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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(b) or (d), in every case where an alien of special inquiry. In every case where is excluded from admission into the an alien is excluded from admission into United States, under this Act or any the United States, under any law or other law or treaty now existing or treaty now existing or hereafter made, hereafter made, the decision of a spe- the decision of a board of special incial inquiry officer shall be final un- quiry adverse to the admission of such less reversed on appeal to the Attorney alien shall be final, unless reversed or General.

appeal to the Attorney General: Pro(d) If a medical officer or civil sur- vided, That the decision of a board of geon or board of medical officers has special inquiry shall be based upon the certified under section 234 that an alien certificate of the examining medical offiis afflicted with a disease specified in cer and, except as provided in section section 212 (a) (6), or with any mental twenty-one hereof, shall be final as to disease, defect, or disability which the rejection of aliens affected with would bring such alien within any of tuberculosis in any form or with a loaththe classes excluded from admission to some or dangerous contagious disease, the United States under paragraphs or with any mental or physical dis(1), (2), (3), (4), or (5) of section ability which would bring such aliens 212 (a), the decision of the special in- within any of the classes excluded from quiry officer shall be based solely upon admission to the United States under such certification. No alien shall have section three of this Act. (Act of 1917, a right to appeal from such an excluding sec. 17.) decision of a special inquiry officer. If an alien is excluded by a special inquiry officer because of the existence of a physical disease, defect, or disability, other than one specified in section 212 (a) (6), the alien may appeal from the excluding decision in accordance with subsection (b) of this section, and the provisions of section 213 may be invoked.

IMMEDIATE DEPORTATION OF ALIENS EX

CLUDED FROM ADMISSION OR ENTERING
IN VIOLATION OF LAW

IMMEDIATE DEPORTATION OF ALIENS

BROUGHT TO UNITED STATES IN VIOLA-
TION OF LAW; COST OF MAINTENANCE
AND RETURN; PENALTIES; SUSPENSION
OF DEPORTATION ; LANDING FOR MEDICAL
TREATMENT

an

SEC. 237. (a) Any alien (other than SEC. 18. That all aliens brought to

alien crewman) arriving in the this country in violation of law shall United States who is excluded under be immediately sent back, in acommothis Act, shall be immediately deported dations of the same class in which they to the country whence he came, in arrived, to the country whence they re. accommodations of the same class in spectively came, on the vessels bring. which he arrived, on the vessel or air- ing them, unless in the opinion of the craft bringing him, unless the Attorney Attorney General immediate deporta: General, in an individual case, in his tion is not practicable or proper. The discretion, concludes that immediate cost of their maintenance while on deportation is not practicable or proper. land, as well as the expense of the reThe cost of the maintenance including turn of such aliens, shall be borne by detention expenses and expenses inci- the owner or owners of the vessels on dent to detention of any such alien which they respectively came, except while he is being detained, as well as that detention expenses and expenses the transportation expense of his de- incident to detention, shall not be portation from the United States, shall assessed against the owner or owners be borne by the owner or owners of the of the vessel on which they respectively vessel or aircraft on which he arrived, came when the aliens are in possession except that the cost of maintenance of unexpired visas issued by the United (including detention expenses and ex- States consuls within sixty days of the penses incident to detention while the aliens' foreign embarkation if the sole alien is being detained prior to the time cause of exclusion is one arising under he is offered for deportation to the section 13 (a) (1) or (3) of the Immi

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414 transportation line which brought him gration Act of 1924 (43 Stat. 161-162; to the United States) shall not be 50 Stat. 165; 46 Stat. 581; 8 U. S. C. assessed against the owner or owners 213 (a)-213 (f). That it shall be unof such vessel or aircraft if (1) the lawful for any master, purser, person alien was in possession of a valid, un- in charge, agent, owner, or consignee expired immigrant visa, or (2) if the of any such vessel to refuse to receive alien (other than an alien crewman) back on board thereof, or on board of was in possession of a valid, unexpired any other vessel owned or operated by nonimmigrant visa or other document the same interests, such aliens; or to authorizing such alien to apply for tem- fail to detain them thereon; or to reporary admission to the United States fuse or fail to return them in the manor an unexpired reentry permit issued ner aforesaid to the foreign port from to him, and (A) such application was which they came; or to fail to pay the made within one hundred and twenty cost of their maintenance while on land days of the date of issuance of the visa as required by this section or section or other document, or in the case of an 15 of this Act; or to make any charge alien in possession of a reentry permit, for the return of any such alien, or to within one hundred and twenty days of take any security for the payment of the date on which the alien was last such charge or to take any consideraexamined and admitted by the Service, tion to be returned in case the alien is or (B) in the event the application was landed; or knowingly to bring to the made later than one hundred and United States any alien excluded or twenty days of the date of issuance of arrested and deported under any provithe visa or other document or such ex- sions of law until such time as such amination and admission, if the owner alien may be lawfully entitled to re or owners of such vessel or aircraft apply for admission to the United established to the satisfaction of the States, and if it shall appear to the Attorney General that the ground of satisfaction of the Attorney General exclusion could not have been ascer- that such master, purser, person in tained by the exercise of due diligence charge, agent, owner, or consignee has prior to the alien's embarkation, or (3) violated any of the foregoing provithe person claimed United States na- sions, or any of the provisions of sectionality or citizenship and was in pos- tion fifteen hereof, such master, purser, session of an unexpired United States person in charge, agent, owner, or conpassport issued to him by competent signee shall pay to the collector of cusauthority.

