Page images
PDF
EPUB

6.2 Admissibility of transit aliens; conditions. Any alien arriving at a port of the United States and applying for admission as a transit alien may be temporarily admitted for a reasonable time not exceeding 60 days, for the purpose of such transit when it is satisfactorily established" (a) that the alien is not an immigrant within the meaning of section 3 of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203); (b) that he will depart from the United States within 60 days; (c) that he is not a member of any one of the excluded classes, except excludable aliens whose temporary admission has been authorized in advance by the Secretary of Labor; and (d) that he does not seek such transit privilege for the purpose of evading or violating any of the provisions of the immigration laws.** (47 Stat. 524; 8 U.S.Č. 215; E.O. 7865, Apr. 12, 1938, 3 F.R. 753) [6–B-1]

6.3 Transits; notation to be made on passports. Passports presented by aliens who are admitted under section 3 (3) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), shall be rubberstamped (with stamp furnished by the Central Office) and signed by the admitting officer to indicate the particular status under which admitted and the port and date of admission and the time for which admitted. This entry shall be made by the use of indelible pencil. Where the period for which temporary admission is extended, no notation of the extension need be made on the passport. However, a letter should be directed to the alien informing him of the exact date to which temporary admission was extended and advising him to keep the letter with his passport and to present both to any immigration officer upon request therefor.* [G.O. 85, Apr. 13, 1927)

6.4 Admissibility of transits; additional conditions. The Secretary of Labor or the officer in charge may (a) require that the alien shall be accompanied while in transit by a sufficient number of immigration officers and guards or attendants as will insure his passage through and out of the United States without unnecessary delay, and (b) exact a bond in a sum not less than $500 conditioned that the alien shall by continuous transit pass through and out of the United States within a reasonable time, not exceeding 60 days, thereafter.** (47 Stat. 524; 8 U.S.C. 215) [6-B-2]

6.5 Attendants; designation and expense. The accompanying immigration officials provided for in § 6.4, shall be designated and detailed for such purpose by the officer in charge at the port of arrival, and upon request of such officer in charge the transportation company or companies interested shall at their own expense furnish guards or attendants, in such number as shall be required by such officer, to assist such immigration officials, and such guards or attendants shall be under the immediate control and direction of such accompanying immigration officials during the time such alien is in transit through the United States: Provided, That all necessary expense incurred by such accompanying immigration official or officials and such guards or attendants, including their transportation to and from the place where such alien departs from the United States, shall be paid by such interested transportation company or companies.*+ (47 Stat. 524; 8 U.S.C. 215) [6-B-3]

**For statutory and source citations, see note to § 6.1.

Page 43

6.6 Exclusion of aliens applying as transits. Any alien arriving at a port of the United States and applying for admission as a transit alien shall, if found to be a member of any

one of the excluded classes, be refused permission to enter, in the same manner as an immigrant alien. Cases where refusal of the transit privilege would entail excessive hardship may be reported to the Central Office for a special ruling.** (Secs. 16, 17, 39 Stat. 885, 887; 8 U.S.C. 152, 153) [6-B-4]

6.7 Deportation of transits. Any alien 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.*+ (Sec. 14, 43 Stat. 162; 8 U.S.C. 214) [6-B–5]

PART 7-ALIEN SEAMEN

Sec.

Sec. 7.1 Alien seaman defined.

7.21 Alien seaman seeking entry in pur. 7.2 Bona fide alien seamen defined.

suit of calling; when ordered de7.3 Arriving from any foreign port or

tained ; waiver of crew list. place defined.

7.22 Medical examination of alien sea7.4 Foreign defined.

men required.

7.23 Medical examination of alien sea7.5 Arrival in ports defined.

men; by whom conducted; re7.6 Reasonable time defined.

moval of seamen at later port. 7.7 Listing of alien seamen.

7.24 Medical examination of alien sea7.8 Listing of aliens employed on ves

man; mandatory exclusion; right sel; manner of; forms.

of appeal. 7.9 Listing of alien employees; term 7.25 Medical certificates as to seamen; "first” to be used.

form ; content; to whom deliv7.10 List of arriving seamen ; to whom

ered. delivered ; changes, how reported. 7.26 Afflicted seamen; treatment; no7.11 Crew list; notation of treatment tice of liability to master. during voyage.

7.27 Afflicted seamen; when landing 7.12 Lists of alien employees; when permitted; when treated at vesclearance of vessel denied.

sel's expense. 7.13 Illegal landing of alien; notice.

