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f 






I U. S. DEPARTMENT OF LABOR 

I ^ ^ W. B. WILSON, SM»«t«ry 

j, (;^),b BUREAU OF IMMIGRATION 

^C^ A. CAMINETTI, CommissioiMr General 



IMMIGRATION LAWS 4 

Act of February 5, 1917; and AcU approTed October 16, 1918 

October 19. 1918; May 10. 1920; June 5. 1920 

and December 26, 1920 



RULES OF MAY 1, 1917 

FIFTH EDITION, DECEMBER, 1920 



Amendments to Rules 4» 9» 10» 12» 22» and 31 




o 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1921 



\ 






THE IMMIGRATION ACTS. 

Note. — The immigration act of February 5, 1917, repeals the act of February 
20, 1907, the act of March 3, 1903, and all prior acts or parts of acts inconsistent 
with the new law. In the back of this pamphlet are published such portions of 
the prior acts as are not repealed by or reenacted in the act of February 5, 1917 ; 
also the act of March 2, 1907, regarding expatriation; an extract from the 
sundry civil appropriation act of March 4, 1909, the act relative to outward alien 
manifests of March 4, 1909 ; the " White-slave traffic act " of June 25, 1910 ; the 
act of August 24, 1912, providing that all charges for maintenance and return 
of Chinese shall be borne by steamship companies; the act of March 4, 1913, 
creating the Department of Labor ; and the act of March 4, 1915, " to promote 
the welfare of American seamen," etc. If necessary to refer to the old acts, 
they may be found in the United States Statutes at Large, as follows : 

Act approved March 3, 1875 : 18 Stat. L., part 3, page 477. 
Act approved August 3, 1882 : 22 Stat. L., page 214. 
Act approved June 26, 1884 (sec. 22 only) : 23 Stat. L., page 58. 
Act approved February 26, 1885 : 23 Stat. L., page 332. 
Act approved February 23, 1887 : 24 Stat. L., page 414. 
Act approved October 19, 1888 : 25 Stat. L., page 565. 
Act approved March 3, 1891 : 26 Stat. L., page 1084. 
Act approved February 15, 1893 (sec. 7) : 27 Stat. L., page 449. 
Act approved March 3, 1893 : 27 Stat. L., page 569. 
Act approved August 18, 1894 : 28 Stat. L., page 390. 
Act approved March 2, 1895 : 28 Stat. L., page 780. 
Act approved June 6, 1900 : 31 Stat. L., page 611. 
Act approved April 29, 1902 : 32 Stat. L., part 1, page 176. 
Act approved March 3, 1903 : 32 Stat. L., part 1, page 1213. 
Act approved March 22, 1904 : 33 Stat. L., part 1, page 144. 
Act approved April 28, 1904 : 33 Stat. L., part 1, page 591. 
Act approved February 3, 1905 : 33 Stat. L., part 1, page 684b 
' Act approved February 20, 1907 : 34 Stat. L., page 898. 
Act approved March 26, 1910 : 36 Stat L., page 263. 



Srp 2.? 1921 



IMMIGRATION LAWS AND RULES. 



REGULATING IM^GRATION OF AUENS TO, AND RESIDENCE OF ALIENS IN, THE 

UNITED STATES. 

^ [Act of February 5, 1917.] 

, Section 1. That the word " alien" wherever used in this act shall 
include any person not a native-born or naturalized citizen of the 
United States ; but this definition shall not be held to include Indians 
of the United States not taxed or citizens of the islands under the 
jurisdiction of the United States. That the term "United States" 

'' as used in the title as well as in the various sections of this act shall 
be construed to mean the United States, and any waters, territory, or 
>other place subject to the jurisdiction thereof, except the Isthmian 

"Canal Zone; but if any alien shall leave the Canal Zone or any 
insular possession of the United States and attempt to enter any other 

- place under the jurisdiction of the United States, nothing contained 
m this act shall be construed as permitting him to enter under any 
other conditions than those applicable to all aliens. That the term 
" seaman " as used in this act shall include every person signed on the 
ship's articles and employed in any capacity on board any vessel ar- 
rivmg in the United States from any foreign port or place. 

That this act shall be enforced in the Philippine Islands by officers 

. of the general government thereof, unless and until it is superseded 
by an act passed by the Philippine Legislature and approved by the 
I^resident of the United States to regulate immigration in the Philip- 
pine Islands as authorized in the act entitled " An act to declare the 
purpose of the people of the United States as to the future political 
status of the people of the Philippine Islands, and to provide a 
more autonomous government for those islands," approved August 
twenty-ninth, nineteen hundred and sixteen. 

Sec. 2. That there shall be levied, collected, and paid a tax of $8 
for every alien, including alien seamen regularly admitted as pro- 
vided in this act, entering the United States: Provided. That chil- 
dren under sixteen years of age who accompany their father or their 
mother shall not be subject to said tax.^ The said tax shall be paid to 
the collector of customs of the port or customs district to which said 
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 him- 
self if he does not come by a vessel, transportation line, or other con- 

* For complete list of exceptions, see Rule 1. 

3 



4 IMMIGRATION LAWS. 

vej^ance 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 to the United States is impracticable. 
The tax imposed by this section shall be a lien upon the vessel or 
other vehicle of carriage or transportation bringing such aliens to 
the United States, and shall be a debt in favor of the United States 
against the owner or owners of such vessel or other vehicle, and the 
payment of such tax may be enforced by any legal or equitable rem- 
edy. That the said tax shall not be levied on account of aliens who 
enter the United States after an uninterrupted residence of at least 
one year immediately preceding such entrance in the Dominion of 
Canada, Newfoundland, the Republic of Cuba, or the Republic of 
Mexico, for a temporary stay, nor on account of otherwise admissible 
residents of citizens of any possession of the United States, nor on 
account of aliens in transit through the United States, nor upon 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, and the Commissioner General 
of Immigration, with the approval of the Secretary of Labor, shall 
issue rules and regulations and prescribe the conditions necessary to 
prevent abuse of these exceptions : Provided^ That the Commissioner 
Greneral of Immigration, under the direction or with the approval 
of the Secretary of Labor, by agreement with transportation lines, 
as provided in section twenty-three of this act, may arrange in some 
other manner for the payment of the tax imposed by this section 
upon any or all aliens seeking admission from foreign contiguous 
territory : ^ Provided further^ That said tax, when levied upon aliens 
entering the Philippine Islands, shall be paid into the treasury of 
said islands, to be expended for the benefit of such islands : Provided 
fv/rther^ That in the cases of aliens applying for admission from 
foreign contiguous territory and rejected, the head tax collected shall 
upon application, upon a blank which shall be furnished and ex- 
plained to him, be refunded to the alien. 

Sec. 3. That the following classes of aliens shall be excluded from 
admission into the United States:^ All idiots,' imbeciles, feeble- 
minded persons, epileptics, insane persons; persons who have had 
one or more attacks of insanity at any time previously; persons of 
constitutional psychopathic inferiority; persons with chronic alco- 
holism; paupers; professional beggars; vagrants; persons afflicted 
with tuberculosis m any form or with a loathsome or dangerous 
contagious disease; persons not comprehended within any of the 
foregoing excluded classes who are found to be and are certified by 
the examining surgeon as being mentally or physically defective, 
such physical defect being of a nature which may affect the ability 
of such alien to earn a living ; ^ persons who have been convicted of 
or admit having committed a felony or other crime or misdemeanor 
involving moral turpitude; polygamists, or persons who practice 
polygamy or believe in or advocate the practice of polygamy; an- 
archists, or persons who believe in or advocate the overthrow by 
force or violence of the Government of the United States, or of all 

1 See Rules 1, 12, and 13. 

* This section enumerates all the excluded classes but two. A description of those two 
]£ found in sees. 18 (last proviso) and 23 (last proviso). 

* See Rule 17 regarding landing under bond. 



IMMIGBATION LAWS. 5 

forms of law, or who disbelieve in or are opposed to organized gov- 
ernment, or who advocate the assassination of public officials, or 
who advocate or teach the unlawful destruction of property ; persons 
who are members of or affiliated with any organization entertaining 
and teaching disbelief in or opposition to organized government, or 
who advocate or teach the duty, necessity, or propriety of the unlawful 
assaulting or killing of any officer or officers, either of specific in- 
dividuals or of officers generally, of the Government of the United 
States or of any other organized government, because of his or their 
official character, or who advocate or teach the unlawful destruction 
of property; prostitutes, or persons coming into the United States 
for the purpose of prostitution or for any other immoral purpose ; 
persons who directly or indirectly procure or attempt to procure 
or import prostitutes or persons for the purpose of prostitution or 
for any other immoral purpose; persons who are supported by or 
receive in whole or in part the proceeds of prostitution; persons 
hereinafter called contract laborers, who have been induced, assisted, 
encouraged, or solicited to migrate to this country by offers or 
promises oi employment, whether such offers or promises are true or 
raise, or in consequence of agreements, oral, written or printed, 
express or implied, to perform labor in this country of any kind, 
skilled or unskilled; persons who have come in consequence of ad- 
vertisements for laborers printed, published, or distributed in a 
foreign country ; persons likely to become a public charge : ^ persons 
who have been deported under any of the provisions of this act, 
and who may agam seek admission within one year from the date 
of such* deportation, unless prior to their reembarkation at a foreign 
port or their attempt to be admitted from foreign contiguous terri- 
tory the Secretary of Labor shall have consented to their reapplying 
for admission ; persons whose tickets or passage is paid for with the 
money of another, or who are assisted by others to come, unless it 
is affimatively and satisfactorily shown that such persons do not 
belong to one of the foregoing excluded classes ; persons whose ticket 
or passage is paid for by any corporation, association, society, munici- 
pality, or foreign Government, either directly or indirectly; stowa- 
ways, except that any such stowaway, if otherwise admissible, may be 
admitted in the discretion of the Secretary of Labor ;2 all children 
under sixteen years of age, imaccompanied by or not coming to one 
or both of their parents, except that any such children may, in the 
discretion of the Secretary or Labor, be admitted if in his opinion 
they are not likely to become a public charge and are otherwise 
eligible ; ^ unless otherwise provided for by existing treaties, persons 
who are natives of islands not possessed by the United States adja- 
cent to the continent of Asia, situate south of the twentieth parallel 
latitude north, west of the one hundred and sixtieth meridian of 
longitude east from Greenwich, and north of the tenth parallel of 
latitude south, or who are natives of any country, province, or de- 
pendency situate on the continent of Asia west of the one hundred 

1 This clause excluding aliens on the ground likely to become a public charge has been 
shifted from its position in section 2 of tlie immigration act of 1907 to its present posi- 
tion in section 3 of this act in order to indicate the intention of Congress that aliens shall 
be excluded upon said ground for economic as well as other reasons and with a view to 
overcoming the decision of the Supreme Court in Gegiow v. Uhl, 239 U. S., 3 (Senate 
Bept. 352, 64tl^ Cong., 1st sess.). See Rule 17 re?iardlng landing under bond. 

2 See Rule 7. 
«See Rule 6. 



6 IMMIGRATION LAWS. 

and tenth meridian of longitude east from Greenwich and east of the 
fiftieth meridian of longitude east from Greenwich and south of the 
fiftieth parallel of latitude north, except that portion of said terri- 
tory situate between the fiftieth and the sixty-fourth meridians of 
longitude east from Greenwich and the twenty- fourth and thirty- 
eighth parallels of latitude north, and no alien now in any way 
excluded from, or prevented from entering, the United States shall 
be admitted to the United States. The provision next foregoing, 
however, shall not apply to persons of the following status or 
occupations: Government officers, ministers or religious teachers, 
missionaries, lawyers, physicians, chemists, civil engineers, teachers, 
students, authors, artists, merchants, and travelers for curiosity or 
pleasure, nor to their legal wives or their children under sixteen 
years of age who shall accompany them or who subsequently may 
apply 'for admission to the United States, but such persons or their 
legal wives or foreign-born children who fail to maintain in the 
United States a status or occupation placing them within the ex- 
cepted classes shall be deemed to be in the United States contrary 
to law, and shall be subject to deportation as jprovided in section 
nineteen of this act.^ 

That after three months from the passage of this act,^ in addition 
to the aliens who are by law now excluded from admission into the 
United States, the following persons shall also be excluded from ad- 
mission thereto, to wit : 

All aliens over sixteen years of age, physically capable of reading, 
who can not read the English language, or some other language or 
dialect, including Hebrew or Yiddish:^ Provided^ That anjr ad- 
missible alien, or any alien heretofore or hereafter legally admitted, 
or any citizen of the United States, may bring in or send for his 
father or grandfather over fifty-five years of age, his wife, his 
mother^ his grandmother, or his unmarried or widowed daughter, if 
otherwise admissible, whether such relative can read or not; and 
such relative shall be permitted to enter. That for the purpose of 
ascertaining whether aliens can read the immigrant inspectors shall 
be furnished with slips of uniform size^ prepared under the direction 
of the Secretary of Labor, each containing not less than thirty nor 
more than forty words in ordinary use, printed in plainly legible 
type in some one of the various languages or dialects of immigrants. 
Each alien may designate the particular language or dialect in which 
he desires the examination to be made, and shall be required to read 
the words printed on the slip in such language or dialect. That the 
following classes of persons shall be exempt from the operation of 
the illiteracy test, to wit : All aliens who shall prove to the satisfac- 
tion of the proper immigration officer or to the Secretary of Labor 
that they are seeking admission to the United States to avoid re- 
ligious persecution in the country of their last permanent residence, 
whether such persecution be evidenced by overt acts or bj laws or 
governmental regulations that discriminate against the alien or the 
race to which he belongs because of his religious faith ; all aliens who 
have been lawfully admitted to the United States and who have 

1 See Rule 8. 

« The illiteracy test does not become operative until the morning of May 5, 1917. All 
other provisions of the law become operative on the morning of May 1, 1917. 
" For method of applying the reading test, see Bule 4. 



IMMIGBATION LAWS. 7 

• 

resided therein continuously for five years and who return to the 
United States within six months from the date of their departure 
therefrom; all aliens in transit through the United States ; ^ all 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: Provided^ That nothing in 
this act shall exclude, if otherwise admissible, persons convicted, or 
who admit the commission, or who teach or advocate the commis- 
sion, of an oflfense purely political : Provided jurtUer^ That the pro- 
visions of this act, relating to the payments for tickets or passage 
by any corporation, association, society, municipality, or foreign 
Government shall not apply to the tickets or passage of aliens in 
immediate and continuous transit through the United States to 
foreign contiguous territory: Provided further^ That skilled labor, 
if otherwise admissible, may be imported if labor of like kind unem- 
ployed can not be found in this country^ and the question of the 
necessity of importing such skilled labor m any particular instance 
may be determined by the Secretary of Labor upon the application 
of any person interested, such application to be made before such 
importation, and such determination by the Secretary of Labor to 
be reached after a full hearing and an investigation into the facts 
of the case: Provided further^ That the provisions of this law ap- 
plicable to contract labor shall not be held to exclude professional 
actors, artists, lecturers, singers, nurses, ministers of any religious 
denomination, professors for colleges or seminaries, persons belong- 
ing to any recognized learned profession, or persons employed as 
domestic servants : ^ Provided further^ That whenever the President 
shall be satisfied that passports issued by any foreign Government 
to its citizens or subjects to go to any country other than the United 
States, or to any insular possession of the United States or to the 
Canal Zone, are being used for the purpose of enabling the holder 
to come to the continental territory ox the United States to the 
detriment of labor conditions therein, the President shall refuse to 
permit such citizens or subjects of the country issuing such passports 
to enter the continental territory of the United States from such 
other country or from such insular possession or from the Canal 
Zone:^ Provided further^ That aliens returning after a temporary 
absence to an unrelinquished United States domicile of seven con- 
secutive years may be admitted in the discretion of the Secretary of 
Labor, and under such conditions as he may prescribe:* Provided 
fwrther^ That nothing in the contract-labor or reading-test provi- 
sions oi this act shall be construed to prevent, hinder, or restrict 
any alien exhibitor, or holder of concession or privilege for any fair 
or exposition authorized by act of Congress, from bringing into the 
United States, under contract, such otherwise admissible alien me- 
chanics, artisans, agents, or other employees, natives of his country 
as majr be necessary for installing or conducting his exhibit or for 
preparing for installing or conducting any business authorized or 
permitted under any concession or privilege which may have been 
or may be granted bv any such fair or exposition in connection there- 
with, under such rules and regulations as the Commissioner General 

1 See Rule 9. « See Rule 11. 

• See Rule 27. * See subd. 1, Rule 16. 



8 IMMIGBATION lAWS. 

• 

of Immigration, with the approval of the Secretary of Labor, may 
prescribe both as to the admission and return of such persons : ^ Pro- 
vided further^ That the Commissioner General of Immigration with 
the approval of the Secretary of Labor shall issue rules and prescribe 
conditions, including exaction of such bonds as may be necessary, to 
control and regulate the admission and return of otherwise inad- 
missible aliens applying for temporary admission : ^ Provided further. 
That nothing in this act shall be construed to apply to accredited 
officials of foreign Governments, nor to their suites, families, or 
guests. 

Seo. 4. That the importation into the United States of any alien 
for the purpose of prostitution, or for any other immoral purpose, 
is hereby forbidden; and whoever shall, directly or indirectly, im- 
port, or attempt to import into the United States any alien for the 
purpose of prostitution or for any other immoral purpose, or shall 
hold or attempt to hold any alien for any such purpose in pursuance 
of such illegal importation, or shall keep, maintain, control, support, 
employ, or harbor in any house or other place, for the purpose of 
prostitution or for any other immoral purpose, any alien, m pur- 
suance of such illegal importation, shall in every such case be deemed 
guilty of a felony, and on conviction thereof shall be punished by im- 
prisonment for a term of not more than ten years and by a fine of 
not more than $5,000. Jurisdiction for the trial and punishment of 
the felonies hereinbefore set forth shall be in any district to or into 
which said alien is brought in pursuance of said importation by 
the person or persons accused^ or in any district in which a violation 
of any of the foregoing provisions of this section occurs. That any 
alien who shall, after he has been excluded and deported or arrested 
and deported in pursuance of the provisions of this act which relate 
to prostitutes, procurers, or other like immoral persons, attempt 
thereafter to return to or to enter the United States shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be punished 
by imprisonment for a term of not more than two years. In all 
prosecutions under this section the testimony of a husband or wife 
shall be admissible and competent evidence against each other. 

Sec. 5. That it shall be unlawful for any person, company, part- 
nership, or corporation, in any manner whatsoever, to prepay the 
transportation or in any way to induce, assist, encourage, or solicit, 
or attempt to induce, assist, encourage, or solicit the importation or 
migration of any contract laborer or contract laborers into the United 
States, unless such contract laborer or contract laborers are exempted 
under the fifth proviso of section three of this act, or have been 
imported with the permission of the Secretary of Labor in accord- 
ance with the fourth proviso of said section, and for every violation 
of any of the provisions of this section the person, partnership, com- 
pany, or corporation violating the same shall forfeit and pay for 
every such offense the sum of $1,000, which may be sued for and re- 
covered by the United States as debts of like amount are now re- 
covered in the courts of the United States. For every violation of 
the provisions hereof the person violating the same may be prose- 

1 See Rule 27. 

«Bee subd. 2, Rule 16; also suM. 6, Rule 27. 



IMMIGRATION lAWS. 9 

cuted in a criminal action for a misdemeanor, and on conviction 
thereof shall be punished by a iSne of $1,000, or by imprisonment 
for a term of not less than six months nor more than two years; 
and under either the civil or the criminal procedure mentioned sepa- 
rate suits or prosecutions may be brought for each alien thus offered 
or promised employment as aforesaid. The Department of Justice, 
with the approval of the Department of Labor, may from any fines 
or penalties received pay rewards to persons other tnan Government 
employees who may rurnish information leading to the recovery of 
any such penalties, or to the arrest and punishment of any person, 
as in this section provided. 

