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port is secured, the passport shall be promptly forwarded to the officer in charge of the port of departure in advance of actual delivery of the alien at said port.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) (19-H-2]
19.20 Deportee having privilege of reshipment; authority for removal. No alien deportee who has been given the privilege of reshipment one way foreign, and in whose case arrangements for reshipment have previously been made with the port of deportation, shall be removed until authority for removal has been received from the Central Office.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-H-3]
19.21 Passport data furnished foreign consuls and Central Office. Form 617, entitled "Passport data for alien deportees", together with all available documentary evidence of citizenship, shall be used for furnishing data to the various foreign consuls when applying for passports for aliens under orders of deportation. At least one copy of such form shall be furnished the Central Office at the time the record of hearing is sent in for decision.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19–H-4]
19.22 Passport data; additional for natives of Aden. In the case of any alien deportee born in Aden or in the vicinity thereof, the following additional information shall be furnished:
(a) Name of native village;
(c) Names of persons to whom he is known in Aden, such as seamen's agents and cargo and coolie mokaddams (headman or chief);
(d) Length of residence in Aden, the names of firms or individuals under whom alien has served, and the nature of his employment in Aden.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19–H-5]
19.23 Passport data; additional for natives of British India. Where an alien deportee claims to be a native of British India, the following information shall be furnished for use in facilitating the verification of his nationality: Father's name; caste, tribe, or clan; name of village and police station; name of nearest post office or railway. If such an alien is ignorant of the English language, he should be required to write the answers to the following equivalents in Hindustani: “Bāp kā nām; Zāt, firgē yē Garch; Gāon aur thāne kā nām; Dāk khāca yā rel ki iztation kā nām." These words should be typed or printed as quoted and efforts made to have the alien answer them in the same language, if possible.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-H-6)
19.24 Deportation to Canada; aliens subject to. Only aliens of the following classes may be deported to Canada :
(a) Native-born Canadians who have not expatriated themselves; b) Canadian citizens by naturalization;
(c) British subjects who have had three years' continuous residence in Canada immediately preceding entry into the United States;
(d) Aliens not citizens of Canada, excluded under our laws when applying from Canada and found in the United States within one year from date of exclusion.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) (19_1–1]
**For statutory and source citations, see note to $ 19.1.
19.25 Deportation to Canada; procedure. Where aliens are deportable to Canada, Form 617, executed in triplicate, together with originals and two copies of a letter giving a brief history of the case, and all material data shall be forwarded to the district_director, Newport, Vt., for submission to the Dominion authorities: Provided, That where it is necessary, in order to establish citizenship or residence in Canada to conduct a further investigation in the Province of British Columbia, two copies each of Form 617 and accompanying letter shall be mailed direct to the inspector in charge at Vancouver, British Columbia, and one copy thereof to the district director, Newport, Vt., and such inspector in charge at Vancouver shall make the necessary investigation through the Dominion immigration agent and forward complete report thereof to the district director, Newport, Vt.: Provided further, That where it is necessary in order to establish citizenship or residence in Canada to conduct a further investigation in the Provinces of Manitoba, Saskatchewan, and Alberta, two copies each of Form 617 and accompanying letter shall be mailed direct to the district director at St. Paul, and one copy thereof to the district director, Newport, Vt., and such district director at St. Paul shall make the necessary investigation through the Dominion immigration agent at Winnipeg and forward complete report thereof to the district director, Newport, Vt.** (Sec. 20,39 Stat. 890; 8 U.S.C. 156) [19–1–2]
19.26 Deportation to Canada; data relating to naturalized subjects or domiciled British subjects. Where alien deportee is within class (b) of $ 19.24, the district director, Newport, Vt., shall be fully advised of the date and place of issuance of the naturalization certificate; and if within class (c) of § 19.24, the date and place of entry into Canada, name of steamship, if entry at seaport, residence in Canada during the three-year period, names and addresses of former employers, and periods of employment shall be fully stated; and where deportees belonging to any of the classes set forth in said $19.24 have American-born children, said district director shall be further advised whether such children are to be returned to Canada with the parents.*+ (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19–1–3]
19.27 Deportation to Canada; data relating to aliens not citizens of Canada. Where alien deportee is within class (d) of § 19.24, the district director, Newport, Vt., shall be fully advised as to the date and place of alien's arrival in Canada, and the date and place of his exclusion from the United States. In such case only Form 617 need not be submitted.*+ (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19_144]
19.28_ Deportation to Canada; public charges; medical certificate. In cases where aliens have become public charges requiring institutional treatment triplicate copies of medical certificate and clinical history shall be supplied.*+ (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-1-5]
19.29 Deportation to Mexico; data furnished Mexican consul. When deportation proceedings are instituted against a Mexican national, appropriate advices as to the name and location of the alien