7.28 Afflicted seamen; procedure. 7.14 Seaman's identification card; ap- 7.29 When clearance of vessel withplication.

held; procedure. 7.15 Seaman's identification card ; quali- 7.30 Afflicted seamen; when discharged fications,

from hospital; further procedure. 7.16 Seaman's identification card ; exe

7.31 Afflicted seamen ; procedure where cution of; disposition of dupli

recovery not certifiable at expira

tion of 30 days. cate.

7.32 Amicted seamen; periodic check 7.17 Primary inspection of seamen.

concerning. 7.18 Seaman previously excluded; when 7.33 Violations of Act providing for instruction to be sought.

treatment of alien seamen to be 7.19 Alien seaman previously deported

promptly reported. or removed; not permitted to 7.34 Detention of seamen pending inland except under certain condi

spection. tions.

7.35 Notice to detain or deport alien 7.20 Alien seaman seeking entry as an employee of vessel ; verification immigrant; returning resident.

of departure.

Page 44

*iFor statutory and source citations, see note to § 6.1.

Sec.

Sec. 7.36 Detained seamen; when removal 7.41 Seamen returned to United States; permitted.

when vessel exempted from lia7.37 Arrest and deportation of seamen ; bility; immigration appropriation procedure.

not available for hospital treat7.38 Seamen returned to the United

ment. States; disposition.

7.42 Disabled seamen; conditions for 7.39 Seamen returned to United States passing in transit; immigration by consuls; evidence required.

officials to confer with appropri7.40 Seamen returned to United States;

ate officers. procedure when afflicted; when 7.43 Afflicted seamen; expense of telenot afflicted.

grams concerning.

CROSS REFERENCES

Consular regulations prescribing conditions under which aliens lose status of

American seaman: See Foreign Relations, 22 CFR 83.264. Consular regulations relating to seaman: See Foreign Relations, 22 CFR Parts

81-86. Medical relief affecting seamen : See Public Health, 42 CFR Part 2.

Section 7.1 Alien seaman defined. The term "alien seaman” shall include every alien signed on the ship's articles and employed in any capacity on board any vessel arriving in the United States from any foreign port or place. Only such aliens who come within

this definition shall be treated in the special manner specified in this part.** (Sec. 1, 39 Stat. 874; 8 U.S.C. 173) [7-A-1]

*88 7.1 to 7.43, 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 $$ 7.1 to 7.43, inclusive, (except for amendments and supplemental documents noted in text,) is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. CROSS REFERENCE: For admissibility of alien seamen, see 41.1 (j).

7.2 Bona fide alien seamen defined. As used in section 3 (5) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203), the term "bona fide alien seamen” means any alien who in good faith is signed on the articles of a vessel arriving at a port of the United States from any place outside thereof, employed in any capacity on board such vessel, and seeking to enter the United States temporarily solely in the pursuit of his calling as a seaman, with the intention of departing with the vessel or reshipping on board any other vessel for any foreign port or place.*+ [7-A-2]

7.3 Arriving from any foreign port or place defined. “Arriving in the United States from any foreign port or place” means arriving in “the United States, and any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone and the Philippine Islands,” from any port or place in a foreign country, in the Canal Zone, or the Philippine Islands (sections 1, 19, 31, and 33 to 36 of the Act of February 5, 1917 (39 Stat. 874ff.); 8 U.S.C. 173, 155, 165, 168, 166, 169, 171) (section 1 of the Chinese Exclusion Act of April 29, 1902, as amended by section 5 of the Deficiency Act of April 27, 1964; 33 Stat. 428; 8 U.S.C. 295), 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 (30

**For statutory and source citations, see note to $ 7.1.

Page 45

Stat. 751; 8 U.S.C. 293)). Ports of the Isthmian Canal Zone and of the Philippine Islands shall be deemed foreign ports, and any vessel entering and clearing from any such ports shall be subject to all the immigration laws, rules, and regulations applicable to vessels arriving in the United States from any foreign port or place.* (Sec. 8, 48 Stat. 462; 48 U.S.C. 1238) [7-A-3, Im. R. & Regs. as amended by G.O. 243, Jan. 30, 1937, 2 F.R. 233]

7.4 Foreign defined. In the expression “reship foreign” and similar expressions used in this part, the word "foreign" includes the Philippine Islands and the Canal Zone in all cases.* (Sec. 1, 39 Stat. 874, sec. 8, 48 Stat. 462; 8 U.S.C. 173, 48 U.S.C. 1238) [7-A 4, Im. R. & Regs., as amended by G.O. 243, Jan. 30, 1937, 2 F.R. 233]