Sec. 6. That it shall be unlawful and be deemed a violation of sec- 
tion five of this act to induce, assist, encourage, or solicit or attempt 
to induce, assist, encourage, or solicit any alien to come into the 
United States by promise of employment through advertisements 
printed, published, or distributed in any foreign country, whether 
such promise is true or false, and either the civil or criminal penalty 
or both imposed by said section shall be applicable to such a case. 

Sec. 7. That it shall be unlawful for any person, association, 
society, company, partnership, corporation^ or others engaged in 
the business of transporting aliens to or within the United States, 
including owners, masters, officers, and agents of vessels, directly or 
indirectly, by writing, printing, oral representation, payment of any 
commissions to an alien coming into the United States, allowance of 
any rebates to an alien coming into the United States^ or otherwise 
to solicit, invite, or encourage or attempt to solicit, invite, or encour- 
age any alien to come into the United States^ and anyone violating 
any provision hereof shall be subject to either the civil or the 
criminal prosecution, or both, prescribed by section five of this act ; 
or if it shall appear to the satisfaction of the Secretary of Labor 
that any owner, master, officer, or agent of a vessel has brought or 
caused to be brought to a port of the United States any alien so 
solicited, invited, or encouraged to come by such owner, master, 
officer, or agent, such owner, master, officer, or agent shall pay to the 
collector of customs of the customs district in which the port of ar- 
rival is located, or in which any vessel of the. line may be found, the 
sum of $400 for each and every such violation ; and no vessel shall be 
granted clearance pending the determination of the question of the 
liability to the payment of such fine, or while the fine imposed re- 
mains unpaid, nor shall such fine be remitted or refunded:^ Pro- 
vided^ That clearance may be granted prior to the determination of 
such questions upon the deposit with the collector of customs of a 
sum sufficient to cover such fine: Provided fv/rther^ That whenever 
it shall be shown to the satisfaction of the Secretary of Labor that 
the provisions of this section are persistently violated by or on behalf 
of any transportation company, it shall be the duty of said Secretary 
to deny to such company the privilege of landing alien immigrant 
passengers of any or all classes at United States ports for such a 
period as in his judgment may be necessary to insure an observance 
of such provisions : Provided further^ That this section shall not be 
held to prevent transportation companies from issuing letters, circu- 
lars, or advertisements, confined strictly to stating the sailing of their 

> For method of enforcing this provision, see Bule 28. 



10 IMMIGKATION lAWS. 

vessels and terms and facilities of transportation therein: Provided 
further^ That under sections five, six, and seven hereof it shall be 
presumed from the fact that any person, company, partnership, oor- 
portation, association, or society induces, assists, encourages, solicits, 
or invites, or attempts to induce, assist, encourage, solicit, or invite 
the importation, migration, or coming of an alien from a country 
foreign to the United States, that the oflfend'Cr had knowledge of such 
person's alienage. 

Sec. 8. That any person, including the master, agent, owner^ or 
consignee of any vessel, who shall bring into or land in the United 
States, by vessel or otherwise, or shall attempt, by himself or through 
another, to bring into or land in the United States, by vessel or other- 
wise, or shall conceal or harbor, or attempt to conceal or harbor, or 
assist or abet another to conceal or harbor in any place, including 
any building, vessel, railway car, conveyance^ or vehicle, any alien not 
duly admitted by an immigrant inspector or not lawfully entitled to 
enter or to reside within the United States under the terms of this 
act, shall be deemed guilty of a misdemeanor, and npon conviction 
thereof shall be punished by a fine not exceeding $2,000 and by 
imprisonment for a term not exceeding five years, for each and every 
alien so landed or brought in or attempted to be landed or brought in. 

Sec. 9.^ That it shall be unlawful for any person, including any 
transportation company other than railway lines entering the United 
States from foreign contiguous territory, or the owner, master, agent, 
or consignee of any vessel to bring to the United States either from 
a foreign country or any insular possession of the United States any 
alien afflicted with idiocy, insanity, imbecility, feeble-mindedness, 
epilepsy, constitutional psychopathic inferiority, chronic alcoholism, 
tuberculosis in any form, or a loathsome or dangerous contagious dis- 
ease, and if it shall appear to the satisfaction of the Secretary of 
Labor that any alien so brought to the United States was afflicted 
with any of the said diseases or disabilities at the time of foreign em- 
barkation, and that the existence of such disease or disability might 
have been detected by means of a competent medical examination at 
such time, such person or transportation company, or the master, 
agent, owner, or consignee of any such vessel shall pay to the collector 
of customs of the customs district in which the port of arrival is 
located the sum of $200, 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 for each and every vio- 
lation of the provisions of this section, such latter sum to be delivered 
by the collector of customs to the alien on whose account assessed. It 
shall also be unlawful for any such person to bring to anv port of 
the United States any alien afflicted with any mental defect other 
than those above specifically named, or physical defect of a nature 
which may affect his ability to earn a living, as contemplated in sec- 
tion three of this act, and if it shall appear to the satisfaction of the 
Secretary of Labor that any alien so brought to the United States 
was so afflicted at the time of foreign embarkation, and that the ex- 
istence of such mental or physical defect might have been detected 
by means of a competent medical examination at such time, such per- 
son shall pay to the collector of customs of the customs district in 

^ For method of enforcing the proyisions of this section, see Bule 28. 



IMMIGRATION LAWS. 11 

which the port of arrival is located the sum of $25, 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 ar- 
rival, tor each and every violation of his provision^ such latter simi 
to be delivered by the collector of customs to the alien for whose ac- 
count assessed. It shall also be unlawful for any such person to 
bring to any port of the United States any alien who is excluded by 
the provisions of section three of this act because unable to read, or 
who is excluded by the terms of section three of this act as a native 
of that portion of the continent of Asia and the islands adjacent 
thereto described in said section, and if it shall appear to the satis- 
faction of the Secretary of Labor that these disabilities might have 
been detected by the exercise of reasonable precaution prior to the 
departure of such aliens from a foreign port, such person shall pay 
to the collector of customs of the customs district in which the port 
of arrival is located the sum of $200, 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, for each 
and every violation of this provision, such latter sum to be delivered 
by the collector of customs to the alien on whose account assessed. 
And no vessel shall be granted clearance papers pending the determi- 
nation of the question of the liability to the payment of such fines, 
or while the fines remain unpaid, nor shall such fines be remitted or 
refunded : Provided^ That clearance may be granted prior to the de- 
termination of such questions upon the deposit of a sum sufficient 
to cover such fines: Provided further^ That nothing contained in 
this section shall be construed to subject transportation companies 
to a fine for bringing to ports of the United States aliens who are 
by any of the provisos or exceptions to section three hereof exempted 
from the excluding provisions of said section. 

Sec. 10. That it shall be the duty of every person, including own- 
ers, officers, and agents of vessels of transportation lines, or interna- 
tional bridges or toll roads, other than railway lines which may enter 
into a contract as provided in section twenty-three of this act, bring- 
ing an alien to, or providing a means for an alien to come to, any sea- 
port or land border port of the United States, to prevent the landing 
of such alien in the United States at any time or place other than as 
designated by the immigration officers, and the lailure of any such 
person, owner, officer, or agent to comply with the foregoing require- 
ments shall be deemed a misdemeanor and on conviction thereof shall 
be punished by a fine in each case of not less than $200 nor more than 
$1,000, or by imprisonment for a term not exceeding one year, or by 
both such fine and imprisonment; or, if in the opinion of the Secre- 
tary of Labor it is impracticable or inconvenient to prosecute the per- 
son, owner, master, omcer, or agent of any such vessel, a penalty of 
$1,000 shall be a lien upon the vessel whose owner, master, officer, or 
agent violates the provisions of this section, and such vessel shall be 
libeled therefor in the appropriate United States court. 

Sec. 11. That for the purpose of determining whether aliens ar- 
riving at ports of the United States belong to any of the classes ex- 
cluded by this act, either by reason of being afflicted with any of the 
diseases or mental or physical defects or disabilities mentioned in 
section three hereof, or otherwise, or whenever the Secretary of 
Labor has received information showing that any aliens are coming 



12 IMMIGRATION LAWB. 

from a country or have embarked at a place where any of said dis- 
eases are prevalent or epidemic, the Commissioner General of Im- 
migration, with the approval of the Secretary of Labor, may direct 
that such aliens shall be detained on board the vessel bringing them, 
or in a United States immigration station at the e^)ense of such 
vessel, as circumstances may require or justify, a sufficient time to 
enable the immigration officers and medical officers stationed at such 
ports to subject aliens to an observation and examination sufficient to 
determine whether or not they belong to the said excluded classes by 
reason of being afflicted in the manner indicated: Provided^ That 
with a view to avoid undue delay in landing passengers or inter- 
ference with commerce, the Commissioner General of Immigration 
may, with the approval of the Secretary of Labor, issue such regula- 
tions, not inconsistent with law, as may be deemed necessary to effect 
the purposes of this section : Provided further^ That it shall be the 
duty of immigrant inspectors to report to the Commissioner Gen- 
eral of Immigration the condition of all vessels bringing aliens to 
United States ports.^ 

Sec. 11a. That the Secretary of Labor is hereby authorized and 
directed to enter into negotiations, through the Department of State, 
with countries vessels of which brine aliens to the United States, 
with a view to detailing inspectors and matrons of the United States 
Immigration Service for duty on vessels carrying immigrant or emi- 
grant passengers between foreign ports and ports of the United 
States. When such inspectors and matrons are detailed for said 
duty they shall remain m that part of the vessel where immigrant 
passengers are carried; and it shall be their duty to observe such 
passengers during the voyage and report to the immigration authori- 
ties in charge at the port of landing any information of value in 
determining the admissibility of such passengers that may have 
become known to them during the voyage. 

Sec. 12. That upon the arrival of any alien by water at any port 
within the United States on the North American Continent from a 
foreign port or a port of the Philippine Islands, Guam, Porto Rico, 
or Hawaii, or at any port of the said insular possessions from anj 
foreign port, from a port in the United States on the North Ameri- 
can Continent, or from a port of another insular possession of the 
United States, ^ it shall be the duty of the master or commanding 
officer, owners, or consignees of the steamer, sailing, or other vessel 
having said alien on board to deliver to the immigration officers at 
the port of arrival typewritten or printed lists or manifests made at 
the time and place of embarkation of such alien on board such 
steamer or vessel, which shall, in answer to questions at the top of 
said list, contain full and accurate information as to each alien as 
follows : Full name, age, and sex ; whether married or single ; calling 
or occupation; personal description (including height, complexion, 
color of hair and eyes, and marks of identification) ; whether able to 
read or write; nationality; country of birth; race; country of last 
permanent residence; name and address of the nearest relative in the 
country from which the alien came; seaport for landing in the 
United States ; final destination, if any, beyond the port of landing ; 
^. ' — ■ — • ■ » 

«For procurement of manifests from Canadian transportation companies, see Rule 12. 



IMMIGBATION LAWS. 13 

whether having a ticket through to such final destination ; by whom 
passage was paid; whether in possession of $50, and if less, how 
much; whether going to join a relative or friend, and, if so, what 
relative or friend, and his or her name and complete address; 
whether ever before in the United States, and if so, when and where ; 
whether ever in prison or almshouse or an institution or hospital for 
the care and treatment of the insane; whether ever supported by 
charity; whether a polygamist; whether an anarchist; whether a 

{)erson who believes m or advocates the overthrow by force or vio- 
ence of the Government of the United States or of all forms of law, 
or who disbelieves in or is opposed to organized government, or who 
advocates the assassination of public officials, or who advocates or 
teaches the unlawful destruction of property, or is a member of or 
affiliated with any organization entertaining and teaching disbelief 
in or oposition to organized government, or which teaches the unlaw- 
ful destruction of property, or who advocates or teaches the duty, 
necessity, or propriety of the unlawful assaulting or killing of any 
officer or officers, either of specific individuals or of officers generally, 
of the Government of the United States or of any other organized 
government because of his or their official character; whether com- 
ing by reason of any offer, solicitation, promise, or agreement, ex- 
press or implied, to perform labor in the United States; the alien's 
condition of health, mental and physical; whether deformed or 
crippled, and if so, for how long and from what cause; whether 
coming with the intent to return to the country whence such alien 
comes after temporarily engaging in laboring pursuits in the United 
States ; and such other items of information as will aid in determin- 
ing whether any such alien belongs to any of the excluded classes 
enumerated in section three hereof; and such master or commanding 
officer, owners, or consigness shall also furnish information in rela- 
tion to the sex, age, class of travel, and the foreign port of embarka- 
tion of arriving passengers who are United States citizens. That 
it shall further be the duty of the master or commanding officer of 
every vessel taking passengers from any port of the United States 
on the North American Continent to a foreign port or a port of the 
Philippine Islands, Guam, Porto Rico, or Hawaii, or from any port 
of the said insular possessions to any foreign port, to a port of the 
United States on the North American Continent, or to a port of 
another insular possession of the United States to file with the immi- 
gration officials before departure a list which shall contain full and 
accurate information in relation to the following matters regarding 
all alien passengers, and all citizens of the United States or insular 
possesions of the United States departing with the stated intent to 
reside permanently in a foreign country, taken on board : Name, age, 
and sex; whether married or single; calling or occupation; whether 
able to read or write; nationality; country of birth; country of 
which citizen. or subject; race; last permanent residence in the 
United States or insular possessions thereof; if a citizen of the 
United States or of the insular possessions thereof, whether native 
bom or naturalized ; if native born, the place and date of birth, or if 
naturalized the city or town in which naturalization has been had ; 
intended future permanent residence; and time and port of last 
arrival in the United States, or insular possessions thereof ; and such 
master or commanding officer shall also furnish information in rela- 



14 IMMIGRATION LAWS. 

tion to the sex, age, class of travel, and port or debarkation of the 
United States citizens departing who do not intend to reside per- 
manently in a foreign country, and no master of any such vessel 
shall be granted clearance papers for his vessel until he has deposited 
such list or lists with the immigration officials at the port of depar- 
ture and made oath that thej are full and complete as to the name 
and other information herein required concerning each person of 
the classes specified taken on board his vessel ; and any neglect or 
omission to comply with the requirements of this section shall be 
punishable as provided in section fourteen of this act: Provided y 
That in the case of vessels making regular trips to ports of the 
United States the Commissioner General of Immigration, with the 
approval of the Secretary of Labor, may, when expedient, arrange 
for the delivery of such lists of outgoing aliens at a later date: 
Provided further^ That it shall be the duty of immigration officials 
to record the following information regarding every resident alien 
and citizen leaving the United States by way of the Canadian or 
Mexican borders for permanent residence in a foreign country: 
Name, age, and sex; whether married or single; calling or occupa- 
tion; whether able to read or write; nationality; country of birth; 
country of which citizen or subject; race; last permanent residence 
in the United States ; intended future permanent residence ; and time 
and port of last arrival in the United States ; and if a United States 
citizen, whether native born or naturalized. 

Sec. 13. That all aliens arriving by water at the ports of the United 
States shall be listed in convenient groups, the names of those coming 
from the same locality to be assembled so far as practicable, and no 
one list or manifest shall contain more than thirty names. To each 
alien or head of a family shall be given a ticket on which shall be 
written his name, a number or letter designating the list in which 
his name and other items of information required by this act are 
contained, and his number on said list, for convenience of identifica- 
tion on arrival. Each list or manifest shall be verified by the signa- 
ture and the oath or affirmation of the master or commanding officer, 
or the first or second below him in command, taken before an immi- 
gration officer at the port of arrival, to the effect that he has caused 
the surgeon of said vessel sailing therewith to make a physical and 
mental examination of each of said aliens, and that from the report 
of said surgeon and from his own investigation he believes that no 
one of said aliens is of any of the classes excluded from admission 
into the United States by section three of this act, and that also 
according to the best of his knowledge and belief the information in 
said lists or manifests concerning each of said aliens named therein 
is correct and true in every respect. That the surgeon of said vessel 
sailing therewith shall also sign each of said lists or manifests and 
make oath or affirmation in like manner before an immigration officer 
at the port of arrival, stating his professional experience and qualifi- 
cations as a physician and surgeon, and that he has made a personal 
examination of each of the said aliens named therein, and that the 
said list or manifest, according to the best of his knowledge and 
belief, is full, correct, and true in all particulars relative to the 
mental and pnysical condition of said aliens. If no surgeon sails 
with any vessel bringing aliens, the mental and physical examinations 
and the verifications of the lists or manifests shall be made by some 



IMMIGRATION LAWS. 16 

competent surgeon employed by the owners of the said vessels, and 
the manifests shall be verified by such surgeon before a United States 
consular officer or other officer autiiorized to administer oaths: Pro- 
vided^ That if any changes in the condition of such aliens occur or 
develop during the voyage of the vessel on which they are traveling, 
such changes shall be noted on the manifest before the verification 
thereof.^ 

Sec. 14.^ That it shall be unlawful for the master or commanding 
officer of any vessel bringing aliens into or carrying aliens out of 
the United States to refuse or fail to deliver to the immigration 
officials the accurate and full manifests or statements or informa- 
tion regarding all aliens on board or taken on board such vessel 
required by this act, and if it shall appear to the satisfaction of the 
Secretary of Labor that there has been such a refusal or failure, 
or that the lists delivered are not accurate .and full, such master 
or commanding officer shall pay to the collector of customs at the 
port of arrival or departure the sum of $10 for each alien concem- 
mg whom such accurate and full manifest or statement or informa- 
tion is not furnished^ or concerning whom the manifest or state- 
ment or information is not prepared and sworn to as prescribed by 
this act. No vessel shall be granted clearance pending the deter- 
mination of the question of the liability to the payment of such 
fine, or while it remains unpaid, nor shall such fine be remitted or 
refunded: Provided^ That clearance may be panted prior to the 
determination of such question upon the deposit with the collector 
of customs of a sum sufficient to cover such fine. 

Sec. 15. That upon the arrival at a port of the United States of 
any vessel bringing aliens it shall be the duty of the proper immigra- 
tion officials to go or to send competent assistants to the vessel and 
there inspect all such aliens, or said immigration officials may order a 
temporary removal of such aliens for examination at a designated 
time and place, but such temporary removal shall not be considered 
a landing, nor shall it relieve vessels, the transportation Unes, masters, 
agents, owners, or consignees of the vessel upon which said aliens are 
brought to any port of the United States from any of the obligations 
which, in case such aliens remain on board, would under the pro- 
visions of this act bind the said vessels, transportation lines, masters, 
agents, owners, or consignees: Provided^ That where removal is 
made to premises owned or controlled by the United States, said 
vessels, transportation lines, masters, agents, owners, or consignees, 
and each of them, shall, so long as detention there lasts, be relieved 
of responsibility for the safekeeping of such aliens. Whenever a 
temporary removal of aliens is ma(£ the vessels or transportation 
lines which brought them and the masters, owners, agents, and 
consignees of the vessel upon which they arrive shall pay all ex- 
penses of such removal and all expenses arising during subsequent 
detention, pending decision on the aliens' eligibility to enter the 
United States and until they are either allowed to land or returned 
to the care of the line or to the vessel which brought them, such 
expenses to include those of maintenance, medical treatment in hos- 
pital or elsewhere, burial in the event of death, and transfer to the 
vessel in the event of deportation, excepting only where they arise 

^,,1, I,, , , I 11 I I - - — 1 ■ ^ 

1 See Rule 2. 

< For method of enforcing this section, see Rule 28. 



