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the United States. After this section takes effect no alien apply. ing 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. (43 Stat. 163-164; 8 U.S. C. 217.) UNUSED IMMIGRATION VISAS (ADDITIONAL ONES NOT TO ISSUE IN LIEU OF
UNUSED IMMIGRATION VISAS) SEC. 18. If a quota immigrant of any nationality having an immigration visa is excluded from admission to the United States under the immigration laws and deported, or does not apply for admission to the United States before the expiration of the validity of the immigration visa, or if an alien of any nationality having an immigration visa issued to him as a quota immigrant is found not to be a quota immigrant, no additional immigration visa shall be issued in lieu thereof to any other immigrant. (43 Stat. 164; 8 U.S. C. 218.) ALIEN SEAMEN; LANDING OF EXCLUDED SEAMEN PROHIBITED; TEMPORARY
LANDING Seo. 19. No alien seaman excluded from admission into the United States under the immigration laws and employed on board any vessel arriving in the United States from any place outside thereof, shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure, removal, or deportation of such alien from the United States. (43 Stat. 164; 8 U. S. C. 166.) DETENTION OF SEAMEN ON BOARD VESSELS UNTIL AFTER INSPECTION;
DETENTION OR DEPORTATION; PENALTY; CLEARANCE TO VESSELS Sec. 20. (a) The owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof who fails to detain on board any alien seaman employed on such vessel until the immigration and naturalization officer in charge at the port of arrival has inspected such seaman (which inspection in all cases shall include a personal physical examination by the medical examiners), or who fails to detain such seaman on board after such inspection or to deport such seaman if required by such immigration and naturalization officer or the Attorney General to do so, shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for each alien seaman in respect of whom such failure occurs. No vessel shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs.
PRIMA FACIE EVIDENCE OF FAILURE TO DETAIN OR DEPORT (b) Proof that an alien seaman did not appear upon the outgoing manifest of the vessel on which he arrived in the United States from any place outside thereof, or that he was reported by the master of such vessel as a deserter, shall be prima facie evidence of a failure to detain or deport after requirement by the immigration and naturalization officer or the Attorney General. DEPORTATION; PROCEDURE (SECTION 32 OF THE IMMIGRATION ACT OF 1917
REPEALED, ETC.) (c) If the Attorney General finds that deportation of the alien seaman on the vessel on which he arrived would cause undue hardship to such seaman he may'cause him to be deported on another vessel at the expense of the vessel on which he arrived, and such vessel shall not be granted clearance until such expense has been paid or its payment guaranteed to the satisfaction of the Attorney General.
(d) Section 32 of the Immigration Act of 1917 is repealed, but shall remain in force as to all vessels, their owners, agents, consignees, and masters, and as to all seamen, arriving in the United States prior to the enactment of this Act. (43 Stat. 164–165; 8 U.S. C. 167 (a)-167 (c).) PREPARATION OF DOCUMENTS (REENTRY PERMITS; PRINTING, AND
DISTRIBUTION) Seo. 21. (a) Permits issued under section 10 shall be printed on distinctive safety paper and shall be prepared and issued under regulations prescribed under this Act.
BLANK FORMS OF MANIFESTS AND CREW LISTS (b) The Public Printer is authorized to print for sale to the public by the Superintendent of Public Documents, upon prepayment, additional copies of blank forms of manifests and crew Iists to be prescribed by the Attorney General pursuant to the provisions of sections 12, 13, 14, and 36 of the Immigration Act of 1917. (43 Stat. 165; 8 U.S. C. 219, 179.)
