Page images
PDF
EPUB

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

stances, of the nature of the charges against him and of the time and place at which the proceedings will be held ;

(2) the alien shall have the privilege of being repre ted (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose ;

(3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence in his own behalf, and to crossexamine witnesses presented by the Government; and

(4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and proba

tive evidence. The procedure so prescribed shall be the sole and exclusive procedure for determining the deportability of an alien under this section. In any case in which an alien is ordered deported from the United States under the provisions of this Act, or of any other law or treaty, the decision of the Attorney General shall be final. In the discretion of the Attorney General, and under such regulations as he may prescribe, deportation proceedings, including issuance of a warrant of arrest, and a finding of deportability under this section need not be required in the case of any alien who admits to belonging to a class of aliens who are deportable under section 241 if such alien voluntarily departs from the United States at his own expense, or is removed at Government expense as hereinafter authorized, unless the Attorney General has reason to believe that such alien is deportable under paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18) of section 241 (a). If any alien who is authorized to depart voluntarily under the preceding sentence is financially unable to depart at his own expense and the Attorney General deems his removal to be in the best interest of the United States, the expense of such removal may be paid from the appropriation for the enforcement of this Act. (c) When a final order of deporta

When such an order of depor tion under administrative processes is tation has been made against any alien, made against any alien, the Attorney the Attorney General shall have a pe General shall have a period of six riod of six months from the date of months from the date of such order, or, such order within which to effect the if judicial review is had, then from the alien's departure from the United date of the final order of the court, States, during which period, at the THE IMMIGRATION AND NATIONALITY ACT,

OLD LAW PUBLIC LAW 414 within which to effect the alien's de- Attorney General's discretion, the alien parture from the United States, during may be detained, released on condiwhich period, at the Attorney General's tional parole, or upon bond in an discretion, the alien may be detained, amount and specifying such conditions released on bond in an amount and con- for surrender of the alien to the Immitaining such conditions as the Attorney gration and Naturalization Service as General may prescribe, or released on may be determined by the Attorney such other condition as the Attorney General. If deportation has not been General may prescribe. Any court of practicable, advisable, or possible, or competent jurisdiction shall have au- departure of the alien from the United thority to review or revise any deter- States has not been effected, within six mination of the Attorney General con- months from the date of the order of cerning detention, release on bond, or deportation the alien shall become subother release during such six-month ject to such further supervision and period upon a conclusive showing in detention pending eventual deportation habeas corpus proceedings that the as is authorized hereinafter in this secAttorney General is not proceeding tion. The Attorney General is hereby with such reasonable dispatch as may authorized and directed to arrange for be warranted by the particular facts appropriate places of detention for and circumstances in the case of any those aliens whom he shall take into alien to effect such alien's departure custody and detain. (Sec. 20 (a), act from the United States within such six- of 1917, as amended by sec. 23 of the month period. If deportation has not Subversive Activities Control Act of been practicable, advisable, or possible, 1950.) or departure of the alien from the United States under the order of deportation has not been effected, within such six-month period, the alien shall become subject to such further supervision and detention pending eventual deportation as is authorized in this section. The Attorney General is hereby authorized and directed to arrange for appropriate places of detention for those aliens whom he shall take into custody and detain under this section. Where no Federal buildings are available or buildings adapted or suitably located for the purpose are available for rental, the Attorney General is hereby authorized, notwithstanding section 3709 of the Revised Statutes, as amended (41 U. S. C. 5), or section 322 of the Act of June 30, 1932, as amended (40 U. S. C. 278a), to expend, from the appropriation provided for the administration and enforcement of the immigration laws, such amounts as may be necessary for the acquisition of land and the erection, acquisition, maintenance, operation, remodeling, or repair of buildings, sheds, and office quarters (including living quarters for officers where none are otherwise available), and adjunct facilities, necessary for the detention of aliens. For the purposes of this section an order of deportation heretofore or hereafter entered against an alien

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

or

as

in legal detention or confinement, other than under an immigration process, shall be considered as being made as of the moment he is released from such detention or confinement, and not prior thereto.

