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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

nationality or citizenship and in possession of a certificate of identity issued pursuant to section 360 (b) of this Act, or any other document of identity issued or verified by a consular officer which shows on its face that it is currently valid for travel to the United States and who was allowed to land in the United States after such detention.

(d) Any refusal or failure to comply with the provisions of this section shall be punished in the manner specified in section 237 (b) of this Act.

PHYSICAL AND MENTAL EXAMINATION PHYSICAL AND MENTAL EXAMINATION OF

ALIEN PASSENGERS; REGULATIONS; AUSEC. 234. The physical and mental ex

THORIZATION OF INSPECTORS TO ADMINamination of arriving aliens (includ

ISTER OATHS; APPEAL TO MEDICAL ing alien crewmen) shall be made by

BOARDS AND PERSONNEL THEREOF; SUBmedical officers of the United States

PENA OF WITNESSES AND DOCUMENTS; Public Health Service, who shall con

PENALTY
duct all medical examinations and shall
certify, for the information of the im- SEC. 16. That the physical and men-
migration officers and the special in- tal examination of all arriving aliens
quiry officers, any physical and mental shall be made by medical officers of the
defect or disease observed by such United States Public Health Service
medical officers in any such alien. If who shall conduct all medical examina-
medical officers of the United States tions and shall certify, for the informa-
Public Health Service are not avail- tion of the immigration officers and the
able, civil surgeons of not less than boards of special inquiry hereinafter
four years' professional experience may provided for, any and all physical and
be employed for such service upon such mental defects or diseases observed by
terms as may be prescribed by the di- said medical officers in any such alien;
torney General. Aliens (including or, should medical officers of the United
alien crewmen) arriving at ports of States Public Health Service be not
the United States shall be examined by available, civil surgeons of not less
at least one such medical officer or civil than four years' professional experi-
surgeon under such administrative ence may be employed in such emer-
regulations as the Attorney General gency for such service upon such terms
may prescribe, and under medical reg- as may be prescribed by the Commis-
ulations prepared by the Surgeon Gen- sioner of Immigration and Naturaliza-
eral of the United States Public Health tion, under the direction or with the ap-
Service. Medical officers of the United proval of the Attorney General. All
States Public Health Service who have aliens arriving at ports of the United
had special training in the diagnosis of States shall be examined by not less
insanity and mental defects shall be than two such medical officers at the dis-
detailed for duty or employed at such cretion of the Attorney General, and
ports of entry as the Attorney General under such administrative regulations
may designate, and such medical offi- as he may prescribe and under medical
cers shall be provided with suitable regulations prepared by the Surgeon
facilities for the detention and exam- General of the United States Public .
ination of all arriving aliens who it is Health Service. Medical officers of the
suspected may be excludable under United States Public Health Service who
paragraphs (1), (2), (3), (4), or (5) have had especial training in the diagno-
of section 212 (a), and the services of sis of insanity and mental defects shall
interpreters shall be provided for such be detailed for duty or employed at all
examination. Any alien certified un- ports of entry designated by the Attor-

ney General, and such medical officers
shall be provided with suitable facili-
ties for the detention and examination
of all arriving aliens in whom insanity
or mental defect is suspected, and the

services of interpreters shall be pro-
J. 22126-46

SIAMO DUGNARIES

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

der paragraphs (1), (2), (3), (4), or vided for such examination. Any alien (5) of section 212 (a) may appeal to a certified for insanity or mental defect board of medical officers of the United may appeal to the board of medical States Public Health Service which officers of the United States Public shall be convened by the Surgeon Gen- Health Service, which shall be coneral of the United States Public Health vened by the Surgeon General of the Service, and any such alien may intro- United States Public Health Service, duce before such board one expert med- and said alien may introduce before ical witness at his own cost and ex. such board one expert medical witness pense.

at his own cost and expense. (Act of 1917, sec. 16.)