toms of the district in which the port of arrival is located, or in which any vessel of the line may be found, the sum of $300 for each and every violation of any provision of said sections; and no ressel shall have clearance from any port of the United States while any such fine is unpaid, nor shall such fine be remitted or refunded : (Act of 1917,

sec. 18). (b) It shall be unlawful for any master, commanding officer, purser, person in charge, agent, owner, or consignee of any vessel or aircraft (1) to refuse to receive any alien (other than an alien crewman), ordered deported under this section back on board such vessel or aircraft or another vessel or aircraft owned or operated by the same interests; (2) to fail to detain any alien (other than an alien crewman) on board any such vessel or at the airport of arrival of the aircraft when required by this Act or if so ordered by an immigration officer, or to fail or refuse to deliver him for medical or other inspection, or for further medical or other inspection, as and when so ordered by such officer; (3) to refuse

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

or fail to remove him from the United States to the country whence he came; (4) to fail to pay the cost of his maintenance while being detained as required by this section or section 233 of this title; (5) to take any fee, deposit, or consideration on a contingent basis to ke [be] kept or returned in case the alien is landed or excluded; or (6) knowingly to bring to the United States any alien (other than an alien crewman) excluded or arrested and deported under any provision of law until such alien may be lawfully entitled to reapply for admission to the United States. If it shall appear to the satisfaction of the Attorney General that any such master, commanding officer, purser, person in charge, agent, owner, or consignee of any vessel or aircraft has violated any of the provisions of this section or of section 233 of this title, such master, commanding officer, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs of the district in which port of arrival is situated or in which any vessel or aircraft of the line may be found, the sum of $300 for each violation. No such vessel or aircraft shall have clearance from any port of the United States while any such fine is unpaid or while the ques. Provided, That clearance may be tion of liability to pay any such fine is granted prior to the determination of being determined, nor shall any such such question upon the deposit with the fine be remitted or refunded, except that collector of customs of a sum sufficient clearance may be granted prior to the to cover such fine. If the vessel by determination of such question upon the which any alien ordered deported came deposit with the collector of customs of has left the United States and it is ima bond or undertaking approved by the practicable for any reason to deport the Attorney General or a sum sufficient to alien within a reasonable time by ancover such fine.

other vessel owned by the same in(c) If the vessel or aircraft, by which terests, the cost of deportation may be any alien who has been ordered de- paid by the Government and recovered ported under this section arrived, has by civil suit from any agent, owner, or left the United States and it is imprac- consignee of the vessel : (Act of 1917, ticable to deport the alien within a sec. 18). reasonable time by another vessel or aircraft owned by the same person, the cost of deportation may be paid from the appropriation for the enforcement of this Act and recovered by civil suit from any owner, agent, or consignee of the vessel or aircraft.

(d) The Attorney General, under Provided further, That the Commissuch conditions as are by regulations sioner of Immigration and Naturalizaprescribed, may stay the deportation of tion, with the approval of the Attorney any alien deportable under this section, General, may suspend upon conditions if in his judgment the testimony of such to be prescribed by the Commissioner alien is necessary on behalf of the of Immigration and Naturalization, the United States in the prosecution of deportation of any aliens found to have offenders against any provision of this come in violation of any provision of Act or other laws of the United this Act if, in his judgment, the testiStates. The cost of maintenance of any mony of such alien is necessary on beperson so detained resulting from a half of the United States Government

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414 stay of deportation under this subsec- in the prosecution of offenders against tion and a witness fee in the sum of $1 any provision of this Act or other laws per day for each day such person is so of the United States; and the cost of detained may be paid from the appro- maintenance of any person so detained priation for the enforcement of this resulting from such suspension of detitle. Such alien may be released under portation, and a witness fee in the sum bond in the penalty of not less than $500 of $1 per day for each day such perwith security approved by the Attorney son is so detained, may be paid from General on condition that such alien the appropriation for the enforcement shall be produced when required as a of this Act, or such alien may be rewitness and for deportation, and leased under bond, in the penalty of not on such other conditions as the At- less than $500, with security approved torney General may prescribe.

