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SHE IMMIGRATION AND NATIONALITY ACT,
PUBLIC LAW 414
GROUPING OF ALIEN PASSENGERS IN LISTS ;
VERIFICATION OF LISTS ; IDENTIFICATION
(C) The Attorney General may SEC. 13. That all aliens arriving by authorize immigration officers to record water at the ports of the United States the following information regarding shall be listed in convenient groups, the every resident person leaving the United names of those coming from the same States by way of the Canadian or Mexi- locality to be assembled so far as praccan borders for permanent residence in ticable, and no one list or manifest shall a foreign country: Names, age, and sex; contain more than thirty names. Το whether married or single; calling or each alien or head of a family shall be occupation; whether able to read or given a ticket on which shall be written write; nationality; country of birth; his name, a number or letter designatcountry of which citizen or subject; ing the list in which his name, and the race; last permanent residence in the other items of information required by United States; intended future perma- this Act, are contained, and his number nent residence; and time and port of on said list, for convenience of identifilast arrival in the United States; and if cation on arrival. Each list or mania United States citizen or national, the fest shall be verified by the signature facts on which claim to that status is and the oath or affirmation of the based.
master or commanding officer, or the first or second below him in command, taken before an immigration officer at the port of arrival to the effect that he has caused the surgeon of said vessel sailing therewith to make physical and mental examination of each of said aliens, and that from the report of said surgeon and from his own investigation he believes that no one of said aliens is of any of the classes excluded from admission into the United States by section three of this Act, and that also according to the best of his knowledge and belief the information in said lists or manifests concerning each of said aliens named therein is correct and true in every respect. That the surgeon of said vessel sailing therewith shall also sign each of said lists or manifests and make oath or affirmation in like manner before an immigration officer at the port of arrival, stating his professional experience and qualifications as a physician and surgeon, and that he has made a personal examination of each of the said aliens named therein, and that the said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens, the mental and physical examinations and the verifications of the lists or manifests shall be made by some competent surgeon employed by the owners of the said vessels, and the manifests shall be verified by such surgeon before a United States consular officer or other officer authorized to ad. minister oaths: Provided, That if any
THE IMMIGRATION AND NATIONALITY ACT,
PUBLIC LAW 414
changes in the condition of such aliens occur or develop during the voyage of the vessel on which they are traveling, such changes shall be noted on the manifest before the verification thereof. (Act of 1917, sec. 13.)
REFUSAL OR FAILURE TO FURNISH LIST OF
ALIEN PASSENGERS ; PENALTY (d) If it shall appear to the satis- Sec. 14. That it shall be unlawful for faction of the Attorney General that the master or commanding officer of the master or commanding officer, own- any vessel bringing aliens into or carer, or consignee of any vessel or air- rying aliens out of the United States to craft, or the agent of any transporta- refuse or fail to deliver to the immigration line, as the case may be, has re- tion officials the accurate and full manifused or failed to deliver any list or fests or statements or information remanifest required by subsections (a) garding all aliens on board or taken on or (b), or that the list or manifest board such vessel required by this Act, delivered is not accurate and full, such and if it shall appear to the satisfaction master or commanding officer, owner, or of the Attorney General that there has consignee, or agent, as the case may be, been such a refusal or failure, or that shall pay to the collector of customs at the lists delivered are not accurate and the port of arrival or departure the full, such master or commanding officer sum of $10 for each person concerning shall pay to the collector of customs whom such accurate and full list or at the port of arrival or departure the manifest is not furnished, or concerning sum of $10. for each alien concerning whom the manifest or list is not pre- whom such accurate and full manifest pared and sworn to as prescribed by this or statement or information is not fursection or by regulations issued pur- nished, or concerning whom the manisuant thereto. No vessel or aircraft fest or statement or information is not shall be granted clearance pending de prepared and sworn to as prescribed by termination of the question of the lia- this Act. No vessel shall be granted bility to the payment of such penalty, or clearance pending the determination of while it remains unpaid, and no such the question of the liability to the paypenalty shall be remitted or refunded, ment of such fine, or while it remains except that clearance may be granted unpaid nor shall such fine be remitted prior to the determination of such ques- or refunded : Provided, That clearance tion upon the deposit with the collector may be granted prior to the determinaof customs of a bond or undertaking tion of such question upon the deposit approved by the Attorney General or a with the collector of customs of a sum sum sufficient to cover such penalty. sufficient to cover such fine. (Act of
(e) The Attorney General is author- 1917, sec. 14.) ized to prescribe the circumstances and conditions under which the list or mani. fest requirements of subsections (a) and (b) may be waived.
