port through which such aliens are to be deported. As soon as it is determined that such aliens are deportable, the Central Office will obtain travel permits for the aliens' passage from the State of origin into the State from which deportation is to be effected, said travel permits being obtained through the office of the Surgeon General, United States Public Health Service, Washington, D. C. Negotiations with appropriate common carriers shall be started by the officer in charge of the district in which such cases arise, immediately upon finding that the victim of the disease is deportable, for the purpose of arranging for the transportation of such aliens in the most economical manner possible, in keeping with the State health laws and the rules of the United States Public Health Service. Other cases of deportable aliens afflicted with leprosy shall be disposed of in accordance with governing circumstances and with the assistance and under the direction of the Central Office.*t (Secs. 18, 20, 39 Stat. 887, 890; 8 US.C. 154, 156) [20-A-5, 6] CROSS REFERENCE: For United States Public Health Service regulations concerning lepers, see 42 CFR Part 3. PART 21-HOLDING AS WITNESSES ALIENS ORDERED DEPORTED 21.1 Deportation of witness stayed; 21.2 Witnesses; when warrant withconditions; expenses, release. held. Section 21.1 Deportation of witness stayed; conditions, expenses, release. The Department may stay the deportation "of any aliens found to have come in violation of any provision" of the Immigration Act of 1917 (39 Stat. 874) when the testimony of such aliens is necessary on behalf of the United States in the prosecution of offenders against the Immigration Act of 1917 or any other laws of the United States, and the cost of maintenance and a witness fee in the sum of $1 per day may be paid by the Department in each such case, or the alien witness may be released under bond of not less than $500 conditioned for his production when required as a witness or for deportation. Therefore, the alien to be detained must have come to the United States in violation of the Immigration Act of 1917, and his deportation must have been stayed by the Department, before detention charges and witness fees, or release under bond, can be authorized; and such authorization can be given only in cases in which at least one cause for the proposed deportation of the alien arose prior to entry. Such cases should be reported promptly to the Central Office, with a statement of all facts and circumstances material to decision of the question whether the authorization desired shall be granted. Vouchers for witness fees should be prepared in favor of each witness and submitted at the close of each month or, if detention is for less than one month, at the conclusion of such detention. Maintenance charges will be vouchered in the regular way applicable to such bills. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222: interprets sec. 18, 39 Stat. 887; 8 U.S.C. 154) [21-A-1, Im. R. & Regs., ed. of Dec. 31, 1936] **For statutory and source citations, see note to § 20.1. Page 91 21.2 Witnesses; when warrant withheld. Cases in which there exists no cause for deportation arising prior to entry (for example, cases in which aliens have become members of the immoral or criminal classes after landing) are not within the purview of § 21.1. In such cases, therefore, when it becomes necessary to hold an alien as a witness, arrangements therefor must be made with the appropriate United States attorney. The issuance of warrants of deportation in these classes of cases will be withheld pending the termination of judicial proceedings, so that the witnesses may be bound over and detention expenses and witness fees paid by the Department of Justice. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222; interprets sec. 18, 39 Stat. 887; 8 U.S.C. 154) [21-B-1, Im. R. & Regs., ed. of Dec. 31, 1936] Sec. PART 22-DETENTION EXPENSES Sec. 22.1 Liability of transportation com- 22.4 Payment; advance assurance; failpanies for removal and care of alien. 