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ality, and description of the alien and “any information" within the knowledge of the master or officers of the ship or transportation line "likely to lead to his apprehension”.** [7-C-1]
7.14 Seamen's identification card; application. An alien who has been lawfully admitted to the United States for perynanent residence, who intends to follow or continue following the calling of a seaman in the coastwise trade or on American passenger vessels operating under subsidy in accordance with the Merchant Marine Act of 1936 (49 Stat. 1985), and who has not been issued an immigrant identification card, or a certificate of registry, or who has not, subsequent to June 30, 1929, declared his intention to become a citizen of the United States, may file an application (Form 751) for a seaman's identification card as evidence of his status as an alien who has been lawfully admitted to the United States for permanent residence.* [7-D-1, Im. R. & Regs., as amended by G.O. 237, Aug. 8, 1936, i F.R. 1048]
7.15 Seaman's identification card; qualifications. A seaman's identification card (Form 699) shall be issued by the immigration and naturalization officer in charge to an applicant only upon the submission of satisfactory evidence that the applicant (a) is an alien who was lawfully admitted to the United States for permanent residence; (b) intends to follow or continue following the calling of seaman in the coastwise trade or on American passenger vessels operated under subsidy in accordance with the Merchant Marine Act, 1936, (49 Stat. 1985); and (c) has not been issued an immigrant identification card, a certificate of registry, or did not, subsequent to June 30, 1929, declare his intention to become a citizen of the United States.*' [7-D-2 (a), Im. R. & Regs., as amended by G.O. 237, Aug. 8, 1936, 1 F.R. 1048]
7.16 Seaman's identification card; execution of; disposition of duplicate. In order that such seaman's identification card may not be transferred from one person to another, a photograph of the alien shall be attached thereto and the impress of the seal of the Immigration and Naturalization Service made partly on the photograph and partly on the card. In addition, the signature of the issuing officer shall be written partly on the card and partly on the photograph. A duplicate of every seaman's identification card issued shall be transmitted to the Commissioner of Immigration and Naturalization, Washington, D. C.*1 [7-D-2 (b), (c)]
7.17 Primary inspection of seamen. In addition to the medical examination hereinafter provided for, all seamen arriving in ports of the United States shall be regularly inspected by immigrant inspectors.* (Sec. 16, 39 Stat. 885; 8 U.S.C. 152) [7-E-1, Im. R. & Regs., as amended by G.O. 237, Aug. 8, 1936, 1 F.Å. 1048]
7.18 Seaman previously excluded; when instruction to be sought. Whenever it is ascertained that a seaman applying for either permanent or temporary admission belongs to the excluded class section 3 of the Immigration Act of 1917, as amended by the Act of March 4, 1929, 39 Stat. 875, 1 (d), 45 Stat. 1551; 8 U.S.C. 136 (j), (q)), "Persons who have been excluded from admission and
**For statutory and source citations, see note to § 7.1.
deported in pursuance of law, and who may again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a place outside the United States or their attempt to be admitted from foreign contiguous territory the Secretary of Labor had consented to their reapplying for admission”, the case shall promptly be brought to the attention of the Department with request for instruction.** (Sec. 19, 43 Stat. 164; 8 U.S.C. 166) [7-E-2]
7.19 Alien seaman previously deported or removed; not permitted to land except under certain conditions. It shall be the duty of the inspector to order detained on board, in accordance with the provisions of sections 19 and 20 of the Immigration Act of 1924 (43 Stat. 164; 8 U.S.C. 166, 167), (a) any alien seaman who has been heretofore or is hereafter arrested and deported in pursuance of law and is found employed on any vessel arriving in the United States, unless he has obtained from the Secretary of Labor, in conformity with law, permission to reapply for admission and arrives at least one year after the date of deportation; and (b) any alien seaman found subject to exclusion from admission to the United States under section 23 of the Immigration Act of 1917, as amended by the Act of May 14, 1937 (39 Stat. 892, 50 Stat. 164; 8 U.S.C. 102 and Sup.), because he was removed from the United States subsequent to May 13, 1937, in the manner provided in the last mentioned statutes, unless permission to apply for readmission has been granted to such alien by the Secretary of State and the Secretary of Labor. In emergent cases seamen covered by this section may be accorded hospital treatment as provided in the regulations relating to seamen.* (Sec. 1 (a-c), 45 Stat. 1551, 46 Stat. 41, sec. 7, 47 Stat. 166; 8 U.S.C. 180, 181) [7-E-3, Im. R. & Regs., as amended by G.O. 260, Mar. 17, 1938, 3 F.R. 600]
7.20 Alien seaman seeking entry as an immigrant; returning resident. An alien seaman seeking to enter the United States as an immigrant shall be subject to all the immigration laws, rules, and regulations applicable to immigrants and shall be required to present to the proper immigration official at the port of arrival a valid unexpired immigration visa : Provided, That where it shall appear satisfactorily to such immigration official that such alien seaman previously has been lawfully admitted to the United States for permanent residence and is returning from a temporary visit abroad and is otherwise admissible he may be regularly admitted without an immigration visa or return permit upon payment of head tax.* (Sec. 13, 43 Stat. 161; 8 U.S.C. 213) [7-E-4, İm. R. & Regs., as renumbered by G.O. 260, Mar. 17, 1938, 3 F.R. 600]
7.21 Alien seaman seeking entry in pursuit of calling; when ordered detained; waiver of crew list. An alien seeking to enter the United States pursuant to the provision of section 3 (5) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203) shall establish to the satisfaction of the proper immigration official at the port of arrival (a) that he is a bona fide seaman; (b) that his name appears on the duly visaed crew list of the vessel on which he arrives; (c)