16 IMMIGKATION LAWS. 

under the terms of any of the provisos of section eighteen hereof. 
Any refusal or failure to comply with the provisions hereof shall 
be punished in the manner specified in section eighteen of this act.^ 
Sec. 16. That the physical and mental examination of all arriving 
aliens shall be made by medical officers of the United States Public 
Health Service who shall have had at least two years' experience in 
the practice of their profession since receiving the degree of doctor 
of medicine, and who shall conduct all medical examinations and 
shall certify, for the information of the immigration officers and the 
boards of special inquiry hereinafter provided for, any and all physi- 
cal and mental defects or diseases observed by said medical officers in 
any such alien; or, should medical officers of the United States 
Public Health Service be not available, civil surgeons of not less than 
four years' professional experience may be employed in such emer- 
gency for such service upon such terms as may be prescribed by the 
Commissioner General of Immigration, under the direction or with 
the approval of the Secretary of Labor. All aliens arriving at ports 
of the United States shall be examined by not less than two such medi- 
cal officers at the discretion of the Secretary of Labor, and under such 
administrative regulations as he may prescribe and under medical 
regulations prepared by the Surgeon General of the United States 
Public Health Service. Medical officers of the United States Public 
Health Service who have had especial training in the diagnosis of 
insanity and mental defects shall be detailed lor duty or employed 
at all ports of entry designated by the Secretary of Labor, and such 
medical officers shall be provided with suitable facilities for the de- 
tention and examination of all arriving aliens in whom insanity or 
mental defect is suspected, and the services of interpreters shall be 
provided for such examination. Any alien certified for insanity or 
mental defect may appeal to the board of medical officers of the 
United States Public Health Service, which shall be convened by the 
Surgeon General of the United States Public Health Service, and 
said alien may introduce before such board one expert medical wit- 
ness at his own cost and expense. That the inspection, other than 
the physical and mental examination, of aliens, including those seek- 
ing admission or readmission to or the privilege of passing through 
or residing in the United States, and the examination of aliens 
arrested within the United States under this act, shall be conducted 
by immigrant inspectors, except as hereinafter provided in regard to 
boards or special mquiry. All aliens arriving at ports of the United 
States shall be examined by at least two immigrant inspectors at the 
discretion of the Secretary of Labor and under such regulations as 
he may prescribe.^ Immigrant inspectors are hereby authorized and 
empowered to board and search for aliens any vessel, railway car, or 
any other conveyance, or vehicle in which they believe aliens are be- 
ing brought into the United States. Said inspectors shall have power 
to administer oaths ^ and to take and consider evidence touching the 
right of any alien to enter, reenter, pass through, or reside in the 
United States, and, where such action may be necessary, to make a 

1 For method of enforcing this section, see Rule 28. 

«See subd. 1, Rule 3. 

"When such officials are detailed to investigate frauds or attempts to defraud the Gov- 
ernment, or any irregularity or misconduct of any officer or agent of the United States, 
sec. 183 R. S., as amended by the act approved Feb. 13, 1911 (36 Stat L.» 898), should 
be relied upon for authority to administer oaths to witnesses. 



IMMIGRA.TION lAWB. 17 

written record of such evidence; and any person to whom such an 
oath has been administered, under the provisions of this act, who 
shall knowingly or willfully give false evidence or swear to any false 
statement in any way affecting or in relation to the right of anj^ alien 
to admission, or readmission to, or to pass through, or to reside in 
the United States shall be deemed guilty of perjuiy and be punished 
as provided by section one hundred and twenty-nve of the act ap- 
proved March fourth, nineteen hundred and nine, entitled "An act 
to codify, revise, and amend the penal laws of the United States." 
All aliens coming to the United States shall be required to state 
under oath the purposes for which they come, the length of time they 
intend to remain in the United States, whether or not they intend 
to abide in the United States permanently and become citizens 
thereof, and such other items of information regarding themselves 
us will aid the immigration officials in determining whether they 
belong to any of the excluded classes enumerated m section three 
hereof. Any commissioner of immigration or inspector in charge 
shall also have power to require by subpc&na the attendance and tes- 
timony of witnesses before said inspectors and the production of 
books, papers, and documents touching the right of any alien to enter, 
reenter, reside in, or pass through the United States, and to that end 
may invoke the aid of any court of the United States ; and any dis- 
trict court within the jurisdiction of which investigations are being 
conducted by an immigrant inspector may, in the event of neglect 
or refusal to respond to a subpcena issued by any commissioner of 
immigration or inspector in charge or refusal to testify before said 
immigrant inspector, issue an order requiring such person to appear 
before said immigrant inspector, produce books, papers, and dxxju- 
ments if demanded, and testify ; and any failure to obey such order 
of the court may be punished by the court as a contempt thereof.^ 
That any person, including employees, officials, or agents of trans^ 
portation companies, who shall assault, resist, prevent, impede, or 
interfere with any immigration official or employee in the perform- 
ance of his duty under this act shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be punished by imprison- 
ment for a term of not more than one year, cfr by a fine of nc5b more 
than $2,000, or both; and any person who shall use any deadly or 
dangerous weapon in resisting any immigration official or employee 
in the performance of his duty shall be deemed guilty of a felony 
and shall, on conviction thereof, be punished by imprisonment for 
not more than ten years. Every alien ..no may not appear to the 
examining immigrant inspector at the port of arrival to be clearly 
and beyond a doubt entitled to land shall be detained for examina- 
tion in relation thereto by a board of special inquiry. In the event 
of rejection by the board of special inquiry, in all cases where an 
appeal to the Secretary of Labor is permitted by this act, the alien 
shall be so informed and shall have the right to be represented by 
counsel or other adviser on such appeal. The decision of an immi- 
grant inspector, if favorable to the admission of any alien, shall be 
subject to challenge by any other immigrant inspe<;tor, and such chal- 

1 See Rule 24. 
26370°— 21 2 



18 IMMIGRATION LAWS. 

lenge shall operate to take the alien whose right to land is so chal- 
lenged before a board of special inquiry for its investigation. 

Sec. 17.^ That boards of special inquiry shall be appointed by the 
commissioner of immigration or inspector in charge at the various 
ports of arrival as may be necessary for the prompt determination 
of all cases of immigrants detained at such ports under the provisions 
of the law. Each board shall consist of three members, who shall 
be selected from such of the immigrant officials in the service as the 
Commissioner General of Immigration, with the approval of the 
Secretary of Labor, shall from time to time designate as qualified to 
serve on such boards. When in the opinion of the Secretary of Labor 
the maintenance of a permanent board of special inquiry for service 
at any sea or land border port is not warranted, regularly constituted 
boards may be detailed from other stations for temporary service at 
such port, or, if that be impracticable, the Secretary of Labor shall 
authorize the creation of boards of special inquiry oy the immigra- 
tion officials in charge at such ports, and shall determine what Gov- 
ernment officials or other persons shall be eligible for service on such 
boards. Such boards shall have authority to determine whether an 
alien who has been duly held shall be allowed to land or shall be 
deported. All hearings before such boards shall be separate and 
apart from the public, but the immigrant may have one friend or 
relative present under such regulations as may be prescribed by the 
Secretary of Labor. Such boards shall keep a complete permanent 
record of their proceedings and of all such testimony as may be 
produced before them; and the decisions of any two members or the 
board shall prevail, but either the alien or any dissenting member of 
the said board may appeal through the commissioner of immigration 
at the port of arrival and the Commissioner General of Immigration 
to the Secretary of Labor, and the taking of such appeal shall operate 
to stay any action in regard to the final disposal of any alien whose 
case is so appealed until the receipt by the commissioner of immigra- 
tion at the port of arrival of such decision which shall be rendered 
solely upon the evidence adduced before the board of special inquiry.* 
In every case where an alien is excluded from admission into the 
United States, under any law or treaty now existing or hereafter 
made, the decision of a board of special mquiry adverse to the admis- 
sion of such alien shall be final, unless reversed on appeal to the 
Secretary of Labor: Provided^ That the decision of a board of spe- 
cial inquiry shall be based unon the certificate of the examining medi- 
cal officer and, except as pr-: -:»ed in section twenty-one hereof, shall 
be final as to the rejection of aliens affected with tuberculosis in any 
form or with a loathsome or dangerous contagious disease, or witn 
any mental or physical disability which would bring such aliens 
within any of the classes excluded frcMn admission U> the United 
States under section three of this act. 

Sec. 18. That all aliens brought to this country in violation of law 
shall be immediately sent back, in accommodations of the same class 
in which they arrived, to the country whence they respectively came, 
on the vessels bringing them, unless in the opinion of the Secretary 
of Labor immediate deportation is not practicable or proper. The 



■^ 



^For detailed provisions regarding boards, see Rule 15* 
* For procedure under this provision, see Rule 17. 



IMMIGRATION LA.WS. 19 

cost of their maintenance while on land, as well as the expense of the 
return of such aliens, shall be borne by the owner or owners of the 
vessels on which they respectively came. That it shall be unlawful 
for any master, purser, person in charge, agent, owner, or consignee 
of any such vessel to reruse to receive back on board thereof, or on 
board of any other vessel owned or operated by the same interests, 
such aliens ; or to fail to detain them thereon ; or to refuse or fail to 
return them in the manner aforesaid to the foreign port from which 
they came; or to fail to pay the cost of their maintenance while on 
land ; or to make any charge for the return of any such alien, or to 
take any securitv for the payment of such charge; or to take any 
consideration to be returned in case the alien is landed ; or knowingly 
to bring to the United States at any time within one year from the 
date of deportation any alien rejected or arrested and deported under 
any provision of this act, unless prior to reembarkation the Secre- 
tary of Labor has consented that such alien shall reapply for admis- 
sion, as required by section three hereof; and if it shall appear to the 
satisfaction of the Secretary of Labor that such master, purser, per- 
son in charge, agent, owner, or consignee has violated any of the fore- 
going provisions, or any of the provisions of section fifteen hereof, 
such master, purser, person in charge, agent, owner, or consignee 
shall pay to the collector of customs of the district in which the port 
of arrival is located, or in which any vessel of the line may be found, 
the sum of $300 for each and every violation of any provision of said 
sections; and no vessel shall have clearance from any port of the 
United States while any such fine is unpaid, nor shall such fine be re- 
mitted or refunded : ^ Provided^ That clearance may be granted prior 
to the determination of such question upon the deposit with the col- 
lector of customs of a sum sufficient to cover such fine. If the vessel 
by which any alien ordered deported came has left the United States 
and it is impracticable for any reason to deport the alien within a 
reasonable time by another vessel owned by the same interests, the 
cost of deportation may be paid by the Government and recovered by 
civil suit from any agent, owner, or consignee of the vessel : Provided 
fv/rthery That the Commissioner General of Immigration, with the 
approval of the Secretary of Labor, may suspend, upon conditions to 
be prescribed by the Commissioner General of Immigration, the de- 
portation of any aliens found to have come in violation of any pro- 
vision of this act if, in his judgment, the testimony of such alien is 
necessary on behalf of the TJnited States Government in the prosecu- 
tion of offenders against any provision of this act or other laws of 
the United States; ^ and the cost of maintenance of any person so de- 
tained resulting from such suspension of deportation, and a witness 
fee in the sum of $1 per day for each day such person is so detained, 
may be paid from the appropriation for the enforcement of this act, 
or such alien may be released under bond, in the penalty of not less 
than $500, with security approved by the Secretary of Labor, condi- 
tioned that such alien shall be produced when required as a witness 
and for deportation. No alien certified, as provided in section six- 
teen of this act, to be suffering from tuberculosis in any form, or 
from a loathsome or dangerous contagious disease other than one of 
quarantinable nature, shall be permitted to land for medical treat- 

1 * For method of enforcing, see Rule 28. • See Rule 25. 



20 IMMIGRATION LAWS. 

ment thereof in any hospital in the United States, unless the Secre« 
tary of Labor is satisfied that to refuse treatment would be inhumane 
or cause unusual hardship or suffering, in which case the alien shall 
be treated in the hospital under the supervision of the immigration 
officials at the expense of the vessel transporting him : ^ Provided fur- 
ther^ That upon the certificate of an examining medical officer to the 
effect that the health or safety of an insane alien would be unduly 
imperiled by immediate deportation, such alien may, at the expense 
of the appropriation for the enforcement of this act, be held for 
treatment until such time as such alien may, in the opinion of such 
medical officer, be safely deported : Provided further^ That upon the 
certificate of an examining medical officer to the effect that a re- 
jected alien is helpless from sickness, mental or physical disability, 
or infancy, if such alien is accompanied by another alien whose pro- 
tection or guardianship is required by such rejected alien, such ac- 
companying alien may also be excluded, and the master, agent, owner, 
or consignee of the vessel in which such alien and accompanying 
alien are brought shall be required to return said alien and accom- 
panying alien m the same manner as vessels are required to return 
other rejected aliens. ^ 

Sec. 19.^ That at any time within five years after entry, any alien 
who at the time of entry was a member of one or more of the classes 
excluded by law; any alien who shall have entered or who shall 
be found in the United States in violation of this act, or in violation 
of any other law of the United States ; * any alien who at any time 
after entry shall be found advocating or teaching the unlawful 
destruction of property, or advocating or teaching anarchy, or the 
overthrow by force or violence of the Government of the United 
States or of all forms of law or the assassination of public officials ; 
any alien who within five years after entry becomes a public charge 
from causes not affirmatively shown to have arisen subsequent to 
landing; except as hereinafter provided, any alien who is hereafter 
sentenced to imprisonment for a term of one year or more because 
of conviction in this country of a crime involving moral turpitude, 
committed within five years after the entry of the alien to the United 
States, or who is hereafter sentenced more than once to such a term 
of imprisonment because of conviction in this country of any crime 
involving moral turpitude, committed at any time after entry ; any 
alien who shall be found an inmate of or connected with the manage- 
ment of a house of prostitution or practicing prostitution after such 
alien shall have entered the United States, or who shall receive, 
share in, or derive benefit from any part of the earnings of any 
prostitute ; any alien who manages or is employed by, in, or in con- 
nection with any house of prostitution or music or dance hall or 
other place of amusement or resort habitually frequented hj prosti- 
tutes, or where prostitutes gather, or who in any way assists anj 
prostitute or protects or promises to protect from arrest any prosti- 
tute; any alien who shall import or attempt to import any person 
for the purpose of prostitution or for any other immoral purpose: 
any alien who, after being excluded and deported or arrested and 

1 See Rule 19. 

* See Rule 5. 

* For method of enforcing, see Rule 22. 

* The latter part of this provision relates to Chinese entering or found in the United 
States in violation of the Chinese-exclusion laws. (S. Rept 852, 64th Cong., 1st sess.) 



IMMIGRATION LAWS, 21 

deported as a prostitute, or as a procurer, or as having been con- 
nected with the business of prostitution or importation for prostitu- 
tion or other immoral purposes in any of the ways hereinbefore 
specified, shall return to and enter the United States ; any alien con- 
victed and imprisoned for a violation of any of the provisions of 
section four hereof; any alien who was convicted, or who admits 
the commission, prior to entry^ of a felony or other crime or mis- 
demeanor involving moral turpitude ; at any time within three years 
after entry, any alien who shall have entered the United States by 
water at any time or place other than as designated by immigration 
officials, or by land at any place other than one designated as a port 
of entry for aliens by the Commissioner General of Immigration^ 
or at any time not designated by immigration officials, or who enters 
without inspection, shall, upon the warrant of the Secretary of 
Labor, be taken into custody and deported : Provided^ That the mar- 
riage to an American citizen of a female of the sexually immoral 
classes the exclusion or deportation of which is prescribed by this 
act shall not invest such female with United States citizenship if 
the marriage of such alien female shall be solemnized after her 
arrest or after the commission of acts which make her liable to de- 
portation imder this act: Provided fv/rtlier^ That the provision of 
this section respecting the deportation of aliens convicted of a crime 
involving moral turpitude shall not apply to one who has been 
pardoned, nor shall such deportation be made or directed if the 
court, or judge thereof, sentencing such alien for such crime shall, 
at the time of imposing judgment or passing sentence or within 
thirty days thereafter, due notice having first been given to repre- 
sentatives of the State, make a recommendation to the Secretary of 
Labor that such alien shall not be deported in pursuance of this act ; 
nor shall any alien convicted as aforesaid be deported until after 
the termination of his imprisonment: Provided further^ That the 
provisions of this section, with the exceptions hereinbeiore noted, 
shall be applicable to the classes of aliens therein mentioned irre- 
spective or the time of their entry into the United States : Provided 
further. That the provisions of this section shall also apply to the 
cases or aliens who come to the mainland of the United States from 
the insular possessions thereof: Provided further^ That any person 
who shall be arrested under the provisions of this section, on the 
^ound that he has entered or been foimd in the United States in 
violation of any other law thereof which imposes on such person the 
burden of proving his right to enter or remain^ and who shall fail to 
establish the existence of the right claimed, shall be deported to the 
place specified in such other law.^ In every case where any person is 
ordered deported from the United States under the provisions of 
this act, or of any law or treaty, the decision of the Secretary of 
Labor shall be final. 

Sec. 20. That the deportation of aliens provided for in this act 
shall, at the option of the Secretary of Labor, be to the country 
whence they came or to the foreign port at which such aliens em- 
barked for the United States; or, if such embarkation was for 
foreign contiguous territory, to the foreign port at which they em- 

*Thi8 provision relates to Chinese entering or found in the United States in violation 
of the Chinese-exclusion laws. (S. Kept. 852, 64th Cong., 1st sess.) 



22 IMMIGRATION LAWS. 

barked for such territory; or, if such aliens entered foreign con- 
tiguous territory from the United States and later entered the 
United States, or if such aliens are held by the country from which 
they entered the United States not to be subjects or citizens of such 
country, and such country refuses to permit their reentry, or imposes 
any condition upon permitting reentry, then to the country of which 
such aliens are subjects or citizens, or to the country in which they 
resided prior to entering the country from which they entered the 
United States. If deportation proceedings are instituted at any time 
within five years after the entry of the alien, such deportation, in- 
cluding one-half of the entire cost of removal to the port of deporta- 
tion, shall be at the expense of the contractor, procurer, or other 
person by whom the alien was unlawfully induced to enter the 
United States, or, if that can not be done, then the cost of removal 
to the port of deportation shall be at the expense of the appropria- 
tion for the enforcement of this act, and the deportation from such 
port shall be at the expense of the owner or owners of such vessels 
or transportation line by which such aliens respectively came, or, if 
that is not practicable, at the expense of the appropriation for the 
enforcement of this act. If deportation proceedings are instituted 
later than five years after the entry of the alien, or, if the deporta- 
tion is made by reason of causes arising subsequent to entry, the cost 
thereof shall be payable from the appropriation for the enforcement 
of this act. A failure or refusal on the part of the masters, agents, 
owners, or consignees of vessels to comply with the order of the Sec- 
retary of Labor to take on board, guard safely, and transport to the 
destination specified any alien ordered to be deported under the pro- 
visions of this act shall be punished by the imposition of the penal- 
ties prescribed in section eighteen of this act : ^ Provided^ That when 
in the opinion of the Secretary of Labor the mental or physical con- 
dition of such alien is such as to require personal care and attend- 
ance, the said Secretary shall when necessary employ a suitable per- 
son for that purpose, who shall accompany such alien to his or her 
final destination, and the expense incident to such service shall be 
defrayed in the same manner as the expense of deporting the accom- 
panied alien is defrayed.^ Pending the final disposal of the case of 
any alien so taken into custody, he may be released under a bond in 
the penalty of not less than $500 with security aproved by the Sec- 
retary of Labor, conditioned that such alien shall be produced when 
required for a hearing or hearings in regard to the charge upon 
which he has been taken into custody, and for deportation if he shall 
be found to be unlawfully within the United States. 

