« PreviousContinue »
returned at the expense of the master, agent, owner, or consignee of the vessel upon which he arrives.*+ (41 Stat. 1082; 8 U.S.C. 170) [7–G-5]
7.31 Afflicted seamen; procedure where recovery not certifiable at expiration of 30 days. If the mental or physical condition of an interned alien seaman is such at the expiration of 30 days that he cannot be certified, as provided in $ 7.30, then the officer in charge shall return the alien seaman to the vessel on which he arrived, provided said vessel is promptly sailing foreign and a certificate is issued by the Public Health surgeon that the alien can be placed on board and removed by said vessel without danger to his life. If for any reason it is impossible or impracticable to have such an interned seaman promptly returned foreign on board the vessel by which he was brought to the United States, then and in that event he shall be returned foreign on board another vessel of the same line promptly sailing foreign, carrying a ship's surgeon, or if that is impracticable, then such alien shall be returned foreign as a passenger on any passenger vessel carrying a ship’s surgeon: Provided, That in every case where such a seaman is returned foreign the master, agent, owner, or consignee of the vessel by which he is returned, or other responsible party, shall furnish a guaranty satisfactory to the appropriate immigration officer that the seaman will receive proper medical treatment and be segregated from members of the crew and passengers, if there be any of the latter, and that every precaution will be employed to prevent the spread of contagion during the ocean voyage, and (if removal is effected by the vessel which brought the alien, or by one of the same line) that the alien will not be returned to the United States by said vessel, or another one of the same line, unless and until cured : Provided further, That if the vessel by which an "afflicted seaman" arrived is not sailing foreign at the expiration of 30 days said "afflicted seaman" may be permitted (upon written request of the master, agent, owner, consignee, or other acceptable guarantor promising to assume all expenses involved) to remain in hospital until such ship sails foreign.*+ (41 Stat. 1082; 8 U.S.C. 170) [7-G-6]
7.32 Afflicted seamen; periodic check concerning. All officers in charge will see to it that a careful, systematic, and periodical check is maintained of all hospitalized or observation cases to the end that they shall be promptly and properly disposed of pursuant to law and the terms of the regulations in this part.** (41 Stat. 1082; 8 U.S.C. 170) [7-G-7]
7.33 Violations of Act providing for treatment of alien seamen to be promptly reported. All violations of the Act entitled "An act to provide for the treatment in hospital of diseased alien seamen". approved December 26, 1920 (41 Stat. 1082; 8 U.S.C. 170), coming to the attention of the immigration officers shall be promptly reported to the Central Office.*+ [7-G-8]
7.34 Detention of seamen pending inspection. The owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof shall detain on board such vessel all alien seamen employed thereon pending the inspection
**For statutory and source citations, see note to $ 7.1.
and examination of such alien seamen by the proper immigration and naturalization officials. For the purpose of such inspection and examination, the owner, charterer, agent, consignee, or master of such vessel may be required by such immigration and naturalization official to muster all aliens employed thereon. The failure or refusal of the owner, charterer, agent, consignee, or master of such vessel to detain
such alien seamen on board until such seamen have been inspected and examined shall be deemed a violation of section 20 of the Immigration Act of 1924.*+ (Sec. 20 (a), 43 Stat. 164; 8 U.S.C. 167 (a)) [7-H-1]
7.35 Notice to detain or deport alien employee of vessel; verification of departure. Where, for any cause, the immigration and naturalization official in charge of any port of arrival finds that any alien employed on board any vessel arriving in the United States from any place outside thereof should be detained on such vessel or deported, he shall forthwith serve or cause to be served on the owner, charterer, agent, consignee, or master of such vessel a notice in writing to detain or deport such alien. The notice shall set forth the full name of such alien. In every such case an officer of the Immigration and Naturalization Service shall be detailed to verify the departure of such alien.*+ (Sec. 20 (a−b), 43 Stat. 164; 8 U.S.Č. 167 (a-b)) [7-H-2]