INSPECTION BY IMMIGRATION OFFICERS

SEC. 235. (a) The inspection, other That the inspection, other than the than the physical and mental examina- physical and mental examination, of tion, of aliens (including alien crew- aliens, including those seeking admismen) seeking admission or readmission sion or readmission to or the privilege to, or the privilege of passing through of passing through or residing in the the United States, shall be conducted by United States, and the examination of immigration officers, except as otherwise aliens arrested within the United States provided in regard to special inquiry under this Act, shall be conducted by officers. All aliens arriving at ports of immigrant inspectors, except as herethe United States shall be examined by inafter provided in regard to boards of one or more immigration officers at the special inquiry. All aliens arriving at discretion of the Attorney General and ports of the United States shall be exunder such regulations as he may pre- amined by at least two immigrant inscribe. Immigration officers are here- spectors at the discretion of the Attorby authorized and empowered to board ney General and under such regulations and search any vessel, aircraft, railway as he may prescribe. Immigrant incar, or other conveyance, or vehicle in spectors are hereby authorized and emwhich they believe aliens are being powered to board and search for aliens brought into the United States. The any vessel, railway car, or any other Attorney General and any immigration conveyance, or vehicle in which they officer, including special inquiry offi- believe aliens are being brought into cers, shall have power to administer the United States. Said inspectors oaths and to take and consider evidence shall have power to administer oaths of or from any person touching the and to take and consider evidence privilege of any alien or person he be- touching the right of any alien to enter, lieves or suspects to be an alien to enter, reenter, pass through, or reside in the reenter, pass through, or reside in the United States, and, where such action United States or concerning any matter may be necessary, to make a written which is material and relevant to the record of such evidence; and any perenforcement of this Act and the admin- son to whom such an oath has been istration of the Service, and, where administered, under the provisions of such action may be necessary, to make a this Act, who shall knowingly or willwritten record of such evidence. Any fully give false evidence or swear to person coming into the United States any false statement in any way affectmay be required to state under oath ing or in relation to the right of any the purpose or purposes for which he alien to admission, or readmission to, comes, the length of time he intends to or to pass through, or to reside in the remain in the United States, whether United States shall be deemed guilty of or not he intends to remain in the perjury and be punished as provided by United States permanently and, if an section one hundred and twenty-five of alien, whether he intends to become a the Act approved March fourth, ninecitizen thereof, and such other items teen hundred and nine, entitled “An of information as will aid the immigra- Act to codify, revise, and amend the tion officer in determining whether he penal laws of the United States.” All is a national of the United States or an aliens coming to the United States shall alien and, if the latter, whether he be required to state under oath the belongs to any of the excluded classes purposes for which they come, the enumerated in section 212. The At- length of time they intend to remain torney General and any immigration in the United States, whether or not officer, including special inquiry officers, they intend to abide in the United shall have power to require by subpena States permanently and become citizens

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

the attendance and testimony of wit- thereof, and such other items of infornesses before immigration officers and mation regarding themselves as will aid special inquiry officers and the produc- the immigration officials in determining tion of books, papers, and documents whether they belong to any of the exrelating to the privilege of any person cluded classes enumerated in section to enter, reenter, reside in, or pass three hereof. Any district director of through the United States or concern- immigration and naturalization desiging any matter which is material and nated by the Commissioner or any inrelevant to the enforcement of this Act spector in charge shall also have power and the administration of the Service, to require by subpena the attendance and to that end may invoke the aid of and testimony of witnesses before said any court of the United States. Any inspectors and the production of books, United States district court within the papers, and documents touching the jurisdiction of which investigations or right of any alien to enter, reenter, reinquiries are being conducted by an side in, or pass through the United immigration officer or special inquiry States and to that end may invoke the officer may, in the event of neglect or aid of any court of the United States ; refusal to respond to a subpena issued and any district court within the jurisunder this subsection or refusal to testi- diction of which investigations are befy before an immigration officer or spe- ing conducted by an immigrant inspeccial inquiry officer, issue an order re- tor may, in the event of neglect or requiring such persons to appear before fusal to respond to a subpena issued an immigration officer or special inquiry by any such district director, or inspecofficer, produce books, papers, and docu- tor in charge or refusal to testify bements if demanded, and testify, and fore said immigrant inspector, issue an any failure to obey such order of the order requiring such person to appear court may be punished by the court as before said immigrant inspector, proa contempt thereof.

duce books, papers, and documents if demanded, and testify; and any failure to obey such order of the court may be punished by the court as a contempt thereof. That any person, including employees, officials, or agents of transportation companies, who shall assault, resist, prevent, impede, or interfere with any immigration and naturalization official or employee in the performance of his duty under this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment for a term of not more than one year, or by a fine of not more than $2,000, or both; and any person who shall use any deadly or dangerous weapon in resisting any immigration and naturalization official or employee in the performance of his duty shall be deemed guilty of a felony and shall, on conviction thereof, be punished by imprisonment for not more than ten years. Every alien who may not appear to the examining immigrant inspector at the port of arrival to be clearly and beyond a doubt entitled to land shall be detained for examination in relation thereto by a board of special inquiry. In the event of rejection by the board of special inquiry, in all cases where an appeal to the Attorney General is permitted by this Act, the alien shall be so informed and shall have the right to be represented by counsel or other adviser on such appeal. The decision of an immigrant inspector, if favorable to the admission of any alien,

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

shall be subject to challenge by any other immigrant inspector, and such challenge shall operate to take the alien whose right to land is so challenged before a board of special inquiry for its investigation. (Act of 1917, sec. 16.)

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(b) Every alien (other than an alien crewman), and except as otherwise provided in subsection (c) of this section and in section 273 (d), who may not appear to the examining immigration officer at the port of arrival to be clearly and beyond a doubt entitled to land shall be detained for further inquiry to be conducted by a special inquiry officer. The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to land is so challenged, before a special inquiry officer for further inquiry.

