and deportation on warrant. All such cases, by whomsoever discovered, shall be reported to the immigration officer stationed nearest the place where the alien is found.** [19-A-1] *88 19.1 to 19.50, 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 §§ 19.1 to 19.50, inclusive, (except for amendments and supplemental documents noted in the text,) is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 19.2 Transfer of deportation data in criminal cases. Officers in charge of districts shall promptly notify the nearest officer in charge concerning the cases of all aliens sentenced to the various United States penitentiaries and against whom deportation proceedings have been instituted in other districts, and shall furnish that officer with copies of preliminary statements and other papers necessary to the completion of warrant proceedings which may have been instituted. The district director or officer in charge of each district in which a Federal penitentiary is located shall be apprised of and furnished with data concerning the cases of all aliens sentenced to such institution.*t [19-A-2, 3] 19.3 Application for warrant of arrest. The application must state facts showing prima-facie that the alien comes within one or more of the classes subject to deportation after entry, and, except in cases in which the burden of proof is upon the alien (Chinese) involved, should be accompanied by some substantial supporting evidence. If the facts stated are within the personal knowledge of the inspector reporting the case, or such knowledge is based upon admissions made by the alien, they need not be in affidavit form. But if based upon statements of persons not sworn officers of the Government(except in cases of public charges covered by § 19.4), the application should be accompanied by the affidavit of the person giving the information or by a transcript of a sworn statement taken from that person by an inspector. Where deportation proceedings are predicated on convictions of crimes involving moral turpitude subsequent to entry or on conviction under section 2 (c) of the Act of February 9, 1909 as amended May 26, 1922 (42 Stat. 596; 21 U.S.C. 174), or the Act of February 18, 1931 (46 Stat. 1171; 8 U.S.C. 156a), the application for a warrant should be accompanied by a copy of the mittimus or a certificate of the clerk of the court in which conviction occurred stating the offense and sentence imposed, and, if available, a transcript of a statement covering a preliminary examination accorded the alien in which it is conclusively shown that the offense and conviction will support a deportation order if issued. In all cases subject to a time limitation or in which deportation will, if directed, be at the expense of the responsible steamship company, the application must be accompanied by a certificate of landing obtained from the officer in charge at the port where landing occurred. In the absence of such a certificate effort should be made to supply the principal items of information mentioned in the blank form provided for such certificate. Telegraphic application may be resorted to only in case of necessity, or when some substantial interest of the Government Page 78 **For statutory and source citations, see note to § 19.1 would be subserved thereby, and must state (a) that the usual written application is being forwarded by mail, and (b) the date and place of entry and the substance of the facts and proof contained in such application. The code supplied by the Department should be used whenever practicable.* [19-B-1] 19.4 Aliens who have become public charges; certificate. The application in cases of aliens who have become public charges must be accompanied by a certificate (Form 534) of the official in charge of the institution in which the alien is confined, or other responsible public official if the alien is not confined, showing that the alien is being maintained at public expense. There should be submitted also, whenever readily available, evidence (such as certificates from attending physicians, etc.) tending to show that the alien has become a public charge from causes not affirmatively shown to have arisen subsequent to entry.*+ [19-C-1] 19.5 Deportation; when visitor or trader subject. An alien admitted under section 3 (2) of the Immigration Act of 1924 (43 Stat. 154; 8 U.S.C. 203) who remains in the United States beyond the period specified in his passport record, unless extension of temporary admission has been granted, or an alien admitted under section 3 (6) of the Immigration Act of 1924 (47 Stat. 607; 8 U.S.C. 203) who fails to maintain the status under which admitted, shall be considered to be subject to arrest and deportation as provided in section 14 of the Immigration Act of 1924. (Sec. 14, 43 Stat. 162, 47 Stat. 524; 8 U.S.C. 214, 215) [G.O. 85, Apr. 13, 1927] 19,6 Execution of warrant of arrest; hearing thereon; detention of alien. Upon receipt of a telegraphic or formal warrant of arrest the alien shall be taken before the person or persons therein named or described and granted a hearing to enable him to show cause, if any there be, why he should not be deported. Pending determination of the case, in the discretion of the officer in charge, he may be taken into custody or allowed to remain in some place deemed by such officer secure and proper, except that in the absence of special instructions an alien confined in an institution shall not be removed therefrom until a warrant of deportation has been issued and is about to be served.