bond in the sum of $500 to insure the faithful performance all and singular of such conditions. Where such bond is exacted from a husband or father admitted under section 3 (6) a bond may be exacted of the alien wife or minor children to insure that the wives or minor children shall depart from the country without expense to the United States upon the failure of the husband or father to maintain his exempt status as such a merchant, and, in the case of the wife, upon the termination of marital relationship: And Provided further, That at ports where there are no permanent boards of special inquiry the exacting of bonds shall be under the control of the officer in charge.* (23 Stat. 116, sec. 2, 28 Stat. 8, sec. 15, 43 Stat.. 162; 8 U.S.C. 265, 289, 215) [18–2, Ch. R. & Regs., Oct. 1, 1926] *88 54.1 to 54.4, inclusive, issued under the authority contained in sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. 54.2 Transit alien; requirement of voluntary departure. Chinese aliens admitted to the United States in transit under section 3 (3) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), whether laborers or of the exempt class, and whether or not required to furnish a bond guaranteeing departure, must depart from the United States within the period for which admitted.* (Sec. 15, 43 Stat. 162; 8 U.S.C. 215) [18-3, Ch. R. & Regs., as amended by Ch. G.O. 24, Apr. 6, 1938, 3 F.R. 725] 54.3 Students failing to maintain status; deportation. Any alien Chinese student admitted to the United States as a nonquota immigrant under the provisions of section 4 (e) of the Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), who fails, neglects, or refuses regularly to attend the school, college, academy, seminary or university to which he has been admitted, or to any such educational institution to which the Department has authorized his transfer, or who fails, neglects, or refuses to maintain the status of a bona fide student, or who is expelled from such institution; or who engages in any business or occupation for profit, or who labors for hire, shall be deemed to have abandoned his status as an immigrant student and shall, on the warrant of the Secretary of Labor, be taken into custody and deported as provided in section 14 of the Immigration Act of 1924.* (Secs. 14, 15, 43 Stat. 162; 8 U.S.C. 214, 215) [18–4, Ch. R. & Regs., Oct. 1, 1926] 54.4 Treaty merchants, their wives and children, failing to maintain status; visitors and transits, failing to depart; deportation. Aliens who have been admitted as nonimmigrants temporarily for business or pleasure under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), and who fail to depart within the period for which admitted, or to which admission has been extended; those admitted as nonimmigrants under section 3 (3) for the purpose of transit through the United States who shall fail or refuse to pass through and out of the United States within the time fixed or allowed, or who shall be found within the United States after the expiration of such time; and aliens admitted under section 3 (6) of said Act (47 *For statutory citation, see note to § 54.1. Page 163 Stat. 607; 8 U.S.C. 203) as nonimmigrants (together with their alien wives and minor children admitted at the same time or subsequently) who shall fail or refuse to maintain the status under which admitted, or to depart voluntarily when they have ceased to maintain such status, shall be taken into custody upon the warrant of the Secretary of Labor and deported as provided in section 14 of the Immigration Act of 1924. (Secs. 14, 15, 43 Stat. 162; 8 U.S.C. 214, 215) [18-5, Ch. R. & Regs., Oct. 1, 1926] Sec. PART 55-TRANSIT OF CHINESE 55.1 Ports of entry for transit. 55.4 Laborers; when admissible; bond. graphs and descriptive lists. Sec. 55.6 Nonlaborers; conditions of admissibility. 55.7 Transit alien; when deemed unlawfully in United States; deportation. Section 55.1 Ports of entry for transit. Chinese shall not be granted the privilege of transit across the United States to foreign countries elsewhere than at the seaports of Port Townsend and Seattle, Wash., Portland, Oreg.; San Francisco, San Pedro, and San Diego, Calif.; New Orleans, La.; Key West, Fla.; New York, N. Y.; and Boston, Mass.; or the border ports of St. Albans, Vt.; Malone, N. Y.; Tia Juana and Calexico, Calif.; the regular ports of entry in district No. 17 (see § 3.1); and Eagle Pass, Laredo and Galveston, Tex.** (Sec. 7, 25 Stat. 477, sec. 5, 33 Stat. 428; 8 U.S.C. 277) [19-1-1, Ch. R. & Regs., as amended by Ch. G.O. 14, 1st Supp. Nov. 30, 1931] **§§ 55.1 to 55.7, inclusive, issued under the authority contained in sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. 55.2 Laborers; when inadmissible. Chinese laborers shall not be granted the privilege of transit through the United States to foreign territory if afflicted with tuberculosis or a loathsome contagious or dangerous contagious disease, unless specifically authorized by the Department under stipulated conditions. No Chinese laborers shall be granted the privilege of transit unless they comply with the requirements of §§ 55.3-55.5. The applicant shall be refused permission to land if in the judgment of the official in charge of the port of arrival he is seeking the privilege of transit with an ulterior purpose of gaining unlawful residence in the United States, or conditions at his claimed destination are such as to make it probable that he will subsequently smuggle into the United States.