Sec. 21.^ That any alien liable to be excluded because likely to 
become a public charge or because of physical disability other than 
tuberculosis in any form or a loathsome or dangerous contagious 
disease may, if otherwise admissible, nevertheless be admitted in the 
discretion of the Secretary of Labor upon the giving of a suitable 
and proper bond or undertaking, approved by said Secretary, in 
such amount and containing such conditions as he may prescribe, to 
the United States and to all States, Territories, counties, towns, 
municipalities, and districts thereof, holding the United States and 

1 See Rule 28. 

2 See Rule 23. 

« For method of enforcing provisions of this section, see Rule 17. 



IMMIGBATION LA.WS. 23 

all States, Territories, counties, towns, municipalitieSj and districts 
thereof harmless against such alien becoming a public charge. In 
lieu of such bond, such alien may deposit in cash with the Secretary 
of Labor such amount as the Secretary of Labor may require, whicn 
amount shall be deposited by said Secretary in the United States 
Postal Savings Bank, a receipt therefor to tie given the person fur- 
nishing said sum showing the fact and object of its receipt and such 
other information as said Secretary may deem advisable. All accru- 
ing interest on said deposit during the time same shall be held in the 
United States Postal Savings Bank shall be paid to the person fur- 
nishing the sum for deposit. In the event of such alien becoming a 
public charge, the Secretary of Labor shall dispose of said deposit 
m the same manner as if same had been collected under a bond as 
provided in this section. In the event of the permanent departure 
from the United States, the naturalization, or the death of such 
alien, the said sum shall be returned to the person by whom fur- 
nished, or to his legal representatives. The admission of such alien 
shall be a consideration for the giving of such bond, undertaking, 
or cash deposit. Suit may be brought thereon in the name and by 
the proper law oflScers either of the United States Government or of 
any State, Territory, District, county, town, or municipality in which 
such alien becomes a public charge. 

Sec. 22.^ That whenever an alien shall have been naturalized or 
shall have taken up his permanent residence in this country, and 
thereafter shall send for his wife or minor children to join him, and 
said wife or any of said minor children shall be found to be affected 
with any contagious disorder, such wife or minor children shall be 
held, under such regulations as the Secretary of Labor shall pre- 
scribe, until it shall be determined whether the disorder will be easily 
-curable or whether they can be permitted to land without danger to 
other persons; and they shall not be either admitted or deported 
until such facts have been ascertained ; and 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 the treatment, 
they may be accorded treatment in hospital until cured and then be 
tidmitted, or if it shall be determined that they can be permitted to 
land without danger to other persons, they may, if otherwise admis- 
sible, thereupon be admitted : Provided^ That if the person sending 
for wife or minor children is naturalized, a wife to whom married 
or a minor child born subsequent to such husband or father's 
naturalization shall be admitted without detention for treatment in 
hospital, and with respect to a wife to whom married or a minor 
<jhild born prior to such husband or father's naturalization the 
provisions of this section shall be observed, even though such person 
IS unable to pay the expense of treatment, in which case the expense 
shall be paid from the appropriation for the enforcement of this act. 

Sec. 23. That the Commissioner General of Immigration shall per- 
form all his duties under the direction of the Secretary of Labor. 
Under such direction he shall have charge of the administration of 
all laws relating to the immigration of aliens into the United States, 
and shall have the control, direction, and supervision of all officers, 
clerks, and employees appointed thereunder; he shall establish such 



JM. 



*For method of enforcing, see Rule 19. 



24 IMMIGRATION lAWS. 

rules and regulations, prescribe such forms of bond, reports, entries, 
and other papers, and shall issue from time to time such instructions 
not inconsistent with law, as he shall deem best calculated for carry- 
ing out the provisions of this act and for protecting the United 
Ste.tes and aliens migrating thereto from fraud and loss, and shall 
have authority to enter into contract for the support and relief of 
such aliens as may fall into distress or need public aid, and to remove 
to their native country, at any time within three years after entry, 
at the expense of the appropriations for the enforcement of this act, 
such as fall into distress or need public aid from causes arising sub- 
sequent to their entry and are desirous of being so removed ; he shall 
prescribe rules for the entry and inspection or aliens coming to the 
United States from or through Canada and Mexico, so as not un- 
necessarily to delay, impede, or annoy persons in ordinary travel 
between trie United States and said countries, and shall have power 
to enter into contracts with transportation lines for the said purpose.^ 
It shall be the duty of the Commissioner General of Immigration to 
detail oflScers of the Immigration Service from time to time as may 
be necessary, in his judgment, to secure information as to the number 
of aliens detained in the penal, reformatory, and charitable institu- 
tions (public and private) of the several States and Territories, the 
District of Columbia, and other territory of the United States, and to 
inform the officers of such institutions of the provisions of law in 
relation to the deportation of aliens who have become public charges. 
He may, with the approval of the Secretary of Labor, whenever in 
his judgment such action may be necessary to accomplish the pur- 
poses of this act, detail immigration officers for service in foreign 
coimtries; and, upon his request, approved by the Secretary of Labor, 
the Secretary of the Treasury may detail medical officers of the 
United States Public Health Service for the performance of duties 
in forei^ countries in connection with the enforcement of this act. 
The duties of commissioners of immigration and other immigration 
officials in charge of districts, ports, or stations shall be of an admin- 
istrative character, to be prescribed in detail by regulations prepared 
under the direction or with the approval of the Secretary of Labor : 
Provided^ That no person, company, or transportation line engaged 
in carrying alien passengers for hire from Canada or Mexico to the 
United States, whether by land or water, shall be allowed to land any 
such passengers in the United States without providing suitable and 
approved landing stations, conveniently located, at the point or points 
of entry .^ The Commissioner General of Immi^ation is hereby au- 
thorized and empowered to prescribe the conditions, not inconsistent 
with law, under which the above-mentioned landing stations shall be 
deemed suitable within the meaning of this section. Any person, 
company, or transportation line landing an alien passenger in the 
United States without compliance with the requirement herein set 
forth shall be deemed to have violated section eight of this act, and 
upon conviction shall be subject to the penalty therein prescribed : 
Provided fwrther^ That for the purpose of makinff effective the pro- 
visions of this section relating to the protection of aliens from fraud 
and loss, and also the provisions of section thirty of this act, relating 
to the distribution of aliens, the Secretary of Labor shall establish 

1 See Rules 12 and 13. 



IMMIGRATION LAWS. 25 

and maintain immigrant stations at such interior places as may be 
necessary, and, in the discretion of the said Secretary, aliens in 
transit from ports of landing to such interior stations shall be accom- 
panied by immigrant inspectors : Provided fv/rther^ That in prescrib- 
ing rules and making contracts for the entry and inspection of aliens 
applying for admission from or through foreign contiguous territory, 
due care shall be exercised to avoid any discriminatory action in 
favor of foreign transportation companies transporting to such terri- 
tory 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 territorv 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 
applj;;ing for admission from foreign contiguous territorv shall be 

Permitted to enter the United States unless upon proving that he was 
rought 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. 
Sec. 24. That immigrant inspectors and other immigration officers, 
clerks, and employees shall hereafter be appointed and their compen- 
sation fixed and raised or decreased from time to time by the Sec- 
retary of Labor, upon the recommendation of the Commissioner 
General of Immigration and in accordance with the provisions of 
the civil-service act of January sixteenth, eighteen hundred and 
eighty-three: Provided^ That said Secretary, in the enforcement of 
that portion of this act which excludes contract laborers and induced 
and assisted immigrants, may employ, for such purposes and for 
detail upon additional service under this act when not so engaged, 
without reference to the provisions of the said civil-service act, or to 
the various acts relative to the compilation of the Official Register, 
such persons as he may deem advisable and from time to time fix, 
raise, or decrease their compensation. He may draw annually from 
the appropriation for the enforcement of this act $100,000, or as 
much thereof as may be necessary, to be expended for the salaries 
and expenses of persons so employed and for expenses incident to 
such employment; and the accounting officers of the Treasury shall 
pass to the credit of the proper disbursing officer expenditures from 
said sum without itemized account whenever the Secretary of Labor 
certifies that an itemized account would not be for the best interests 
of the Government : Provided further^ That nothing herein contained 
shall be construed to alter the mode of appointing commissioners of 
immigration at the several ports of the United States as provided by 
the sundry civil appropriation act approved August eighteenth, 
eighteen hundred and ninety-four, or the official status of such com- 
missioners heretofore appointed. 

Sec. 25. That the district courts of the United States are hereby 
invested with full jurisdiction of all causes, civil and criminal, arising 
under any of the provisions of this act. That it shall be the duty of 
the United States district attorney of the proper district to prosecute 
every such suit when brought by the United States under this act. 
Such prosecutions or suits may be instituted at any place in the 



26 IMMIGRATION LAWS. 

United States at which the violation may occur or at which the per- 
son charged with such violation may be found. That no suit or 
proceeding for a violation of the provisions of this act shall be set- 
tled, compromised, or discontinued without the consent of the court 
in which it is pending, entered of record, with the reasons therefor. 

Sec. 26. That all exclusive privileges oi exchanging money, trans- 
porting passengers or baggage, or Keeping eating houses, and all 
other like privileges in connection with any United States immigrant 
station, shall be disposed of to the lowest responsible and capable 
bidder, after public competition, notice of such competitive bidding 
having been made in two newspapers of ^neral circulation for a 
period of two weeks, subject to such conditions and limitations as 
the Commissioner General of Immigration, under the direction or 
with the approval of the Secretary of Labor, may prescribe, and all 
receipts accruing from the disposal of privileges shall be paid into 
the Treasury of the United States. No such contract shall be awarded 
to an alien. No intoxicating liquors shall be sold at any such immi- 
gration station. 

Sec. 27. That for the preservation of the peace and in order that 
arrests may be made for crimes under the laws of the States and 
Territories of the United States where the various immigrant sta- 
tions are located, the officers in charge of such stations, as occasion 
may require, shall admit therein the proper State and municipal 
officers charged with the enforcement of such laws, and for the pur- 
pose of this section the jurisdiction of such officers and of the local 
courts shall extend over such stations. 

Sec. 28. That any person who knowingly aids or assists any an- 
archist or any person who believes in or advocates the overthrow 
by force or violence of the Government of the United States, or who 
disbelieves in or is opposed to organized government, or all forms 
of law, or who advocates the assassination of public officialsj or who 
is a member of or affiliated with any organization entertaining or 
teaching disbelief in or opposition to organized government, or who 
advocates or teaches the duty, necessity, or propriety of the unlawful 
assaulting or killing of any officer or officers, either of specific indi- 
viduals or of officers generally, of the Government of the United 
States or of any other organized government, because of his or their 
official character, to enter the United States, or who connives or 
conspires with any person or persons to allow, procure, or permit 
any such anarchist or person aforesaid to enter therein, shall be 
deemed guilty of a felony, and on conviction thereof shall be pun- 
ished by a fine of not more than $5,000 or by imprisonment for not 
more than five years, or both. 

Any person who knowingly aids or assists any alien who advocates 
or teaches the unlawful destruction of property to enter the United 
States shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be punished by a fine of not more than $1,000, or by 
imprisonment for not more than six months, or by both such fine and 
imprisonment. 

Sec. 29. That the President of the United States is authorized, 
in the name of the Government of the United States, to call, in his 
discretion, an international conference, to assemble at such point as 
may be agreed upon, or to send special commissioners to any foreign 
coimtry, for the purpose of regulating by international agreement. 



IMMIGRATION lAWS. 27 

subject to the advice and consent of the Senate of the United States, 
the immigration of ahens to the United States; of providing for 
the mental, moral, and physical examination of such aliens by ASneri- 
can consuls or other officers of the United States Government at the 
ports of embarkation, or elsewhere; of securing the assistance of 
foreign Governments in their own territories to prevent the evasion 
of the laws of the United States goyeming immigration to the 
United States; of entering into such international agreements as 
may be proper to prevent the immigration of aliens who, under the 
laws of the United States, are or may be excluded from entering the 
United States, and of regulating any matters pertaining to such 
immigration. 

Sec. 30. That there shall be maintained a division of information 
in the Bureau of Immigration; and the Secretary of Labor shall 
provide such clerical and other assistance as may be necessary. It 
shall be the duty of said division to promote a beneficial distribution 
of aliens admitted into the United States among the several States 
and Territories desiring immigration. Corresi)ondence shall be had 
with the proper officials of the States and Territories, and said divi- 
sion shall gather from all available sources useful information re- 
garding the resources, products, and physical characteristics of each 
State and Territory, and shall publish such information in different 
languages and distribute the publications among all admitted aliens 
at the immigrant stations of the United States and to such other 
persons as majr desire the same. When any State or Territory ap- 
points and maintains an agent or agents to represent it at any of 
the immigrant stations of the United States, such agents shall, under 
regulations prescribed by the Commissioner General of Immigration, 
subject to the approval of the Secretary of Labor, have access to 
aliens who have oeen admitted to the United States for the purpose 
of presenting, either orally or in writing, the special inducements 
offered by such State or Territory to aliens to settle therein. While 
on duty at any immi^ant station such agents shall be subject to all 
the regulations prescribed by the Commissioner General of Immigra- 
tion, who, with the approval of the Secretary of Labor, mav, for 
violation of any such regulations, deny to the agent guilty or such 
violation any of the privileges herein granted. 

Sec. 31.^ That any person, including the owner, agent, consignee, 
or master of any vessel arriving in the United States from any 
foreign port or place, who shall knowingly sign on the ship's articles, 
or bring to the United States as one of the crew of such vessel, any 
alien, with intent to permit such alien to land in the United States 
in violation of the laws and treaties of the United States regulating 
the immigration of aliens, or who shall falsely and knowingly repre- 
sent to the immigration authorities at the port of arrival that any 
such alien is a bona fide member of the crew, shall be liable to a 
penalty not exceeding $5,000, for which sum the said vessel shall 
be liable and may be seized and proceeded against by way of libel in 
any district court of the United States having jurisdiction of the 
offense. 

Sec. 32. That no alien excluded from admission into the United 
States by any law, convention, or treaty of the United States regu- 

1 For method of enforcing sees. 31 and 36, see Rule 10. 



28 IMMIGBATION LAWS. 

lating the immigration of aliens, and employed on board any vessel 
arrivmg in the United States from any foreign port or place, shall 
be permitted to land in the United States, except temporarily for 
medical treatment, or pursuant to re^ilations prescribed by the Sec- 
retary of Labor providing for the ultimate removal or deportation of 
such alien from the United States, and the negligent failure of the 
owner, agent, consignee, or master of such vessel to detain on board 
any such alien after notice in writing by the immigration officer in 
charge at the port of arrival, and to deport such alien^ if required 
by such immigration officer or by the Secretary of Labor, shall render 
such owner, agent, consignee, or master liable to a penalty not ex- 
ceeding $1,000, for which sum the said vessel shall be liable, and may 
be seized and proceeded against by way of libel in any district court 
of the United States having jurisdiction of the offense. 

Sec. 33. That it shall be unlawful and be deemed a violation of the 
preceding section to pay off or discharge any alien employed on board 
any vessel arriving in the United States from any foreign port or 
place, unless duly admitted pursuant to the laws and treaties of the 
United States regulating the immigration of aliens : Provided^ That 
in case any such alien intends to reship on board any other vessel 
bound to any foreign port. or place, he shall be allowed to land for 
the purpose of so reshipping, under such regulations as the Secre- 
tary of Labor may prescribe, to prevent aliens not admissible under 
any law, convention, or treaty from remaining permanently in the 
United States, and may be paid off, discharged, and permitted to 
remove his effects, anything in such laws or treaties or in this act 
to the contrary notwithstanding, provided due notice of such pro- 
posed action be given by the master or the seaman himself to the 
principal immigration officer in charge at the port of arrival. 

Sec. 34. That any alien seaman who shall land in a port of the 
United States contrary to the provisions of this act shall be deemed 
to be unlawfully in the United States, and shall, at any time within 
three years thereafter, upon the warrant of the Secretary of Labor, 
be taken into custody and brought before a board of special inquiry 
for examination as to his qualifications for admission to the United 
States, and if not admitted said alien seaman shall be deported at 
the expense of the appropriation for this act as provided in section 
twenty of this act. 

Sec. 35.^ That it shall be unlawful for any vessel carrying passen- 
gers between a port of the United States and a port of a loreign 
country, upon arrival in the United States, to have on board em- 
ployed thereon any alien afflicted with idiocy, imbecility, insanity, 
epilepsy, tuberculosis in any form, or a loathsome or dangerous con- 
tagious disease, if it appears to the satisfaction of the Secretary of 
Labor, from an examination made by a medical officer of the United 
States Public Health Service, and is so certified by such officer, that 
any such alien was so afflicted at the time he was shipped or engaged 
and taken on board such vessel and that the existence of such afflic- 
tion might have been detected by means of a competent medical 
examination at such time; and for every such alien so afflicted on 
board any such vessel at the time of arrival the owner, agent, con- 
signee, or master thereof shall pay to the collector of customs of the 

'^^^^^^^■^^■M^^ I - — - - - — ■■■■_-■■ , , HIMM^ 

1 For method of enforcing, see Eule 28, 



IMMIGRATION lAWS. 29 

customs district in which the port of arrival is located the sum of 
$50, and pending departure of the vessel the alien shall be detained 
and treated in hospital under supervision of immigration officials at 
the expense of the vessel; and no vessel shall be granted clearance 
pending the determination of the question of the liability to the 
payment of such fine and while it remains unpaid: Provided^ That 
clearance may be granted prior to the determination of such ques- 
tion upon the deposit of a sum sufficient to cover such fine : Provided 
fwrther^ That such fine may, in the discretion of the Secretary of 
Labor, be mitigated or remitted.^ 

Sec. 36.2 That upon arrival of any vessel in the United States from 
any foreign port or place it shall be the duty of the owner, agent, 
consignee, or master thereof to deliver to the principal immigration 
officer in charge of the port of arrival lists containing the names of 
all aliens employed on such vessel, stating the positions they respec- 
tively hold in the ship's company, when and where they were 
respectively shipped or engaged, and specifying those to be paid off 
and discharged m the port of arrival; or lists containing so much 
of such information as the Secretary of Labor shall by regulation 
prescribe; and after the arrival of any such vessel it shall be the 
duty of such owner, agent, consignee, or master to report to such 
immigration officer, in writing, as soon as discovered, all cases in 
which any such alien has illegally landed from the vessel, giving a 
description of such alien, together with any information likely to 
lead to his apprehension ; and before the departure of any such vessel 
it shall be the duty of such owner, agent, consignee, or master to 
deliver to such immigration officer a further list containing the 
names of all alien employees who were not employed thereon at the 
time of the arrival but who will leave port thereon at the time of 
her departure, and also the names of those, if any, who have been 
paid off and discharged, and of those, if any, who have deserted 
or landed ; and in case of the failure of such owner, agent, consignee, 
or master so to deUver either of the said lists of such aliens arriving 
and departing, respectively, or so to report such cases of desertion 
or landing, such owner, agent, consignee, or master shall, if required 
by the Secretary of Labor, pay to the collector of customs of the 
customs district in which the port of arrival is located the sum of 
$10 for each alien concerning whom correct lists are not delivered 
or a true report is not made as above required; and no such vessel 
shall be granted clearance pending the determination of the question 
of the liability to the payment of such fine, and, in the event such 
fine is imposed, while it remains unpaid ; nor shall such fine be remit- 
ted or refunded: Provided^ That clearance may be granted prior 
to the determination of such question upon deposit of a sum sufficient 
to cover such fine. 