OF ALIENS FOR OBSERVATION DETENTION OF ALIENS FOR OBSERVATION
AND EXAMINATION; REGULATIONS; IN-
SEC. 232. For the purpose of deter- SEC. 11. That for the purpose of determining whether aliens (including alien mining whether aliens arriving at ports crewmen) arriving at ports of the of the United States belong to any of the l'nited States belong to any of the class- classes excluded by this Act, either by es excluded by this Act, by reason of be- reason of being afllicted with any of the ing afflicted with any of the diseases or diseases or mental or physical defects or mental or physical defects or disabilities disabilities mentioned in section three set forth in section 212 (a), or whenever hereof, or otherwise, or whenever the the Attorney General has received in- Attorney General has received informaformation showing that any aliens are tion showing that any aliens are coming coming from a country or have em- from a country or have embarked at a barked at a place where any of such place where any of said diseases are pre
THE IMMIGRATION AND NATIONALITY ACT,
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diseases are prevalent or epidemic, such valent or epidemic, the Commissioner of aliens shall be detained on board the Immigration and Naturalization, with vessel or at the airport of arrival of the the approval of the Attorney General, aircraft bringing them, unless the At- may direct that such aliens shall be torney General directs their detention detained on board the vessel bringing in a United States immigration station them, or in a United States immigration or other place specified by him at the station at the expense of such vessel, as expense of such vessel or aircraft except circumstances may require or justify a as otherwise provided in this Act, as cir- sufficient time to enable the immigracumstances may require or justify, for a tion officers and medical officers stasufficient time to enable the immigration tioned at such ports to subject such officers and medical officers to subject aliens to an observation and examinasuch aliens to observation and an ex- tion sufficient to determine whether or amination sufficient to determine not they belong to the said excluded whether or not they belong to the classes by reason of being afflicted in excluded classes.
the manner indicated : Provided, That with a view to avoid undue delay in landing passengers or interference with commerce, the Commissioner of Immigration and Naturalization may, with the approval of the Attorney General, issue such regulations, not inconsistent with law, as may be deemed necessary to effect the purposes of this section: Provided further, That it shall be the duty of immigrant inspectors to report to the Commissioner of Immigration and Naturalization the condition of all vessels bringing aliens to United States ports. (Act of 1917, sec. 11.)
DETAIL OF INSPECTORS AND MATRONS OF
VESSELS CARRYING IMMIGRANT OR EMI-
Sec. 11a. That the Attorney General is hereby authorized and directed to enter into negotiations, through the Department of State, with countries vessels of which bring aliens to the United States, with a view to detailing inspectors and matrons of the United States Immigration and Naturalization Service for duty on vessels carrying immigrant or emigrant passengers between foreign ports and ports of the United States. When such inspectors and matrons are detailed for said duty they shall remain in that part of the vessel where immi. grant passengers are carried; and it shall be their duty to observe such passengers during the voyage and report to the immigration authorities in charge at the port of landing any information of value in determining the admissibility of such passengers that may have be. come known to them during the voyage. (Act of 1917, sec. 11a.)
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PUBLIC LAW 414
TEMPORARY REMOVAL FOR EXAMINATION INSPECTION OF ALIEN PASSENGERS ON AR-
RIVAL; TEMPORARY REMOVAL FOR EXAMI.
