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19.41 Deportation; Central Office to be informed when preparation completed. The Central Office shall be immediately advised on Form 595 whenever an alien is completely ready for deportation, and if before deportation is actually initiated any event occurs to change the status of an alien so reported as “completely ready" the Central Office must be promptly advised of such change.** (Sec. 20, 39 Stat. 890; 8 U.S.C. 156) (19–0–1]
19.42 Deportation; data to be submitted with hearing record. There shall be submitted to the Central Office simultaneously with the record of hearing of each deportation case and attached thereto, the form, “Card record of deportees”, Form 522, in duplicate, filled out in part to furnish the following information: The Central Office file number; name of alien; port of entry; district in which case originated; district file number; town or city in which alien is located; institution in which alien is detained; whether detained at government expense; if so, cost of maintenance per day; alien's nationality; race; whether alien has passport; if not, whether passport is to be secured locally or by the Central Office; whether alien has been released on bond, and if so, the date of release; and whether serving sentence, and if so, the date of expiration.*+ (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-0-2]
19.43 Deportation; disposition of executed warrants. Executed warrants of deportation properly endorsed shall be forwarded to the Central Office daily at the close of business.*+ [19-0-3]
19.44 Deportation; transportation route. Transportation for all deportees and attendants must be secured from their starting point to destination in the United States via routes authorized by the Central Office.** (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-P-1]
19.45 Deportation; transportation requests; data included; disposition. Transportation requests shall be used for all tickets purchased, and the ticket or tickets, together with a duplicate copy of the transportation request or requests, must be delivered to the officer in charge of said alien or party. The name or names of the alien or aliens for whom the transportation was purchased and the cost of same shall be entered on the reverse side of the duplicate copy of the transportation request. This duplicate request, with the above data, shall be retained by the officer in charge of the deportees and attached to his expense account when submitted. The officer in charge of the district from which alien departs shall retain a memorandum of said transportation request, showing the number of said request, the name or names of aliens covered by same, and the cost of transportation, and enter the same in his allotment report.** (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19–P-1, 2, 3]
19.46 Deportation; joining of aliens to party. Where one or more aliens are to be delivered at some point other than the destination of a through deportation party, the deporting officer shall deliver to the receiving officer a memorandum showing the number of the transportation request, the name or names of aliens so delivered, and the cost of said transportation. The receiving officer shall properly
**For statutory and source citations, see note to 8 19.1.
enter same upon his expense account.** (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19–P-4]
19.47 Transfer of deportees by officer in charge of party to station at which delivered. Form 516 for the transfer of deportees while being transported shall be executed in triplicate and one copy shall be mailed to the Central Office, one copy retained by the officerin-charge of the deportees, and one copy retained at the port to which the deportees are delivered.*+ (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-P-5]
19.48 Deportation; collecting, tagging, and transporting baggage. All baggage of deportees must be plainly and securely tagged with the owner's name and point of destination in the United States, in order that it may be readily identified and accompany its owner when deported. It shall be the duty of all officers in charge of districts in which deportation proceedings originate to collect alien's baggage, furnish said tags, and deliver all said baggage, together with any baggage checks, to the receiving officer at the same place as its owner and at the time time.** (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-Q-1, 2]
19.49 Deportation; care of personal effects. All personal effects, such as money, watches, rings, etc., may be taken from aliens and placed in an envelope furnished for that purpose, to be kept by the deporting officer and delivered to the receiving officer for return to the alien at the port of departure.** (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-Q-3]
19.50 Deportation; search for and removal of dangerous weapons. The person and baggage of all deportees, before being transported from point to point within the United States, and before being delivered into the custody of one immigration officer by another, shall be thoroughly searched and divested of all articles, implements, or weapons of a dangerous or illegal nature.** (Secs. 19, 20, 39 Stat. 889, 890; 8 U.S.C. 155, 156) [19-Q-4]
PART 20DEPORTATION OF INSANE AND DISEASED
Sec. 20.1 Special care and attention for 20.3 Delivery of alien at foreign port
aliens; duty of steamship com or destination; procedure.