Sec. 37. That the word " person " as used in this act shall be con- 
strued to import both plural and the singular, as the case may be, and 
shall include corporations, companies, and associations. When con- 
struing and enforcing the provisions of this act, the act, omission, 
or failure of any director, officer, agent, or employee of any corpora- 
tion, company, or association acting within the scope of his employ- 
ment or office shall in every case be deemed to be the act, omission, 

* Treatment in hospital of diseased seamen. See act approved Dec. 26, 1920. 
2 fqj. method of enforcing, see Rule 28. 



80 IMMIGRATION LAWS. 

or failure of such corporation, company, or association, as well as 
that of the person acting for or in behalf of such corporation, com- 
pany, or association. 

Sec. 38. That this act, except as otherwise provided in section 
three, shall take effect and be enforced on and after May first, nine- 
teen hundred and seventeen. The act of March twenty-sixth, nine- 
teen hundred and ten, amending the act of February twentieth, 
nineteen hundred and seven, to regulate the immigration of aliens 
into the United States; the act of February twentieth, nineteen 
hundred and seven, to regulate the immigration of aliens into the 
United States, except section thirty- four thereof; the act of March 
third, nineteen himdred and three, to regulate the immigration of 
aliens into the United States, except section thirty-four thereof; 
and all other acts and parts of act inconsistent with this act are 
hereby repealed on and after the taking effect of this act : Provided j 
That this act shall not be construed to repeal, alter, or amend exist- 
ing laws relating to the immigration or exclusion of Chinese persons 
or persons of Chinese descent, except as provided in section mneteen 
hereof, nor to repeal, alter, or amend section six, chapter four hun- 
dred and fifty-three, third session Fifty-eighth Congress, approved 
February sixth, nineteen hundred and five, nor to repeal, alter, or 
amend the act approved August second, eighteen hundred and 
eighty-two, entitled "An act to regulate the carriage of passengers 
by sea," and amendments thereto, except as provided in section eleven 
hereof: Provided further^ That nothing contained in this act shall 
be construed to anect any prosecution, suitj action, or proceedings 
brought, or any act, thing, or matter, civil or c^^iminal, done or 
existing at the time of the taking effect of this act, except as men- 
tioned m the third proviso of section nineteen hereof; but as to all 
such prosecutions, suits, actions, proceedings, acts, things, or matters, 
the laws or parts of laws repealed or amended by this act are hereby 
continued in force and effect. 

Champ Clark, 
Speciker of the House of Representatives. 

Thos. R. Marshall, 
Vice President of the United States and 

President of the Senate. 



In the House of Eepresentatives 

of the United States, 

Fehrucary i, 1917. 

The President of the United States having returned to the House 
of Eepresentatives, in which it originated, the bill (H. E. 10384) " To 
regulate the immigration of aliens to, and the residence of aliens in, 
the United States," with his objections thereto, the House proceeded 
in pursuance of the Constitution to reconsider the same; and, 

Eesolved, That the said bill pass, two-thirds of the House o{ Eep- 
resentatives agreeing to pass the same. 

Attest: South Trimble, 

Clerk. 



IMMIGRATION LAWS. 31 

In the Senate of the United States, 

February 5, 1917. 

The Senate havinff proceeded, in pursuance of the Constitution, to 
reconsider the bill (H. R. 10384) entitled "An Act to* regulate the 
immigration of aliens to, and the residence of aliens in, the United 
States," returned to the House of Eepresentatives by the President 
of the United States, with his objections, and sent bv the House of 
Representatives to the Senate with the message of the President 
returning the bill. 

Resolved, That the bill do pass, two-thirds of the Senate agreeing 
to pass the same. 

Attest: James M. Baker, 

Secretary, 

ACT APPROTED OCTOBER 16, 1918, AS AMENDED BY THE ACT 

APPROTED JUNE 5, 1920. 

Be it endcted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That section 1 of 
the act entitled "An act to exclude and expel from the United States 
aliens who are members of the anarchistic and similar classes," 
approved October 16, 1918, is amended to read as follows: 

That the foUowing aUens shall be excluded from admission into the United 
States : 

(a) Aliens who are anarchists; 

( 6 ) Aliens who advise, advocate, or teach, or who are members of or affiliated 
with any organization, association, society, or group, that advises, advocates, or 
teaches, opi)Osition to aU organized government; * 

(c) Aliens who believe in, advise, advocate, or teach, or who are members of 
or affiliated with any organization, association, society, or group, that believes 
in, advises, advocates, or teaches: (1) the overthrow by force or violence of 
the Government of the United States or of all forms of law, or (2) the duty, 
necessity, or propriety of the unlawful assaulting or killing of any officer or 
officers (either of specific individuals or of officers generally) of the Govern- 
ment of the United States or of any other organized government, because of his 
or their official character, or (3) the unlawful damage, injury, or destruction 
of property, or (4) sabotage; 

id) Aliens who write, publish, or cause to be written or published, or who 
knowingly circulate, distribute, print, or display, or knowingly cause to be 
circulated, distributed, printed, published, or displayed, or who knowingly have 
in their possession for the purpose of circulation, distribution, publication, or 
display, any written or printed matter, advising, advocating, or teaching oppo- 
sition to all organized government, or advising, advocating, or teaching: (1) the 
overthrow by force or violence of the Government of the United States or of all 
forms of law, or (2) the duty, necessity or propriety of the unlawful assaulting 
or killing of any officer or officers (either of specific individuals or of officers 
generally) of the Government of the United States or of any other organized 
government, or (3) the unlawful damage, injury, or destruction of property, 
or (4) sabotage; 

(e) AUens who are members of or affiliated with any organization, associa* 
tion, society, or group, that writes, circulates, distributes, prints, publishes, or 
displays, or causes to be written, circulated, distributed, printed, published, or 
displayed, or that has in its possession for the purpose of circulation, distribu- 
tion, publication, issue, or display, any written or printed matter of the char- 
acter described tn subdivision (d). 

For the purpose of this section: (1) the giving, loaning, or promising of 
money or anything of value to be used for the advising, advocacy, or teaching 
of any doctrine above enumerated shall constitute the advising, advocacy, or 
teaching of such doctri^e; and (2) the giving, loaning, or promising of money 
or anything of value to any organization, association, society, or group of the 
character above described shall constitute affiliation therewith; but nothing in 
this paragraph shall be taken as an exclusive definition of advising, advocacy, 
teaching, or affiliation. 



i 



32 IMMIGRATION LAWS. 

Sec. 2. That any alien who, at any time after entering the United 
States, is found to have been at the time of entry, or to have become 
thereafter, a member of any one of the classes of aliens enmnerated 
in section one of this act, shall, upon the warrant of the Secretary 
of Labor, be taken into custody and deported in the manner provided 
in the immigration act of February fifth, nineteen hundred and seven- 
teen. The provisions of this section shall be applicable to the classes 
of aliens mentioned in this act irrespective of the time of their entry 
into the United States. 

Sec. 3. That any alien who shall, after he has been excluded and 
deported or arrested and deported in pursuance of the provisions of 
this act, thereafter return to or enter the United States or attempt 
to return to or to enter the United States shall be deemed guilty of a 
felony, and upon conviction thereof shall be punished by imprison- 
ment for a term of not more than five years; and shall, upon the termi- 
nation of such imprisonment, be taken into custody, upon the warrant 
of the Secretary of Labor, and deported in the manner provided in the 
immigration act of February fifth, nineteen hundred and seventeen. 

JOINT RESOLUTION OF OCTOBER 19, 1918. 

Joint Resolution Authorizing the readmission to the United States of certain 
aliens who have been conscripted or have volunteered for service with the 
military forces of the United States or cobelligerent forces. 

Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled^ That, notwithstanding the 
provisit)ns of section three of the immigration Act of February fifth, 
nineteen hundred and seventeen, excluding from the United States 
aliens who are likely to become a public charge, or who are physically 
defective, or who are contract laborers, or who have come in conse- 
quence of advertisements for labor printed, published, or distributed 
in a foreign country, or who are assisted by others to come, or whose 
ticket or passage is paid for with the money of another, or by any 
corporation, association, society, municipality, or foreign govern- 
ment, or who are stowaways, or who are illiterate, aliens lawfully 
resident in the United States when heretofore or hereafter enlisted or 
conscripted for the military or naval service of the United States, or 
of any one of the nations cobelligerent of the United States in the 
present war; and aliens lawfullv resident in the United States who 
have enlisted for service with Czecho-Slovak, Polish, or other inde- 
pendent forces attached to the United States Army or to the army 
or navy of any one of the cobelligerents of the United States in the 
present war, who may during or within one year after the termination 
of the war apply for readmission to this country, after being honor- 
ably discharged or granted furlough abroad by the proper military 
or naval authorities, or after being rejected on final examination in 
connection with their enlistment or conscription shall, within two 
years after the termination of the war, be readmitted ; and that any 
alien of either of the foregoing descriptions who would otherwise be 
excluded under said section oi the immigration Act on the ground 
that he is idiotic, imbecile, feeble-minded, epileptic, insane, or has 
had one or more attacks of insanity, or on the ground that he is 
afflicted with constitutional psychopathic inferiority, tuberculosis, 
a loathsome or dangerous contagious disease, or mental defect, shall 



IMMIGRATION LAWS. 33 

be readmitted if it is proved that the disability was acquired while 
the alien was serving in the military or naval forces of the United 
States or of any one of the nations cobelligerent of the United States 
in the present war or in an independent force of the kind herein- 
before described, if such alien returns to a port of the United States 
within two years after the termination of the- war ; and that the head 
tax provided in the immigration Act of February fifth, nineteen 
hundred and seventeen, shall not be collected from aliens readmitted 
into the United States under the provisions of this resolution. 

Approved October 19, 1918. 

AN ACT TO DEPORT CERTAIN UNDESIRABLE ALIENS AND TO DENT 

BEADMISSION TO THOSE DEPORTED. 

Be it enacted hy the Senate and House of Revresentaiives of the 
United States of America in Congress asserlibled^ That aliens of the 
following classes, in addition to those for whose expulsion from the 
United States provision is made in the existing law, shall, upon the 
warrant of the Secretary of Labor, be taken into his custody and de- 
ported in the manner provided in sections 19 and 20 of 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," if the 
Secretary of Labor, after hearing, finds that such aliens are unde- 
sirable residents of the United States, to wit: 

(1) All aliens who are now interned under section 4067 of the 
Revised Statutes of the United States and the proclamations issued 
by the President in pursuance of said section under date of April 6, 
1917, November 16, 1917, December 11, 1917, and April 19, 1918, 
respectively. 

(2) All aliens who since August 1, 1914, have been or may here- 
after be convicted of any violation or conspiracy to violate any of 
the following acts or parts of acts, the judgment on such conviction 
having become final, namely : 

{a) An act entitled "An act to punish acts of interference with the 
foreign relations, the neutrality, and the foreign commerce of the 
United States, to punish espionage, and better to enforce the criminal 
laws of the United States, and for other purposes," approved June 
16, 1917, or the amendment thereof approved May 16, 1918 ; 

(&) An act entitled "An act to prohibit the manufacture, distribu- 
tion, storage, use, and possession in time of war of explosives, pro- 
viding regulations for the safe manufacture, distribution, storage, 
use, and possession of the same, and for other purposes," approved 
October 6, 1917; 

((?) An act entitled "An act to prevent in time of war departure 
from and entry into the United States contrary to the public safety," 
approved May 22, 1918 ; 

{d) An act entitled "An act to punish the willful injury or de- 
struction of war material or of war premises or utilities used in 
connection with war material, and for other purposes," approved 
April 20, 1918 ; 

{e) An act entitled "An act to authorize the President to increase 
temporarily the Military Establishment of the United States," ap- 
proved May 18, 1917, or any amendment thereof or supplement 
thereto ; 

26370**— 21 3 



34 IMMIGKATION LAWS. 

(/) An act entitled "An act to punish persons who make threats 
against the President of the United States," approved February 14, 
1917 ; 

(g) An act entitled "An act to define, regulate, and punish trading 
with the enemy, and for other purposes," approved October 6, 1917, 
or any amendment thereof; 

(h) Section 6 of the Penal Code of the United States. 

(3) AH aliens who have been or may hereafter be convicted of 
any offense against section 13 of the said Pwial Code committed dur- 
ing the period of August 1, 1914, to April 6, 1917, or of a conspiracy 
occurring within said period to commit an offense under said section 
13, or of any offense committed during said period against the act 
entitled "An act to protect trade and commerce a^mst unlawful 
restraints and monopolies," approved July 2, 1890, in aid of a bel- 
ligerent in the European war. 

Sec. 2. That in every case in which any such alien is ordered ex- 
pelled or excluded from the United States under the provisions of 
this act the decision of the Secretary of Labor shall be final. 

Sec. 3. That in addition to the aliens who are by law now excluded 
from admission into the United States all persons who shall be ex- 
pelled under any of the provisions of this act shall also be excluded 
from readmission. 

Approved May 10, 1920. 

AN ACT APPROTED JUNE 6, 1920. 

An Act To amend section 3 of an act entitled "An act to regulate the immigra- 
tion of aliens to, and the residence of aliens in, the United States," approved 
February 5, 1917. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemoled^ That section 3 of an 
act entitled "An act to regulate the immigration of aliens to, and the 
residence of aliens in, the United States," approved February 5, 1917, 
is hereby amended by adding at the end thereof the following: 

Provided further, That an alien who can not read may, if otherwise admis- 
sible, be admitted if, within five years after this act becomes law, a citizen of 
the United States who has served in the military or naval forces of the United 
States during the war with the Imperial German Government, requests that 
such alien be admitted, and with the approval of the Secretary of Labor, mar- 
ries such alien at a United States immigration station. 

Approved June 5, 1920. 

AN ACT TO PROTIDE FOR THE TREATMENT IN HOSPITAL OF 

DISEASED ALIEN SEAMEN. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assenibUd^ That alien seamen 
found on arrival in ports of the United States to be afflicted with any 
of the disabilities or diseases mentioned in section 35 of 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," shall be 
placed in a hospital designated by the immigration official in charge 
at the port of arrival and treated, all expenses connected therewith, 
including burial in the event of death, to be borne by the owner, 
agent, consignee, or master of the vessel, and not to be deducted from 



IMMIGRATION LAWS. 35 

the seamen's wages, and no such vessel shall be granted clearance 
until such expenses are paid or their payment appropriately guaran- 
teed and the collector of customs so notified by the immigration, 
official in charge : Provided^ That alien seamen suspected of being 
afflicted with any such disability or disease may be removed from the 
vessel on which they arrive to an immigration station or other appro- 
priate place for such observation as will enable the examining sur- 
geons definitely to determine whether or not they are so afflicted, all 
expenses connected therewith to be borne in the manner hereinbefore 
prescribed : Provided further^ That in cases in which it shall appear 
to the satisfaction of the immigration official in charge that it will 
not be possible within a reasonable time to effect a cure, the returiL 
of the alien seamen shall be enforced on or at the expense of the 
vessel on which they came, upon such conditions as the Commissioner 
General of Immigration, with the approval of the Secretary of Labor^ 
shall prescribe, to insure that the aliens shall be properlv cared for 
and protected, and that the spread of contagion shall be guarded 
against. 

Approved December 26, 1920. 



jM THE UNITED STATES, WITH CERTAIN EXCEPHONS. 

f ot included in barred zone.) 




IMMIGRATION RULES OF MAY 1, 1917. 

SCOPE OF THE LAW. 

The act entitled "An act to regulate the immigration of aliens to, 
and the residence of aliens in, the United States," passed February 
6, 1917, is the immigration act or law referred to in the following 
rules.^ 

It applies to and is to be enforced in every part of the United 
States and every place possessed by the United States except the 
Isthmian Canal Zone. It is enforced by the Bureau of Immigration 
and the Immigration Service in every such place except the Philip- 
pine Islands, where it is enforced by the "officers of the general 
government thereof." But under the provisions of the act persons 
who are not citizens of the United States, or citizens of the insular 
possessions, coming from the insular possessions to the mainland or 
proceeding from one insular possession to another, must undergo 
examination under each and every provision of the act. Hawaii is 
a Territory, not an insular possession. 

For the purposes of the act citizens of islands under the jurisdic- 
tion of the United States are regarded as though citizens of the 
United States ; all other persons who are not native born or natural- 
ized citizens of this country, except untaxed United States Indians, 
are aliens under the terms or the act. (Sec. 1.) 

Rale 1. COLLECTION OF HEAD TAX.* 

Subdivision 1. Notice to collector, — ^Upon the arrival of aliens at 
a seaport of the United States or at any designated port of entry on 
the Mexican border,* the immigration officer there in charge shall 
certify to the collector of customs the number of such aliens other 
than those described in subdivision 3 hereof, together with the name 
of the transportation agent or other person responsible for the pay- 
ment of head tax due in respect of them, and shall specify : 

{a) How many of said aliens have been held for special inquiry; 

(6) How many, other than such as are covered by paragraph {g) 
of subdivision 3 hereof, claim to enter for the purpose of passing in 
transit through the United States;* 

{c) How many make unsupported claims to American citizen- 
ship; 

1 All numbered sections mentioned in the rules refer to those of said act unless stated 
to the contrary. 

•With respect to collection of head tax on account of aliens coming from or through 
Canada, see also Rule 12. 

•See Rule 13. 

« Tourists are included in this class. An alien may enter and leave the United States 
by the same port and still be an " in transit " passenger. 

37 



38 IMMIGRATION RULES. 

(d) How many make unsupported claims to being accompanied 
children under 16 years of age; 

(e) How many claim to be entering, for temporary stay, after an. 
uninterrupted residence of at least one year in Canada, Newfound- 
land, Mexico, or Cuba. This exemption shall not be lost merely be- 
cause, instead of entering the United States from one of the countries 
named, the aliens come by way of some other foreign country in 
which they have sojourned temporarily. 

Thereupon the collector of customs shall forthwith collect a tax 
of $8 for each alien so certified. 

SuBD. 2. Special deposits and refunds. — (a) Collections pertaining 
to passengers of classes (a), (6), (<?), (ti?),and (e), above referred to, 
shall be held on special deposit ; to be refunded as to such of the first 
as are deported ; as to such of the second as are shown by the sub- 
mission of proof upon the form provided for that purpose,^ or in 
the manner prescribed in paragraph (c) or paragraph (d) hereof, 
within 90 days of the time of entry, to have left the United States 
within 60 days of the time of entry; as to such of the third as are 
promptly shown to the satisfaction of the immigration officer in 
charge, and in any event within 90 days of the time of entry, to be 
American citizens f as to such of the lourth as are promptly shown 
to the satisfaction of the immigration officer in charge, and in any 
event within 90 days of the time of entry, to be accompanied chil- 
dren under 16 years of age ; and as to such of the fifth as are promptly 
shown to the satisfaction of said immigration officer, and in anyevent 
within seven months of the time of entry, to have left the United 
States within six months of the time of entry. Collections not so re- 
funded shall be accounted for in the regular maimer and covered into 
the Treasury. When proof of departure as to class (6), or proof of 
American citizenship or age and relationship, as to classes (c) and 
(d) , respectively, is not submitted until after 90 days from the time 
of entry and proof of departure as to class (e) is not submitted until 
after seven months of the time of entry refund will not be allowed. 

(&) Applications for refund of head tax erroneously collected will 
not be considered by the bureau if presented after 90 days from the 
time of entry.* 

(c) Transportation companies may secure refund of head tax de- 
posited on account of aliens in transit upon proving departure by 
furnishing, within the time fixed herein, to the immigration official 
in charge at the port of initial ingress, where the head tax is de- 
posited, a coupon containing a "transit manifest," detached in 
regular course of the use thereof from the alien's railroad ticket, 
and showing that the alien passed through and out of the United 
States as required in this rule. 

(d) In isolated cases, such as those in which aliens in transit pur- 
chase the tickets on which they travel through the United States after 

^Form 514. 

