 125 PART 32-POSTING OF IMMIGRATION LAWS BY TRANSPORTATION COMPANIES Section 32.1 Posting of immigration laws by transportation companies. Upon application by any transportation company, the Central Office will furnish a summary of all immigration laws, 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 (27 Stat. 570; 8 U.S.C. 172). Certificates in relation to the posting of immigration laws and other matters which, under said law, transportation companies must file, shall be filed with the Central Office on January 1 and July 1 each year. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 122) [26, Im. R. & Regs., Jan. 1, 1930] PART 36-EXECUTIVE ORDERS AFFECTING ALIENS AND CITIZENSHIP 36.3 Documents required of bona fide alien seamen entering the United States. Documents required of aliens entering the United States. 36.1 Refusal of permission to alien laborers to enter the United States. 36.2 Documents required of aliens entering the United States on air- 36.4 ships. Section 36.1 Refusal of permission to alien laborers to enter the United States. 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 enabling 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 Department 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 detriment of labor conditions therein; I hereby order that such alien laborers, skilled or unskilled, be refused permission 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 Naturalization, such measures and to make and enforce such rules and regulations as may be necessary to carry this order into effect. [E.O. 1712, Feb. 24, 1913] Page 126 36.2 Documents required of aliens entering the United States on airships. I Members of crews of airships arriving in the United States who intend to leave the United States on the same airships on which they arrive, or to leave otherwise immediately or shortly after arrival, will not be required to submit individual passports or other documents, provided they are included in crew lists visaed by consular officers of the United States, in accordance with the requirements of the Executive Order of June 14, 1924, or with such orders on the subject as may from time to time be issued. II Alien passengers arriving in the United States on airships will be required to submit the same documents which are required of alien passengers arriving otherwise in the United States. III In cases of airships coming to the United States from foreign countries the Secretary of State should be informed in advance of the date and place of the expected arrival, in order that the Secretary of the Treasury and the Secretary of Labor may be advised. The Secretary of State and the Secretary of Labor are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned herein. This order is supplementary to the Executive Order of June 14, 1924, concerning "Documents required of Aliens entering the United States", and is to take effect immediately. [E.O. 4049, July 14, 1924] 36.3 Documents required of bona fide alien seamen entering the United States. I Seamen whose occupational status as such is found to be bona fide, entering the ports of the United States solely in the pursuit of their calling as seamen may be admitted temporarily in the discretion of the Secretary of Labor and under regulations prescribed by the Secretary without passports or visas if arriving in the United States under the following circumstances: (a) Seamen who were members of the crew of an American vessel which has been sold and delivered abroad, when the contract of employment provides for the return of the crew or the laws of the United States provide for their return to an American port. (b) Seamen returned to the United States in accordance with the terms of the articles of outward voyage. Page 127 |