**For statutory and source citations, see note to § 19.1.
and last place of residence in Mexico will be furnished the nearest Mexican consul.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-J-1]
19.30 Deportation to Mexico; port. Aliens ordered deported to Mexico shall be returned across the Mexican border at the nearest port, unless humanitarian or other reasons render it advisable to effect deportation through some other port.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-J-2]
19.31 Deportation to Mexico; when to seaport. Deportation to a Mexican seaport will be authorized when that course is deemed advisable or more economical than deportation across the land boundary. Officers in charge of districts where cases of Mexican deportees originate must include in their letter of transmittal of warrant hearings (yellow sheet) a recommendation as to the port through which such deportees should be deported.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) (19_J_3]
19.32 Removal of aliens in distress; ineligibility for readmission. Any alien who has fallen into distress or is in need of public aid from causes arising subsequent to entry and is desirous of being removed to his native country, or to the country whence he came, or to the country of which he is a citizen or subject, may, on order of the Commissioner of Immigration and Naturalization, at any time after entry, be so removed at Government expense. Any alien applying for removal should be informed that if he is so removed he shall forever be ineligible for readmission except upon the approval of the Secretary of State and the Secretary of Labor.* (50 Stat. 164; 8 U.S.C., Sup., 102) [19-K-1, Im. R. & Regs., as amended by G.O. 248, June 4, 1937, 2 F.R. 980]
19.33 Application of removed aliens for readmission to the United States. An alien removed from the United States after May 13, 1937, in the manner described in $ 19.32, is ineligible for admission to the United States either as an immigrant or a nonimmigrant without first receiving permission from the Secretary of State and the Secretary of Labor to apply for readmission. Applications for such permission must be made by letter addressed to the Secretary of State and the Secretary of Labor, which should be prepared in triplicate and contain the following information : (a) when the alien was repatriated, from what address in the United States and to what place repatriated; (b) the alien's purpose in desiring readmission; (c) the alien's financial resources and how he will be supported while in the United States (corroboratory evidence of this must be submitted with the application); (d) The port through which the alien proposes to enter the United States. The application must be delivered to the American Consul to whom the alien desires to apply for a visa, but in exceptional cases where this is not practicable, the application may be filed with the Commissioner of Immigration and Naturalization directly, or through the immigration officer in charge at the proposed port of entry. A parent or legal guardian may make application for or on behalf of a child of tender years. An approved application for readmission is valid for all admissions to the United States after the date of its approval unless the alien shall again have **For statutory and source citations, see note to § 19.1.
