Section 16.1 Medical officers; to whom responsible. Medical officers detailed for any duty under the immigration law shall, in matters of administration, be under the direction of the officer in charge at the port to which they may be detailed. In considering and determining medical questions such officers are to be guided by the instructions issued by the Surgeon General of the Public Health Service.*† (Sec. 16, 39 Štat. 885; 8 U.S.C. 152). [16] *§§ 16.1 to 16.21, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. The source of §§ 16.1 to 16.21, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 16.11 Contagious disorder of alien wife or minor child of naturalized citizen or permanent resident alien. Where an alien, otherwise admissible, is certified upon arrival to be afflicted with any contagious disorder and is (a) the wife or minor child of an alien who is shown to have taken up his permanent residence in the United States; (b) the alien wife of a naturalized citizen married to him abroad prior to his naturalization; or (c) the minor child of a naturalized citizen born abroad to him prior to his naturalization, such alien shall be held until it is ascertained whether the disorder will be easily curable or whether landing can be permitted without danger to others. Deportation shall occur promptly with respect to such wife and minor child when it is ascertained that the disorder is not easily curable or that the alien cannot be landed without danger to others, but if it shall be determined that the disorder is easily curable, and the husband or father or other responsible person is willing to bear the expense of treatment, such alien, if otherwise admissible and upon proper application under section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U.S.C. 159), may be accorded treatment in a hospital until cured and thereupon admitted. Examining surgeons shall include, so far as possible, in their certificate for contagious disorder, statement as to whether or not the disorder will be easily curable and whether or not the person certified can be permitted to land without danger to other persons.** [17-A-1] 16.12 Hospital treatment of wife or minor child of naturalized citizen; conditions. No application for hospital treatment on be**For statutory and source citations, see note to § 16.1. Page 73 half of the wife or minor child of a naturalized citizen shall be considered unless it affirmatively appears in such application that the applicant or some one in his behalf has deposited with the proper immigration official a sum sufficient to defray the cost of such treatment for a period of 60 days or for a less period if it is estimated that a cure may possibly be effected in less than 60 days, and that a bond has been furnished with approved surety in the penal sum of not less than $500 conditioned that at least 15 days prior to the expiration of the period above referred to a further deposit of cash will be made sufficient to cover the cost of treatment for an additional period of 30 days; and that a remittance of a similar amount every 15 days prior to the expiration of the period covered by such deposit shall be made until the alien is cured and permanently landed or the case otherwise disposed of; and that a sum sufficient to defray the cost of forwarding such alien to final destination will be furnished when and if needed, and, in the event such alien is a person who, from infancy or other cause, will require an attendant to accompany him to final destination if landed, or to the country of origin if eventually deported, that such an attendant or funds sufficient to defray the cost of employing one, will be furnished: Provided, That where it affirmatively appears to the satisfaction of the Department that the husband or father is unable to pay the expense of hospital treatment, such treatment may be accorded at the expense of the appropriation for the enforcement of the Immigration Act.** (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-C-1] 16.13 Hospital treatment of wife or minor child of resident alien; conditions. No application made on behalf of the wife or minor child of an alien who shall have taken up his permanent residence in the United States shall be considered unless the cash deposit and bond provided for in § 16.12 are furnished as required in said section.*† (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-C-2] 16.14 Hospital treatment; to prevent unusual hardship or suffering. No application for hospital treatment made on behalf of an alien certified by the proper medical officer to be suffering from tuberculosis in any form or from a loathsome contagious or dangerous contagious disease, other than one of quarantinable nature, as provided in section 18 of the Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154), shall be considered unless it affirmatively appears to the satisfaction of the Department that to refuse such hospital treatment would be inhumane or cause unusual hardship or suffering: Provided, That if, upon arrival, the condition of the alien is such as to require immediate hospital treatment, such hospital treatment may be accorded when, in the opinion of the official in charge, a denial of such treatment, pending authorization therefor by the Department, will cause unusual hardship or suffering; And provided further, That in such case the action of such official shall be reported forthwith to the Department for the necessary authorization.*t [17-C-3] 16.15 Application for hospital treatment for wife or minor child. Application for hospital treatment arising under the provisions of section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U.S.C. 159), made in behalf of the wife or minor child of a Page 74 *†For statutory and source citations, see note to § 16.1 naturalized citizen or in behalf of the wife or minor child of an alien having a permanent residence in this country, or application for hospital treatment arising under the provisions of section 18 of said Act (39 Stat. 887; 8 U.S.C. 154), shall be made to the officer in charge within the time allowed for filing appeals and by such officer immediately forwarded to the Central Office for presentation to the Department.* [17-B-1] 16.16 Naturalization; proof. The presentation of a naturalization certificate and identification of the presenter as the rightful holder thereof shall be accepted as satisfactory proof of naturalization.