FUSAL OR FAILURE Sec. 233. (a) Upon the arrival at a Sec. 15. That upon the arrival at a port of the United States of any vessel port of the United States of any vessel or aircraft bringing aliens (including bringing aliens it shall be the duty of alien crewmen) the immigration officers the proper immigration officials to go or may order a temporary removal of such to send competent assistants to the vesaliens for examination and inspection at sel and there inspect all such aliens or a designated time and place, but such said immigration officials may order a temporary removal shall not be con- temporary removal of such aliens for sidered a landing, nor shall it relieve examination at a designated time and vessels or aircraft, the transportation place, but such temporary removal shall lines, or the masters, commanding offi- not be considered a landing, nor shall it cers, agents, owners, or consignees of relieve vessels, the transportation lines, the vessel or aircraft upon which such masters, agents, owners, or consignees aliens are brought to any port of the of the vessel upon which said aliens United States from any of the obliga- are brought to any port of the United tions which, in case such aliens remain States from any of the obligations on board, would, under the provisions which, in case such aliens remain on of this Act bind such vessels or aircraft, board, would under the provisions of transportation lines, masters, command- this Act bind the said vessels, transporing officers, agents, owners, or consign- tation lines, masters, agents, owners, or
A temporary removal of aliens consignees : Provided, That where refrom such vessels or aircraft ordered moval is made to premises owned or pursuant to this subsection shall be controlled by the United States, said made by an immigration officer at the vessels, transportation lines, masters, expense of the vessels or aircraft or agents, owners, or consignees, and each transportation lines, or the masters, of them, shall, so long as detention there commanding officers, agents, owners, or last, be relieved of responsibility for the consignees of such vessels, aircraft or safekeeping of such aliens. Whenever transportation lines, as provided in sub- a temporary removal of aliens is made section (b) and such vessels, aircraft, the vessels or transportation lines which transportation lines, masters, command- brought them and the masters, owners, ing officers, agents, owners, or consign- agents, and consignees of the vessel ees, shall, so long as such removal lasts, upon which they arrive shall pay all be relieved of responsibility for the expenses of such removal and all exsafekeeping of such aliens: Provided, penses arising during the subsequent That such vessels, aircraft, transporta- detention, pending decision the tion lines, masters, commanding officers, alien's eligibility to enter the United agents, owners, or consignees may with States and until they are either allowed the approval of the Attorney General to land or returned to the care of the assume responsibility for the safekeep- line or to the vessel which brought them, ing of such aliens during their removal such expenses to include those of mainto a designated place for examination tenance, medical treatment in hospital and inspection, in which event, such re- or elsewhere, burial in the event of moral need not be made by an immi- death, and transfer to the vessel in the gration officer.
event of deportation, excepting only (b) Whenever a temporary removal where they arise under the terms of of aliens is made under this section, the any of the provisos of section eighteen vessels or aircraft or transportation hereof: Provided further, That in cases lines which brought them, and the mas- of aliens who arrive in possession of ters, commanding officers, owners, unexpired visas issued by United States agents, and consignees of the vessel, air- consuls within sixty days of the aliens' craft, or transportation line upon which foreign embarkation, detention expenses they arrived shall pay all expenses of and expenses incident to detention shall such removal to a designated place for not be assessed against the vessel if the examination and inspection or other sole cause of exclusion is one arising place of detention and all expenses aris- under Section 13 (a) (1) or (3) of the ing during subsequent detention, pend- Immigration Act of 1924 (43 Stat. 161ing a decision on the aliens' eligibility 162; 50 Stat. 165 ; 46 Stat. 581; 8 U.S. C. to enter the United States and until they 213 (a)-213 (f)). Any refusal
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are either allowed to land or returned to failure to comply with the provisions the care of the transportation line or to hereof shall be punished in the manner the vessel or aircraft which brought specified in section eighteen of this Act. them. Such expenses shall include (Act of 1917, sec. 15.) maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel, aircraft, or transportation line in the event of deportation, except where such expenses arise under section 237 (d), or in such cases as the Attorney General may prescribe in the case of aliens paroled into the United States temporarily under the provisions of section 212 (d) (5).
(c) Any detention expenses and expenses incident to detention incurred (but not including expenses of removal to the place of detention) pursuant to sections 232 and 233 shall not be assessed under this Act against the vessel or aircraft or transportation line
the master, commanding officer, owner, agent, or consignee of the vessel, aircraft, or transportation line in the case of (1) any alien who arrived in possession of a valid unexpired immigrant visa, or (2) any alien who was finally admitted to the United States pursuant to this Act after such detention, or (3) any alien other than an alien crewman, who arrived in possession of a valid unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (A) application for admission was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (B) in the event application for admission was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if the vessel, aircraft, or transportation line or the master, commanding officerowner, agent, or consignee of the vessel, aircraft, or transportation line establishes to the satisfaction of the Attorney General that the ground of exclusion could not have been ascertained by the exercise of due diligence prior to the alien's embarkation, or (4) any person claiming United States nationality or citi. zenship and in possession of an unexpired United States passport issued to him by competent authority, or (5) any person claiming United States