been removed in the manner described in 8 19.32. Officials of foreign governments, their suites, families, or guests who are covered by the last proviso of section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U.S.C. 136 (r)), who may have been repatriated under § 19.32, may nevertheless be admitted to the United States without obtaining permission to apply for readmission.* (50 Stat. 164; 8 U.S.C., Sup., 102) (19–K-2, Im. Ř. & Regs., as amended by G.O. 259, Mar. 17, 1938, 3 F.R. 599]
19.34 Removal of aliens in distress; surrender of identification card. If and when an alien files an application for removal to his native country under the provisions of section 23 of the Immigration Act of 1917 (39 Stat. 892; 8 U.S.C. 102), he should be requested to surrender such immigration identification card or cards (consular) as he may possess. The card will be retained in the immigration office where surrendered until the question of whether the alien will be removed has been decided by the Department. If the alien is not removed, the card will be returned to him. If he is removed, the card will be transmitted to the Central Office without forwarding letter but with a notation in red ink on the face after the following fashion if the actual departure is known: 59604/456—Alien removed under section 23 of the Act of 1917 at New York,
New York, 10/31/31, SS “George Washington”. If advice is not received from the port of departure, notation may
be as follows: 59604/456—Alien sent to Laredo, Texas, 10/31/31 for removal pursuant to sec
tion 23, Act of February 5, 1917. *(50 Stat. 164; 8 U.S.C., Sup., 102) [G.O. 110, Supp., July 3, 1931, 3d Supp., Nov. 10, 1931]
19.35 Detention of females; special treatment. When it is necessary to detain or hold arrested women and girls they shall not be incarcerated by immigration officials in jails or other similar places unless such incarceration is absolutely unavoidable; but if there is not attached to the immigration station or quarters a room suitable for such purpose, and if such aliens are not already being held in some proper institution, arrangements may be made for their detention by some philanthropic or other similar society, preferably under the control of organizations or persons of the same nationality and religion as the detained aliens. In every such case in which it is found absolutely necessary to incarcerate the alien in a jail or other similar place a report of the action and of the reasons therefor shall be submitted promptly to the Central Office. In every instance in which it is necessary to commit a woman or girl in the custody of a society for more than a brief period of time the society shall be requested to submit weekly reports regarding the condition and behavior of the detained alien; and whenever facts or circumstances to justify so doing are developed, a report thereof shall be forwarded to the Central Office.*+ (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-L-1, 2, 3]
19.36 Deportation; cost of maintenance pending. The cost of maintaining aliens during deportation proceedings may be borne by Page 86
**For statutory and source citations, see note to § 19.1.
the Government, except that where an alien is an inmate of a public or private institution at the time of the institution of deportation proceedings no expense shall be incurred by the Government until he is actually taken into custody by immigration officers.** ( (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) (19–M–1]
19.37 Deportation; when costs are to be collected from procurer. If proceedings against a procurer or contractor are instituted within five years after the entry of the alien, immigration officers shall report to the United States district attorney the amount of the cost of deporting the alien, including one-half of the entire cost of removal to the port of deportation, so that a proper effort may be made to recover such expense from the procurer or importer and the reimbursement of the Government and the transportation company for their respective parts thereof.*+ (Sec. 20, 39 Štat. 890; 8 U.S.C. 156) [19–M-2]
19.38 Deportation; expenses incident to; requested extension for unusual time. If, after the Government has ordered deportation, request is made by or on behalf of an arrested alien for an extension of time that seems unusual or unreasonable and any expenses will arise by granting such request, a deposit in advance of a sum sufficient to cover such expenses shall be required as a condition precedent to the granting of such request.*+ (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19–M–3]
19.39 Deportation; authority for attendant; expenses. If an attendant is required to assist in deportation, special request for authorization therefor should accompany the record of hearing. If and when authorized, attendants will be allowed transportation expenses and per diem in lieu of all subsistence expenses at the rate of $5 while traveling both ways. If such attendant is other than a Government employee, he shall be allowed a nominal compensation of $1 in addition to transportation expenses and per diem. These rates must not be exceeded unless the Department specifically authorizes a different compensation on account of extraordinary and unusual conditions.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) [19-M-4]
19.40 Deportation; description of alien to be attached to warrant. In all cases where aliens are ordered deported either under Departmental warrant or order of a district court or United States commissioner, a description of such alien (Form 535) in duplicate shall be attached to the warrant of deportation or order of the district court or United States commissioner. A "full face” photograph of the alien (2 by 2 inches, the distance from the top of head to point of chin to be approximately 11/4 inches) taken immediately prior to deportation shall be securely pasted on each copy of said Form 535, and the original and duplicate of said form, together with the warrant of deportation, shall be delivered to the officer in charge of the port from which such alien is to be finally deported. The original of said Form 535, properly endorsed, shall be returned to the port from which alien deportee originated, and the duplicate thereof shall be retained at the port of final departure.*+ (Secs. 19, 20, 39 Stat. 889, 890, sec. 1, 38 Stat. 65; 8 U.S.C. 155, 156, 299) (19-N-1] **For statutory and source citations, see note to § 19.1.