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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

be removed from the vessel or aircraft such disability or disease may be reon which he arrived to an immigration moved from the vessel on which they station, or other appropriate place, for arrive to an immigration station or such observation as will enable the ex. other appropriate place for such obamining surgeons to determine defi- servation as will enable the examinnitely whether or not he is so afflicted, ing surgeons definitely to determine all expenses connected therewith to be whether or not they are so affiicted, all borne in the manner hereinbefore pre- expenses connected therewith to be scribed. In cases in which it appears borne in the manner, hereinbefore preto the satisfaction of the immigration scribed : Provided further, That in cases officer in charge that it will not be pos- in which it shall appear to the satissible within a reasonable time to effect faction of the immigration official in a cure, the return of the alien crewman charge that it will not be possible withshall be enforced on, or at the expense in a reasonable time to effect a cure, of, the transportation line on which he the return of the alien seamen shall be came, upon such conditions as the At- enforced on or at the expense of the torney General shall prescribe, to insure vessel on which they came, upon such that the alien shall be properly cared conditions as the Commissioner of Imfor and protected, and that the spread migration and Naturalization, with the of contagion shall be guarded against. approval of the Attorney General, shall

prescribe, to insure that the aliens shall be properly cared for and protected, and that the spread of contagion shall be guarded against. (Act of December 26, 1920, 41 Stat. 1082-1083; 8 U, S. C. 170.)

CONTROL OF ALIEN CREWMEN

DETENTION OF SEAMEN ON BOARD VESSELS

UNTIL AFTER INSPECTION; DETENTION
OR DEPORTATION ; PENALTY ; CLEARANCE
TO VESSELS

SEC. 254. (a) The owner, agent, con- SEC. 20. (a) The owner, charterer, signee, charterer, master, or command- agent, consignee, or master of any vessel ing officer of any vessel or aircraft ar- arriving in the United States from any riving in the United States from any place outside thereof who fails to detain place outside thereof who fails (1) to on board any alien seaman employed on detain on board the vessel, or in the such vessel until the immigration and case of an aircraft to detain at a place naturalization officer in charge at the specified by an immigration officer at the port of arrival has inspected such seaexpense of the airline, any alien crew- man (which inspection in all cases shall man employed thereon until an immi- include a personal physical examination gration officer has completely inspected by the medical examiners), or who fail such alien crewman, including a phy- to detain such seaman on board after sical examination by the medical exam- such inspection or to deport such seainer, or (2) to detain any alien crewman man if required by such immigration on board the vessel or in the case of an and naturalization officer or the Attoraircraft at a place specified by an im- ney General to do so, shall pay to the migration officer at the expense of the collector of customs of the customs disairline, after such inspection unless a trict in which the port of arrival is loconditional permit to land temporarily cated the sum of $1,000 for each alien has been granted such alien crewman seaman in respect of whom such failure under section 252 or unless an alien occurs. No vessel shall be granted clearcrewman has been permitted to land ance pending the determination of the temporarily under section 212 (d) (5) liability to the payment of such fine, or or 253 for medical or hospital treatment, while the fine remains unpaid, except or (3) to deport such alien crewman if that clearance may be granted prior to required to do so by an immigration the determination of such question upon officer, whether such deportation re- the deposit of a sum sufficient to cover quirement is imposed before or after such fine, or of a bond with sufficient the crewman is permitted to land tem- surety to secure the payment thereof apporarily under section 212 (d) (5), 252, proved by the collector of customs. The or 253, shall pay to the collector of cus- Attorney General may, upon application toms of the customs district in which in writing therefor, mitigate such pen

THE IMMIGRATION AND NATIONALITY ACT,

OLD LAW PUBLIC LAW 414 the port of arrival is located or in which alty to not less than $200 for each seathe failure to comply with the orders of man in respect of whom such failure the officer occurs the sum of $1,000 for occurs, upon such terms as the Attorney each alien crewman in respect of whom General in his discretion shall think any such failure occurs. No such vessel proper. This section as amended, shall or aircraft shall be granted clearance apply to all penalties arising subsequent pending the determination of the lia- to June 5, 1940. (Act of 1924, sec. 20 bility to the payment of such fine, or (a).) while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs. The Attorney General may, upon application in writing therefor, mitigate such penalty to not less than $200 for each alien crewman in respect of whom such failure occurs, upon such terms as he shall think proper.