**For statutory and source citations, see note to § 7.1.
that he is an employee of such vessel and in good faith signed on her articles; (d) that he seeks to enter solely on business of such vessel, or that he seeks to enter solely in pursuit of his calling as a seaman; and (e) that he has no intention to abandon such calling; and where such immigration official is not so satisfied he shall order the owner, charterer, agent, consignee, or master of the vessel on which such alien arrives to detain such alien on board and deport him in the manner required by law: Provided, That an alien seaman whose name is not included on a visaed crew list may be allowed to land, if otherwise entitled to land, upon the permission of the Secretary of State.* (Secs. 20 (a-c), 23, 43 Stat. 164, 165, sec. 33, 39 Stat. 896; 8 U.S.C. 221, 167, 168; E.O. 7797, Jan. 26, 1938, 3 F.R. 216) [7-E-5, Im. R. & Regs., as renumbered by G.O. 260, Mar. 17, 1938, 3 F.R. 600]
7.22 Medical examination of alien seamen required. 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 shalĩ be similar to that made in cases of alien passengers.*+ (Sec. 16, 39 Stat. 885, sec. 20 (a), 43 Stat. 164; 8 U.S.C. 152, 167 (a)) [7-F-1]
7.23 Medical examination of alien seamen; by whom conducted; removal of seamen at later port. Physical and mental examination of alien seamen shall be conducted by physicians of the Public Health Service, and, when practicable, immediately upon arrival from a foreign port or place of a vessel at a port of the United States: Provided, That if a vessel so arriving should later, on the same voyage, proceed coastwise, any “afflicted
seaman” or alien suspected of being an "afflicted seaman" then aboard, whose disability was not detected upon arrival foreign, may be removed for treatment or observation thereafter upon touching at another port of the United States, in the manner provided for and under the conditions applicable to such cases generally.*+ (Sec. 16, 39 Stat. 885, sec. 20 (a), 43 Stat. 164, 41 Stat. 1082; 8 U.S.C. 152, 167 (a), 170) [7-F_2]
7.24 Medical examination of alien seaman; mandatory exclusion; right of appeal. If any such seaman shall be found, as the result of examination 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 of the Immigration Act of 1917 (39 Stat. 875; 8 U.S.C. 136), 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. ** (Secs. 16, 34, 39 Stat. 885, 896, secs. 19, 20 (a), 43 Stat. 164; 8 U.S.C. 152, 166, 167 (a)) [7-F-3]
7.25 Medical certificates as to seamen; form; content; to whom delivered. A separate certificate shall be issued by the medical examiner conducting the examination as to each and every "afflicted seaman” or alien seaman suspected of being an "afflicted seaman", which certificate shall conform generally to medical certificates customarily rendered in respect to mentally or physically defective alien