(d) Any alien, against whom a final order of deportation as defined in sub

(b) Any alien, against whom an section (c) heretofore or hereafter issued has been outstanding for more hereafter issued, has been outstanding

order of deportation, heretofore than six months, shall, pending even- for more than six months shall, pendtual deportation, be subject to super, ing eventual deportation, be subject to vision under regulations prescribed by

under

supervision Such regula

regulations prethe Attorney General. tions shall include provisions which will regulations shall require any alien sub

scribed by the Attorney General. Such require any alien subject to supervision ject to supervision (1) to appear from (1) to appear from time to time before time to time at specified times or interan immigration officer for identifica- vals before an officer of the Immigration; (2) to submit, if necessary, to tion and Naturalization Service for medical and psychiatric examination at identification; (2) to submit, if necesthe expense of the United States; (3) to give information under oath as to his sary, to medical and psychiatric ex

amination at the expense of the United nationality, circumstances, habits, associations, and activitiesand such States; (3) to give information under

oath to his nationality, circumother information, whether or not re- stances, habits, associations, and aclated to the foregoing, as the Attorney tivities, and such other information General may deem fit and proper; and whether or not related to the fore (4) to conform to such reasonable going as the Attorney General may written restrictions on his conduct or activities as are prescribed by the At- deem fit and proper; and (4) to con

form to such reasonable written retorney General in his case. Any alien who shall willfully fail to comply with strictions on his conduct or activities such regulations, or willfully fail to General in his case.

are prescribed by the Attorney

Any alien who appear or to give information or submit to medical or psychiatric examination shall willfully fail to comply with such if required, or knowingly give false in- regulations, or willfully fail to appear formation in relation to the require or to give information or submit to ments of such regulations, or know- medical or psychiatric examination if ingly violate a reasonable restriction required, or knowingly gives false inimposed upon his conduct or activity, ments of such regulations, or knowingly

formation in relation to the requireshall upon conviction be guilty of a felony, and shall be fined not more than violates a reasonable restriction im$1,000 or shall be imprisoned not more shall upon conviction be guilty of a

posed upon his conduct or activity, than one year, or both.

felony, and shall be fined not more than $1,000 or shall be imprisoned not more than one year, or both. (Sec. 20 (b), act of 1917 as amended by sec. 23 of the Subversive Activities Control Act of

1950). (e) Any alien against whom a final (c) Any alien against whom an ororder of deportation is outstanding by der of deportation is outstanding under reason of being a member of any of the (1) the Act of October 16, 1918, as classes described in paragraphs (4), amended (40 Stat. 1012, 41 Stat. 1008, (5), (6), (7), (11), (12), (14), (15), 54 Stat. 673; 8 U. S. C. 137); (2) the (16), (17), or (18) of section 241 (a), Act of February 9, 1909, as amended who shall willfully fail or refuse to de (35 Stat. 614, 42 Stat. 596; 21 U. S. C. part from the United States within a 171, 174–175); (3) the Act of February period of six months from the date of 18, 1931, as amended (46 Stat. 1171, 54 the final order of deportation under ad- Stat. 673; 8 U. S. C. 156a); or (4) so ministrative processes, or, if judicial much of section 19 of the Immigration

as

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

review is had, then from the date of the Act of 1917, as amended (39 Stat. 889 final order of the court, or from the date 890; 54 Stat. 671-673, 56 Stat. 1044; 8 of the enactment of the Subversive U. S. C. 155) as relates to criminals, Activities Control Act of 1950, which- prostitutes, procurers or other immoral ever is the later, or shall willfully fail persons, anarchists, subversives and or refuse to make timely application in similar classes, who shall willfully fail good faith for travel or other documents or refuse to depart from the United necessary to his departure, or who shall States within a period of six months connive or conspire, or take any other from the date of such order of deportaaction, designed to prevent or hamper tion, or from the date of the enactor with the purpose of preventing or ment of the Subversive Activities Conhampering his departure pursuant to trol Act of 1950, whichever is the later, such order of deportation, or who shall or shall willfully fail or refuse to make willfully fail or refuse to present him- timely application in good faith for self for deportation at the time and travel or other documents necessary to place required by the Attorney General his departure, or who shall connive or pursuant to such order of deportation, conspire, or take any other action, shall upon conviction be guilty of a designed to prevent or hamper or with felony, and shall be imprisoned not more the purpose of preventing or hampering than ten years: Provided, That this sub- his departure pursuant to such order of section shall , not make it illegal for deportation, or who shall willfully fail any alien to take any proper steps for or refuse to present himself for deportathe purpose of securing cancellation of tion at the time and place required by or exemption from such order of de- the Attorney General pursuant to such portation or for the purpose of securing order of deportation, shall upon conhis release from incarceration or cus- viction be guilty of a felony, and shall tody : Provided further, That the court be imprisoned not more than ten years: may for good cause suspend the sen- Provided, That this subsection shall not tence of such alien and order his re make it illegal for any alien to take any lease under such conditions as the court proper steps for the purpose of securing may prescribe. In determining wheth- cancellation of or exemption from such er good cause has been shown to justify order of deportation or for the purpose releasing the alien, the court shall take of securing his release from incarcerainto account such factors as (1) the tion or custody : Provided further, That age, health, and period of detention of the court may for good cause suspend the alien; (2) the effect of the alien's the sentence of such alien and order his release upon the national security and release under such conditions as the public peace or safety; (3) the likeli- court may prescribe. In determining hood of the alien's resuming or follow- whether good cause has been shown to ing a course of conduct which made or justify releasing the alien, the court would make him deportable; (4) the shall take into account such factors as character of the efforts made by such (1) the age, health, and period of dealien himself and by representatives of tention of the alien; (2) the effect upon the country or countries to which his the national security and public peace deportation is directed to expedite the or safety; (3) the likelihood of the alien's departure from the United alien's following a course of conduct State; (5) the reason for the inability which made or would make him de of the Government of the United States portable; (4) the character of the efto secure passports, other travel docu- forts made by such alien himself and ments, or deportation facilities from the by representatives of the country or country or countries to which the alien countries to which his deportation is bas been ordered deported; and (6) the directed to expedite the alien's deeligibility of the alien for discretionary parture from the United States; (5) relief under the immigration laws. the reason for the inability of the Gov