PRIMA FACIE EVIDENCE OF FAILURE TO

DETAIN OR DEPORT (b) Except as may be otherwise pre- (b) Proof that an alien seaman did scribed by regulations issued by the At- not appear upon the outgoing manifest torney General, proof that an alien of the vessel on which he arrived in crewman did not appear upon the out the United States from any place outgoing manifest of the vessel or aircraft side thereof, or that he was reported by on which he arrived in the United States the master of such vessel as a deserter, from any place outside thereof, or that shall be prima facie evidence of a failhe was reported by the master or com- ure to detain or deport after requiremanding officer of such vessel or air- ment by the immigration and naturalicraft as a deserter, shall be prima facie zation officer or the Attorney General. evidence of a failure to detain or deport (Act of 1924, sec. 20 (b).) such alien crewman.

DEPORTATION; PROCEDURE (SECTION 32 OF

THE IMMIGRATION ACT OF 1917 RE-
PEALED, ETC.)

(c) If the Attorney General finds that (c) If the Attorney General finds that deportation of an alien crewman under deportation of the alien seaman on the this section on the vessel or aircraft on vessel on which he arrived would cause which he arrived is impracticable or undue hardship to such seaman he may impossible, or would cause undue hard- cause him to be deported on another ship to such alien crewman, he may vessel at the expense of the vessel on cause the alien crewman to be deported which he arrived, and such vessel shall from the port of arrival or any other not be granted clearance until such export on another vessel or aircraft of the pense has been paid or its payment same transportation line, unless the At- guaranteed to the satisfaction of the torney General finds this to be imprac- Attorney General. (Act of 1924, sec. ticable. All expenses incurred in con- 20 (c).) nection with such deportation, including (d) Section 32 of the Immigration expenses incurred in transferring an Act of 1917 is repealed, but shall remain alien crewman from one place in the in force as to all vessels, their owners, United States to another under such agents, consignees, and masters, and as conditions and safeguards as the Attor- to all seamen, arriving in the United ney General shall impose, shall be paid States prior to the enactment of this by the owner or owners of the vessel Act. (Act of 1924, sec. 20 (d).) or aircraft on which the alien arrived in the United States. The vessel or aircraft on which the alien arrived shall

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

not be granted clearance until such expenses have been paid or their payment guaranteed to the satisfaction of the Attorney General. An alien crewman who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States.

EMPLOYMENT ON PASSENGER VESSELS OF

ALIENS AFFLICTED WITH CERTAIN DIS-
ABILITIES

EMPLOYMENT ON PASSENGER VESSELS OF

ALIENS AFFLICTED WITH IDIOCY, ETC. ;
PENALTY

а

SEC. 255. It shall be unlawful for any

SEC. 35. That it shall be unlawful for vesses or aircraft carrying passengers any vessel carrying passengers between between a port of the United States and a port of the United States and a port a port outside thereof to have employed of a foreign country, upon arrival in on board upon arriva in the United the United States, to have on board States any alien afflicted with feeble- employed thereon any alien afflicted mindedness, insanity, epilepsy, tubercu- with idiocy, imbecility, insanity, epileplosis in any form, leprosy, or any dan- sy, tuberculosis in any form, or gerous contagious disease. If it ap loathsome or dangerous contagious dispears to the satisfaction of the Attorney ease, if it appears to the satisfaction of General, from an examination made by the Attorney General from an examinaa medical officer of the United States tion made by a medical officer of the Public Health Service, and is so certi- United States Public Health Service, fied by such officer, that any such alien and is so certified by such officer, that was so afflicted at the time he was