20.4 Failure of steamship company to 20.2 Delivery of alien to steamship off provide special care; alternative. cer; procedure.
20.5 Lepers; deportation; procedure. Section 20.1 Special care and attention for aliens; duty of steamship company. When the immigration officials find that an alien about to be deported, whether after rejection by a board or on Department warrant, requires special care and attention, the steamship company concerned shall provide such care and attention as his condition requires, not only during the ocean voyage but also as here
* For statutory and source citations, see note to § 19.1.
inafter provided in § 20.3 during the foreign inland journey.** (Secs. 18, 20, 39 Stat. 887, 890; 8 U.S.C. 154, 156) [20-A-1]
*8$ 20.1 to 20.5, 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 88 20.1 to 20.5, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.
20.2 Delivery of alien to steamship officer; procedure. The alien shall be delivered to the master or first or second officer of the vessel on which deportation is to occur, who shall be given the appropriate Form 597 and a duplicate carbon sheet A thereof. The receipt and sheet A shall be filled out except as to signature by an immigration officer. The receipt attached to sheet A shall be signed by the ship's officer to whom the alien has been delivered and returned forthwith to the immigration officer making delivery. Sheets B and C shall be retained by the ship's officer and in due course filled out by the agents or persons therein designated and by them returned by mail as herein provided.*+ (Secs. 18, 20, 39 Stat. 887, 890; 8 U.S.C. 154, 156) [20-A-2]
20.3 Delivery of alien at foreign port or destination; procedure. From the foreign port of disembarkation the steamship company shall at its own expense forward the alien to destination in charge of a proper attendant except only in cases where foreign public officials decline to allow such attendants to proceed and themselves take charge of the alien, which fact must be shown by signing the form, provided in the lower half of sheet C of Form 597. If the foreign public officials do not take charge at the port of disembarkation, but at an interior frontier, both forms on sheet C must be filled out, the former in relation to the inland journey as far as such frontier.** (Secs. 18, 20, 39 Stat. 887, 890; 8 U.S.C. 154, 156) [20-A-3]
20.4 Failure of steamship company to provide special care; alternative. Whenever a steamship company fails, refuses, or neglects to provide personal care and attendance for a deported alien requiring such care and attention, or when such company fails, refuses, or neglects to return sheets B and C of Form 597 properly executed within 90 days after the departure of such alien, or otherwise fails, refuses, or neglects to comply with the provisions of this part, the Secretary of Labor shall thereafter and without notice employ suitable persons, at the expense of such company, to accompany aliens requiring personal care and attendance when deported on any vessel of such company.** (Secs. 18, 20, 39 Stat. 887, 890; 8 U.S.C. 154, 156) [20-A-1]
20.5 Lepers; deportation; procedure. In cases of deportees who are afflicted with leprosy and who are subjects of Mexico or other contiguous territory, the matter of obtaining permission for the return of such aliens to their respective countries shall be taken up with the competent authorities of the country of which the alien is a subject, by the officer in charge of the district in which the case arises, through the United States immigration officers at the border
**For statutory and source citations, see note to $ 20.1.
port through which such aliens are to be deported. As soon as it is determined that such aliens are deportable, the Central Office will obtain travel permits for the aliens passage from the State of origin into the State from which deportation is to be effected, said travel permits being obtained through the office of the Surgeon General, United States Public Health Service, Washington, D. c. Negotiations with appropriate common carriers shall be started by the officer in charge of the district in which such cases arise, immediately upon finding that the victim of the disease is deportable, for the purpose of arranging for the transportation of such aliens in the most economical manner possible, in keeping with the State health laws and the rules of the United States Public Health Service. Other cases of deportable aliens afflicted with leprosy shall be disposed of in accordance with governing circumstances and with the assistance and under the direction of the Central Office.*+ (Secs. 18, 20, 39 Stat. 887, 890; 8 US.C. 154, 156) [20-A-5, 6]
CROSS REFERENCE: For United States Public Health Service regulations concerning lepers, see 42 CFR Part 3. PART 21-HOLDING AS WITNESSES ALIENS ORDERED
Sec. 21.1 Deportation of witness stayed; 21.2 Witnesses; when warrant withconditions; expenses, release.