22.2 Liability of transportation com ure. 22.5 Expenses when borne by other than panies for expense of attendant 22.6 Burial expenses of aliens; when 22.3 Expense bills; presentation to Section 22.1 Liability of transportation companies for removal and care of alien. The owners, masters, agents, and consignees of vessels bringing aliens shall pay all expenses incident to or involved in their removal from the vessel or their detention as mentioned in Part 3 (excepting only in cases in which it is otherwise provided by section 18, Immigration Act of 1917, 39 Stat. 887; 8 U.S.C. 154, or in which detention occurs under the terms of section 22 of said Act, 39 Stat. 891; 8 U.S.C. 159), irrespective of whether the aliens removed or detained are subsequently admitted or deported; such expenses to include those of maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation; also all expenses of hospital treatment where granted under section 18, Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154), and § 16.15. When aliens are fed under an exclusive privilege (section 26, Act of February 5, 1917 (39 Stat. 894; 8 U.S.C. 115)), the expenses of maintenance generally shall be deemed the charges at which the privilege holder agrees to furnish them food. At ports where the Immigration and Naturalization Service maintains hospitals, the hospital expenses shall be such as are fixed by the Department, and at other hospitals they shall be as are fixed by the authorities thereof.*t (Sec. 15, 39 Stat. 885; 8 U.S.C. 151) [22-A-1] *88 22.1 to 22.6, 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 §§ 22.1 to 22.5, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. Page 92 22.2 Liability of transportation companies for expense of attendant or accompanying alien. If in the judgment of the officer in charge, based upon the expressed opinion of a surgeon, it is necessary for the proper care of an alien removed to hospital or as a measure of humanity to place with him there an attendant or accompanying alien, the cost of the latter's detention in hospital must be borne in the same manner as is the cost of treating the disabled alien.*† (Secs. 15, 18, 39 Stat. 885, 887; 8 U.S.C. 151, 154) [22-A-2] 22.3 Expense bills; presentation to steamship companies. Bills pertaining to any of the expenses in this part, shall be presented to the responsible steamship companies monthly or oftener at the option of the officer in charge, and, if not promptly paid, action shall be taken immediately, as prescribed by Part 23.* [22-A4] 22.4 Payment; advance assurance; failure. Immigration officers are under no obligation to order the removal of aliens from a vessel for inspection or hospital treatment (excepting only in cases in which it is otherwise provided by section 18, Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154), or in which detention occurs under the terms of section 22 of said Act (39 Stat. 891; 8 U.S.C. 159)) until the steamship companies have obligated themselves in a manner satisfactory to such officers for the payment of the expenses referred to in §§ 22.1, 22.2, and at their option they may require payment in advance, or security, for each and every one thereof; and for failure on the part of a steamship company at any time during the course of detention to pay such expenses, the aliens may be returned to the vessel.*† [22-B-1] 22.5 Expenses when borne by other than transportation company. Detention expenses shall be borne by the Government in cases of (a) aliens held as witnesses under section 18, Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154); (b) insane aliens whose health or safety would be unduly imperiled by immediate deportation (said section 18); and (c) in cases in which the wives and minor children of naturalized citizens are accorded treatment under section 22 of said Act (39 Stat. 891; 8 U.S.C. 159), and §§ 16.11-16.15, when it is satisfactorily shown that the husband or father is unable to pay such expenses. They shall be borne by the husband or father of the alien when he is able to pay them, in cases in which treatment of a wife or minor child is authorized under said provision of law and sections of regulations; and always by the husband or father when he is merely a permanent resident, not a naturalized citizen of the United States whose wife and child is allowed treatment under section 22 of said Act and § 16.13. Preferably, they shall be paid by the alien, but may be paid from the immigration appropriation under special authority where it is necessary to hold the alien after admission in accordance with § 14.1, and in the cases of wives and minor children of naturalized citizens accorded treatment under section 22 of said Act and §§ 16.11-16.15.*+ [22-C-1] 22.6 Burial expenses of aliens; when borne by the Government. The burial expenses of aliens who die while in the lawful custody of the Immigration and Naturalization Service may be borne **For statutory and source citations, see note to § 22.1. Page 93 by the Government, except in those cases in which it is otherwise provided by section 15 of the Immigration Act of 1917 (39 Stat. 885; 8 U.S.C. 151), and said burial expenses may include the payment of not exceeding $10 in any case for the services of a minister of any recognized religious denomination.