ernment of the United States to secure passports, other travel documents, or deportation facilities from the country or countries to which the alien has been ordered deported; and (6) the eligibility of the alien for discretionary relief un

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

der the immigration laws. (Sec. 20 (c), act of 1917, as amended by sec. 23 of the Subversive Activities Control

Act of 1950.) (f) Should the Attorney General (d) should any subject to the find that any alien has unlawfully re- provisions of subsection (c) unlawentered the United States after having fully return to the United States after previously departed or been deported having been released for departure or pursuant to an order of deportation, deported pursuant to this section, the whether before or after the date of en- previous warrant of deportation against actment of this Act, on any ground de- him shall be considered as reinstated scribed in any of the paragraphs enu- from its original date of issuance. merated in subsection (e), the pre- (Sec. 20 (d), Act of 1917, as amended vious order of deportation shall be by sec. 23 of the Subversive Activities deemed to be reinstated from its origi- Control Act of 1950.) nal date and such alien shall be deported under such previous order at any time subsequent to such reentry. For the purposes of subsection (e) the date on which the finding is made that such reinstatement is appropriate shall be deemed the date of the final order of deportation.

(g) If any alien, subject to supervi- (e) If any alien subject to this secsion or detention under subsections tion is able to depart from the United [subsection] (c) or (d) of this section, States, except that he is financially unis able to depart from the United States able to pay his passage, the expense of under the order of deportation, except such passage to the country to which that he is financially unable to pay his he is destined may be paid from the passage, the Attorney General may in appropriation for the enforcement of his discretion permit such alien to de- this Act, unless such payment is otherpart voluntarily, and the expense of such wise provided for under this Act. (Sec. passage to the country to which he is 20 (e), Act of 1917, as amended by sec. destined may be paid from the appro- 23 of the Subversive Activities Control priation for the enforcement of this Act, Act of 1950.) unless such payment is otherwise provided for under this Act.

(h) An alien sentenced to imprisonment shall not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation.

COUNTRIES TO WHICH ALIENS SHALL BE

DEPORTED; COST OF DEPORTATION

PORTS TO WHICH ALIENS TO BE DEPORTED;

COST OF DEPORTATION; PENALTIES;
BONDS

Sec. 243. (a) The deportation of an SEC. 20. (a) That the deportation of alien in the United States provided for aliens provided for in this Act and all in this Act, or any other Act or treaty, other immigration laws of the United shall be directed by the Attorney Gen- States shall be directed by the Attorney eral to a country promptly designated General to the country specified by the by the alien if that country is willing to alien, if it is willing to accept him into accept him into its territory, unless the its territory; otherwise such deportaAttorney General, in his discretion, con- tion shall be directed by the Attorney cludes that deportacion to such country General within his discretion and withwould be prejudicial to the interests of out priority of preference because of the United States. No alien shall be their order as herein set forth, either permitted to make more than one such to the country from which such alien designation, nor shall any alien desig- last entered the United States; or to nate, as the place to which he wishes to the country in which is located the for

« PreviousContinue »