* (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-D-1] 19.7 Identification card; to be lifted when alien arrested. In case of warrant proceedings if the alien is found to be in possession of an identification card, it should be obtained, if possible, preferably by the immigrant inspector serving the warrant, and it will be retained in the immigration office where the hearing is conducted until the matter has been decided by the Department. If the warrant is canceled, the card will be returned to the alien. If and when the alien is deported or removed from one district to another for that purpose, that fact and the warrant number will be noted on the face of the card and it then will be forwarded to the Central Office, for filing with its duplicate. If and when an alien ordered deported, is discharged by order of court, he may secure his card upon application to the officer in charge of the district in which the court proceedings *For statutory and source citations, see note to § 19.1. Page 79 are instituted. If such district is one to which the alien has been transferred for deportation, the district head will secure the card from the Central Office.* [G.O. 110, July 18, 1928] 19.8 Hearing; rights of alien; additional charges. At the hearing under the warrant of arrest the alien shall be allowed to inspect the warrant of arrest and shall be advised that he may be represented by counsel. The alien shall be required then and there to state whether he desires counsel or waives the same, and his reply shall be entered on the record. If counsel be selected, he shall be permitted to be present during the conduct of the hearing and to offer evidence to meet any evidence presented or adduced by the Government. Objections of counsel shall be entered on the record, but the reasons for such objections shall be presented in accompanying brief. If, during the hearing, it shall appear to the examining officer that there exists a reason additional to those stated in the warrant of arrest why the alien is in the country in violation of law, the alien shall be notified that such additional charge will be placed against him and he shall be given an opportunity to show cause why he should not be deported therefor.** (Sec. 19, 39 Stat. 889; 8 U.S.Č. 155) [19-D-2] 19.9 Hearings; record to contain personal history. All records of hearings, in addition to the evidence presented, shall fully set forth the name or names of alien (correctly spelled); place of alien's birth; nearest town of importance to such place of birth; the province and country in which located; alien's religion; names and locations of churches he may have attended; names and locations of schools he may have attended; last address of alien in his native country and country of which he is a citizen, and the country in which he has last resided; correct names and addresses of alien's nearest relatives residing in the country of birth and the country of which they are citizens; and correct names and addresses of all relatives residing in the United States.** (Sec. 19, 39 Stat. 889; 8 U.S.C. 155) [19-D-3] 19.10 Hearing; physical or mental disability cases; record to contain medical certificate. The record of the hearing accorded an alien who is suffering from any physical or mental disability shall be supplemented by a medical certificate showing (a) whether such alien is in condition to be deported without danger to life; (b) whether he will require special care and attention on the ocean voyage.*t (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-D-4] 19.11 Hearing; alien to be warned of criminal liability for re-entering United States. Before the hearing is concluded, the alien shall be warned that the Act of March 4, 1929, as amended (45 Stat. 1551, 46 Stat. 41; 8 U.S.C. 180), provides that an alien who enters or attempts to enter the United States, after being ordered deported, shall be guilty of a felony, and upon conviction be liable to imprisonment of not more than two years or a fine of not more than $1,000, or both such fine and imprisonment, unless he, following his departure from the United States, in pursuance of an order of deportation, receives permission from the Secretary of Labor to apply for admission after one year from the date of such departure. This warning shall be entered in the minutes of the hearing in a separate para Page 80 *For statutory and source citations, see note to § 19.1. graph, as well as the alien's acknowledgment of the warning. Application for permission to reapply may be made at any time after such departure.*t (Sec. 19, 39 Stat. 889; 8 U.S.C. 155) [19-D-5] 19.12 Hearing; record to be sent to Central Office. At the close of the hearing the full record shall be forwarded to the Central Office, together with any written argument submitted by counsel and the findings and conclusions of the examining officer and recommendations of the officer in charge, for decision of the Secretary of Labor, as to whether a deportation warrant shall issue.