* [G.O. 125, Feb. 19, 1929] Sec. PART 23-IMPOSITION AND COLLECTION OF FINES 23.1 Liability for bringing mentally af- 23.3 Liability for diseased seamen on 23.4 Liability for bringing illiterate or barred-zone aliens. 23.5 Liability for bringing solicited aliens. 23.6 Liability for failure to supply manifest. 23.7 Liability to meet specified ex- 23.8 Liability for failure to receive 23.15 Notice of intention to fine in cases other than under §§ 23.13, 23.14; time for opposition; clearance of vessel. 23.16 Notice of intention to fine; procedure. 23.17 Submission of evidence and report. 23.18 Mitigation or remission of fines; mentally afflicted or diseased alien seamen. 23.10 Liability for bringing immigrant 23.19 Action on decision. without proper visa. 23.11 Liability for failure to report desertion or landing, or furnish required list of seamen. Section 23.1 Liability for bringing mentally afflicted or diseased aliens. Whenever the medical examiner certifies that an arriving alien is afflicted with any of the diseases or disabilities mentioned in section 9 of the Immigration Act of 1917, as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U.S.C. 145), the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $1,000 for each of said aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.*** [23-A-1] **§§ 23.1 to 23.19, 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 §§ 23.1 to 23.19, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 23.2 Liability for bringing certain aliens afflicted otherwise than as described in § 23.1. In the case of an alien afflicted with any mental defect other than those specifically named in section 9 of the Immigration Act of 1917, as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U.S.C. 145), or physical defect of a nature which Page 94 *For statutory citation, see note to § 22.1. may affect ability to earn a living, when certified as in § 23.1, the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $250 for each of said aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.*t [23-A-2] 23.3 Liability for diseased seamen on passenger-carrying vessels. Whenever the medical examiner certifies that an alien seaman found employed on board any vessel carrying passengers between a port of the United States and a port of a foreign country is afflicted with any of the diseases or disabilities mentioned in section 35 of the Immigration Act of 1917 (39 Stat. 896; 8 U.S.C. 169), such vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $50 for each such seaman.*† (Sec. 26, 43 Stat. 166; 8 U.S.C. 145) [23-A-3] 23.4 Liability for bringing illiterate or barred-zone aliens. Where aliens excluded as illiterate or as natives of that portion of the continent of Asia and the islands adjacent thereto described in section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U.S.C. 136), are brought to the United States in violation of section 9 of said Act as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U.S.C. 145), the vessel or transportation agency bringing them shall pay to the collector of customs (under notice of intention to fine) $1,000 for each of such aliens and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.*† (Sec. 35, 39 Stat. 896; 8 U.S.C. 169) [23-A-4] 23.5 Liability for bringing solicited aliens. When aliens have been brought to the United States after having been solicited, invited, or encouraged to come in violation of section 7 of the Immigration Act of 1917 (39 Stat. 879; 8 U.S.C. 143), the vessel or transportation agency bringing them shall pay to the collector of customs (under notice of intention to fine) $400 for each and every such violation.*† [23-A-5] 23.6 Liability for failure to supply manifest. Where the master or commanding officer of a vessel bringing aliens into or carrying aliens out of the United States fails or refuses, in violation of section 14 of the Immigration Act of 1917 (39 Stat. 884; 8 U.S.C. 150), to deliver full and accurate manifests or statements or information regarding aliens brought into or carried out of the United States, such masters or commanding officers shall pay to the collector of customs (under notice of intention to fine) $10 for each alien concerning whom proper manifest, statement, or information is not furnished at the time of arrival with respect to incoming aliens and within 60 days with respect to outgoing aliens.*† [23-A-6] 23.7 Liability to meet specified expenses. Whenever a vessel or transportation agency fails or refuses to defray any of the expenses specified in section 15 of the Immigration Act of 1917 (39 Stat. 885; 8 U.S.C. 151), such vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) **For statutory and source citations, see note to § 23.1. Page 95 |