3 This plan regarding those who claim to be exempt as American citizens, but who are 
unable to prove citizenship at the time of application for admission, should be followed 
whether such person is manifested as an alien, is omitted from the manifest, or is noted 
on the manifest as a citizen of the United States. In doubtful cases the tax should be 
certified to the " special deposit account," rather tlian as " regular head tax," pending the 
determination of the question at issue. 

* Refund of head tax covered into the Treasury can not be made by the bureau after the 
appropriation for the expenses of regulating immigration for the fiscal year has been 
exhausted. See also in this connection the act of Feb. 3, 1905, and footnote thereto 
(post, p. 82). 



IMMIGKATION KXJIiBS. 39 

landing in this country, such tickets not containing the coupon men- 
tioned in the preceding paragraph, secondary evidence, under oath, 
of departure from the United States within the period prescribed in 
this rule shall be accepted by the immigration officer in charge at the 
initial port of ingress if such evidence shows convincingly that the 
alien left the United States within the prescribedperiod. 

SuBD. 3. Other exemptions from head tax, — ^Tne head tax shall 
not be levied in respect of the loUowing classes of aliens : 

{a) Diplomatic and consular officers and other accredited officials 
of foreign governments, their suites, families, and guests, for what- 
soever purpose they come; 

(6) Children under 16 years of age who accompany their father 
or mother and whose relationship and age are establisned ; 

{c) Aliens whose legal domicile or bona fide residence was in 
Canada, Newfoundland, Cuba, or Mexico for at least one year im- 
mediately preceding entry ^ and who enter the United States from 
one of those countries for a temporary period in no instance ex- 
ceeding six months; this exemption shall not be lost merely by rea- 
son of temporary absences of short duration from such countries.^ 

{d) Aliens who have been lawfully admitted to the United States 
ana who later shall go in transit from one part of the United States 
to another through foreign contiguous territory. 

{e) Aliens who, starting from a port of the United States, return 
thereto after a continuous sea trip or cruise without change of vessel. 

(/) Aliens who habitually cross and recross the land boundaries, 
and who hold the identification card prescribed by subdivision 9 of 
Eule 12 and subdivision 3 of Eule 13. 

{g) Aliens in transit through the United States under the ar- 
rangement specified in subdivision 2 of Eule 9. 

{h) Aliens 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 six 
months. 

{i) Citizens and alien residents of the Philippine Islands or of 
the Virgin Islands of the United States. 

SuBD. 4. Guamrv^ Porto Rico^ and Hawaii. — ^Hereafter head tax 
shall be collected, with exceptions hereinbefore noted, on account of 
aliens entering or reentering Guam, Porto Kico, or Hawaii, only at 
ports of those islands. On account of aliens admitted to those islands 
without payment of head tax between July 1, 1907, and May 1, 1917, 
coming to the mainland on or after the latter date, head tax in the 
sum of $4 per capita shall be collected at the continental port of 
arrival. But head tax shall not be collected on account of aliens who 
come to the mainland from those places who show that they reached 
there prior to July 1, 1907, or subsequent to April 30, 1917,^ nor 
upon citizens of said islands, nor upon alien residents of Porto Rico 
returning from the Virgin Islands after a visit thereto. 

*Form 594. 

' Opinion Solicitor Department of Commerce and Labor, Oct. 30, 1907. 

> Form 546, used under the former law, may be adapted to this purpose 



40 IMMIGRATION BTJLES. 

SuBD. 5. Seamen. — Head tax shall be collected on " seamen regu- 
larly admitted" (sec. 2). "Regularly admitted" means admitted 
in accordance with Rule 10.* 

Bole 2. MANIFESTS. 

Subdivision 1. How to he written. — ^AU manifests must be type- 
written or printed in the English language (sec. 12). For purposes 
of manifesting, alien passengers shall De regarded as falling into one 
or another of the following three classes : First cabin, second cabin, 
steerage. First cabin shall be listed on pink, second cabin on yellow, 
and steerage on white manifests. If typewritten, the forms furnished 
by the bureau or sheets of the same size (36 by 18^ inches) and re- 
spective colors shall be used, the quality oi the paper to be approved 
by the bureau. If printed, a sheet of either the same or exactly one- 
half said size may be used, the prescribed color scheme to be observed, 
and the quality of the paper to be approved by the bureau.^ 

SuBD. 2. Grouping by locality and family. — ^In furtherance of the 
requirements of section 13 that aliens " shall be listed in convenient 
groups, the names of those coming from the same locality to be as- 
sembled so far as practicable," transportation companies shall assem- 
ble or group togetner, to the fullest extent possible, all aliens coming 
from the same locality ; also all members of a f amuy , 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. 

SuBD. 3. Foreign oiftcials. — ^The only statistical information re- 
quired concerning foreign officials duly accredited by their govern- 
ments, including dij)lomatic and consular officers, their suites, fami- 
lies, or guests, is their names and titles. 

SuBD. 4. Stowaways,— 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. 

SuBD. 5. When no surgeon on hoard. — The certificate (verified be- 
fore a United States consular officer or other officer qualified to admin- 
ister oaths) of a reputable surgeon located at the port of embarka- 
tion or at the last port of call, in the form appearing upon the reverse 
side of the manifest, shall be exacted in compliance with the require- 
ment of section 13 regarding instances in which no surgeon sails with 
a vessel bringing aliens. 

SuBD. 6. When changes occur en route in aliens^ condition. — 
When a surgeon sails with the vessel and the manifest, therefore, 
in accordance with section 13, is verified by such surgeon before an 
immigration official at the port of arrival, any changes in the condi- 
tion of the aliens that have occurred or developed during the voyage 
shall be noted in the manifest before it is verified. 

1 See said rule ; subd. 2 thereof covers collection of head tax. 

2 Forms Nos. 500 for first cabin, 500A for second cabin, and 500B for steerage. The 
practice of furnishing blank books to transportation companies in order that they may 
prepare alphabetical indexes and thus facilitate reference to the manifests, shall be con- 
tinued. Manifests should not be defaced nor have notations or check marks of any kind 
placed thereon otherwise than as required by the law. 



IMMIGBATION RULES. 41 

SuBD. 7. Report of sJdp^s mrgeon or master concemmg health of 
passengers, — ^In addition to making tiie notations on the manifest 
specified in subdivision 6, the ship's surgeon (or, if no surgeon sails 
on the ship, the master) shall furnish to the immigration official in 
charge at the port of arrival a full report concerning diseases, in- 
juries, births, and deaths developing or occurring during the voyage.^ 

SuBD. 8. Data concerning cost of transportation, — ^Transportation 
companies shall furnish the immigration officers in charge at ports 
of entry, within two days after request therefor, with the original 
transportation contracts of all rejected aliens whose cases are covered 
by the provisions of section 9, such contracts showing the exact 
amounts paid for transportation from the " initial point of de- 
parture" (sec. 9) — ^which point shall be diown — ^to the foreign port 
of embarkation, from the latter to the United States port of arrival, 
and from the port of arrival to inland point of destination, respec- 
tively, and also the amount paid for head tax. 

Role S. PRDIART INSPECTION AND DETENTION. 

Subdivision 1. Double inspection. — ^At each of the ports of New 
York, Boston, Providence, Philadelphia, Baltimore, Key West, New 
Orleans, Galveston, San Juan, San Francisco, Seattle, Honolulu, 
Vancouver, Quebec, Halifax, and St. John two immigrant inspectors 
shall pass upon the case of each arriving alien. The two inspectors to 
serve together for this purpose shall be designated from day to day 
by the immigration officials in charge at such ports. The challeng- 
ing of decisions of one inspector by another shall be continued. At 
seaports other than those herein enumerated and at the land border 
ports double inspection shall be maintained whenever feasible. 

SuBD. 2. Determination of admissibility^ in general, — ^As to each 
alien applying to enter the United States, the appropriate immigra- 
tion officers shall determine, as promptly as in their estimation the 
circumstances permit, whether or not he is entitled to apply for 
admission, and, if so, whether or not he is clearly and beyond a doubt 
entitled to land. 

SuBD. 3. PostponemcTd if alien in hospital. — ^If an alien suffering 
from a disability which in the opinion of the immigration officials 
renders it impracticable correctly to apply the immigration law to 
his case is placed in hospital upon his arrival or pending determina- 
tion as to his right to land, inspection may be postponed during such 
disability. 

SuBD. 4. Postponement if member of family in hospital, — ^If in the 
estimation of the appropriate immigration officers the cases of mem- 
bers of a family are interdependent, and a member is detained in 
hospital from a disability of the character described in subdivision 
2 of this rule, the determination of such cases may be postponed until 
the member detained in hospital has been discharged therefrom.^ 

iForm 542. 

^Typical Instances hereof are (1) where the afflicted member is a minor or one other- 
wise dependent, requiring an accompanying alien in the event of deportation, one or the 
other parent being the proper person to select for such purpose, and tne effect of deprivinsr 
the remaining members of the family of the care of such parent would be to render some 
or all of them persons likely to become public charges : (2) where the afflicted member 
is the head of tne family and its only breadwinner, and his physical condition, due pre- 
sumably to temporary causes, is such that he could not travel if either admitted or 
ordered deported and the cases of the remaining members of the family depend upon the 
disposition made of his case. 



42 IMMIGRATION BULES. 

SuBD. 5. Irmaediate deternbinatiori upon certain conditions. — ^In 
cases arising under subdivision 4 of this rule, when the member in 
hospital is in no manner necessary to the support of the remaining 
members of the family and presumably is eligible to land provided 
he recover, such remaining members may be forthwith inspected and, 
if found eligible, landed upon the deposit (1) of a sum of money 
(or ticket covering transportation and money) sufficient to defray the 
expenses of conveying the detained member to final destination, and 
(2) if for infancy or any other cause he may require an attendant 
when traveling or in process of deportation, unless satisfactory 
assurances are given that a proper attendant will be furnished with- 
out charge to the Government, of a further sum sufficient to cover 
the cost of the services and transportation to and fro of such an 
attendant. 

SuBD. 6. Alien^s money. — ^In the absence of a statutory provision 
no hard and fast rule can be laid down as to the amount of money 
an alien should have. This is only one element to be considered in 
each case, but generally he should have enough to provide for his 
reasonable wants and those of accompanying persons dependent upon 
him until such time as he is likely to find employment; also, when 
bound for an interior point, railroad ticket or funds with which to 
purchase the same. 

Role 4. READING TEST. 

Subdivision 1. TFAa subject thereto and hy whorrv examined, — ^AU 
aliens over 16 years of age who are physically capable of reading, 
except as specified in the statute and described in subdivision 5 of 
this rule, shall be required to demonstrate their ability to read matter 
printed in plainly legible type and in a language or dialect desig- 
nated by the alien at the time of examination. 

SuBD. 2. General method of apfl/ying the reading test, — ^When 
applying the reading test, immigration officers shall use the printed 
and numbered slips supplied by the bureau for that purpose, and 
a record shall be made upon the manifest or board minutes showing 
both the class and serial numbers of the slip used in each case and 
the language or dialect designated by the applicant and actually 
used in the examination. No two aliens listed upon the same mani- 
fest sheet shall be examined at seaports by the use of the same slip. 
If the examining inspector is unable to speak and understand the 
language or dialect in which the alien is examined, the services of aii 
interpreter shall be used for interpreting into spoken English as 
read the printed matter read by the alien, so that the examining 
inspector may compare such interpretation with the slip of corre- 
sponding serial number containing the English translation of the 
same reading matter. 

SuBD. 3. Special method of applying reading test, — ^In all cases in 
which, because of lack of the qualifiea interpreters necessary for the 
observance of the general method prescribed in subdivision 2 hereof, 
or because for any other reason it is impracticable to adopt said gen- 
eral method, immigration officers shall use special printed and num- 
bered slips supplied by the bureau, the sentences appearing upon 
which are instructions to the alien to do several simple acts. The 
alien's responding or failure to respond properly and in proper 
order to the instructions will constitute a demonstration of whether 



IMMIGRATION BULES. 43 

or not he is able to read the prescribed number of words printed 
upon the slip handed him. 

SuBD. 4. Examination hy hoard of special inquiry. — ^In the event 
the applicant is subject to the reading test and is unable to satisfy 
the examining or challenging inspectors of his ability to read matter 
printed in the designated language or dialect, it shall be the duty 
of either the examining or the challenging inspectors to detain the 
applicant for special inq[uiry and to record upon the manifest and 
detention cards, for the information of the board, the class and serial 
numbers of the slip used in the primary examinations. Applicants 
so detained shall be examined by boards of special inquiry as to their 
ability to read, in the same manner as aliens detained for special 
inquiry upon other pounds. The examination shall be conducted 
as prescribed in subdivisions 1 and 2 of this rule, and the result shall 
be noted in the recorded minutes. 

SuBD. 5. Exemptions, — The following classes of aliens over 16 
Tears of age are exempted by law from the illiteracy test or from the 
** operation" thereof, viz: 

(a) Persons who are physically incapable of reading. 

(&) Persons of any of the following relationships to United 
States citizens, admissible aliens, or legally admitted alien residents 
of the United States, when such persons are sent for or brought in by 
such citizens, admissible aliens, or admitted aliens: Father, if over 55 
years of age; grandfather, if over 55 years of age; wife; mother; 
grandmpther ; unmarried daughter ; or widowed daughter. 

(^6) Persons seeking admission to the United States to avoid re- 
ligious persecution in the country of their last permanent residence. 

(d) Persons previously residing in the United States who were 
lawfully admitted, jiave resided continuously here for five years, and 
return to the United States within six months from the date of their 
departure therefrom. 

(e) Persons in transit through the United States.^ 

(/) Persons lawfully admitted and who later go in transit through 
foreign contiguous territory. The period an alien may remain m 
foreign contiguous territory while in transit under this exemption 
shall be limited to 60 days. An alien may leave and enter the United 
States at the same port and still be in transit within the meaning 
hereof. 

(g) Exhibitors and employees of fairs and expositions authorized 
by Congress.^ 

(h) Aliens whose ability to read can be readily and certainly 
learned or ascertained by any ordinary method approved by the de- 
partment may be excused from the actual taking of the test. 

SuBD. 6. Method of deterrmning right to exemption. — 'With a view 
to the prevention and detection of iraudulent claims to exemption 
from the reading test, all claims to such exemption except those de- 
scribed in paragraphs {e)^ (f), and {h) of subdivision 5 hereof, 
whether indicated on the manifest or not, shall be made the subject 
of careful inquiry by the examining inspector who, if he is not con- 
vinced that the applicant is entitled to exemption, shall detain the 
applicant for special inquiry, which shall proceed to hear and investi- 
gate the case. In all cases in which the exemption claimed is not 
fully established before such board the alien shall be debarred. If in 

1 See subd. 2, Rule 9. « See subd. 7, Rule 27. 



44 IMMIGRATION RULES. 

the board's opinion an outside investigation is necessary, action may 
be postponed pending investigation by officers of the Immigration 
Service detailed for the purpose. Decision of the applicant's admis- 
sibility shall be deferred meanwhile, and the expenses of detention 
shall De borne in the manner prescribed in section 15. 

SuBD. 7. Proof of exemption. — Clear and convincing proof of 
claims of exemption from the illiteracy test shall be required in every 
instance. When relationship by adoption is asserted, nothing less 
shall be accepted as sufficient proof than a certificate from an official 
who is shown by a notation placed thereon by a United States diplo- 
matic or consular officer to be in charge of the records involved. The 
certificate must establish that the claimed adoption occurred while 
the alien was still a minor and in accordance with the laws of the 
country where such certificate is issued. When the relationship of 
husband and wife is asserted, unless the two parties arrive together, 
so the testimony of each can be taken and compared with that of the 
other, a certificate of marriage or other convincing proof of the per- 
formance of the ceremony shall be exacted. 

Rule 5. ACCOMPANYING ALIENS. 

Subdivision 1. Rejection. — ^Under the last proviso to section 18, if 
an alien who is certified to be helpless from sickness, mental or 
physical disability, or infancy is accompanied by another, the accom- 
panying alien may be rejected and deported as protector or guardian 
of the helpless alien. 

SuBD. 2. Detention wrdU case of (wcompnmed alien decided. — ^When 
in the opinion of the appropriate immigration officials an alien likely 
to be rejected as helpless under the la^ proviso of section 18 is ac- 
companied by one or more aliens whose protection or guardianship in 
the event of alien's rejection will be required, one of such accom- 
panying aliens (preferably a relative or natural guardian) shall be 
detained and the determination of his case may be postponed pending 
decision of the case of the alien whom he accompanies. 

SuBD. 3. Status after deportation. — If an alien is rejected and 
deported solely because his protection or guardianship is required by 
an accompanied alien^ he shall not be regarded as belonging to the 
class excluded by section 3 on the ground that he had been deported 
previously.^ 

Ride 6. CmLDREN UNDER 16, UNACCOMPANIED. 

Subdivision 1. Special methods of handling cases of. — («)* All chil- 
dren under 16 unaccompanied by either parent shall be held for 
special inquiry unless a parent already within the United States 
appears in person with satisfactory evidence of relationship and re- 
sponsibility. If the board finds ( 1 ) that they are strong and healthy, 
^2^ that while abroad they have not been the objects of public charity, 
(3) that they are going to close relatives who are able and willing to 
support and properly care for them, (4) that it is the intention of 
such relatives to send them to day school until they are 16, and (5) 
that they will not be put at work unsuited to their years, the board 
may admit. The board shall admit when it is satisfactorily shown 
that an otherwise admissible child is going to one or both of its 
parents. Where the board finds the five above-mentioned facts do not 

1 See subd. 13, Rule 17. 



IMMIGRATION BULE8. 45 

exist but that the case is otherwise especially meritorious, it shall so 
report orally or in writing to the officer in charge and defer final 
action until such officer personally has inspected the child. If in his 
judgment the child should be admitted, he shall so state to the board 
(this fact being entered of record), which thereupon may admit. 
When in the opinion of such officer the child is not clearly admissible, 
the board shall exclude and give notice of the right of appeal. It 
thereafter an appeal be filed, the case shall be forwarded with the 
recommendation either for (1) admission outright, (2) admission on 
bond or cash deposit, or (3) exclusion.* 

(6) At ports where there is no permanent board of special inquiry 
the immigration official in charge, upon a personal inspection of such 
children and those accompanying them, may admit, without exami- 
nation by a board, otherwise admissible unaccompanied children 
who he is satisfied will not be put at work unsuited to their years, if 
he is also satisfied beyond a reasonable doubt (1) that the five facts 
enumerated in the above paragraph exist, or (2) that the child is to 
attend a designated reputable institution of learning, for which 
suitable provision has been made in advance, or (3) that the child is 
merely in transit, and the person by whom accompanied will convey 
him through and out of the United States, or (4) that the child is 
to make a temporary visit to close relatives. 

SuBD. 2. Status after deportation. — ^If an alien deported solely on 
the ground of being "under 16 imaccompanied " reapplies for ad- 
mission within one year thereafter and is then over 16 or accom- 
Eanied, he shall not be regarded as belonging to the class excluded 
y section 3 on the ground of previous deportation.^ 

Ride 7. STOWAWATS. 

Aliens arriving at seaports of the United States as " stowaways " 
or alien "stowaways" who arrive as "workaways" shall be held 
for examination by a board of special inquiry. Unless the board 
reaches the unanimous conclusion that beyond a doubt the alien, 
except for being or having been a stowaway, is entitled to land, it 
shall exclude. Appeal shall be allowed in such a case unless some 
mandatory reason for exclusion is found to exist. 

Rule 8. GEOGRAPHICALLY EXCLUDED ORIENTAL ALIENS. 