*t (Sec. 19, 39 Stat. 889; 8 U.S.C. 155)* [19-D-6] 19.13 Release of arrested alien. The amount of bond under which any alien may be released will be indicated by the Department in the warrant of arrest. When, however, the officer in charge of the station is satisfied that a bond in a lesser amount will insure the alien's appearance when wanted, or that the alien may safely be released on his personal recognizance, he is authorized to release the alien on bond in an amount less than that set in the warrant, or upon the alien's personal recognizance, without first securing the approval of the Department. In no instance where a bond is required shall it be in an amount less than $500. When the action mentioned is taken the officer in charge will make immediate report thereof in writing, through official channels, giving his reason therefor. The approval of the district commissioner, the district director, or officer in charge of the station as to form and execution, shall be sufficient for the release of an alien upon whom a warrant of arrest has been served, pending final approval of the bond by the Secretary of Labor. The sureties may deposit any public debt obligations of the United States and any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, which are not redeemable within one year from the date on which they are offered for deposit (Treasury Department Circular No. 154, revised as of February 6, 1935), or justify in real estate. Two owners must justify in real estate, each in double the amount of the penalty of the bond. A surety company authorized by the Treasury Department to transact Federal bond business is an acceptable surety.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-E-1] 19.14 Deportation of alien serving sentence; when effective. Any alien sentenced to imprisonment shall not be deported under any provision of law until after the termination of the imprisonment. Imprisonment shall be considered as terminated upon the release of an alien from confinement, whether or not he is subject to rearrest or further confinement in respect of the same offense. Release of an alien from confinement on parole shall be considered as a termination of imprisonment. Any alien who has been sentenced to imprisonment and has been ordered deported, and who has been transferred as an "alien addict" to either of the United States narcotic farms provided for in the Act of January 19, 1929 (45 Stat. 1085; 21 U.S.C. 222), shall at the time of his discharge from the farm be taken into custody direct from the farm and deported instead of being returned to the penal institution from which he came.*t (Sec. 19, 39 Stat. 889, sec. 3, 45 Stat. 1552; 8 U.S.C. 155, 180b) [19-F-1, 2] **For statutory and source citations, see note to § 19.1. Page 81 19.15 Deportation; notice to vessel; when delivery of alien deferred. Upon receipt of the Department's decision, or as soon thereafter as the circumstances of the case may require, the alien shall be taken into the custody of the immigration officials (if this has not occurred already) for deportation. Thereafter he shall be deported, previous notice of deportation having been given the steamship company concerned, together with a brief description of the alien and any other appropriate data, including the cause of deportation, physical and mental condition, and destination. When aliens are ordered deported at the expense of steamship companies the latter will be expected to accept aliens for deportation at such time as may be convenient for the service to make delivery and there is a sailing of the particular line involved. Any request from the steamship lines to defer delivery must be accompanied by a written agreement from the line concerned that it will be responsible for all detention expenses resulting from such delay, otherwise delivery shall be proceeded with.* (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-G-1, Im. R. & Regs., as amended by G.O. 22, Jan. 9, 1924] 19.16 Deportation warrant to specify destination; "foreign port" defined. The deportation warrant shall specify the place to which the alien covered thereby will be deported, in accordance with section 20 of the Immigration Act of 1917 (39 Stat. 890; 8 U.S.C. 156). "Foreign port", as used in said section, including ports of the insular possessions of the United States.** (Sec. 19, 39 Stat. 889; 8 U.S.C. 155) [19-G-2] 19.17 Deportation by transportation lines; parties to Canadian agreement. Within the deportation periods prescribed in the immigration act, the steamship lines which are parties to the Canadian agreement shall return, at their own expense, from some Canadian port, or, when that is not practicable, from some port of the United States, such aliens as, having been brought into Canada upon their respective lines and having subsequently proceeded to the United States, are shown to belong to any one of the classes subject to deportation whenever deportation of such an alien is ordered by the Secretary of Labor.*t (Secs. 19, 20, 39 Stat. 889, 890, sec. 17, 43 Stat. 163; 8 U.S.C. 155, 156, 217) [19-G-3] 19.18 Passports for deportees, how obtained; photographs. Passports for alien deportees must be secured from the representative of the foreign country to which alien is to be deported, except where deportation is to a country not requiring passports, such as China, Japan, and foreign contiguous territory. In cases where passports are not obtainable locally two extra copies of the record of hearing, two copies of Form 617, six photographs of the alien (2 x 2 inches, the distance from the top of head to point of chin to be approximately 114 inches), and all documentary evidence of nationality and citizenship shall be promptly forwarded to the Central Office for appropriate action.*t* (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-H-1] 19.19 Passport; when to be forwarded to port of departure. Where any alien is to be deported by way of a port in a district other than that in which the case originated or in which the pass Page 82 *For statutory and source citations, see note to § 19.1. |