Page images
PDF
EPUB

22.2 Liability of transportation companies for expense of attendant or accompanying alien. If in the judgment of the officer in charge, based upon the expressed opinion of a surgeon, it is necessary for the proper care of an alien removed to hospital or as a measure of humanity to place with him there an attendant or accompanying alien, the cost of the latter's detention in hospital must be borne in the same manner as is the cost of treating the disabled alien.*+ (Secs. 15, 18, 39 Stat. 885, 887; 8 U.S.C. 151, 154) [22-A-2] ]

22.3 Expense bills; presentation to steamship companies. Bills pertaining to any of the expenses in this part, shall be presented to the responsible steamship companies monthly or oftener at the option of the officer in charge, and, if not promptly paid, action shall be taken immediately, as prescribed by Part 23.*1 [22-A-4]

22.4 Payment; advance assurance; failure. Immigration officers are under no obligation to order the removal of aliens from a vessel for inspection or hospital treatment (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)) until the steamship companies have obligated themselves in a manner satisfactory to such officers for the payment of the expenses referred to in $8 22.1, 22.2, and at their option they may require payment in advance, or security, for each and every one thereof; and for failure on the part of a steamship company at any time during the course of detention to pay such expenses, the aliens may be returned to the vessel.*+ [22-B-1]

22.5 Expenses when borne by other than transportation company. Detention expenses shall be borne by the Government in cases of (a) aliens held as witnesses under section 18, Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154); (b) insane aliens whose health or safety would be unduly imperiled by immediate deportation (said section 18); and (c) in cases in which the wives and minor children of naturalized citizens are accorded treatment under section 22 of said Act (39 Stat. 891; 8 U.S.C. 159), and S$ 16.11-16.15, when it is satisfactorily shown that the husband or father is unable to pay such expenses. They shall be borne by the husband or father of the alien when he is able to pay them, in cases in which treatment of a wife or minor child is authorized under said provision of law and sections of regulations; and always by the husband or father when he is merely a permanent resident, not a naturalized citizen of the United States whose wife and child is allowed treatment under section 22 of said Act and § 16.13. Preferably, they shall be paid by the alien, but may be paid from the immigration appropriation under special authority where it is necessary to hold the alien after admission in accordance with $ 14.1, and in the cases of wives and minor children of naturalized citizens accorded treatment under section 22 of said Act and $8 16.11-16.15.*+ [22-C-1]

22.6 Burial expenses of aliens; when borne by the Government. The burial expenses of aliens who die while in the lawful custody of the Immigration and Naturalization Service may be borne

**For statutory and source citations, see note to $ 22.1.

Page 93

by the Government, except in those cases in which it is otherwise provided by section 15 of the Immigration Act of 1917 (39 Stat. 885; & U.S.C. 151), and said burial expenses may include the payment of not exceeding $10 in any case for the services of a minister of any recognized religious denomination.* [G.O. 125, Feb. 19, 1929]

PART 23-IMPOSITION AND COLLECTION OF FINES

Sec.

Sec. 23.1 Liability for bringing mentally af- 23.12 Liability for failure to detain or flicted or diseased aliens.

deport seamen. 23.2 Liability for bringing certain 23.13 Notice of intention to fine for

aliens afflicted otherwise than as failure to detain seamen penddescribed in 8 23.1.

ing inspection; time for opposi23.3 Liability for diseased seamen on

tion; clearance of vessel. passenger-carrying vessels. 23.14 Notice of intention to fine for 23.4 Liability for bringing illiterate or

failure to detain and deport seabarred-zone aliens.

men, if required, after inspec23.5 Liability for bringing solicited tion; time for opposition; clearaliens.

ance of vessel. 23.6 Liability for failure to supply 23.15 Notice of intention to fine in cases manifest.

other than under $$ 23.13, 23.14; 23.7 Liability to meet specified ex

time for opposition; clearance of penses.

vessel. 23.8 Liability for failure to receive 23.16 Notice of intention to fine; proceand deport excluded alien; ac

dure. cepting security for return ex- 23.17 Submission of evidence and repenses; bringing alien previous

port. ly excluded or deported.

