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THE IMMIGRATION AND NATIONALITY ACT,

OLD LAW PUBLIC LAW 414 be deported, any foreign territory con- eign port at which such alien embarked tiguous to the United States or any for the United States or for foreign island adjacent thereto or adjacent to contiguous territory; or to any country the United States unless such alien is a in which he resided prior to entering native, citizen, subject, or national of, the country from which he entered the or had a residence in such designated United States; or to the country which foreign contiguous territory or adjacent had sovereignty over the birthplace of island. If the government of the coun- the alien at the time of his birth; or to try designated by the alien fails finally any country of which such an alien is a to advise the Attorney General within subject, national, or citizen; or to the three months following original inquiry country in which he was born; or to the whether that government will or will country in which the place of his birth not accept such alien into its territory, is situated at the time he is ordered desuch designation may thereafter be dis- ported; or, if deportation to any of the regarded. Thereupon deportation of said foregoing places or countries is such alien shall be directed to any coun- impracticable, inadvisable. or impostry of which such alien is a subject (,) sible, then to any country which is willnational, or citizen if such country is ing to accept such alien into its terriwilling to accept him into its territory. tory. If the United States is at war and If the government of such country fails the deportation, in accordance with the finally to advise the Attorney General preceding provisions of this section, of or the alien within three months fol- any alien who is deportable under any lowing the date of original inquiry, or law of the United States, shall be found within such other period as the Attor- by the Attorney General to be impracney General shall deem reasonable un- ticable inconvenient because of der the circumstances in a particular enemy occupation of the country whence case, whether that government will or such alien came or wherein is located will not accept such alien into its terri- the foreign port at which he embarked tory, then such deportation shall be for the United States or because of other directed by the Attorney General with- reasons connected with the war, such in his discretion and without necessarily alien may, at the option of the Attorney giving any priority or preference be- General, be deported (1) if such alien is cause of their order as herein set forth a citizen or subject of a country whose either—

recognized government is in exile to the (1) to the country from which such country wherein is located that governalien last entered the United States; ment in exile, if that country will per

(2) to the country in which is lo- mit him to enter its territory; or (2) if cated the foreign port at which such such alien is a citizen or subject of a alien embarked for the United States country whose recognized government is or for foreign contiguous territory; not in exile, then, to a country or any

(3) to the country in which he was political or territorial subdivision thereborn;

of which is approximate to the country (4) to the country in which the of which the alien is a citizen or subject, place of his birth is situated at the or with the consent of the country of time he is ordered deported;

which the alien is a citizen or subject, to (5) to any country in which he re- any other country. No alien shall be sided prior to entering the country deported under any provisions of this from which he entered the United Act to any country in which the AttorStates;

ney General shall find that such alien (6) to the country which had sov- would be subjected to physical persecuereignty over the birthplace of the tion. If deportation proceedings are inalien at the time of his birth; or stituted at any time within five years

(7) if deportation to any of the after the entry of the alien, such deporforegoing places or countries is im- tation, including one-half of the entire practicable, inadvisable, or impossi- cost of removal to the port of deportable, then to any country which is will- tion, shall be at the expense of the coning to accept such alien into its terri- tractor, procurer, or other person by tory.

whom the alien was unlawfully induced (b) If the United States is at war to enter the United States, or, if that and the deportation, in accordance with cannot be done, then the cost of removal the provisions of subsection (a), of any to the port of deportation shall be at the alien who is deportable under any law of expense of the appropriation for the enthe United States shall be found by the forcement of this Act, and the deportaAttorney General to be impracticable, tion from such port shall be at the ex

