dents attending; the number of teachers or instructors employed; the approximate total annual cost of board, tuition, etc., per student; and the causes for expulsion: Provided, That when a catalog is issued by such school, college, academy, seminary, or university, a copy of the latest edition thereof shall be filed with and made part of the petition with appropriate references to the pages of such catalog where the information herein required may be found. If the Secretary of Labor is satisfied that such school, college, academy, seminary, or university has been established for at least two years immediately preceding the filing of the petition herein required; that it is a bona fide institution of learning; and that it possesses the necessary facilities and is otherwise qualified for the instruction and education of immigrant students he may approve such school, college, academy, seminary, or university as a school for immigrant students.* (Sec. 4 (e), 43 Stat. 155; 8 U.S.C. 204 (e)) [10-B-1] 10.5 Schools; conditions for approval. No petition for approval as a school for immigrant students shall be considered unless such petition is accompanied by the written agreement of the school, college, academy, seminary, or university seeking such approval, to report in writing to the Commissioner of Immigration and Naturalization, immediately upon the admission of an immigrant student to such institution, the name, age, and local address of such student; the name and complete address of a friend or relative of such student in the United States; the date when such student was admitted, the course of study to be pursued by him; and at the termination of the attendance of such student, to forthwith report, in writing, to the Secretary of Labor the date when and the reasons why such attendance was terminated.** (Sec. 4 (e), 43 Stat. 155; 8 U.S.C. 204 (e)) [10-B-2] 10.6 School; officer to make petition. Form St. 17 and the written agreement accompanying it must be executed by the principal officer of the school, college, academy, seminary, or university having authority to execute contracts.** (Sec. 4 (e), 43 Stat. 155; 8 U.S.C. 204 (e)) [10-B-3] 10.7 School; withdrawal of approval. When it shall appear to the satisfaction of the Secretary of Labor that any school, college, academy, seminary, or university approved as a school for immigrant students, fails, neglects, or refuses to comply with all and singular the terms of its agreement he may withdraw or revoke his approval of such school, college, academy, seminary, or university as a school for immigrant students.*† (Sec. 4 (e), 43 Stat. 155; 8 U.S.C. 204 (e)) [10-C-1] **For statutory and source citations, see note to § 10.1. Page 63 PART 11-PERSONS ARRIVING BY WAY OF OR FROM HAWAII; CERTIFICATES 11.1 Nonimmigrant arriving at Ha- 11.6 Hawaiian certificates, applicawaii and proceeding to mainland; examination. 11.7 11.2 Ailen residents of Hawaii proceeding to mainland; alien cer- 11.8 tificates. tions. Hawaiian certificates; lost or destroyed. Hawaiian certificates; form of; preparation. Section 11.1 Nonimmigrant arriving at Hawaii and proceeding to mainland; examination. Nonimmigrant aliens arriving in Hawaii who intend later to proceed directly to the mainland of the United States may be admitted at Hawaiian ports for temporary stay or as incident to their transit through the United States to a foreign country (section 3 (2) and (3), Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203)), and when so admitted their passports, or documents accepted in lieu of passports, shall be stamped and endorsed. Such aliens need not appear before the district director in Honolulu for any further endorsement of status, when about to proceed directly to a port of continental United States, provided, the time of their proposed departure from continental United States will be within the period granted, and such departure can reasonably be accomplished.* (47 Stat. 524, sec. 28 (a), 43 Stat. 168; 8 U.S.C. 215, 224 (a)) [11–A–1, Im. R. & Regs., as amended by G.Ó. 85, Apr. 13, 1927] *88 11.1 to 11.10, 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. 11.2 Alien residents of Hawaii proceeding to mainland; alien certificates. Aliens residing in Hawaii pursuant to lawful admission for permanent residence who signify to the officer in charge at Honolulu an intention to proceed directly to the mainland of the United States, and who are legally entitled to do so, shall be furnished alien certificates (Form 546) by the said official as evidence of such residence, which certificates shall show date and status of such admission.