7.5 Arrival in ports defined. The expression "arrival in ports of the United States” (Act of December 26, 1920 (41 Stat. 1082; 8 U.S.C. 170)) shall be taken to mean arrival at ports in the United States from a foreign port or place. If a vessel arrives foreign at a port of the United States and later on the same voyage touches at other ports of the United States, she will for the purpose of this definition be regarded as arriving foreign at such other ports.*+ [7-A-5]

7.6 Reasonable time defined. The expression "reasonable time" (Act of December 26, 1920 (41 Stat. 1082; 8 U.S.C. 170)) shall be regarded in no instance as a period exceeding 30 days. What shall constitute a "reasonable time" within a period of 30 days will be left to the determination of the officer in charge of the port, which determination shall be based upon a consideration of the views of the appropriate medical officer in charge of the hospital (evidenced by a certificate), as well as all the facts presented in and the circumstances attendant upon each individual case.*+ [7-A-6]

7.7 Listing of alien seamen. Arriving and departing seamen shall be listed on the blank forms hereinafter provided for in accordance with the terms of section 36 of the Act of February 5, 1917 (39 Stat. 896; 8 U.S.C. 171). When an arriving seaman is a "workaway", a notation to that effect should be made upon the list.*+ (E.O. 7797, Jan. 26, 1938, 3 F.R. 216) [7-B-1]

7.8 Listing of aliens employed on vessel; manner of; forms. The lists provided for by section 36 of the Act of February 5, 1917 (39 Stat. 896; 8 U.S.C. (171), to be delivered upon arrival, containing the names of all aliens employed on the vessel and other information concerning them, shall be typewritten or printed in the English language on white commercial ledger paper 1812 by 36 inches, basis 50 pounds, in sheets 18 by 18 inches, and according in every respect to Form 680 now in use and approved by the Commissioner of Immigration and Naturalization, or in such form or forms as may hereafter be prescribed : Provided, That such lists may be written in longhand whenever it is impracticable to typewrite or print them. The statement of the master of the vessel regarding changes in the crew as provided for by said section 36, which is to be made prior to departure, shall be typewritten or printed in the English language on white writing paper 21 by 32 inches, basis 43 pounds, and 100 per cent rag, in sheets 16 by 1012 inches, and folded once and accord

Page 46

*ịFor statutory and source citations, see note to 8 7.1.

ing in every respect to Form 689 now in use and approved by the Commissioner of Immigration and Naturalization, or in such form or forms as may hereafter be prescribed. The forms herein provided for shall be furnished by the owner, agent, consignee, or master of the vessel having such aliens on board at the expense of such owner, agent, consignee, or master and according to the specifications herein set out.** [7-B-2]

7.9 Listing of alien employees; term "first” to be used. In preparing Form 680 the owner, agent, consignee, or master of any vessel arriving in the United States from any foreign port or place shall insert the word “first” before the name of each alien seaman who was not employed on such vessel on her last preceding voyage to the United States.** (Sec. 36, 39 Stat. 896; 8 U.S.C. 171) [7-8–3]

7.10 List of arriving seamen; to whom delivered; changes, how reported. When a vessel calls at several United States ports the list of arriving seamen, required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 171), shall be delivered to the official in charge at the port of arrival, who will give his receipt therefor to the master; the report of illegal landings required by said section shall be made to the official in charge at the port of arrival or call where the illegal landing occurs; and the list of departing, deserted, and landed seamen required by said section shall be delivered to the official in charge at each port of call. The official in charge at any port of call or final clearance foreign shall promptly notify the 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.*+ [7-B-4]

7.11 Crew list; notation of treatment during voyage. When any alien member of the crew shall have been treated or furnished with medicine during the voyage for any of the diseases or disabilities specified in section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 Ù.S.C. 169), the master or other officer of the vessel shall make notation of such fact in the appropriate column of the crew list opposite the name of the seaman receiving such treatment or medicine.*1 [7–B-5]

7.12 Lists of alien employees; when clearance of vessel denied. Clearance shall not be granted any vessel until the lists required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 171), have been furnished, and not then unless notice of liability to the administrative fine prescribed by said section or to that prescribed by section 35 of said Act (39 Stat. 896; 8 U.S.C. 169) having been served, the deposit specified in $$ 23.13–23.17, has been made.-t [7-B-6]

7.13 Illegal landing of alien; notice. The notice required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 171), 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, number of identification card, nation

**For statutory and source citations, see note to § 7.1.

Page 47

« PreviousContinue »