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inadvisable, inconvenient, or impossible pense of the owner or owners of such because of enemy. occupation of the vessels or transportation lines by which country from which such alien came or such aliens respectively came, or, if that wherein is located the foreign port at is not practicable, at the expense of the which he embarked for the United appropriation for the enforcement of States or because of reasons connected this Act. If deportation proceedings with the war, such alien may, in the dis- are instituted later than five years after cretion of the Attorney General, be de- the entry of the alien, or, if the deportaported as follows:

tion is made by reason of causes arising (1) if such alien is a citizen or sub- subsequent to entry, the cost thereof ject of a country whose recognized shall be payable from the appropriation government is in exile, to the country for the enforcement of this Act. A failin which is located that government ure or refusal on the part of the masin exile if that country will permit ters, agents, owners, or consignees of him to enter its territory; or

vessels to comply with the order of the (2) if such alien is a citizen or Attorney General to take on board, subject of a country whose recognized guard safely, and transport to the destigovernment is not in exile, then to a nation specified any alien ordered to be country or any political or territorial deported under the provisions of this subdivision thereof which is proxi- Act shall be punished by the imposition mate to the country of which the alien of the penalties prescribed in section 18 is a citizen or subject, or, with the of this Act: Provided, That when in the consent of the country of which the opinion of the Attorney General the alien is a citizen or subject, to any mental or physical condition of such other country.

alien is such as to require personal care and attendance, the said Attorney General shall when necessary employ a suitable person for that purpose, who shall accompany such alien to his or her final destination, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accompanied alien is defrayed. (Sec. 20 (a), Act of 1917, as amended, by sec. 23 of the Subversive Activities

Control Act of 1950.) (c) If deportation proceedings are instituted at any time within five years after the entry of the alien for causes existing prior to or at the time of entry, the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this Act, and the deportation from such port shall be at the expense of the owner or owners of the vessels, aircraft, or other transportation lines by which such alien came to the United States, or if in the opinion of the Attorney General that is not practicable, at the expense of the appropriation for the enforcement of this Act: Provided, That the costs of the deportation of any such alien from such port shall not be assessed against the owner or owners of the vessels, aircraft, or other transportation lines in the case of any alien who arrived in possession of a valid unexpired immigrant visa and who was inspected and admitted to the United States for permanent residence. In the case of an alien crewman, if deportation proceedings are instituted at any time within five years after the

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granting of the last conditional permit to land temporarily under the provisions of section 252, the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this Act and the deportation from such port shall be at the expense of the owner or owners of the vessels or aircraít by which such alien came to the United States, or if in the opinion of the Attorney General that is not practicable, at the expense of the appropriation for the enforcement of this Act.

(d) If deportation proceedings are instituted later than five years after the entry of the alien, or in the case of an alien crewman later than five years after the granting of the last conditional permit to land temporarily, the cost thereof shall be payable from the appropriation for the enforcement of this Act.

(e) A failure or refusal on the part of the master, commanding officer, agent, owner, charterer, or consignee of a vessel, aircraft, or other transportation line to comply with the order of the Attorney General to take on board, guard safely, and transport to the destination specified any alien ordered to be deported under the provisions of this Act, or a failure or refusal by any such person to comply with an order of the Attorney General to pay deportation expenses in accordance with the requirements of this section, shall be punished by the imposition of a penalty in the sum and manner prescribed in section 237 (b).

(f) When in the opinion of the Attorney General the mental or physical condition of an alien being deported is such as to require personal care and attendance, the Attorney General shall, when necessary, employ a suitable person for that purpose who shall accompany such alien to his final destination, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accompanied alien is defrayed, and any failure or refusal to defray such expenses shall be punished in the manner prescribed by subsection (e) of this section.

(g) Upon the notification by the Attorney General that any country upon request denies or unduly delays acceptance of the return of any alien who is a national, citizen, subject, or resident thereof, the Secretary of State shall instruct consular officers performing their duties in the territory of such country to discontinue the issuance of immigrant visas to nationals, citizens,

J. 2212648

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subjects, or residents of such country, until such time as the Attorney General shall inform the Secretary of State that such country has accepted such alien.

(h) The Attorney General is authorized to withhold deportation of any alien within the United States to any country in which in his opinion the alien would be subject to physical persecution and for such period of time as he deems to be necessary for such reason.