** (Sec. 3, 39 Stat. 875, sec. 3, 43 Stat. 154; 8 U.S.C. 136, 203) [19-2-1, Ch. R. & Regs., Oct. 1, 1926] 55.3 Laborers; when admissible; proof of bona fides. The applicant shall produce to the official in charge at the port of arrival such reasonable proof as may be required to satisfy the said official that a bona fide transit only is intended and that the applicant has not the ulterior purpose of gaining residence in the United States in violation of law. No such applicant shall be considered as intending Page 164 *For statutory citation, see note to § 54.1. in good faith to make such transit only if he has already, on the same arrival, made application for and been denied admission to the United States. (Sec. 3, 43 Stat. 154; 8 U.S.C. 203) [19-3-1 (a), Ch. R. & Regs., as amended by Ch. G.O. 14, Sept. 28, 1929] 55.4 Laborers; when admissible; bond. The applicant, or some responsible person in his behalf, or the transportation company, shall furnish to the said official in charge a good and sufficient bond in the penal sum of not less than $500, conditioned for applicant's continuous transit through and actual departure from the United States within a period not exceeding 60 days from the date said privilege is granted; but the said bond shall not be required of any such applicant who remains on shipboard or who is transferred from one vessel to another vessel in a United States port for transit through the water territory of the United States, unless the vessel on which applicant departs is to touch at another port of the United States on the way to its foreign destination.* (Sec. 15, 43 Stat. 162; 8 U.S.C. 215) [19-3-1 (b), Ch. R. & Regs., as amended by Ch. G.O. 23, July 10, 1937, 2 F.R. 1210] 55.5 Laborers; when admissible; photographs and descriptive lists. The applicant shall furnish to official in charge at the port of arrival, to be taken as directed by said official, a photograph of himself, in triplicate, together with such information as may be required. Said official in charge shall prepare a descriptive list, to which one of the photographs shall be attached, for file in his office, containing as to each Chinese laborer applying for the privilege of transit the following information: Name, age, sex, last place of residence, and the data referred to therein required for his identification. To the said descriptive list there shall be attached a dated and signed statement by the said official in charge that applicant has complied with all the provisions in §§ 55.1-55.6, and that, being assured of applicant's good faith, the privilege of transit under bond has been accorded him. Two copies of the descriptive list shall be prepared by the said official in charge on detached blanks corresponding in form with the said descriptive list, to each of which shall be attached one of the photographs and upon each of said photographs, as well as on the one attached to said list, shall be stamped the seal of the said official in charge, so placed as not to cover any part of the face. One of said copies shall be forwarded by the first mail after it is prepared to the official in charge at the intended port of exit, and the remaining copy shall be given to the conductor of the train or to the captain of the vessel by which the Chinese laborer to whom it relates is carried, for delivery to the said official at the port of exit. The copy forwarded to the port of exit shall be retained by the official in charge thereof for his files, and the other, after endorsement has been made thereon, duly signed and dated, to the effect that the Chinese laborer named therein has been identified and has departed from the United States, shall be mailed to the official by whom it was prepared, and its receipt by him, duly executed as herein required, shall be his authority for cancelation of the bond given on behalf of the Chinese laborer. (Sec. 15, 43 Stat. 162; 8 U.S.C. 215) [19-3-1 (c), (d), (e), (f), Ch. R. & Regs., Oct. 1, 1926] 55.6 Nonlaborers; conditions of admissibility. No Chinese person who shall satisfy the official in charge that he is other than a *For statutory citation, see note to § 55.1. Page 165 laborer (although not supplied with the certificate provided for by section 6 of the Act of July 5, 1884 (23 Stat. 116; 8 U.S.C. 265)) shall be required to comply with such of the provisions of §§ 55.1-55.6, as require Chinese laborers seeking the privilege of transit to submit photographs of themselves and to be measured, or to furnish transit bond, unless such bond is deemed necessary by the immigration and naturalization official in charge.* (Sec. 15, 43 Stat. 162, 8 U.S.C. 215) [19-4-1, Ch. R. & Regs., as amended by Ch. G.O. 14, Sept. 28, 1929] 55.7 Transit alien; when deemed unlawfully in United States; deportation. Any Chinese person temporarily admitted to the United States as a transit alien who shall fail or refuse to pass through and out of the United States within the time fixed or allowed, or who shall be found within the United States after the expiration of such time, shall be deemed to be unlawfully within the United States and, shall on warrant of the Secretary of Labor, be taken into custody and deported as provided in section 14 of the Immigration Act of 1924.