23.18 Mitigation or remission of fines; 23.9 Liability for failure to deport alien mentally afflicted or diseased as directed.

alien seamen. 23.10 Liability for bringing immigrant 23.19 Action on decision.

without proper visa.
23.11 Liability for failure to report de-

sertion or landing, or furnish
required list of seamen.

Section 23.1 Liability for bringing mentally afflicted or diseased aliens. Whenever the medical examiner certifies that an arriving alien is afflicted with any of the diseases or disabilities mentioned in section 9 of the Immigration Act of 1917, as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U.S.C. 145), the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $1,000 for each of said aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.**** [23-A-1]

**88 23.1 to 23.19, 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.

i #The source of $8 23.1 to 23.19, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.

23.2 Liability for bringing certain aliens afflicted otherwise than as described in § 23.1. In the case of an alien afflicted with any mental defect other than those specifically named in section 9 of the Immigration Act of 1917, as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U.S.C. '145), or physical defect of a nature which

Page 94

*For statutory citation, see note to § 22.1.

may affect ability to earn a living, when certified as in § 23.1, the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $250 for each of said aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.*+ [23-A-2]

23.3 Liability for diseased seamen on passenger-carrying vessels. Whenever the medical examiner certifies that an alien seaman found employed on board any vessel carrying passengers between a port of the United States and a port of a foreign country is afflicted with any of the diseases or disabilities mentioned in section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 169), such vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $50 for each such seaman.*i (Sec. 26, 43 Stat. 166; 8 U.S.C. 145) [23-A-3]

23.4 Liability for bringing illiterate or barred-zone aliens. Where aliens excluded as illiterate or as natives of that portion of the continent of Asia and the islands adjacent thereto described in section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U.S.C. 136), are brought to the United States in violation of section 9 of said Act as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U.S.C. 145), the vessel or transportation agency bringing them shall pay to the collector of customs (under notice of intention to fine) $1,000 for each of such aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.*+ *(Sec. 35, 39 Stat. 896; 8 U.S.C. 169) [23-A-4]

23.5 Liability for bringing solicited aliens. When aliens have been brought to the United States after having been solicited, invited, or encouraged to come in violation of section 7 of the Immigration Act of 1917 (39 Stat. 879; 8 U.S.C. 143), the vessel or transportation agency bringing them shall pay to the collector of customs (under notice of intention to fine) $200 for each and every such violation.** [23-A-5]

23.6 Liability for failure to supply manifest. Where the master or commanding officer of a vessel bringing aliens into or carrying aliens out of the United States fails or refuses, in violation of section 14 of the Immigration Act of 1917 (39 Stat. 884; 8 U.S.C. 150), to deliver full and accurate manifests or statements or information regarding aliens brought into or carried out of the United States, such masters or commanding officers shall pay to the collector of customs (under notice of intention to fine) $10 for each alien concerning whom proper manifest, statement, or information is not furnished at the time of arrival with respect to incoming aliens and within 60 days with respect to outgoing aliens.*+ [23-A-6]

23.7 Liability to meet specified expenses. Whenever a vessel or transportation agency fails or refuses to defray any of the expenses specified in section 15 of the Immigration Act of 1917 (39 Stat. 885; 8 U.S.C. 151), such vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine)

[blocks in formation]

Page 95

[ocr errors]

$300 for each and every violation of said section.*+ (Sec. 18,

, 39 Stat. 887; 8 U.S.C. 154) [23-A-7]

23.8 Liability for failure to receive and deport excluded alien; accepting security for return expenses; bringing alien previously excluded or deported. Whenever there has been any refusal or failure by any master, purser, person in charge, agent, owner, or consignee of the kind specified in section 18, Immigration Act of 1917 (39 Stat. 887, 45 Stat. 1551; 8 U.S.C. 154), or any such person has made any charge or taken any security covering return expenses of an alien, or taken any consideration to be returned in case alien is landed, or knowingly brought to the United States in violation of said section, (a) any alien excluded and deported within a year previously, unless said alien has received from the Secretary of Labor permission to reapply, (b) any alien arrested and ordered deported who thereafter has been deported in pursuance of law or has left the United States, unless such alien was arrested and deported prior to March 4, 1929, and in whose case prior to his reembarkation at a place outside the United States, or his application in foreign contiguous territory for admission to the United States, and prior to March 4, 1929, the Secretary of Labor has granted such alien permission to apply for readmission, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs (under notice of intention to fine) $300 for each and every violation of any provision of said section. For the purposes of this part, whenever applicable, the Philippine Islands shall be considered to be foreign country.*1 [23-A-8]

