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AUTHORITY FOR IMMIGRATION RULES AND REGULATIONS
Executive Order 6166, June 10, 1933, section 14 (5 U.S.C., following Chapter 1), provides that the Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of that department, at the head of which shall be a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner General of Immigration and Commissioner of Naturalization, appearing in statutes prior to the Executive Order, to the Commissioner of Immigration and Naturalization.
The term "Central Office" as used in this subchapter means the office of the Commissioner of Immigration and Naturalization in Washington, D. C.
SOURCE OF IMMIGRATION RULES AND REGULATIONS
The source of the rules and regulations in this subchapter, except for amendments and supplemental documents noted in the text, is Immigration Rules and Regulations of Jan. 1, 1930, edition of Dec. 31, 1936, issued by the Commissioner of Immigration and Naturalization with the approval of the Secretary of Labor. Subdivisions of the source reference are given in brackets at the end of each section. Thus [1-A-2] denotes rule I, subdivision A, paragraph 2.
PART 1-HEAD TAX
1.1 Aliens subject to head tax; collec- 1.4 Burden of proof in claims for extion. emption.
1.2 Collection of head tax after admis- 1.5 Alien seamen regularly admitted. 1.6 Discharged seamen applying as immigrants.
1.7 Head tax; by and to whom paid.
1.3 Aliens not subject to head tax.
Section 1.1 Aliens subject to head tax; collection. There shall be collected on behalf of every alien admitted to the United States, except those classes enumerated in § 1.3, a head tax of $8.*t (Sec. 2, 39 Stat. 875; 8 U.S.C. 132) [1-A-2]
*88 1.1 to 1.7, 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 §§ 1.1 to 1.7, inclusive, (except for the amendment noted in the text,) is Immigration rules and regulations, I&NS, as amended by G.O. 246, May 10, 1937, 2 F.R. 820.
ABBREVIATIONS: The following abbreviations are used in this chapter:
Ch. R. & Regs.
Im. R. & Regs. Nat. R. & Regs.
Chinese general order, Commissioner of Immigration and Naturalization.
Rules and regulations governing the admission of Chinese, Secretary of Labor. Oct. 1, 1926, as amended up to and including Jan. 24, 1936.
Circular 176, Commissioner of Immigration and Naturalization
General order, Commissioner of Immigration and Naturalization.
Immigration and Naturalization Service.
Immigration rules and regulations, Secretary of Labor. Jan.
Collection of head tax after admission. The tax described in § 1.1, also shall be collected from aliens within § 1.3 (c), when their stay is extended beyond sixty (60) days, and from aliens within § 1.3 (d), when their stay is extended beyond 1 year.*t (Sec. 2, 39 Stat. 875; 8 U.S.C. 132) [1-A-3]
1.3 Aliens not subject to head tax. The head tax shall not be levied upon the following classes of aliens:
(a) Foreign officials. Diplomatic and consular officers and other accredited officials of foreign governments, their suites, families, and guests, for whatsoever purpose they come;
(b) Children. Children under 16 years of age who accompany their father or mother and whose relationship and age are established;
(c) Transits. Aliens in transit through the United States, as defined in § 6.1;
(d) Visitors from nearby countries. Aliens whose legal domicile or bona fide residence was in Canada, Newfoundland, Cuba, or Mexico for at least 1 year immediately preceding entry and who enter the United States for a temporary period in no instance exceeding 1 year; this exemption shall not be lost merely by reason of temporary absences of short duration from such countries;
(e) Residents; passing through contiguous territory. Aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory;
(f) Temporary residents; returning from contiguous territory. Aliens temporarily admitted to the United States who, during the period of temporary admission, go to foreign contiguous territory for temporary visits;
(g) Cruise passengers. Aliens who, starting from a port of the United States, return thereto after a continuous sea trip or cruise without change of vessel;
(h) Commuters. Aliens who, without taking up residence in the United States, habitually cross and recross the land boundaries and who hold the identification card prescribed in § 3.53;
(i) Residents; returning from nearby country. Aliens lawfully admitted and having a bona fide residence in the United States who, without relinquishing such residence, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding 6 months;
(j) Citizens or residents of possessions. Citizens and alien residents of the Virgin Islands of the United States, Puerto Rico, Hawaii, Guam; or citizens of the Philippine Islands not citizens of the United States admitted to the Territory of Hawaii without an immigration or passport visa in accordance with the provisions of paragraph (1) of section 8 (a) of the Act of March 24, 1934 (48 Stat. 462; 48 U.S.C. 1238);
(k) Seamen; to reship. Alien seamen landing with the intention to reship foreign;
*For statutory and source citations, see note to § 1.1.