any such alien was so afflicted at the shipped or engaged and taken on board time he was shipped or engaged and such vessel or aircraft and that the taken on board such vessel and that the existence of such affliction might have existence of such affliction might have been detected by means of a competent been detected by means of a competent medical examination at such time, the medical examination at such time; and owner, commanding officer, agent, con- for every such alien so afflicted on signee, or master thereof shall pay for board any such vessel at the time each alien so afflicted to the collector of arrival the owner, agent, consignee, of customs of the customs district in

or master thereof shall pay to the colwhich the port of arrival is located the lector of customs of the customs dissum of $50. No vessel or aircraft shall trict in which the port of arrival is be granted clearance pending the de- located the sum of $50, and pending termination of the question of the lia- departure of the vessel the alien shall bility to the payment of such sums, or

be detained and treated in hospital unwhile such sums remain unpaid, except

der supervision of immigration and that clearance may be granted prior to naturalization officials at the expense of the determination of such question upon

the vessel; and no vessel shall be the deposit of an amount sufficient to granted clearance pending the determicover such sums or of a bond approved nation of the question of the liability to by the collector of customs with suffi- the payment of such fine and while it cient surety to secure the payment remains upaid : Provided, That clearthereof. Any such fine may, in the

ance may be granted prior to the deterdiscretion of the Attorney General, be mination of such question upon the demitigated or remitted.

posit of a sum sufficient to cover such fine: Provided further, That such fine may, in the discretion of the Attorney General, be mitigated or remitted. (Act of 1917, sec. 35.)

DISCHARGE OF ALIEN CREWMEN

PAYING OFF OR DISCHARGING EXCLUDED

ALIENS EMPLOYED ON VESSELS; LAND-
ING TO ALLOW RESHIPPING

Sec. 256. It shall be unlawful for SEC. 33. That it shall be unlawful any person, including the owner, agent, and be deemed a violation of the preconsignee, charterer, master, or com- ceding section to pay off or discharge manding officer of any vessel or air- any alien employed on board any ves

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414 craft, to pay off or discharge any alien sel arriving in the United States from crewman, except an alien lawfully ad- any foreign port or place, unless duly mitted for permanent residence, em- admitted pursuant to the laws and ployed on board a vessel or aircraft ar- treaties of the United States regulating riving in the United States without first the immigration of aliens: Provided, having obtained the consent of the At- That in case any such alien intends to torney General. . If it shall appear to reship on board any other vessel bound the satisfaction of the Attorney Gen- to any foreign port or place, he shall be eral that any alien crewman has been allowed to land for the purpose of so paid off or discharged in the United reshipping, under such regulations as States in violation of the provisions of the Attorney General may prescribe to this section, such owner, agent, con- prevent aliens not admissible under any signee, charterer, master, commanding law, convention, or treaty from remainofficer, or other person, shall pay to the ing permanently in the United States, collector of customs of the customs dis- and may be paid off, discharged, and trict in which the violation occurred permitted to remove his effects, anythe sum of $1,000 for each such viola- thing in such laws or treaties or in this tion. No vessel or aircraft shall be Act to the contrary notwithstanding, granted clearance pending the determi- provided due notice of such proposed nation of the question of the liability to action be given by the master or the the payment of such sums, or while such seaman himself to the principal immisums remain unpaid, except that clear- gration and naturalization officer in ance may be granted prior to the deter- charge at the port of arrival. (Act of mination of such question upon the de 1917, sec. 33.) posit of an amount sufficient to cover such sums, or of a bond approved by the collector of customs with sufficient suretý to secure the payment thereof. Such fine may, in the discretion of the Attorney General, be mitigated to not less than $500 for each violation, upon such terms as he shall think proper.