* (Sec. 1, 39 Stat. 874; 8 U.S.C. 173; E.O. 1712, Feb. 24, 1913) [11-B-1] †The source of §§ 11.2 to 11.10, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 11.3 Admission to mainland of aliens described in §§ 11.1, 11.2. Aliens of the classes described in §§ 11.1, 11.2, arriving at a continental United States port directly from Hawaii shall be admitted upon identification: Provided, That the period for which the alien visitors referred to in § 11.1 were originally admitted, or for which such admission has been extended, has not expired; that the period Page 64 of time for transit has not expired, and that sufficient time remains to permit of departure from the United States within the period specified; and: Provided further, That such aliens shall surrender to the appropriate immigration officer the certificates issued under § 11.2.*† (Sec. 28 (a), 43 Stat. 168; 8 U.S.C. 224 (a)) [11-C-1] 11.4 Failure to present unexpired documents; presumption; procedure. When aliens of the classes mentioned in §§ 11.1, 11.2 arrive at a continental United States port from Hawaii and fail to present the stamped and endorsed passports, or documents accepted in lieu thereof described in § 11.1, or the certificates described in § 11.2, it shall be presumed that they were not examined when entering Hawaii unless they satisfactorily establish lawful admission to Hawaii shall be reported for arrest in accordance with §§ 19.119.4, 19.6, 19.8–19.31, 19.35–19.49, on such grounds as may be found applicable. As to those aliens who arrive at a continental United States port subsequent to the expiration of the period for which temporarily admitted, or whose departure will not occur within the period fixed upon for their departure, the examining officers, if satisfied that it is the intention of such aliens only to remain temporarily in the United States, shall advise them of the necessity for and the manner of making application for extension of their stay. Where there is reason to believe that aliens of the class covered by this part are seeking to remain permanently in the United States, warrant proceedings will be instituted.* (Sec. 19, 39 Stat. 889, sec. 14, 43 Stat. 162; 8 U.S.C. 155, 214) [11-D-1] 11.5 Citizens of United States residing in Hawaii; issuance of certificates. A resident of Hawaii who intends to depart temporarily from that Territory shall be granted a "Certificate of Citizenship-Hawaiian Islands" by the officer in charge at Honolulu, Hawaii, upon proving to the satisfaction of that official that he is a citizen of the United States, a bona fide resident of the Territory of Hawaii and that he actually intends to depart temporarily. Such certificate may be retained by the person to whom issued. If the officer in charge at Honolulu is not satisfied that the applicant is entitled to this certificate, the application shall be denied and the applicant notified that he may appeal to the Secretary of Labor from the adverse decision. Ten days will be allowed within which to file notice of appeal with such immigration officer. All evidence which was submitted in support of the application shall constitute the record and shall be forwarded to the Central Office in cases where appeals are taken.** (Sec. 1, 39 Stat. 874; 8 U.S.C. 173) [11-E-1] 11.6 Hawaiian certificates, applications. Applications for the certificates shall be made on Form 108 and shall be filed in duplicate, one copy to be retained in the office of the officer in charge at Honolulu and one copy to be forwarded to the Central Office, together with a copy of all the evidence on which the certificate was issued.*† (Sec. 1,39 Stat. 874; 8 U.S.C. 173) [11-E-2] 11.7 Hawaiian certificates; lost or destroyed. Duplicate certificates may be issued by the officer in charge at Honolulu upon satisfactory proof that the certificates have been unavoidably lost, *For statutory citation, see note to § 11.1. †For source citation, see note to § 11.2. Page 65 [65] destroyed, or mutilated, the Central Office to be advised in each case of the issuance of a duplicate.** (Sec. 1, 39 Stat. 874; 8 U.S.C. 173) [11-E-3] 11.8 Hawaiian certificates; form of; preparation. In issuing the certificates described in § 11.5, care shall be exercised to have the original and duplicate correspond in every detail. The certificate shall be prepared upon typewriter. The seal of the issuing officer should be impressed partly upon the photograph, but in such a manner as not to obscure any part of the face. 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. Applicants for these certificates shall be required to furnish two suitable unmounted photographs of themselves, printed from the same negative that has not been retouched, representing the subject without hat, full front view, showing both ears, and measuring 2 by 2 inches, the distance from top of head to point of chin to be approximately 12 inches. The photographs should be attached to the original and duplicate of the certificate with care to assure permanency and prevent warping. 