held. Section 21.1 Deportation of witness stayed; conditions, expenses, release. The Department may stay the deportation “of any aliens found to have come in violation of any provision" of the Immigration Act of 1917 (39 Stat. 874) when the testimony of such aliens is necessary on behalf of the United States in the prosecution of offenders against the Immigration Act of 1917 or any other laws of the United States, and the cost of maintenance and a witness fee in the sum of $1 per day may be paid by the Department in each such case, or the alien witness may be released under bond of not less than $500 conditioned for his production when required as a witness or for deportation. Therefore, the alien to be_detained must have come to the United States in violation of the Immigration Act of 1917, and his deportation must have been stayed by the Department, before detention charges and witness fees, or release under bond, can be authorized; and such authorization can be given only in cases in which at least one cause for the proposed deportation of the alien arose prior to entry. Such cases should be reported promptly to the Central Office, with a statement of all facts and circumstances material to decision of the question whether the authorization desired shall be granted. Vouchers for witness fees should be prepared in favor of each witness and submitted at the close of each month or, if detention is for less than one month, at the conclusion of such detention. Maintenance charges will be vouchered in the regular way applicable to such bills. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222: interprets sec. 18, 39 Stat. 887; 8 U.S.C. 154) [21-A-1, Im. R. & Regs., ed. of Dec. 31. 1936]
**For statutory and source citations, see note to $ 20.1.
21.2 Witnesses; when warrant withheld. Cases in which there exists no cause for deportation arising prior to entry (for example, cases in which aliens have become members of the immoral or criminal classes after landing) are not within the purview of $ 21.1. In such cases, therefore, when it becomes necessary to hold an alien as a witness, arrangements therefor must be made with the appropriate United States attorney. The issuance of warrants of deportation in these classes of cases will be withheld pending the termination of judicial proceedings, so that the witnesses may be bound over and detention expenses and witness fees paid by the Department of Justice. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222; interprets sec. 18, 39 Stat. 887; 8 U.S.C. 154) [21-B-1, Im. R. & Regs., ed. of Dec. 31, 1936]
PART 22-DETENTION EXPENSES
panies for removal and care of
22.5 Expenses when borne by other than 22.2 Liability of transportation com
transportation company. panies for expense of attendant 22.6 Burial expenses of aliens; when or accompanying alien.
borne by the Government. 22.3 Expense bills; presentation to
steamship companies. Section 22.1 Liability of transportation companies for removal and care of alien. The owners, masters, agents, and consignees of vessels bringing aliens shall pay all expenses incident to or involved in their removal from the vessel or their detention as mentioned in Part 3 (excepting only in cases in which it is otherwise provided by section 18, Immigration Act of 1917, 39 Stat. 887; 8 U.S.C. 154, or in which detention occurs under the terms of section 22 of said Act, 39 Stat. 891; 8 U.S.C. 159), irrespective of whether the aliens removed or detained are subsequently admitted or deported; such expenses to include those of maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation; also all expenses of hospital treatment where granted under section 18, Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154), and 16.15. When aliens are fed under an exclusive privilege (section 26, Act of February 5, 1917 (39 Stat. 894; 8 U.S.C. 115)), the expenses of maintenance generally shall be deemed the charges at which the privilege holder agrees to furnish them food. At ports where the Immigration and Naturalization Service maintains hospitals, the hospital expenses shall be such as are fixed by the Department, and at other hospitals they shall be as are fixed by the authorities thereof.*+ (Sec. 15, 39 Stat. 885; 8 U.S.C. 151) [22-A-1]
*88 22.1 to 22.6, 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.
*The source of $$ 22.1 to 22.5, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.