Subdivision 1. Who .are excluded, — Aliens who are natives of the 
islands or of the territory of the continent of Asia lying between 
the meridians and parallels specified in section 3 and shown by heavy 
black lines on the map appended to these rules are excluded from the 
United States. 

SiJBD. 2. Exemptions. — ^These fall into the two following classes: 
(«) Those "otherwise provided for by existing treaties," which 
includes natives of so much of any country with which the United 

iWhen a child under 16 Is destined to a parent but nevertheless Is found inadmissible, 
rejection should not be upon the j?round that the alien is unaccompanied, but upon some 
statutory ground that suostantiafly exists. 

^See subd. 13, Rule 17. 



46 IMMIGRATION RULES. 

States has a treaty aflfecting immigration as lies between the speci- 
fied meridians and parallels, and no others ; ^ 

(6) Those of the status or occupations specifically enumerated in 
the exception to the geographical exclusion clause of section 3. 

SuBD. 3. Proof of exem/ptions. — ^Natives of the geographically de- 
fined territory who claim exemption on the ground that they are of 
a status or occupation mentioned in the exceptions to the geographi- 
cal excluding clause shall present in support of such a claim evidence 
procured in the place of their domicile showing what their status or 
occupation has been during at least the two preceeding years. Such 
evidence must be of a convincing nature, and its authenticity shall 
be attested by the consular officer of the United States located near- 
est such place of domicile. Proof that an applicant is the wife, or the 
child under 16 years of age, of a person belonging to the classes 
exempted by reason of status or occupation may be in any form 
preferred or convenient, but must be of a convincing character. 

Bale 9. ALIENS IN TRANSIT.' 

Subdivision 1. Examination under law, — Every alien seeking a 
landing for the purpose of proceeding directly through the United 
States to a foreign country shall be examined, and, if found to be a 
member of any one of the excluded classes (except illiterates) , shall 
be refused permission to land, in the same manner as though he 
intended to remain in the United States.* Cases where a refusal of 
the privilege would entail exceptional hardship may be reported to 
the bureau for a special ruling. 

SuBD. 2. Illiterates. — {a) Aliens in transit across the United States 
are exempted "from the operation of the illiteracy test" (sec. 3) — 
not necessarily from examination under the test. If such aliens 
arrive at a seaport of the United States traveling in groups, or 
are grouped by the transportation companies after arrival at such 
a port, their examination under the law shall not include subjecting 
them to the illiteracy test, provided an arrangement of the kind 
hereinafter specified is made between the transportation company 
by which brought and the connecting transportation line or lines, 
under which such transit aliens will be accompanied through and 
out of the United States by an immigration official. Unless transit 
aliens other than those just described are obviously literate,* they 
shall be subjected to the illiteracy test ; and if it is thereby found that 
they are illiterate within the meaning of sudi test, they shall not be 
granted the transit privilege unless they are attached to groups of 
transits passing through the country in the manner specified or an 
arrangement of substantially similar character is made in individual 
cases. 

(6) Groups of transit aliens, made up in the manner above indi- 
cated, shall be permitted, if otherwise admissible, to travel through 
the United States, whether literate or illiterate, provided the trans- 

iThe treaty, laws, and rules goyemlng the admission of Chinese are published In a 
separate departmental pamphlet. 

2 The transit of Chinese is regulated by Rule 17 of the Chinese Rules of May 1, 1917. 

8 Often somewhat different considerations enter Into the decision of transit cases than 
exist in cases of applicants for admission. For instance, aliens who might be deemed 
inadmissible to the United States as likely to become public charges or physically defective 
might nevertheless be acceptable to the immigration officials of Canada, and therefore 
with propriety might be allowed to proceed in transit to that country. 

* On account of aliens found to be literate, who are granted the transit privilege with- 
out being grouped in the manner described in this rule, deposit of head tax is required. 
(See subd. 1 (b) and subd. 2, Rule 1). 



i 



IMMIGKATION RULES. 47 

portation company by which they are brought to a port of the United 
States arranges with the transportation company or companies by 
which they are to be transported through and out of the United 
States that the aliens shail be under sufficient surveillance during the 
entire time that they are within the limits of the United States to 
insure that they will not leave the train, vessel, or other vehicle of con- 
veyance during such time, such surveillance to include the conveying 
with the transit aliens of one immigration official for each group of 
60 or less aliens. The transportation companies shall furnish trans- 
portation to the immigration official who accompanies each group, 
and shall pay all expenses incident to the travel, both ways, to which 
the inspector shall be put. In no instance shall the inspector per- 
sonally collect money from the aliens themselves, but he shall look 
to the interested transportation companies or to the parties interested 
in the movement of the aliens for the payment of all of these expenses. 
The immigration officials in charge and steamship and railway lines 
shall cooperate to the fullest extent practicable m the ^ouping of 
the transit aliens, and each group accompanied shall contain a reason- 
able number of persons, all attendant circumstances considered.^ 

Rule 10. SEAMEN. 

SuBon^isiON 1. TTAo are seamen, — {a) "The term * seaman' as 
used in this act shall include every person signed on the ship's ar- 
ticles and employed in any capacity on board any vessel arriving in 
the United States from any foreign port or place" (sec. 1). In 
the seamen sections (sees. 31-36^ the terms "member of the crew," 
" alien employed on board," " alien seaman," and " alien employee " 
are used as synonymous with the word " seaman " as defined in the 
act. Wherever such words or terms are used in this rule or in the 
immigration act they shall have the meaning above given. Only 
aliens who come within such definition shall be treated in the special 
manner herein specified. The cases of all others shall be handled in 
accordance with the general requirements of the immigration act and 
of other immigration rules herewith promulgated or in accordance 
with the treaty, laws, and rules governing the admission of Chinese. 

(5) "Arriving in the United States from any foreign port or 
place " means arriving in the " United States^ and any waters, terri- 
tory, or other place subject to the jurisdiction thereof, except the 
Isthmian Canal Zone," from any port or place in a foreign country, 
in the Canal Zone, or in any insular possession of the United States 
(sees. 1, 19, and 31-36 of the immigration act; sec. 1 of the Chinese- 
exclusion act of April 29, 1902, as amended by sec. 5 of the deficiency 
act of April 27, 1904) or, in cases of Chinese persons or persons of 
Chinese descent, in the Territory of Hawaii (last mentioned act and 
joint resolution of July 7, 1898). In the expression "reship foreign" 
and similar expressions used in this rule, the word "foreign" includes 
the insular possessions and the Canal Zone in all cases and also 
Hawaii in Chinese cases. 

SuBD. 2. Collection of head tax, — {a) The head tax shall be col- 
lected on " alien seamen regularly admitted as provided in this act." 
(Sec. 2.) If the seaman shall be discharged in a United States port 

1 On account of aliens In transit through the United States under this arrangement the 
deposit of head tax is not required. (Seo subd. 3 (i7)» Rule 1.) 



48 IMMIGRATION BULBS. 

by the master or any other officer of the vessel " bringing such alien 
to the United States," and thereupon shall be regularly admitted, the 
tax shall be paid by the " master, agent, owner, or consignee of the 
vessel " or " transportation line " responsible under section 2. 

(&) If the seaman lands without being discharged and voluntarily 
applies to the immigration officials for examination, or is appre- 
hended after entering without inspection and examined, and as a 
consequence of either examination is admitted, the seaman shall be 
required to pay the tax himself as a condition precedent to his regu- 
lar admission. But the same exception that applies to alien pas- 
sengers from the insular possessions shall apply to cases arising here- 
under.^ 

(c) " Regularly admitted " means admitted with intention not to 
resnip foreign and in accordance with the terms of this rule. 

SuBD. 3. Listmg^ registering^ and identifying. — {a) Arriving and 
departing seamen shall be listed on the blank forms provided for that 
purpose by the department,^ in accordance with the terms of section 
36. When an arriving seaman is a " workaway " a notation to that 
effect should be made upon the list. 

(&) Clearance shall not be granted any vessel until the lists required 
by section 36 have been furnished, and not then unless notice of lia- 
bility to the administrative fine prescribed by said section or to that 
Srescribed by section 35 having been served, the deposit specified in 
!,ule 28 (subd. 2) has been made. 

((?) The notice required by section 36 to be furnished regarding 
any alien who may have " illegally landed " while the vessel has been 
in port should consist of a letter reporting the fact ^ and giving the 
name, nationality, and description of the alien and "any informa- 
tion " within the knowledge of the master or officers of the ship or 
transportation line " likely to lead to his apprehension." " Illegally 
landed " means landed in any manner other than that prescribed in 
this rule. 

{d) When a vessel calls at several United States ports the list of 
arriving seamen required by section 36 ^hall be delivered to the im- 
migration officialln charge at the port of arrival, who will give his 
receipt therefor to the master; the report of the illegal landings 
required by said section shall be made to the immigration official in 
charge at the port of arrival or call where the illegal landing occurs; 
and the list of departing, deserted, and landed seamen required by 
said section shall be delivered to the immigration official in charge 
at the final port of call, i, e,, the port from which the vessel departs 
sailing foreign. The immigration official in charge at any port of 
call or final clearance foreign shall promptly notify the immigration 
official in charge at the port of initial entry (where the incoming 
crew list is filed) of any and all changes occurring in the crew of 
any vessel subsequent to departure from such initial port of arrival; 
and such report shall be filed with the crew list to which it refers. 

(^) A card register of arriving seamen shall be prepared and kept 
in the following manner: Masters or other officers or vessels in the 
foreign trade shall furnish each alien seaman in their employ with 

* See subd. 3 (i) and subd. 4, Rule 1. 

*Form 680 for arriving; Form 689 for departing. 

•Form 689. ^^ 



IMMIGRATION BITLES. 49 

a card^ containing his name, age at date of issue, nationality, per- 
sonal description, and his photograph. A duplicate of said oard shall 
be furnished by the master or other officer to the immigration officials. 
The latter, on the first occasion when the seaman is examined, shall 
complete the card and duplicate by signing his name along the mar- 
gin of the photograph, partly thereon and partly on the card itself, 
and by having the seaman do likewise. Also, the examining immigra- 
tion official 3iall indicate on the original and duplicate cards the 
status of the seaman under the law, as provided in subdivision 6 
hereof. The original of the card, after being so completed, shall be 
delivered to the seaman; the duplicate shall fe filed and properly in- 
dexed for future reference. Upon reasonable proof of loss or destruc- 
tion of the original, or upon the surrender of the original when it be- 
comes worn or mutilated, a copy of the card shall be furnished to any 
seaman who at the time of making the application still occupies a 
lawful status as seaman. Such application may be made directly by 
the seaman to the immigration officer in charge at any port, or through 
the master or other officer of a vessel by which the seaman rearrives 
in a United States port to an examining immigration official, in the 
latter event the card being filled out by the master or other officer as 
though an original and a note attached showing that it is a reissue. 

(/) No seaman shall be allowed by an immigrant inspector to land 
from a vessel, either temporarily or permanently, without being 
registered in the foregoing manner and furnished with an identifica- 
tion card, unless he presents such a card showing that he already has 
been registered. If any owner, agent, consignee, or master of a vessel 
pays off or discharges or fails to retain on board any alien who has 
not been given the inspection rejjuired by this rule, such vessel 
thereby becomes liable to prosecution for. the penalty prescribed by 
sections 32 and 33, and steps to that end shall be taken at once by the 
immigration official in charge. 

SuBD. 4. Medical examination, — {a) All alien seamen arriving in 
ports of the United States shall be medically examined, as far as 
practicable, aboard ship each time they arrive. Such examination 
shall be similar to that made in the cases of alien passengers. 

(&) If any such seaman shall be foimd, as the result of examina- 
tion on board or elsewhere, to be affiicted with any mental defect or 
physical disease or affection which by operation of the certificate alone 
places him within any class of aliens mandatorily excluded by section 
3, he shall be so certified, and shall be allowed to appeal to a board of 
surgeons, and, in mental cases, to introduce an expert witness of his 
own choice before such board, if he so desires,^ the time and place of 
the convening of the board to be fixed by the medical officer in charge. 

{c) The certificate, if issued aboard ship^ shall be delivered to the 
immigration officer in charge of the examination of the seamen of the 
vessel involved, who shall promptly, for and in the name of the immi- 
gration officer in charge at the port, notify the master or other respon- 
sible officer of the vessel ^ that the alien must be detained on board in 
accordance with section 32 or placed in hospital in accordance with 
said section or section 35 and subdivision 5 hereof, as the certificate 
may indicate is advisable or the circumstances may demand, unless 
arrangements with the immigration official in charge shall be made by 

^ Form 685. * See sec. 16, notlr'e to detain on board. » Form 681. 

26370°— 21 4 



50 IMMIGRATION BULBS. 

the master or other officer of the vessel or transportation company for 
detention -in an immigration station at the expense of the vessel or 
company ; if the certificate is rendered after removal of the seaman 
from the vessel, the immigration officer in charge shall proceed as 
above indicated. 

{d) If the medical officer is unable for any reason to complete the 
medical examination aboard ship and so reports to the immigration 
officer in charge of the examination of the seamen of the vessel in- 
volved, such officer shall direct that the seaman be removed to the 
immigration station (or other appropriate similar place) for observa- 
tion and further medical examination, serving upon the master or 
other responsible officer of the vessel a notice to that effect.^ The ex- 
pense involved in such removal and detention shall be borne by the 
owner, agent, consignee, or master of the vessel involved. 

SuBD. 5. Exclusion and hospital treatment of mentally or physi- 
cally afflicted, — No seaman afflicted with idiocy, imbecility, insanity, 
epilepsy, tuberculosis in any form, or a loathsome contagious or dan- 
gerous contagious disease shall be permitted to land permanently in 
a port of the United States, and a seaman so afflicted shall be per- 
mitted to land temporarily only in the event that he is entitled to 
receive, or the circumstances are such as to require for humane or 
sanitary reasons that he shall be afforded, treatment in either a pub- 
lic-health or other hospital. (Sees. 32 and 35.) If a certificate re- 
quiring the vessel to be fined is issued in accordance with section 35, 
the seaman shall be detained and treated in hospital designated by 
the immigration official in charge " at the expense of the vessel.'* 
If such a certificate is not rendered, or the case is not covered by sec- 
tion 35, arrangements shall be made for the treatment of the seaman 
in a marine hospital or in a contract hospital of the Public Health 
Service; the expense to be borne by the marine hospital fund in the 
cases of those who are " beneficiaries " of such f und,^ and to be guar- 
anteed and paid, and the payment enforced, in accordance with the 
regulations of the Public Health Service in the cases of those em- 
ployed on foreign vessels.* If an afflicted seaman shall be cured of 
any other disability than insanity before deportation becomes prac- 
ticable, he shall be accorded the inspection prescribed in subdivision 
6 hereof. 

SuBD. 6. Primary im/migration inspection. — {a) In addition to the 
medical examination which, together with its results, is described in 
the two preceding subdivisions, all seamen arriving in ports of the 
United States, except those rejected or placed in hospitals in conse- 
quence of such medical examination, shall be regularly inspected by 
immigrant inspectors. 

(&) If any seaman is not already in possession thereof, the officers 
of the vessel shall furnish him with the identification card described 
in subdivision 3 hereof. If the inspector ascertains that the seaman's 
intention is not to reship foreign or to remain on a vessel that sails 
foreign, the inspection shall proceed as though the seaman were an 
alien passenger applying for admission, and he shall be admitted or held 
for special inquiry in re^lar course, the uncompleted card being 

taken up. If it is ascertained that it is the seaman's intention to re- 

^-^— ■^-»— i^— »-i^» ■——^—^—^1 ^^^-^ I I ^— »i— ^— ^»^— »^ ^_— »—^p— »— ^»— ^^»— ^» 

^Form 679. , ^ 

* Regulations U. S. Public Health Service, 1918, Art. XIV, par. 418. 
» Id., Art. XV, pars. 464-467 ; sec. 4805 R. S. 



IMMIGRATION RULES. 51 

main on the vessel or to reship foreign, the inspection shall proceed 
sufficiently to develop to a reasonable degree whether or not the alien 
belongs to one of the excluded classes, a notation thereupon to be 
placed upon the card indicating the inspector's opinion as to the 
seaman's admissibility if he were applying for entry. There shall be 
printed on the identification card the three notations, " Division 1," 
" Division 2," and " Division 3." If the inspector is satisfied of the 
seaman's admissibility he shall draw a line through the latter two, 
leaving the former as a notation expressing his opinion ; if satisfied 
of the seaman's inadmissibility, the first two shall be stricken out and 
the last left as the inspector's notation ; but if doubt exists upon the 
part of the inspector, the first and last shall be stricken out, leaving 
"Division 2" as the inspector's notation upon the card. For ex- 
ample, if the inspector ascertains that the seaman is a Chinese, or a 
laborer from a country that issues limited passports, and not ui pos- 
session of a passport entitling him to land in the United States, or is 
a native of that portion of the Orient geographically defined in sec- 
tion 3 and Rule 8, or is an illiterate within the meaning of the illit- 
eracy test of section 3, the inspector, as a matter of course shall strike 
out the first two notations and leave the last; if he ascertains that the 
seaman does not belong to any of such classes, and is satisfied from 
inspection and examination of him that he is neither likely to become 
a public charge not afflicted with any minor physical defect that may 
anect earning capacity, he shall permit the notation " Division 1 " to 
remain upon the card, striking out the other two ; if the inspector is 
in doubt with respect to these indefinite and not always readily 
determinable points, the second notation shall be left upon the card, 
the first and third being stricken out. 

(c) If such seaman is already in possession of the identification 
card prescribed in subdivision 3, the " primary immigration inspec- 
tion" shall consist merely in determinmg that the presenter is the 
proper holder of the card and in ascertaining whether or not it is his 
intention to reship. If he asserts it is his intention to reship foreign, 
the " inspection " shall be closed by returning his card to him, unless 
it is necessary to order such seaman held on board or to remove him 
to an immigration station or other similar place or to hospital under 
subdivision 4 or subdivision 5 hereof, in either of which contingencies 
the card shall be retained and returned to the seaman only if he is 
eventually allowed to reship foreign. If he asserts an intention not 
to reship foreign, then the inspection shall proceed as though the sea- 
man were an alien passenger applying for admission, the seaman to be 
admitted or held for special inquirer in regular course as the facts 
mav require. If admitted, his identification card should be taken up. 

(d) Whenever it is ascertained that a seaman applying for either 
permanent or temporary admission belongs to the excluded class (sec. 
3), "Persons who have been deported under any of the provisions 
of this act, and who may again seek admission within one year from 
the date of such deportation, unless prior to their reembarkation at a 
foreign port or their attempt to be readmitted from foreign contiguous 
territory the Secretary of Labor shall have consented to their reap- 



62 IMMIGRATION RULES. 

plying for admission," the case shall promptly be brought to the at- 
tention of the department with request for instructions. 

SuBD. 7. Secondary immigration inspection. — {a) Any seainan 
holding holding an identification card containing the notation " Divi- 
sion 1 " made thereon in accordance with subdivision 6 hereof, who, 
at any time after having been permitted to land with the intention of 
reshipping, changes that intention and desires to remain permanently 
in the United States, may accomplish that purpose by simply sur- 
rendering his identification card to an immigration officer in charge 
at any immigration station in the United States and furnish the usual 
manifest data and a postal money order covering the head tax. In 
such case the officer to whom the card is surrendered and the money 
order for head tax delivered shall forward such card to the officer in 
charge at the port where it issued and such money order to the officer 
in. charge at tne port where the alien last entered ; and thereupon an 
entry shall be made in the appropriate records of such latter office 
showing the regular entry of the alien to the United States as of the 
dato of the surrender and payment. 