BRINGING ALIEN CREWMEN INTO UNITED SIGNING ALIEN ON SHIP'S ARTICLES WITH

STATES WITH INTENT TO EVADE IMMI- INTENT TO PERMIT LANDING IN VIOLAGRATION LAWS

TION OF LAWS; PENALTY SEC. 257. Any person, including the SEC. 31. That any person, including owner, agent, consignee, master, or the owner, agent, consignee, or master commanding officer of any vessel or air- of any vessel arriving in the United craft arriving in the United States from States from any foreign port or place, any place outside thereof, who shall who shall knowingly sign on the ship's knowingly sign on the vessel's articles, articles, or bring to the United States or bring to the United States as one as one of the crew of such vessel, any of the crew of such vessel or aircraft, alien, with intent to permit such alien any alien, with intent to permit or assist to land in the United States in violasuch alien to enter or land in the United tion of the laws and treaties of the States in violation of law, or who shall United States regulating the immigrafalsely and knowingly represent to a tion of aliens, or who shall falsely and consular officer at the time of applica- knowingly represent to the immigration tion for visa, or to the immigration authorities at the port of arrival that officer at the port of arrival in the any such alien is a bona fide member United States, that such alien is a bona of the crew, shall be liable to a penalty fide member of the crew employed in not exceeding $5,000, for which sum the any capacity regularly required for said vessel shall be liable and may be normal operation and services aboard seized and proceeded against by way such vessel or aircraft, shall be liable of libel in any district court of the to a penalty not exceeding $5,000 for United States having jurisdiction of each such violation, for which sum such the offense. (Act of 1917, sec. 31.) vessel or aircraft shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense.

J. 22126

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

LANDING OF EXCLUDED SEAMEN PROHIB

ITED; TEMPORARAY LANDING; DEPORTA-
TION WITHIN 3 YEARS

SEC. 34. That any alien seaman who shall land in a port of the United States contrary to the provisions of this Act shall be deemed to be unlawfully in the United States, and shall, at any time within three years thereafter, upon the warrant of the Attorney General, be taken into custody and brought before a board of special inquiry for examination as to his qualifications for admission to the United States, and if not admitted said alien seaman shall be deported at the expense of the appropriation for this Act as provided in section twenty of this Act. (Act of 1917, sec. 34.)

CHAPTER 7-REGISTRATION OF ALIENS

ALIENS SEEKING ENTRY INTO THE UNITED

STATES

REGISTRATION AND FINGERPRINTING BY

UNITED STATES CONSULS OF ALIENS
SEEKING ADMISSION TO THE UNITED
STATES; DISPOSITION OF VISAS

SEC. 261. No visa shall be issued to

SEC. 30. No visa shall hereafter be any alien seeking to enter the United issued to any alien seeking to enter the States until such alien has been regis- United States unless said alien has tered and fingerprinted in accordance been registered and fingerprinted in with section 221 (b), unless such alien duplicate. One copy of the registrahas been exempted from being finger- tion and fingerprint record shall be reprinted as provided in that section. tained by the consul. The second copy

shall be attached to the alien's visa and shall be taken up by the examining immigrant inspector at the port of arrival of the alien in the United States and forwarded to the Department of Justice, at Washington, District of Columbia. (Alien Registration Act, 1940, sec. 30; 8 U. S. C. 451.)

REGISTRATION OF ALIENS IN THE UNITED

STATES

REGISTRATION AND FINGERPRINTING OF
ALIENS WITHIN 30 DAYS OF ARRIVAL

SEC. 262. (a) It shall be the duty of

SEC. 31. (a) It shall be the duty of every alien now or hereafter in the every alien now or hereafter in the United States, who (1) is fourteen United States, who (1) is fourteen years of age or older, (2) has not been years of age or older, or (2) has not registered and fingerprinted under sec- been registered and fingerprinted untion 221 (b) of this Act or section 30 der section 30, and (3) remains in the or 31 of the Alien Registration Act, United States for thirty days or longer, 1940, and (3) remains in the United to apply for registration and to be States for thirty days or longer, to ap- such 30 days. (Alien Registration Act,

fingerprinted before the expiration of ply for registration and to be fingerprinted before the expiration of such 1940, sec. 31 (a); 8 U. S. C. 452.) thirty days.

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