OFFENSES IN CONNECTION WITH DOCUMENTS; FORGING, COUNTERFEITING,
ETC., IMMIGRATION VISAS OR PERMITS; PENALTY SEO. 22. (a) Any person who knowingly (1) forges, counterfeits, alters, or falsely makes any immigration visa or permit, or (2) utters, uses, attempts to use, possesses, obtains, accepts, or receives any immigration visa or permit, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or who, except under direction of the Attorney General or other proper officer, knowingly (3) possesses any blank permit, (4) engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, (5) makes any print, photograph, or impression in the likeness of any immigration visa or permit, or (6) has in his possession a distinctive paper which has been adopted by the Attorney General for the printing of immigration visas or permits, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both. FALSE PERSONATION OF ANOTHER PERSON; USING ASSUMED OR FICTITIOUS
NAME; UNLAWFUL SALE, ETC., OF VISA OR PERMIT; PENALTY (b) Any individual who (1) when applying for an immigration visa or permit, or for admission to the United States, personates another or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name, or (2) sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, an immigration visa or permit, to any person not authorized by law to receive such document, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both.
FALSE STATEMENTS; PENALTY (c) Whoever knowingly makes under oath any false statement in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both. (43 Stat. 165; 8 U. S. C. 220 (a)-220 (c).) BURDEN OF PROOF UPON ALIEN AS TO ENTRY OR IN DEPORTATION
PROCEEDINGS SEC. 23. Whenever any alien attempts to enter the United States the burden of proof shall be upon such alien to establish that he is not subject to exclusion under any provision of the immigration laws; and in any deportation proceeding against any alien the burden of proof shall be upon such alien to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigration visa, if any, or of other documents concerning such entry, in the custody of the Department of Justice. (43 Stat. 165-166; 8 U. S. C. 221.)
RULES AND REGULATIONS Sec. 24. The Commissioner of Immigration and Naturalization, with the approval of the Attorney General, shall prescribe rules and regulations for the enforcement of the provisions of this Act; but all such rules and regulations, in so far as they relate to the administration of this Act by consular officers, shall be prescribed by the Secretary of State on the recommendation of the Attorney General. (43 Stat. 166; 8 U. S. C. 222.)
THIS ACT TO BE IN ADDITION TO OTHER IMMIGRATION LAWS SEC. 25. The provisions of this Act are in addition to and not in substitution for the provisions of the immigration laws, and shall be enforced as a part of such laws, and all the penal or other provisions of such laws, not inapplicable, shall apply to and be enforced in connection with the provisions of this Act. An alien, although admissible under the provisions of this Act, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this Act, and an alien, although admissible under the provisions of the immigration laws other than this Act, shall not be admitted to the United States if he is excluded by any provision of this Act. (43 Stat. 166; 8 U. S. C. 223.) STEAMSHIP FINES UNDER 1917 ACT; BRINGING IN ALIENS SUBJECT TO
DISABILITY OR AFFLICTED WITH DISEASE Sec. 26. (Amends sec. 9 of Immigration Act of 1917.] 27 (43 Stat. 166; 8 U.S. C. 145.)
PREVENTION OF UNAUTHORIZED LANDING OF ALIENS; PRIMA FACIE
PROOF OF LANDING Sec. 27. (Amends sec. 10 of Immigration Act of 1917.] 2 (43 Stat. 167; 8 U. S. C. 146.)
GENERAL DEFINITIONS Sec. 28. As used in this Act
(a) The term “United States,” when used in a geographical sense, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands; and the term "continental United States” means the States and the District of Columbia ;
(b) The term "alien” 28 includes any individual not a nativeborn or naturalized citizen of the United States, but this definition shall not be held to include Indians 80 of the United States not taxed, nor citizens of the islands under the jurisdiction of the United States; 81
(c) The term "ineligible to citizenship,” when used in reference to any individual, includes an individual who is debarred from becoming a citizen of the United States under section 2169 8 of the Revised Statutes, or under section 14 of the Act entitled "An Act to execute certain treaty stipulations relating to Chinese,” approved May 6, 1882,33 or under section 1996, 1997, or 1998 of the Revised Statūtes, as amended,84 or under section 2 of the Act entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States," approved May 18, 1917, as amended,35 or under law amendatory of, supplementary to, or in substitution for, any of such sections;
27 Included in sec. 9, Act of February 5, 1917 (39 Stat. 880–881 ; U. S. C. 145), p. 10. * Included in sec. 10, Act of February 5, 1917 (39 Stat. 881;8 U. S. C. 146), p. 11.
