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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

tion companies transporting to such territory aliens destined to the United States, and all such transportation companies shall be required, as a condition precedent to the inspection or examination under such rules and contracts at the ports of such contiguous territory of aliens brought thereto by them, to submit to and comply with all the requirements of this Act which would apply were they bringing such aliens directly to seaports of the United States, and, from and after the taking effect of this Act, no alien applying for admission from foreign contiguous 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 date of his application for admission to the

United States. (Act of 1917, sec. 23.) (c) Every transportation line en- Provided, That no person, company, or gaged in carrying alien passengers for transportation line engaged in carrying hire to the United States from foreign alien passengers for hire from Canada contiguous territory or from adjacent or Mexico to the United States, islands shall provide and maintain at its whether by land or water, shall be expense suitable landing stations, ap- allowed to land any such passengers in proved by the Attorney General, conven- the United States without providing iently located at the point or points of suitable and approved landing stations, entry. No such transportation line shall conveniently located, at the point or be allowed to land any alien passengers points of entry. The Commissioner of in the United States until such landing Immigration and Naturalization is stations are provided, and unless such hereby authorized and empowered to stations are thereafter maintained to prescribe the conditions, not inconsistthe satisfaction of the Attorney Gen- ent with law, under which the aboveeral.

mentioned landing stations shall be (d) The Attorney General shall have deemed suitable within the meaning of power to enter into contracts including this section. Any person, company, or bonding agreements with transportation transportation line landing an alien lines to guarantee the passage through passenger in the United States without the United States in immediate and con- compliance with the requirement herein tinuous transit of aliens destined to for- set forth shall be deemed to have vioeign countries. Notwithstanding any lated section eight of this Act, and upon other provision of this Act, such aliens conviction shall be subject to the penmay not have their classification alty therein prescribed (8 U. S. C. 160): changed under section 248.

(Act of 1917, sec. 23). (e) As used in this section the terms “transportation line” and “transportation company” include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any ves. sel or aircraft bringing aliens to the United States, to foreign contiguous territory, or to adjacent islands.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

DESIGNATION OF PORTS OF ENTRY FOR

ALIENS ARRIVING BY CIVIL AIRCRAFT

SEC. 239. The Attorney General is (d) The Attorney General is auauthorized (1) by regulation to desig- thorized to (1) designate any of the nate as ports of entry for aliens arriv- ports of entry for civil aircraft as ports ing by aircraft any of the ports of entry of entry for aliens arriving by aircraft, for civil aircraft designated as such in (2) detail to such ports of entry such accordance with law; (2) by regulation officers and employees of the Immigrato provide such reasonable require- tion and Naturalization Service as he ments for aircraft in civil air naviga- may deem necessary, and to confer or tion with respect to giving notice of impose upon any employee of the intention to land in advance of landing, United States stationed at such port of or notice of landing, as shall be deemed entry (with the consent of the head of necessary for purposes of administra- the Government department or other tion and enforcement of this Act; and independent establishment under whose (3) by regulation to provide for the jurisdiction the officer or employee is application to civil air navigation of the serving) any of the powers, privileges, provisions of this Act where not ex

or duties conferred or imposed upon offipressly so provided in this Act to such cers or employees of the Immigration extent and upon such conditions as he and Naturalization Service, and (3) by deems necessary. Any person who vio- regulation to provide for the applicalates any regulation made under this tion to civil air navigation of the laws section shall be subject to a civil pen- and regulations relating to the adminisalty of $500 which may be remitted or

tration of the immigration laws to such mitigated by the Attorney General in extent and upon such conditions as he accordance with such proceedings as

(Air Commerce Act the Attorney General shall by regula- of 1926, sec. 7 (d); 49 U. S. C. 177 (d).) tion prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefor in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and many be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may be summarily seized by, and placed in the custody of, such persons as the Attorney General may by regulation prescribe. The aircraft may be released from such custody upon deposit of such amount not exceeding $500 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General.

deems necessary.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

as

or

(b) Any person who (1) violates any entry or clearance regulation made under section 7 (c), or (2) any immigration regulation made under such section, shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of Commerce, or the Attorney General, respectively, in accordance with such proceedings the Secretary (or the Attorney General] shall by regulation prescribe. Any person violating any customs or public health regulation made under section 7 (b) of this Act, or any provision of the customs or publichealth laws or regulations thereunder made applicable to aircraft by regulation under such section shall be subject to a civil penalty of $500, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture as provided for in such customs public-health laws, which penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien against the aircraft. Any civil penalty imposed under this section may be collected by proceedings in personam against the person subject to the penalty and/or in case the penalty is a lien, by proceedings in rem against the aircraft. Such proceedings shall conform as nearly as may be to civil suits in admiralty ; except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20, and facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States, shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings in any particular not provided by law. The determination under this section as to the remission or mitigation of a civil penalty imposed under this section shall be final. In case libel proceedings are pending at any time during the pendency of remission or mitigation proceedings, the Secretary shall give notice thereof to the United States attorney prosecuting the libel proceedings.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(c) Any aircraft subject to a lien for any civil penalty imposed under this section may be summarily seized by and placed in the custody of such persons as the appropriate Secretary (or the Attorney General] may by regulation prescribe and a report of the case thereupon transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Secretary of his failure so to act. The aircraft shall be released from such custody upon (1) payment of the penalty or so much thereof as is not remitted or mitigated, (2) seizure in pursuance of process of any court in proceedings in rem for enforcement of the lien, or notification by the United States attorney of failure to institute such proceedings, or (3) deposit of a bond in such amount and with such sureties as the Secretary may prescribe, conditioned upon the payment of the penalty or so much thereof as is not remitted or mitigated. (Air Commerce Act of 1926, sec. 11 (b) and (c); 44 Stat. 574-575; 52 Stat. 1029;