* (Secs. 14, 15, 43 Stat. 162; 8 U.S.C. 214, 215) [19-5-1, Ch. R. & Regs., as amended by Ch. G.O. 24, Apr. 6, 1938, 3 F.R. 725] Sec. PART 56-CERTIFICATES OF IDENTITY 56.1 Who entitled. 56.2 Form of certificate of identity. Sec. 56.5 Retention of other evidence. 56.6 Replacement of lost, mutilated or destroyed certificates of identity. 56.7 Duplicate certificates; filing. 56.8 Value of certificates of identity. 56.4 Photograph, measurement, and 56.9 Grounds for cancelation of certifiphysical marks. cate of identity. Section 56.1 Who entitled. With a view to affording a proper and efficient means of identification to Chinese persons, or persons of Chinese descent, admitted or readmitted to the United States upon proof of their status as members of the classes specifically exempted from the excluding provisions of the Chinese-exclusion laws or other applicable laws, or upon proof that they are lawfully resident laborers, or citizens of the United States by birth therein, or descent, a certificate of identity shall be issued by the official in charge at the port of entry to each such person, the instructions contained in §§ 56.2-56.7 to be observed carefully in issuing such certificates: Provided, That only one such certificate shall be issued to any one Chinese person, except that duplicates of those unavoidably lost, destroyed, or seriously mutilated, may be furnished under the terms of § 56.6, the method to be followed with a view to preventing a violation of this proviso being described in § 56.8**† [20–1–1] **88 56.1 to 56.9, inclusive, issued under the authority contained in sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. †The source of §§ 56.1 to 56.9, inclusive, (except for the amendment noted in the text,) is Chinese rules and regulations, I&NS, Oct. 1, 1926. 56.2 Form of certificate of identity. The certificates of identity are printed from engraved plates, numbered consecutively, and Page 166 *For statutory citation, see note to § 55.1. bound in books containing 50 each, an original and a duplicate of each number being furnished, arranged the latter above the former for convenience in copying from one to the other, and perforated to permit of easy detachment from the book and from each other.*t [20-2-1] 56.3 Preparation of certificate of identity; issuance of new certificate for new status. In issuing certificates of identity care shall be exercised to have the original and the duplicate correspond in every detail. All blank spaces remaining after writing in the data required to complete the identification of the person to whom the certificate is issued shall be covered by ruled lines, so as to prevent the insertion of any additional word or words without detection, and the seal of the issuing officer should be impressed across the margin of the photograph near the center of the certificate. If a Chinese on readmission is of a different status than that shown on a certificate of identity previously issued to him, he may be issued a new certificate as of his status on readmission, the former one to be canceled.** [20-3-1] 56.4 Photograph, measurement, and physical marks. Certificates of identity, being issued as an accommodation to Chinese persons, such persons as may apply for same shall be required to furnish three suitable unmounted photographs of themselves, 2 inches by 2 inches in size, printed from the same negative that has not been retouched, representing the subject without hat, full front view, showing both ears, measuring 114 inches from top of head to point of chin. One photograph each shall be attached to the original and duplicate of the certificate with great care to insure permanency and prevent warping. The third photograph shall be retained in the files of the issuing office. The height shall be carefully taken_and inserted in feet and inches, and in recording physical marks and peculiarities those which are the most prominent and the least likely to be obliterated by lapse of time shall be selected. In recording the status as of which admitted, the address to which destined shall be given if possible.** [20-4-1] 56.5 Retention of other evidence. Upon the issuance of the certificate of identity all other certificates or papers, with the exception of birth certificates, offered by Chinese exempts, laborers, or American citizens, to establish their right of admission to the United States, shall be retained by the official at the port of entry.* [20–5–1, Ch. R. & Regs., as amended by Ch. G.O. 20, Nov. 16, 1931] 56.6 Replacement of lost, mutilated, or destroyed certificates of identity. If a certificate of identity shall be unavoidably lost, destroyed, or seriously mutilated at any time, a certificate in lieu thereof will be issued by the Central Office upon the applicant's furnishing satisfactory proof of the unavoidable loss, destruction, or mutilation of such certificate, of his identity as the person to whom it was issued originally, and of his present status. He shall also furnish three photographs as described in § 56.4. The certificate issued by the Central Office shall contain a personal description of the Chinese at the time of its issuance.*+ [20-7-1] **For statutory and source citations, see note to § 56.1. Page 167 |