For other provisions covering the definition of "alien", see sec. 1, Act of Feb. 5, 1917 (39 Stat. 874 ; 8 U. 8. C. 173), p. 2, the Act of March 24, 1934 (18 U. S. C. 1238), p. 100, and secs. 101 (b), 318 (b), 503, Act of October 14, 1940 (8 U. S. C. 401 (b), 718 (b), 903), pp. 118, 119, and 121.
See footnote 3, p. 1, for statutes conferring citizenship upon Indians. n For application of Immigration Laws to citizens of the Philippine Islands see Act of March 24, 1934, as amended (48 Stat. 456, 462, 463; 53 Stat. 1230; 48 U. S. C. 1232, 1238), p. 100.
32 sec. 2169 has been supplemented and modified hy secs. 303 (as amended by the Act of Dec. 17, 1943. p. 125), 305, 401 (8), 701, and 704 of the Nationality Act of 1940. * Repealed by Act of Dec. 17, 1943, p. 125.
** Modified by Presidential Proclamation of Mar. 5. 1924, p. 601, and by sec. 401 (8) of the Nationality Act of 1940, as amended by the Act of Jan. 20, 1944, p. 414.
* Act of May 18, 1917, as amended July 9, 1918 (40 Stat. 77, 885; 8 U. $. C. 368), was repealed by Act of Feb. 11, 1931 (46 štat. 1087) and sec, 504, Act of Oct. 14, 1940 (Nationality Act of 1940), p. 410.
(d) The term “immigration visa” means an immigration visa issued by a consular officer under the provisions of this Act;
(e) The term "consular officer" means any consular or diplomatic officer of the United States designated, under regulations prescribed under this Act, for the purpose of issuing immigration visas under this Act. In case of the Canal Zone and the insular possessions of the United States the term "consular officer” (except as used in section 24) means an officer designated by the President, or by his authority, for the purpose of issuing immigration visas under this Act;
(f) The term "Immigration Act of 1917” means the Act of February 5, 1917, entitled “An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States”;
(g) The term "immigration laws” includes such Act, this Act, and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens;
(h) The term “person" includes individuals, partnerships, corporations, and associations;
(i) The term "Commissioner" means the Commissioner of Immigration and Naturalization;
(5) The term “application for admission” has reference to the application for admission to the United States and not to the application for the issuance of the immigration visa;
(k) The term “permit” means a permit issued under section 10;
(1) The term “unmarried,” when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married;
(m) The terms "child," "father,” and “mother” do not include a child or parent by adoption unless the adoption took place before January 1, 1924;
(n) The terms "wife" and "husband” do not include a wife or husband by reason of a proxy or picture marriage. (43 Stat. 168– 169; 8 U. S. C. 224.)
AUTHORIZATION OF APPROPRIATION Sec. 29. The appropriation of such sums as may be necessary for the enforcement of this Act is hereby authorized. (43 Stat. 169; 8 U. S. C. 225.) ACT OF MAY 19, 1921, IN FORCE FOR IMPOSITION, COLLECTION, AND ENFORCEMENT OF PENALTY; DEPORTATION OF ALIENS ENTERING IN VIOLATION THEREOF
SEC. 30. The Act entitled "An Act to limit the immigration of aliens into the United States," approved May 19, 1921, as amended and extended, shall, notwithstanding its expiration on June 30, 1924, remain in force thereafter for the imposition, collection, and enforcement of all penalties that may have accrued thereunder, and any alien who prior to July 1, 1924, may have entered the United States in violation of such Act or regulations made thereunder may be deported in the same manner as if such Act had not expired. (43 Stat. 169; 8 U.S. C. 229.)