(1) Seamen; resident. Alien seamen regularly admitted who have not since forfeited their status, except seamen admitted under the proviso to § 7.21;
(m) Military or naval personnel. Aliens in the military or naval service of the United States, including the Marine Corps, when entering the country under orders to do so from the proper authority in those branches;
(n) Students, returning from nearby countries. Aliens admitted to the United States as bona fide students under subdivision (e) of section 4, of the Immigration Act of 1924, who, without relinquishing such status, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding 6 months.* (Secs. 2, 3, 39 Stat. 875; 8 U.S.C. 132, 136 (r)) [1-B-1, Im. R. & Regs., as amended by G.O. 246, May 10, 1937 and G.O. 252, Sept. 14, 1937, 2 F.R. 820, 1867]
1.4 Burden of proof in claims for exemption. The burden of proof shall be upon the alien to establish that he is within the classes exempted by law from the payment of head tax, and in all cases where such fact is not established to the satisfaction of the immigration officer the tax shall be collected and paid on account of such alien in the manner provided in § 1.7.** (Sec. 2, 39 Stat. 875; 8 U.S.C. 132) [1-D-1]
1.5 Alien seamen regularly admitted. A head tax of $8 shall be levied, collected, and paid for every alien seaman regularly admitted as an immigrant.** (Sec. 2, 39 Stat. 875; 8 U.S.C. 132) [1-C-1]
1.6 Discharged seamen applying as immigrants. Where an alien seaman is discharged in a United States port by the master or any officer of the vessel bringing such alien to the United States, and thereupon makes application for regular admission as an immigrant and is admitted, the tax shall be paid by the master, agent, owner, or consignee of the vessel or transportation line responsible under the provisions of section 2 of the Immigration Act of February 5, 1917.** (Sec. 2, 39 Stat. 875; 8 U.S.C. 132) [1-C-2]
1.7 Head tax; by and to whom paid. The head tax shall be paid to the collector of customs of the port or customs district to which the alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States, or by the alien himself if he does not come by a vessel, transportation line, or other conveyance or vehicle or when collection from the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance, or vehicle bringing such alien into the United States is impracticable.*+ (Sec. 2, 39 Stat. 875; 8 U.S.C. 132) [1-A-1]
*For statutory and source citations, see note to § 1.1.
2.4 Final port; checking of aliens;
2.8 Stowaways; how manifested.
2.11 Forms required; specifications as to departing passengers; time for filing.
2.12 Form required by § 2.15; specification.
2.13 Forms, by whom supplied; penalty. 2.14 Information required; foreign officials.
2.15 Report of illness en route.
2.16 Data concerning cost of transportation.
2.17 Manifests of aliens from foreign contiguous territory.
Section 2.1 Classification of passengers. All passengers, arriving in or departing from the United States by water, either directly or through the designated Canadian seaports, and whether aliens or citizens of the United States, shall, for the purposes of section 12 of the Act of February 5, 1917 (39 Stat. 882; 8 U.S.C. 148), be classified on manifests as first cabin, second cabin, tourist third cabin, or third class, according to the class in which they travel. These manifests shall also contain the names of passengers embarking at foreign ports destined to other foreign ports on vessels touching at ports of the United States, and passengers arriving on vessels destined from a foreign port to a United States port where such vessels stop en route at intermediate ports of the United States.*† (Sec. 13, 39 Stat. 884; 8 U.S.C. 149) [2-A-1]
*88 2.1 to 2.17, 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 §§ 2.1 to 2.17, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.