(c) Any alien (including an alien Sec. 5. Notwithstanding the provisions crewman) who may appear to the ex- of sections 16 and 17 of the Immigration amining immigration officer or to the Act of February 5, 1917, as amended (39 special inquiry officer during the exami- Stat. 885–887; 8 U. S. C. 152, 153), which nation before either of such officers to relate to boards of special inquiry and be excludable under paragraph (27), to appeal from the decisions of such (28), or (29) of section 212 (a) shall be boards, any alien who may appear to temporarily excluded, and no further in the examining immigration officer at the quiry by a special inquiry officer shall port of arrival to be excludable under be conducted until after the case is re- section 1 shall be temporarily excluded, ported to the Attorney General together and no further inquiry by a board of with any such written statement and special inquiry shall be conducted until accompanying information, if any, as after the case is reported to the Attorthe alien or his representative may de- ney General and such an inquiry is disire to submit in connection therewith rected by the Attorney General. If the and such an inquiry or further inquiry Attorney General is satisfied that the is directed by the Attorney General. If alien is excludable under section 1 on the Attorney General is satisfied that the basis of information of a confidential the alien is excludable under any of such nature, the disclosure of which would be paragraphs on the basis of information prejudicial to the public interest, safety, of a confidential nature, the disclosure or security, he may deny any further inof which the Attorney General, in the quiry by a board of special inquiry and exercise of his discretion, and after con- order such alien to be excluded and desultation with the appropriate security ported. (Act of Oct. 16, 1918, as amendagencies of the Government, concludes ed by sec. 22 of the Subversive Activities would be prejudicial to the public in- Control Act of 1950). terest, safety, or security, he may in his descretion order such alien to be excluded and deported without any inquiry or further inquiry by a special inquiry officer. Nothing in this subsection shall be regarded as requiring an inquiry before a special inquiry officer in the case of an alien crewman.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

EXCLUSIONS OF ALIENS

BOARDS OF SPECIAL INQUIRY; APPOINT

MENT; AUTHORITY; HEARINGS; REC

ORDS ; APPEALS SEC. 236. (a) A special inquiry officer SEC. 17. That boards of special inshall conduct proceedings under this quiry shall be appointed by the Comsection, administer oaths, present and missioner of Immigration and Naturalreceive evidence, and interrogate, ex- ization or inspector in charge at the amine, and cross-examine the alien or various ports of arrival as may be necwitnesses. He shall have authority in essary for the prompt determination of any case to determine whether an ar- all cases of immigrants detained at riving alien who has been detained for such ports under the provisions of the further inquiry under section 235 shall law. Each board shall consist of three be allowed to enter or shall be excluded members, who shall be selected from and deported. The determination of such of the immigration and naturalizasuch special inquiry officer shall be tion officials in the Service as the Com. based only on the evidence produced at missioner of Immigration and Naturalthe inquiry. No special inquiry officer ization, with the approval of the Attorshall conduct a proceeding in any case ney General, shall from time to time under this section in which he shall designate as qualified to serve on such have participated in investigative func- boards. When in the opinion of the tions or in which he shall have partici- Attorney General the maintenance of a pated (except as provided in this sub- permanent board of special inquiry for section) in prosecuting functions. Pro- service at any sea or land border port ceedings before a special inquiry officer is not warranted, regularly constituted under this section shall be conducted boards may be detailed from other stain accordance with this section, the tions for temporary service at such port, applicable provisions of sections 235 or, if that be impracticable, the Attorand 287 (b), and such regulations as ney General shall authorize the creathe Attorney General shall prescribe, tion of boards of special inquiry hy the and shall be the sole and exclusive pro- immigration and naturalization officials cedure for determining admissibility of in charge at such ports, and shall detera person to the United States under the mine what Government officials or other provisions of this section. At such in- persons shall be eligible for service on quiry, which shall be kept separate and such boards. Such boards shall have apart from the public, the alien may authority to determine whether an alien have one friend or relative present, who has been duly held shall be alunder such conditions as may be pre- lowed to land or shall be deported. All scribed by the Attorney General. A hearings before such boards shall be complete record of the proceedings and separate and apart from the public, but of all testimony and evidence produced the immigrant may have one friend or at such inquiry, shall be kept.

relative present under such regulations (b) From a decision of a special in- as may be prescribed by the Attorney quiry officer excluding an alien, such General. alien may take a timely appeal to the Such board shall keep a complete Attorney General, and any such alien permanent record of their proceedings shall be advised of his right to take and of all such testimony as may be such appeal. No appeal may be taken produced before them; and the decisions from a temporary exclusion under sec- of any two members of the board shall tion 235 (c). From a decision of the prevail, but either the alien or any disspecial inquiry officer to admit an alien, senting members of the said board may the immigration officer in charge at the appeal through the district director of port where the inquiry is held may take immigration and naturalization at the a timely appeal to the Attorney Gen- port of arrival and the Commissioner eral. An appeal by the alien, or such of Immigration and Naturalization to officer in charge, shall operate to stay the Attorney General, and the taking of any final action with respect to any such appeal shall operate to stay any alien whose case is so appealed until action in regard to the final disposal the final decision of the Attorney Gen- of any alien whose case is so appealed eral is made. Except as provided in until the receipt by the district director section 235 (c), such decision shall be of immigration and naturalization at rendered solely upon the evidence ad- the port of arrival of such decision duced before the special inquiry officer, which shall be rendered solely upon

(c) Except as provided in subsections the evidence adduced before the board

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