U. S. C. 181 (b)-181 (c).)

REGISTRY OF ALIENS

RECORDS OF ADMISSION

ALIENS ARRIVING IN UNITED STATES

AFTER JANUARY 13, 1941; DESCRIPTIVE
DATA

SEC. 240. (a) The Attorney General SEC. 328. (a) The Commissioner shall cause to be filed, as a record of shall cause to be made, for use in comadmission of each immigrant, the immi- plying with the requirements of this grant visa required by section 221 (e) chapter, a registry of each person arto be surrendered at the port of entry riving in the United States after the by the arriving alien to an immigra- effective date of this Act, of the name, tion officer.

age, occupation, personal description (b) The Attorney General shall (including height, complexion, color of cause to be filed such record of the hair and eyes, and fingerprints), the entry into the United States of each date and place of birth, nationality, immigrant admitted under section 211 the last residence, the intended place (b) and of each nonimmigrant as the of residence in the United States, the Attorney General deems necessary for date and place of arrival of said perthe enforcement of the immigration son, and the name of vessel or other laws.

means of transportation, upon which said person arrived. (Nationality Act of 1940.)

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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

CHAPTER 5-DEPORTATION ; ADJUST

MENT OF STATUS

GENERAL CLASSES OF DEPORTABLE ALIENS

DEPORTATION WITHIN CERTAIN TIME

LIMITS OF ALIENS ENTERING OR FOUND
IN THE UNITED STATES IN VIOLATION
OF LAW; FINALITY OF DECISION ; DIS-
CRETION OF THE ATTORNEY GENERAL

SEC. 241. (a) Any alien in the Sec. 19. (a) That at any time withUnited States (including an alien in five years after entry, any alien crewman) shall, upon the order of the who at the time of entry was a memAttorney General, be deported who- ber of one or more of the classes ex

(1) at the time of entry was with- cluded by law; (Act of 1917, sec. 19 in one or more of the classes of aliens (a)). excludable by the law existing at the time of such entry;

(2) entered the United States at any time within three years after without inspection or at any time or entry, any alien who shall have entered place other than as designated by the United States by water at any time the Attorney General or is in the or place other than as designated by United States in violation of this iminigration officials, or by land at any Act or in violation of any other law place other than one designated as a of the United States;

port of entry for aliens by the Commissioner of Immigration and Naturalization, or at any time not designated by immigration and naturalization officials, or who enters without

inspection; (3) hereafte within five years any alien who shall have entered or wh after entry, becomes institutionalized shall be found in the United States in at public expense because of mental violation of this Act, or in violation of disease, defect, or deficiency, unless any other law of the United States; the alien can show that such disease, (Act of 1917, sec. 19 (a)). defect, or deficiency did not exist prior to his admission to the United States ;

(4) is convicted of a crime involv- except as hereinafter provided, any alien ing moral turpitude committed within who is hereafter sentenced to imprisonfive years after entry and either sen- ment for a term of one year or more betenced to confinement or confined cause of conviction in this country of a therefor in a prison or corrective in- crime involving moral turpitude, comstitution for a year or more, or who mitted within five years after the entry at any time after entry is convicted of of the alien to the United States, or who two crimes involving moral turpitude, is hereafter sentenced more than once not arising out of a single scheme of to such a term of imprisonment because criminal misconduct, regardless of of conviction in this country of any whether confined therefor and re- crime involving moral turpitude, comregardless of whether the convictions mitted at any time after entry; (Act of were in a single trial;

1917, sec. 19 (a)). (5) has failed to comply with the any alien who was convicted, or who adprovisions of section 265 unless he es- mits the commission, prior to entry, of a tablishes to the satisfaction of the At- felony or other crime or misdemeanor torney General that such failure was involving moral turpitude; (Act of 1917, reasonably excusable or was not will- sec. 19 (a)). ful, or has been convicted under section 266 (c) of this title, or under section 36 (c) of the Alien Registration Act, 1940, or has been convicted of violating or conspiracy to violate any provision of the Act entitled "An Act to require the registration of certain persons employed by agencies to disseminate propaganda in the United

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