*t (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-D-1] 16.17 Permanent residence; definition. The term "permanent residence" in §§ 16.11, 16.13, and 16.15, shall be understood to mean that place where a person has his true, fixed, and permanent home and principal establishment to which, whenever he is absent, he has the intention of returning, and shall be established by evidence satisfactory to the Department.** (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-D-1] 16.18 Hospital treatment; documents to accompany application. The official in charge shall forward with the application a transcript of the board hearing and a certificate of a Public Health Service Surgeon showing the character and extent of the alien's affliction and estimating the duration of treatment required to effect a cure, and may make such recommendation as he deems proper.*t (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-E-1] 16.19 Breach of conditions of bond; consequences. If the application is granted and there is a failure to observe the terms of the bond exacted, report thereof shall be made to the Central Office, to the end that the conditions of the bond may be enforced and the alien deported. Any balance of a deposit remaining unexpended when the alien is cured or released shall be returned to the depositor. The cost of hospital treatment may be charged against the deposit from the time the petition was filed and until the alien has been either admitted or deported.*t (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-F-1] 16.20 Alien's right, and transportation company's liability, not affected by hospital treatment. The treatment of an alien under §§ 16.11-16.21, shall not be construed to alter in any manner the status of the alien with reference to his right to enter or remain in the United States, nor to affect in any manner the liability of transportation companies under the Immigration Act of 1917 (39 Stat. 874), and the rules and regulations made in pursuance thereof.** [17-G-1] 16.21 Citizens treated as aliens; payment of hospital expense. If any arriving passenger apparently an alien is placed in hospital under any provision of §§ 16.11-16.21 that does not require expenses of hospital treatment to be paid by other than transportation companies, and it is subsequently shown that such passenger is in fact a United States citizen, the expense of treatment up to the time satisfactory proof of citizenship is furnished shall be borne by the transportation company or by the vessel on which such passenger arrived.** (Sec. 15, 39 Stat. 885; 8 U.S.C. 151) [17-H-1] **For statutory and source citations, see note to § 16.1. Page 75 Sec. PART 18-EXCLUSION AND DEPORTATION cluding decision. Sec. 18.1 Notice to alien of affirmation of ex- 18.4 Alien placed on board; when. 18.5 Aliens rejected at Canadian ports to be returned by transportation company. 18.2 Notice to master of vessel of alien's exclusion. 18.3 Notice to immigration officer of 18.6 Aliens rejected; return to country sailings. of embarkation. Section 18.1 Notice to alien of affirmation of excluding decision. In case an appeal from an excluding decision is dismissed and the decision affirmed, the alien shall be notified as promptly as circumstances permit.*+ [18-A-1] *88 18.1 to 18.6, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. The source of §§ 18.1 to 18.6, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 18.2 Notice to master of vessel of alien's exclusion. The master, agent, consignee, or owner of a vessel by which an excluded alien is to be deported shall be notified of this fact as promptly as circumstances permit; also of the cause of rejection and the class in which such alien arrived and is to be deported.* (Sec. 18, 39 Stat. 887; 8 U.S.C. 154) [18-B-1] 18.3 Notice to immigration officer of sailings. At least 24 hours' advance notice of the time of sailing of every vessel which has brought aliens to the United States shall be given the officer in charge in order that he may have the opportunity to place on board the aliens to be deported by such vessel.*† (Sec. 18, 39 Stat. 887; 8 U.S.C. 154) [18-C-1] 18.4 Alien placed on board; when. The officer in charge may deliver excluded aliens to the responsible transportation company at such time, as in his judgment, the action is proper." (Sec. 18, 39 Stat. 887; 8 U.S.C. 154) [18-D-1] 18.5 Aliens rejected at Canadian ports to be returned by transportation company. All aliens bound for the United States finally rejected at Canadian seaports shall be returned to the country whence they came by the steamship line bringing them.* (Sec. 18, 39 Stat. 887; 8 U.S.C. 154) [18-E-1] 18.6 Aliens rejected; return to country of embarkation. The steamship lines shall return at their own expense from seaports of Canada or the United States, as they may elect, to the trans-oceanic country of embarkation all excluded aliens, who are shown to belong to a class excluded by the Immigration Act, whenever in the judgment of the Secretary of Labor the deportation of such aliens in the manner described is deemed necessary to safeguard the interests of the United States.*t (Sec. 18, 39 Stat. 887; 8 U.S.C. 154) [18-E-2] Page 76 *For statutory and source citations, see note to § 18.1. Sec. PART 19-ARREST AND DEPORTATION 19.1 Investigation and report as to aliens believed to be subject to deportation. Sec. 19.26 Deportation to Canada; data relating to naturalized subjects or domiciled British subjects. 19.2 Transfer of deportation data in 19.27 Deportation to Canada; data rela tive to aliens not citizens of Canada. 19.28 Deportation to Canada; public charges; medical certificate. 19.29 Deportation to Mexico; data furnished Mexican consul. 19.31 Deportation to Mexico; when to 19.30 Deportation to Mexico; port. seaport. Deportation; authority for attendant; expenses. 19.40 Deportation; description of alien to be attached to warrant. Deportation; Central Office to be informed when preparation completed. 19.42 19.15 Deportation; notice to vessels; 19.19 Passport; when to be forwarded 19.20 Deportee having privilege of re shipment; authority for removal. 19.23 Passport data; additional for na- 19.25 Deportation to Canada; proce- 19.43 Deportation; data to be submitted 19.44 Deportation; transportation route. 19.45 Deportation; transportation requests; data included; disposition. 19.46 Deportation; joining of aliens to party. 19.47 Transfer of deportees by officer in 19.48 Deportation; collecting, tagging, 19.50 Deportation; search for and re- Section 19.1 Investigation and report as to aliens believed to be subject to deportation. Officers shall make thorough investigation of all cases when they are credibly informed or have reason to believe that a specified alien in the United States is subject to arrest Page 77 |