23.9 Liability for failure to deport alien as directed. Whenever any master, agent, owner, or consignee of any vessel fails or refuses to take on board, guard safely, and transport to specified destination (in violation of section 20 of the Immigration Act of 1917 (39 Stat. 889; 8 U.S.C. 156)), any alien presented for deportation, such master, owner, or consignee shall pay to the collector of customs (under notice of intention to fine) $300 for each and every violation of any provision of said section.** (Sec. 18, 39 Stat. 887; 8 U.S.C. 154) [23-A-9]

23.10 Liability for bringing immigrant without proper visa. Where an alien is brought to the United States in violation of section 16 (a) of the Immigration Act of 1924 (43 Stat. 163; 8 U.S.C. 216 (a)), the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $1,000 for each immigrant so brought and, in addition, a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.*+ (Sec. 16, 43 Stat. 163; 8 U.S.C. 216) [23-A-10]

23.11 Liability for failure to report desertion or landing, or furnish required list of seamen. Where the owner, agent, consignee, or master fails to report cases of desertion or landing or to deliver the lists required by section 36 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 171), such owner, agent, consignee, or master shall pay to the collector of customs (under notice of intention

Page 96

**For statutory and source citations, see note to § 23.1.

to fine) $10 for each alien concerning whom correct lists are not delivered or true report made as required by said section.*1 [23-A-11]

23.12 Liability for failure to detain or deport seamen. The owner, charterer, agent, or consignee of a vessel who fails to detain on board

any alien seaman until such seaman has been inspected, or fails to detain such seaman on board after such inspection, or deport when required to do so by the proper immigration officer or the Secretary of Labor, as provided in section 20 (a) of the Immigration Act of 1924 (43 Stat. 164; 8 U.S.C. 167 (a)), shall pay to the collector of customs (under notice of intention to fine), $1,000 for each alien seaman in respect of whom such failure occurs.** [23-A-12]

23.13 Notice of intention to fine for failure to detain seamen pending inspection; time for opposition; clearance of vessel. When the ascertained facts indicate that the owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof has failed to detain on board such vessel all alien seamen employed thereon pending the inspection and examination of such alien seamen by the proper immigration and naturalization official, including the muster of all aliens employed thereon, as required by the proper immigration and naturalization official, notice to the effect that the ascertained facts indicate that a fine should be imposed under section 20 of the Immigration Act of 1924 (43 Stat. 164; 8 U.S.C. 167) shall be served promptly upon the owner, charterer, agent, consignee, or master of the vessel and that he will be allowed 60 days from the date of service of the notice within which to submit evidence and be heard in reference to the matter. In the meantime the vessel involved, which is the subject of fine proceedings, will be granted clearance papers if there be deposited with the collector of customs, prior to the time of sailing, a sum equal to the fine specified in the said notice, or, where permitted by the act of May 26, 1924, a bond with sufficient surety approved by the collector of customs, as security for the payment of the fine in the event it should be imposed.** (23-B-1]

23.14 Notice of intention to fine for failure to detain and deport seamen, if required, after inspection; time for opposition; clearance of vessel. When the ascertained facts indicate that the owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof has failed or refused to detain or deport any alien seaman as required by the proper immigration officer, the immigration and naturalization official in charge shall forthwith serve or cause to be served upon such owner, charterer, agent, consignee, or master a notice in writing to the effect that the ascertained facts indicate that the fine provided for by section 20 of the Immigration Act of 1924 (43 Stat. 164; 8 U.S.C. 167) should be imposed for each alien in respect of whom such failure or refusal occurs; and that he will be allowed sixty days from the date of service of the notice within which to submit evidence and be heard in reference to the matter. In every case this notice shall be served upon the same party as was the notice to detain or deport. In the meantime the vessel involved, which is the subject

**For statutory and source citations, see note to $ 23.1.

Page 97

[97]

« PreviousContinue »