SUSPENSION OF DEPORTATION; VOLUNTARY

DEPARTURE

Sec. 244. (a) As hereinafter pre- (c) In the case of any alien (other scribed in this section, the Attorney than one to whom subsection (d) is General may, in his discretion, suspend applicable) who is deportable under any deportation and adjust the status to law of the United States and who has that of an alien lawfully admitted for proved good moral character for the permanent residence, in the case of an preceding five years, the Attorney Genalien who

eral may (1) permit such alien to depart (1) applies to the Attorney General the United States to any country of his within five years after the effective choice at his own expense, in lieu of date of this Act for suspension of de- deportation; or (2) suspend deportaportation; last entered the United tion of such alien if he is not ineligible States more than two years prior to for naturalization or if ineligible, such the date of enactment of this Act; ineligibility is solely by reason of his is deportable under any law of the race, if he finds (a) that such deportaUnited States and is not a member tion would result in serious economic of a class of aliens whose deportation detriment to a citizen or legally resident could not have been suspended by alien who is the spouse, parent, or minor reason of section 19 (d) of the Im- child of such deportable alien; or (b) migration Act of 1917, as amended; tbat such alien has resided continuously and has been physically present in in the United States for seven years or the United States for a continuous more and is residing in the United States period of not less than seven years upon the effective date of this Act. If immediately preceding the date of the deportation of any alien is sus. such application, and proves that dur- pended under the provisions of this ing all of such period he was and is subsection for more than six months, a a person of good moral character; complete and detailed statement of the and is a person whose deportation facts and pertinent provisions of law in would, in the opinion of the Attor- the case shall be reported to the Conney General, result in exceptional gress with the reasons for such susand extremely unusual hardship to pension. These reports shall be subthe alien or to his spouse, parent or mitted on the 1st and 15th day of each child, who is a citizen or an alien calendar month in which Congress is in lawfully admitted for permanent resi- session. If during the session of the dence; or

Congress at which a case is reported, or (2) last entered the United States prior to the close of the session of the within two years prior to at any time Congress next following the session at after the date of enactment of this which a case is reported, the Congress Act; is deportable under any law of passes a concurrent resolution stating the United States solely for an act in substance that it favors the suspencommitted or status existing prior to sion of such deportation, the Attorney or at the time of such entry into the General shall cancel deportation proUnited States and is not within the ceedings. If prior to the close of the provisions of paragraph (4) of this session of the Congress next following subsection ; was possesed of all of the the session at which a case is reported, requisite documents at the time of the Congress does not pass such a consuch entry into the United States; current resolution, the Attorney General has been physically present in the shall thereupon deport such alien in the

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United States for a continuous period manner provided by law. Deportation of not less than five years immediately proceedings shall not be canceled in the preceding his applicaion under this case of any alien who was not legally paragraph, and proves that during all admitted for permanent residence at the of such period he has been and is a time of his last entry into the United person of good moral character; has States, unless such alien pays the Comnot been served with a final order of missioner of Immigration and Naturaldeportation issued pursuant to this ization a fee of $18 (which fee shall be Act in deportation proceedings up to deposited in the Treasury of the United the time of applying to the Attorney States as miscellaneous receipts). General for suspension of deporta- Upon the cancellation of such proceedtion; and is a person whose deporta- ings in any case in which fee has been tion would, in the opinion of the At- paid the Commissioner shall record the torney General, result in exceptional alien's admission for permanent resiand extremely unusual hardship to dence as of the date of his last entry the alien or to his spouse, parent, or into the United States and the Secrechild, who is a citizen or an alien tary of State shall, if the alien was a lawfully admitted for permanent resi- quota immigrant at the time of entry dence; or

and was not charged to the appropriate quota, reduce by one the immigration quota of the country of the alien's nationality as defined in section 12 of the Act of May 26, 1924 (U. S. C., title 8, sec. 212), for the fiscal year then current at the time of cancellation or the next following year in which a quota is available: Provided, That no quota shall be reduced by more than 50 per centum in any fiscal year. (Act of 1917, sec.

19 (c).) (3) last entered the United States within two years prior to, or at any time after the date of enactment of this Act; is deportable under any law of the United States for an act committed or status acquired subsequent to such entry into the United States and is not within the provisions of paragraph (4) or (5) of this subsection; was possessed of all of the requisite documents at the time of such entry into the United States; has been physically present in the United States for a continuous period of not less than five years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character; has not been served with a final order of deportation issued pursuant to this Act in deportation proceedings up to the time of applying to the Attorney General for suspension of deportation; and is a person whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent, or child, who is a citizen or an alien lawfully admitted for permanent residence; or

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