7.36 Detained seamen; when removal permitted. Alien seamen ordered detained on board or deported pursuant to section 20 (a) of the Immigration Act of 1924 (73 Stat. 164; 8 U.S.C. 167 (a) shall not be removed to immigration stations or other places for safe keeping, except in cases of emergency, and in such cases only when the master, agent, owner, charterer, or consignee of the vessel involved shall give satisfactory guaranty that all costs of such removal, including maintenance charges, and damage done by such seamen to the station or place to which removed, including damage to equipment, shall be paid by such master, agent, owner, charterer, or consignee.** (Sec. 19, 43 Stat. 164; 8 U.S.C. 166) [7-H-3]
7.37 Arrest and deportation of seamen; procedure. Where a bona fide alien seaman, serving as such on a vessel arriving at a port of the United States, and permitted to enter the United States temporarily as a nonimmigrant pursuant to section 3 (5) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203) solely in pursuit of his calling as a seaman, engages in any other calling or occupation for hire or profit, or enters into the coastwise trade of the United States, or remains within the United States for more than 60 days after such entry, he shall be deemed to have abandoned his status as a nonimmigrant within the meaning of said section 3 (5) of the Immigration Act of 1924, and shall be taken into custody and deported at any time thereafter in accordance with the provisions of section 14 of said Act.** (Secs. 14, 15, 43 Stat. 162; 8 U.S.C. 214, 215) [7-1-1]
7.38 Seamen returned to the United States; disposition. Aliens employed as seamen on vessels of American registry are entitled under the navigation laws to certain privileges, including that of being returned to the United States when discharged in a Page 54
**For statutory and source citations, see note to 8 7.1.
foreign port on account of injury or illness or when they become destitute under certain circumstances in foreign countries.
Even though such seamen arrive as passengers or as workaways, their cases shall be disposed of in accordance with the provisions of the regulations in this part applicable to seamen.** (E.O. 7797, Jan. 26, 1938, 3 F.R. 216) [7-J-1]
7.39 Seamen returned to United States by consuls; evidence required. In every instance of a vessel arriving from a foreign port having on board American seamen (aliens), who are returned by United States consular officials as passengers, workaways, or as members of the crew, the master, purser, or other responsible officer of the vessel, or such seamen, shall present to the immigration officials documentary or other satisfactory evidence indicating that they are bona fide American seamen (aliens), returned under consular regulations pursuant to law.*+ E.O. 7797, Jan. 26, 1938, 3 F.R. 216) [7–J–2]
CROSS REFERENCE: For transportation of American seamen to the United States, when provided by consuls, see 22 CFR 83.276.
7.40 Seamen returned to United States; procedure when afflicted; when not afflicted. When it is ascertained that such seamen are not afflicted with any of the diseases or disabilities enumerated in section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 169), their cases shall be disposed of in accordance with the preceding sections. If it shall be found, however, that any such seamen are afflicted with any of the disabilities enumerated in section 35 of said Act, immigration officials shall inform the master, or any other responsible officer, that the seamen are entitled to be regarded as beneficiaries of the marine hospital fund, and that they must be delivered into the custody of the United States Public Health Service authorities for care and treatment in a hospital.** (41 Stat. 1082; 8 U.S.C. 170) [7–J–3] CROSS REFERENCE: For medical relief of seamen, see 12 CFR Part 2.
7.41 Seamen returned to United States; when vessel exempted from liability; immigration appropriation not available for hospital treatment. Under the navigation laws all masters of vessels of American registry bound to a port of the United States are required to take destitute American seamen (aliens) on board their vessels when so requested by consular officials and to transport them to the United States port to which the vessel is bound, and every such master who refuses to receive and transport such seamen on the request or order of the consular official is liable to the United States in a penalty of $100 for each such seaman refused. Moreover, masters of vessels of foreign registry accept such seamen as an act of courtesy extended to American consuls. Vessels transporting such seamen shall be exempted from the payment of head tax, hospital expenses, and liability for the penalties prescribed by the Immigration Act, provided the transportation lines shall furnish satisfactory proof that the seamen were accepted at the request of American consuls. Under no circumstances shall hospital bills incurred on account of American seamen (aliens) returned under consular regulations be paid from the