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 least likely to be obliterated by lapse of time shall be selected.*t (Sec. 1, 39 Stat. 874; 8 U.S.C. 173) [11-E-4] 11.9 Hawaiian certificates; duplicates retained. The duplicates of the certificates shall be filed in the office of the officer in charge at Honolulu, Hawaii, in such order that they may always be accessible for reference.** (Sec. 1, 39 Stat. 874; 8 U.S.C. 173) [11-E-5] 11.10 Hawaiian certificates; cancelation. These certificates are issued for the purpose of facilitating travel and are to be presented by the person to whom issued to immigration officers as evidence in proof of citizenship for immigration purposes. The proper holders of such certificates, including persons of the Chinese race, will be admitted at any immigration port of entry. When it is ascertained that such a certificate is in the possession of a person to whom it was not issued, as shown by a comparison of such person with the photograph and personal description appearing thereon, or if at any time it should develop that such certificate was secured through fraud, the certificate shall be taken up and forwarded to the Central Office, with a report of the circumstances and recommendation as to whether it should be canceled. If it should be found that cancelation is proper, the certificate shall be returned to the officer in charge at Honolulu with instructions to mark both the original and duplicate thereof "Canceled" and to file the canceled certificate and duplicate for reference. (Sec. 1, 39 Stat. 874; 8 U.S.C. 173) [11-E-6] Page 66 *For statutory citation, see note to § 11.1. PART 12-BOARD OF SPECIAL INQUIRY 12.1 Organization; oath of members. 12.2 Hearings before boards of inquiry; procedure; rights of alien. 12.3 Development of facts relating to penalties incurred by transportation company. Sec. 12.4 Medical examiner as witness. 12.8 Alien certified for mental condi- Section 12.1 Organization; oath of members. Boards of special inquiry shall be composed of three members. Boards shall consist of duly designated immigrant inspectors, one of whom shall act as chairman, except that a duly designated immigration employee may serve as the third member and secretary. At a port of entry where a board of special inquiry is not regularly maintained, and at which a sufficient number of duly designated immigration employees is not available, the officer in charge is authorized, when necessity exists, to create a board which may include other persons, preferably Government officials, determined by the Secretary of Labor as eligible for such service. Every person appointed to serve on a board of special inquiry shall first subscribe to an oath of office.*t (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [12-A-1, 2] *88 12.1 to 12.8, 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 §§ 12.1 to 12.8, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. CROSS REFERENCE: For examination of Chinese aliens by boards of special inquiry, see §§ 42.2-42.6. 12.2 Hearings before boards of inquiry; procedure; rights of alien. Boards of special inquiry shall determine all cases as promptly as circumstances permit, due regard being had to the necessity of giving the alien a fair hearing. Hearing before the boards "shall be separate and apart from the public"; but the alien may have one friend or relative present after the preliminary part of the hearing has been completed: Provided, First, that such friend or relative is not and will not be employed by him as counsel or attorney; second, that, if a witness, he has already completed his testimony; third, that he is not an agent or a representative at any immigration station of an immigrant aid or other similar society or organization; and, fourth, that he is either actually related to or an aquaintance of the alien. (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [12-B-1] 12.3 Development of facts relating to penalties incurred by transportation company. In all cases in which there is any reason, other than the issuance of a surgeon's certificate, for believing that any one of the administrative fines prescribed by the law, and specified in Part 23, may have been incurred, boards shall be careful to develop in the course of their hearings all facts and circumstances material to a determination of the transportation company's liability to such fine." [12-C-1] 12.4 Medical examiner as witness. Where the certificate of the medical examiner fails to describe particularly the nature, char **For statutory and source citations, see note to § 12.1. Page 67 |