**For statutory and source citations, see note to 8 7.1.
applicants for admission or alien applicants suspected of being so defective. These certificates shall in every case of disability, the nature of which is definitely ascertained, state whether the same can likely be cured within 30 days. Certificates rendered in suspected cases will state, when the circumstances permit, the nature of the disability suspected and approximately the period of observation believed necessary to final determination of the nature of the disability. When practi cable, medical certificates shall be rendered as soon as examination of the crew is completed and at once delivered to the immigration boarding officer or in his absence to the officer in charge of the port.** (Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 U.S.C. 169, 170) [7-F-4
7.26 Afflicted seamen; treatment; notice of liability to master, etc. An alien afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome or dangerous contagious disease who is employed on board any vessel, including vessels of American registry operating between a port of the United States and a port of a foreign country, shall, upon arrival at the first or subsequent ports in the United States, be detained and treated in a hospital under supervision of the proper immigration official at the expense of the vessel bringing such alien to the United States. In the case of any such vessel carrying passengers where the medical officer certifies that 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 affliction might have been detected by means of a competent medical examination at such time, the official in charge at the port of arrival shall serve or cause to be served on the owner, agent, consignee, or master of such vessel a notice in writing that liability for the fine imposed by section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 169), has been incurred in respect of each alien so certified.** (41 Stat. 1082; 8 U.S.C. 170) [7-G-1]
7.27 Afflicted seamen; when landing permitted; when treated at vessel's expense. No seaman afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome contagious or dangerous contagious disease shall be permitted to land permanently in a port of the United States, and a seaman so afflicted shall be
permitted 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 publichealth or other hospital. (Section 35 of the Immigration Act of 1917, and section 19 of the Immigration Act of 1924, 39 Stat. 896, 43 Stat. 164; 8 U.S.C. 169, 196) If a certificate requiring the vessel to be fined is issued in accordance with section 35 of the Immigration Act of 1917, the seaman shall be detained and treated in a hospital designated by the official in charge “at the expense of the vessel."** (41 Stat. 1082; 8 U.S.C. 170) [7–G-2]
7.28 Afflicted seamen; procedure. An “afflicted seaman" or alien seaman suspected of being an "afflicted seaman” arriving foreign and duly certified shall be ordered by the examining immigration officer immediately removed for hospital treatment or observation, as the case may be, which order shall, in the case of an “afflicted sea
**For statutory and source citations, see note to $ 7.1.
man” designate the hospital, and in the case of an alien suspected of being an "afflicted seaman” the immigration station or other appropriate place to which removal shall be effected: Provided, That in the event appropriate facilities for treatment or observation, as the case may be, are not available, removal from vessel will not be ordered except in emergency cases so certified by a Public Health surgeon; instead, the examining immigration officer will serve notice on the master, agent, owner, or consignee of the vessel to detain such "afflicted seaman" or alien suspected of being an "afflicted seaman” on board the vessel, and the officer in charge will notify the officer in charge at the first port of call possessing such facilities (if the vessel is proceeding coastwise) of the presence on said vessel of said alien. The latter official will proceed in the manner hereinbefore provided upon the arrival of the vessel at such port of call to have the alien removed for hospital treatment or observation, as the case may require. If the vessel bringing an “afflicted seaman” or alien suspected of being an "afflicted seaman” arrives at a port at which there are no proper facilities for hospitalization or observation, as the case may be, and no arrangements for hospitalization or observation elsewhere are practicable, and such vessel is not proceeding coastwise to a port possessing such proper facilities or is proceeding directly foreign, then the master, agent, owner, or consignee shall be served with notice to detain such "afflicted seaman" or alien suspected of being an “afflicted seaman" safely on board under proper treatment and conditions of segregation or observation until such vessel sails foreign.*i (Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 U.S.C. 169, 170) [7-G-3]
7.29 When clearance of vessel withheld; procedure. Vessels liable for expenses of hospitalization or observation, and for expenses incident thereto, will not be permitted to clear until all such expenses, including those of burial in the event of death, are paid or satisfactorily guaranteed. Guaranties of payment may be accepted by the officer in charge of the port when submitted in form and by guarantors satisfactory to him. In the event of the failure of the master, agent, owner, consignee, or other responsible person to pay such expenses, or to furnish such satisfactory guaranty, the officer in charge of the port shall immediately request the collector of customs to withhold clearance. Such requests, if made informally, must be promptly confirmed in writing.** (41 Stat. 1082; 8 U.S.Č. 170) [7-G-41
7.30 Afflicted seamen; when discharged from hospital; further procedure. If, prior to the expiration of 30 days (or at any time thereafter, if longer detained at the request of the master, agent, owner, consignee, or proper guarantor), the appropriate surgeon of the Public Health Service certifies that an alien removed for hospitalization or observation is cured, or that his mental and physical condition is such that he can resume his calling without danger to himself or others, the officer in charge shall discharge the alien from the hospital. If the discharged seaman then wishes to remain in the United States the procedure customary in such cases will be observed: Provided, That where such alien is subject to exclusion from admission under the Act of March 4, 1929 (45 Stat. 1551), as amended, he shall not be granted the landing privileges allowed seamen but shall be
**For statutory and source citations, see note to $ 7.1.