by the Attorney General, conditioned (e) Upon the certificate of an exam- that such alien shall be produced when ining medical officer to the effect that required as a witness and for deportaan alien ordered to be excluded and tion. No alien certified as provided in deported under this section is helpless section sixteen of this Act, to be suffrom sickness or mental or physical dis- fering from tuberculosis in any form, ability, or infancy, if such alien is ac- or from a loathsome or dangerous concompanied by another alien whose pro- tagious disease other than one of quartection or guardianship is required by antinable nature, shall be permitted to the alien ordered excluded and de- land for medical treatment thereof in ported,, such accompanying alien may any hospital in the United States, unless also be excluded and deported, and the Attorney General is satisfied that the master, commanding officer, agent, to refuse treatment would be inhuowner, or consignee of the vessel or air- mane or cause unusual hardship or craft in which such alien and accompa- suffering, in which case the alien shall nying alien arrived in the United be treated in the hospital under the suStates shall be required to return the pervision of the immigration officials at accompanying alien in the same man- the expense of the vessel transporting ner as other aliens denied admission him: Provided further, That upon the and ordered deported under this sec- certificate of an examining medical offition.

cer to the effect that the health or safety of an insane alien would be unduly imperiled by immediate deportation, such alien may, at the expense of the appropriation for the enforcement of this Act, be held for treatment until such time as such alien may, in the opinion of such medical officer, be safely deported : Provided further, That upon the certificate of an examining medical officer to the effect that a rejected alien is helpless from sickness, mental or physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be excluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens. (Act of 1917, sec. 18.)

are OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

ENTRY THROUGH OR FROM FOREIGN CON

TIGUOUS TERRITORY AND ADJACENT
ISLANDS ; LANDING STATIONS

ENTRY FROM FOREIGN CONTIGUOUS TERRI

TORY (CONTRACTS WITH TRANSPORTA-
TION LINES ; RULES AND REGULATIONS;
ENTRY FROM CONTIGUOUS TERRITORY)

SEC. 238. (a) The Attorney General Sec. 17. The Commissioner of Immishall have power to enter into contracts gration and Naturalization, with the with transportation lines for the entry approval of the Attorney General, shall and inspection of aliens coming to the have power to enter into contracts with United States through foreign contigu- transportation lines for the entry and ous territory or through adjacent is- inspection of aliens coming to the lands. In prescribing rules and regula- United States from or through foreign tions and making contracts for the entry contiguous territory. In prescribing and inspection of aliens applying for rules and regulations and making conadmission through foreign contiguous tracts for the entry and inspection of territory or through adjacent islands, aliens applying for admission from or due care shall be exercised to avoid any through foreign contiguous territory discriminatory action in favor of trans- due care shall be exercised to avoid any portation companies transporting to discriminatory action in favor of transsuch territory or islands aliens destined portation companies transporting to to the United States, and all such trans- such territory aliens destined to the portation companies shall be required, United States, and all such transportaas a condition precedent to the inspec- tion companies shall be required, as a tion or examination under such rules condition precedent to the inspection or and contracts at the ports of such con

examination under such rules and contiguous territory or such adjacent is- tracts at the ports of such contiguous lands of aliens brought thereto by them, territory of aliens brought thereto by to enter into a contract which will re- them, to submit to and comply with all quire them to submit to and comply the requirements of this Act which with all the requirements of this Act would apply were they bringing such which would apply were they bringing aliens directly to ports of the United such aliens directly to ports of the States. After this section takes effect United States.

no alien applying for admission from or through foreign contiguous territory (except an alien previously lawfully admitted to the United States who is returning from a temporary visit to such territory) shall be permitted to enter the United States unless upon proving that he was brought to such territory by a transportation company which had submitted to and complied with all the requirements of this Act, or that he entered, or has resided in, such territory more than two years prior to the time of his application for admission to the

United States. (Act of 1924, sec. 17.) (b) The Attorney General shall have He [the Commissioner] shall prepower to enter into contracts with scribe rules for the entry and inspection transportation lines for the entry and of aliens coming to the United States inspection of aliens coming to the United from or through Canada and Mexico, so States from foreign contiguous terri. as not unnecessarily to delay, impede, tory or from adjacent islands. No such or annoy persons in ordinary travel betransportation line shall be allowed to tween the United States and said counland any such alien in the United States tries, and shall have power to enter into until and unless it has entered into any contracts with transportation lines for such contracts which may be required the said purpose. (Act of 1917, sec. 23.) by the Attorney General.

Provided further, That in prescribing rules and making contracts for the entry and inspection of aliens applying for admission from or through foreign contiguous territory, due care shall be exercised to avoid any discriminatory action in favor of foreign transporta

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