2.2 Vessels touching at several ports. Where vessels touch at several United States ports, passengers will be manifested for the United States port of destination or final United States port of call, and such manifests shall be presented at all intermediate ports in the United States and a notation made in the space following the last numbered column on Forms 500 and 630, showing the port or ports at which passengers are permitted to go ashore. This notation will be simply an abbreviation of the name of the port. (Sec. 12, 39 Stat. 882; 8 U.S.C. 148) [2-A-2]
2.3 Landing at port other than manifested. When any passenger desires regularly to land at any port in the United States other than the one to which he is manifested, his name will be stricken by the ship's officers from the manifest upon which originally recorded and transferred to the manifest intended for the port where he wishes to land. Such change on the manifest will be made only with the prior knowledge of the boarding officer and will be attested by his signature and title placed opposite each entry on the two manifests
**For statutory and source citations, see note to § 2.1.
involved, e. g., opposite the deleted entries he will note:
--, Immigrant Inspector." On the manifest to which the name is transferred he will note: "Transferred from manifest of passengers for dated -9
Immigrant Inspector."*t (Secs. 12, 13, 39 Stat. 882, 884; 8 U.S.C. 148, 149) [2-A-3]
2.4 Final port; checking of aliens; abandonment of voyage. At the final port of call a check shall be made to determine the presence on board of all aliens who have been granted shore leave. at intermediate ports, the manifests to be taken up at such final port of call. Forms 628 will be furnished at the port of embarkation of alien and citizen passengers. If any such passenger abandons the voyage at an intermediate United States port, notification shall be given to port of embarkation by the steamship company.* (Secs. 12, 13, 39 Stat. 882, 884; 8 U.S.C. 148, 149) [2-A4]
2.5 Preparation of manifests. All manifests must be typewritten or printed in the English language. First cabin passengers shall be listed on pink, second cabin on yellow, tourist third cabin on light blue, and third class on white manifests.* (Secs. 12, 13, 39 Stat. 882, 884; 8 U.S.C. 148, 149) [2-B-1]
2.6 Grouping of aliens on manifest. Transportation companies small assemble or group together, to the fullest extent possible, all aliens coming from the same locality, also all members of a family, and the names of all members of a family shall appear upon the same manifest sheet when such members travel in the same class. Where the members of a family travel in different classes, appropriate cross references to this fact should be made on the several manifest sheets on which their names are listed, so that the immigration authorities may consider their cases together.* (Secs. 12, 13, 39 Stat. 882, 884; 8 U.S.C. 148, 149) [2-B-2]
2.7 Certain nonimmigrants; how manifested. All nonimmigrants as defined by section 3 (2), (3), (4), and (6) of the Immigration Act of 1924 (43 Stat. 154, 47 Stat. 607; 8 U.S.C. 203) arriving by water at the ports of the United States shall be listed and classified separate and apart from immigrants generally, and grouped and assembled in the manner required by $8 2.5, 2.6. To each nonimmigrant or head of a family of nonimmigrants shall be given a ticket on which shall be written his name, a number or letter, followed by the letters NI, designating the list in which his name and other information are contained and his number on said list. Such list shall be plainly marked "Nonimmigrant manifest."*+ (Secs. 12, 13, 39 Stat. 882, 884; 8 U.S.C. 148, 149) [2-B-3]
2.8 Stowaways; how manifested. Alien stowaways shall be manifested and produced for inspection in the same manner as are other aliens, and the fact that they were stowaways shall be indicated on the manifest.*t (Secs. 12, 13, 39 Stat. 882, 884; 8 U.S.C. 148, 149) [2-B4]
2.9 Forms required; specifications as to aliens. The typewritten or printed lists or manifests required by section 12 of the Act of February 5, 1917 (39 Stat. 882; 8 U.S.C. 148), and paragraph (e),
**For statutory and source citations, see note to § 2.1.