**For statutory and source citations, see note to $ 7.1.
immigration appropriations.*+ (Sec. 35, 39 Stat. 896, 41 Stat. 1082, sec. 20, 43 Stat. 164; 8 U.S.C. 167, 169, 170; E.O. 7797, Jan. 26, 1938, 3 F.R. 216) [7-J-4]
7.42 Disabled seamen; conditions for passing in transit; immigration officials to confer with appropriate officers. A disabled alien seamen, who nevertheless does not intend to relinquish his calling, but whom the master of the vessel is obliged under the navigation laws of the country to which the vessel belongs to return to the country where he embarked, may, under such regulations as the officer in charge deems proper to carry out the purposes of this sec. tion, pass through the United States in transit to such country by the most expeditious and direct route. Where he is suffering from a loathsome, contagious, or dangerous contagious disease, or with tuberculosis in any form, or from a mental disability, or is in such physical or mental condition as to render him a person likely to become a public charge, the master must make arrangements for his proper care while in transit and furnish a sum of money sufficient to defray the expenses thereof. These provisions are made in the interest of trade and because of the peculiar position occupied by seamen under principles of international comity; and in all cases to which they apply the immigration officials shall confer not only with the master but with the consular representative of the country to which the vessel belongs.*+ (Sec. 19, 43 Stat. 164, sec. 3, 43 Stat. 154, 47 Stat. 524; 8 U.S.C. 166, 203, 215) [7-K-1]
7.43 Afflicted seamen; expense of telegrams concerning. All telegrams sent in behalf of masters, agents, owners, consignees, or guarantors in respect of "afflicted seamen” or aliens suspected of being "afflicted seamen” shall, whenever practicable, be at the expense of the responsible master, agent, owner, consignee, or guarantor.*+ (Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 Ú.S.C. 169, 170) [7-L-1]
PART 8–LABORERS FROM COUNTRIES GRANTING
Sec. 8.1 Regulations governing alien labor- 8.4 Absence of passport of certain la
ers prescribed by Executive Order borers; presumptions.
8.5 Passports of certain laborers ; 8.2 Effect of Executive Order No. 1712. dorsement. 8.3 When certain laborers admitted ; 8.6 Excluded laborers; appeal.
proof required. Section 8.1 Regulations governing alien laborers prescribed by Executive Order 1712, Feb. 24, 1913. The President's Executive Order on this subject, issued February 24, 1913, reads as follows:
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
**For statutory and source citations, see note to s 7.1.
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 permis. sion 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. *i[8–A-1]
*88 8.1 to 8.6, 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.
ÎThe source of $$ 8.1 to 8.6, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.
8.2 Effect of Executive Order No. 1712. The Executive Order requires that laborers, skilled or unskilled, who are citizens of a country which grants to its laborers proceeding abroad limited labor passports only, and who present at a continental port a passport entitling them only to admission to countries or places other than continental United States, shall be rejected. It does not in any particular relieve such aliens from examination under the general provisions of the law.** (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (h); Ê.O. 1712, Feb. 24, 1913) [8-B-1]
8.3 When certain laborers admitted; proof required. If a laborer described in 88 8.1, 8.2 applies for admission and presents a passport entitling him to enter continental United States, or not limited to some country or place other than continental' United States, he shall be admitted, unless he belongs to one of the classes excluded by the general provisions of the law. If he presents such a limited passport, but claims that he is not a laborer, satisfactory proof of such claim shall be required.** (E.O. 1712, Feb. 24, 1913) 18-C-1]
8.4 Absence of passport of certain laborers; presumptions. If a laborer described in SS 8.1, 8.2 applies for admission and presents no passport, it shall be presumed (a) that when he departed from his own country he did not possess a passport entitling him to come to continental United States, and (b) that at that time he did possess a passport limited to some country or place other than continental United States.** (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (h); E.O. 1712, Feb. 24, 1913) [8–C–2]
8.5 Passports of certain laborers; indorsement. Passports presented by aliens covered by $ 8.3 shall be plainly indorsed, in
**For statutory and source citations, see note to § 8.1.