(6) Anv seaman holding an identification card bearing either the 
notation "Division 3 " or " Division 2 " made thereon in accordance 
with subdivision 6 hereof who, at any time after having been per- 
mitted to land with the intention of reshipping, changes that inten- 
tion and desires to remain permanently in the United States, may 
apply for complete inspection to the immigration officer in charge at 
any immigration station in the United States. Thereupon such a 
seaman shall be examined in regular manner, held for examination 
by board of special inquiry if expressly excludable or the facts and 
circumstances developed raise a doubt regarding his admissibility, 
or if found admissible by the inspector or the board he shall be ad- 
mitted upon surrendering his identification card and paying the head 
tax ; if rejected by the board, he shall be allowed an appeal to the de- 
partment at Washington. If upon the taking of an appeal the board's 
decision is affirmed, a warrant of deportation will be issued by the 
department and the alien deported (sec. 20) at the expense of the 
immigration appropriation. If the alien is admitted by the inspector, 
the board, or the department, the identification card and the money 
order for head tax collected shall be disposed of and a statistical 
entry made in the manner provided in the preceding paragraph 
hereof. 

SuBD. 8. Value of identification card. — The seaman's identification 
card hereinbefore prescribed shall not constitute evidence of a right 
to enter or to be or to remain in the United States. It simply evi- 
dences the status of the holder as a seaman, identifies him, and indi- 
cates the point to which his inspection or examination under the law 
has proceeded and what remains to be done in his case if he ceases to 
be a seaman and becomes an alien applicant for admission. It shall 
have the same value at every other port as at the port where issued. 

SuBD. 9. Arrest of violators. — (a) Any alien who shall come to a 
United States port as a seaman and land or remain in the United 
States otherwise than in pursuance of and in accordance with the 
provisions of this rule shall be arrested, as provided in section 34, 
whenever and wherever found in this country within three years 
from the date of landing or from the date when his status changed 
from that of a seaman to that of an alien here resident. Such alien 
then shall be brought before a board of special inquiry and sub- 



IMMIGRATION BULES. 53 

jected to a thorough examination under all provisions of the immi- 
gration law apiplicable to the case of an alien seeking admission; 
such investigation, if any, as may be necessary to develop evidence 
concerning him shall be conducted and he shall be subjected also to 
the medical examination required in the cases of alien applicants for 
admission. If rejected by the board he shall be allowed an appeal 
to the department unless the rejection is upon a ground with respect 
to which the law prohibits an appeal; and in any event the record 
of the board of special inquiry shall be transmitted to the bureau 
for submission to the department, in order that a final decision may 
be rendered if upon appeal and that a warrant of deportation may 
be issued whether upon appeal or not. Upon the issuance of the 
warrant the alien shall be deported at the expense of the immigra- 
tion appropriation. 

(6) If the alien is charged in the warrant of arrest merely with 
entering contrary to the provisions of section 34 and Rule 10, the 
conduct of the hearing shall be governed by subdivision 2 of Rule 15. 
But if the warrant contains any other cnaree. the conduct of the 
hearing shall be governed by subdivision 5 of Bule 22. ^ 

SuBD. 10. Administrative fines. — The fine prescribed by section 35 
for bringing to United States ports seamen afflicted with certain 
mental and physical disabilities shall be assessed in accordance with 
subdivisions 1^ 2 (a), and 5 of Rule 28, and that prescribed by sec- 
tion 36 for failure to furnish specific information regarding seamen 
shall be assessed in accordance with subdivision 2 (A) of Rule 28. 

SuBD. 11. Sea/men returned to United States under consular regu- 
lations. — ^Aliens employed as seamen on vessels of American registry 
are entitled under tne navigation laws ^ to certain privileges, includ- 
ing that of being returned to the United States when discharged in 
a foreign port on account of injury or illness or when they become 
destitute under certain circumstances in foreign countries. Even 
though such seamen arrive as passengers or as workaways, their 
cases shall be disposed of in accordance with the provisions of this 
rule. If necessary the cost of photographs in such cases shall be 
borne from the appropriation for the enforcement of the immigra- 
tion act. 

SuBD. 12. Disabled seamen. — ^A disabled alien seaman, who never- 
theless does not intend to relinquish his calling but whom the master 
of the vessel is obliged under tne navigation Taws of the country to 
which the vessel belongs to return to the country where he embarked, 
may, under such regulations as the officer in charge deems proper to 
carry out the purposes of this subdivision, pass through the United 
States in transit to such country by the most expeditious and direct 
route. Where he is suffering from a loathsome contagious or danger- 
ous contagious disease, or with tuberculosis in any form, or from a 
mental disability, or is in such physical or mental condition as to 
render him a person likely to become a public charge, the master 
must make arrangements for his proper care while m transit and 
furnish a sum of money sufficient to defray the expenses thereof. 
These provisions are made in the interest of trade and because of the 

» Where arrest is on some ground other than entry contrary to the provisions of sec. 
84 and Rule 10 the procedure and the time limitation appropriate to such a charge shall 



.ppi|. 



ecs. 4577, 4578, 4581, 4804, 4805, and Executive order of Oct 21, 1916. 



54 IMMIGRATION RUIZES. 

peculiar position occupied by seamen under principles of interna- 
tional comity ; and in all cases to which they apply the immigration 
officials shall confer not only with the master but with the consular 
representative of the country to which the vessel belongs. 

Rule 11. LABORERS FROM COUNTRIES WmCH GRANT LIMITED PASSPORTS. 

Subdivision 1. PresidenVs proclamation, — ^The President's procla- 
mation on this subject, issued February 24, 1913, reads as follows : 

Whereas by the act entitled "An act to regulate the immigration of aliens 
into the United States," approved February 20, 1907, whenever the President 
is satisfied that passports issued by any foreign Government to its citizens to 
go to any country other than the United States or to any insular possession of 
the United States or to the Canal ^ne, are being used for the purpose of en- 
abling the holders to come to the continental territory of the United States to 
the detriment of labor conditions therein. It is made the duty of the President 
to refuse to permit such citizens of the country issuing such passports to enter 
the continental territory of the United States from such country or from such 
insular possession or from the Canal Zone; 

And whereas, upon suflScient evidence produced before me by the Depart- 
ment of Commerce and Labor, I am satisfied that passports issued by certain 
foreign Governments to their citizens or subjects who are laborers, skilled or 
unskilled, to proceed to countries or places other than the continental territory 
of the United States are being used for the purpose of enabling the holders 
thereof to come to the continental territory of the United States to the detri- 
ment of labor conditions therein : 

I hereby order that such alien laborers, skilled or unskilled, be refused per- 
mission to enter the continental territory of the United States. 

It is further ordered that the Secretary of Commerce and Labor be, and he 
hereby is, directed to take, through the Bureau of Immigration and Naturaliza- 
tion, such measures and to make and enforce such rules and regulations as 
may be necessary to carry this order into effect. 

SuBD. 2. E-ffect of proclamation, — ^The proclamation requires that 
laborers, skilled or unskilled, who are citizens of a country which 
grants to its laborers proceeding abroad limited labor passports only, 
and who present at a continental port a passport entitling them only 
to admission to countries or places other than continental United 
States, shall be rejected. It does not in any particular relieve such 
aliens from examination under the general provisions of the law. 

SuBD. 3. Rejection or admission as affected hy passport,--^! such 
a laborer applies for admission and presents no passport, it shall be 
presumed (1) that when he departed from his own country he did 
not possess a passport entitling him to come to the continental terri- 
tory of the United ijStates, and (2) that at that time he did possess a 
passport limited to some country or place other than continental 
United States. If he presents a passport entitling him to enter con- 
tinental United States or not limited to some country or place other 
than continental United States, he shall be admitted, unless he be- 
longs to one of the classes excluded by the general provisions of the 
law. If he presents such a limited passport, but claims that he is 
not a laborer, skilled or unskilled, proof of such claim shall be re- 
quired. 

SuBD. 4. Right of appeal^ etc, — All laborers excluded under this 
rule shall be advisea not only of their right of appeal where one lies, 
but also that they may communicate by telegraph or otherwise with 
any diplomatic or consular officer of their Grovernment, and they 
shall be afforded opportunity for doing so. 



IMMIQBATI02<9^ BULES. 65 

SuBD. 6, Defmtion of term Zahorer, — For practical administrative 
purposes the term " laborer^ skilled and unskilled," within the mean- 
ing of the Executive order of February 24^ 1913, shall be taken to 
refer primarily to persons whose work is essentially physical, or, at 
least, manual, as farm laborers, street laborers, factory hands, con- 
tractors' men, stablemen, freight handlers, stevedores, miners, and 
the like ; and to persons whose work is less physical, but still manual, 
and who may be highly skilled, as carpenters, stonemasons, tile set- 
ters, painters, blacksmiths, mechanics, tailors, printers, and the like ; 
but shall not be taken to refer to persons whose work is neither 
distinctively manual nor mechanical, but rather professional, artistic, 
mercantile, or clerical, as pharmacists, draftsmen, photographers, 
designers, salesmen, bookkeepers, stenographers, copyists, and the 
like. 

SuBD. 6. Passports to he indorsed. — ^Passports presented by aliens 
covered by this rule shall be plainly indorsed, in indelible ink, by 
the officer admitting or rejecting the applicant, in such a manner as 
to show the fact and date of admission or rejection. The officer shall 
sign such indorsement, and the passport shall be returned to the 
presenter. 

Bale 12. INSPECTION OF ALIENS ENTERING FROM OR TmtOUGH CANADA.' 

Subdivision 1. Border ports of entry, — The following are desig- 
nated as Canadian border ports of entry for aliens : Eastport, Calais, 
Vanceboro, Fort Kent, Fort Fairfield, Van Buren, Houlton, Mada- 
waska, and Jackman, Me.; Beecher Falls, Island Pond, Newport, 
Richf ord, St. Albans, and Swanton, Vt. ; Rouses Point, Malone, Fort 
Covington, Nyando, Ogdensburg, Louisville Landing, Morristown, 
Waddmgton^ Alexandria Bay, Clayton, Cape Vincent, Rochester^ 
Olcott, Lewiston, Niagara Falls, and Buffalo, N. Y.; Erie, Pa.; 
Cleveland and Toledo, Ohio; Detroit, St. Clair, Port Huron, and 
Sault Ste. Marie, Mich. ; Chicago, 111. ; Duluth, Ranier, International 
Falls, Warroad, Beaudette, arid Noyes, Minn.; Hannah, Pembina, 
Northgate, Neche, Antler, Walhalla, Portal, and St. John, N. Dak. ; 
Sweetgrass and Gateway, Mont.; Porthill and Eastport, Idaho; and 
Curlew, Marcus, Oroville, Sumas, and Blaine, Wash. 

SuBD. 2. Seaports of entry and locations of hoards of special in- 
quiry, — {a) The following are designated as Canadian seaports of 
entrv for aliens bound for the United States : Halifax, Nova Scotia ; 
Queoec, Montreal, and Point Levi, Quebec; St. John, New Bruns- 
wick ; and Vancouver and Victoria, British Columbia. 

(&) Boards of special inquiry shall be located at said seaports and 
also at the following places: Yarmouth, Nova Scotia; Calais, Van 
Buren, Jackman, and Houlton, Me.; St. Albans and Newport, Vt.; 
Ogdensburg, Buffalo, Niagara Falls, and Lewiston, N. Y. ; Cleveland 
and Toledo, Ohio ; Detroit, Port Huron, and Sault Ste. Marie, Mich. ; 

^This rule is based generally upon the immigration act, and specifically upon sec. 19 
thereof, authorizing the Commissioner General to designate land-border ports of entry, 
and agreements between the various steamnship and railroad companies in Canada and the 
Comnnssioner General, negotiated in accordance with sec. 23. The various provisions of 
the law and regulations, in so far as applicable, should be enforced at the Canadian sea- 
ports and along the Canadian border. Any alien who enters the United States across the 
Canadian border at any other place than those named in subd. 1 of this rule as a port of 
entry, is subject to deportation under sees. 19 and 20. (For deportatioD procedure, see 
Rule 22.) 



56 IMMIGRATION BUI^BS. 

Chicago, 111.; Duluth and International Falls, Minn.; Winnipeg, 
Manitoba; Portal, N. Dak.; Sweetgrass, Mont.; Eastport, Idaho; 
and Marcus, Oroville, Sumas, and Blaine, Wash. 

SuBD. 3. Head tax, — (a) The masters, owners, or agents of vessels 
plying to eastern Canadian ports shall pay to the United States 
commissioner of immigration at Montreal, and those of vessels plying 
to western Canadian ports shall pay to the collector of customs at 
Seattle, Wash., the sum of $8 on account of each alien bound for tho 
United States, with the exception of such as are exempted by the law.^ 

(6) Any alien of the taxable class seeking to enter the United 
States from Canada or Newfoundland shall be denied examination 
under the United States immigration laws (except to a sufficient ex- 
tent to determine liabilty for head tax) until he presents to the 
examining officers a certificate from a duly appointed agent of the 
transportation company over whose line the alien may be traveling 
or intending to travel, guaranteeing that responsibility for the pay- 
ment of head tax on account of such alien will be assumed bv said 
transportation company, the certificate guaranteeing payment of 
head tax being returnable to the applicant for admission in the event 
of his exclusion, such certificate before its return to such applicant to 
have the words " rejected — returned for refund " stamped or written 
in red ink across its face and to bear the signature of a member of 
the board of special inquiry by which the alien was examined. 

(c) All moneys collected under the provisions of this rule shall be 
transmitted by the commissioner of immigration at Montreal or the 
collector of customs at Seattle to an assistant treasurer of the United 
States for deposit in appropriate manner. Reports of such receipts 
shall be made monthly on the appropriate forms. The commissioner 
at Montreal shall give bond in the sum of $10,000, conditioned for 
the faithful discharge of his duties and the remittance of the collec- 
tions herein described. 

SuBD. 4. Manifests. — (a) The masters, owners, or agents of vessels 
bringing to Canadian ports aliens bound for the United States shaU 
furnish to the United States immigration officials in charge at such 
ports complete manifests and alphaoetical books of all arriving aliea 
passengers, and also complete manifests of all arriving alien pas- 
sengers en route to the United States, such as are now requirea by 
law of vessels bringing aliens to United States ports. Manifests fur- 
nished at eastern Canadian ports shall be filed in the office of the com- 
missioner at Montreal ; those furnished at western Canadian ports in 
the office of the commissioner at Seattle. 

(&) Such masters, owners, or agents shall furnish, also, to the 
United States commissioner of immigration at Montreal or to the 
commissioner of immigration at Seattle manifests of all passengers — 
not citizens of the United States — leaving the United States and pro- 
ceeding by their vessels^ to foreign ports, as required by law of ves- 
sels departing from United States ports. 

SuBD. 5. Medical examination, — Aliens coming to the United States 
from or through Canada shall be examined for mental and physical 
disabilities or afflictions in the manner prescribed in section 16. 

SuBD. 6. Inspection^ certification^ ana admission, — (a) All neces- 
sary facilities in the way of accommodations, access to the aliens, 

^ See Rule 1 for list of exemptions from hea4 tax. 



IMMIGKATION BXJIiES. 57 

and the keeping of aliens apart from the public until after inspection 
shall be afforded to the immigration omcials of the United States 
stationed at Canadian ports to enable them to make the inspection 
required by law. The mspection conducted at the seaports, the land 
border ports, or the interior board of special inquiry stations herein 
mentioned shall be similar to that conducted at United states ports. 
Such aliens as in the opinion of the examining inspector are not 
clearly entitled to admission shall be taken before a board of special 
inquiry. The decision of such a board shall be final unless reversed 
upon appeal, as provided by section 17. 

(6) ^y alien found admissible by an inspector or board stationed 
at a seaport or by a board stationed at an interior port named in 
subdivision 2 hereof shall be furnished with a certificate of identity 
prepared on the form provided by the bureau,' signed by appropriate 
United States immigration officials, and shall be admitted at any one 
of the ports of entry named in subdivision 1 hereof without further 
examination upon presenting and surrendering said certificate and 
being identified as the proper holder thereof. The certificates shall 
be taken up and returned to the issuing officer. 

(c) Any alien not provided with the certificate prescribed in the 
preceding paragraph who shall apply for admission at a point on the 
Canadian border where no board of special inquiry is located, if 
adjudged by the examining immigration officer to be of a class re- 
quiring board of special inquiry examination, shall be returned by 
tne transportation company concerned to the nearest point where a 
board of special inquiry is located for examination, manifesting, and 
(where proper) assessment of head tax; and, in the discretion of the 
appropriate United States immigration official, any alien not pro- 
vided with the said certificate who shall appljr for admission at a 
point on the border within one year after arriving at a Canadian 
seaport shall be returned by the responsible transportation company 
to the seaport of arrival for examination, manifesting and (where 
proper) assessment of head tax, in the manner required in the cases 
of aliens arriving at Canadian seaports and giving destinations in 
the United States, unless it shall appear that such alien was originally 
destined in good faith to Canada and has been actually residing in 
said country, or unless, upon examination, Canadian officials shall 
declare such alien eligible for residence in Canada and the transpor- 
tation company involved shall arrange for his removal a reasonable 
distance from the boundary. 

SuBD. 7. Deportation, — (a) 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. 

(&) 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 aliens covered by the provisions of 
paragraph (c) of subdivision 6 hereof who are shown to belong to a 
class excluded by the immigration act whenever in the judgment of 
the Secretary the deportation of such aliens in the manner described 
is deemed necessary to safeguard the interests of the United States. 

(c) AH persons seeking entry to the United States from Canada 
who proceed to the Canadian border without first having been exam- 

iForm 624. 



68 IMMIGRATION BULES. 

ined and granted the certificate of identity herein prescribed, and 
who may not appear to the examining immigrant inspector clearly 
and beyond a doubt entitled to enter the United States ; and those in 
whose cases certificates are canceled prior to or upon arrival of the 
person at the boundary ; and aliens brought to the border who have 
arrived in Canada by steamship lines or vessels which have not con- 
formed to the requirements of section 2S, and who have not had a 
two years' residence in Canada, shall, at the direction of the examin- 
ing inrniigrant inspector, be removed from the railway train or other 
vehicle or travel oy the owner, agent or person in charge of the 
transportation line concerned, and delivered to the inmiigration office 
or such other place of detention as may be designated by the said 
examining immigrant inspector, and as to such of the first class of 
persons herein mentioned as may be excluded by boards of special 
inquiry, and as to both of the other two classes, returned a reasonable 
distance into Canada, by the said transportation line; or when the 
mental, physical, financial, or moral status of any such person renders 
such a course advisable in the opinion of the immigration officer or 
officers, the transportation company or other interests concerned, 
upon being directed, shall return such person to the initial point of 
departure m Canada. 

(d) Within the deportation periods prescribed in the immigration 
act, the steamship lines which are parties to the Canadian agreement 
shall return, at their own expense, from some Canadian port, or 
when that is not practicable from some port of the United States, 
such aliens as, having been brought into Canada upon their respec- 
tive lines and having subsequentlv proceeded to the United States, 
are shown to belong to any one of the classes subject to exclusion or 
deportation whenever deportation of such an alien is ordered by the 
Secretary of Labor. 

SuBD. 8. Transits. — (a) An alien of the taxable class applying to 
pass in transit through the United States from Canada shall furnish 
to immigration officers guaranty of payment of head tax prescribed 
in subdivision 3 hereof If found admissible he shall be given a 
certificate^ providing for refund of head tax upon such certificate 
being properly indorsed by the alien and the purser of the outgoing 
trans- Atlantic or trans-Pacific steamship, the conductor of the train 
upon which the holder leaves the United States, or by a United States 
immigrant inspector. 

(h) Upon proof satisfactory to the United States commissioner of 
immigration at Montreal in cases arising at eastern Canadian ports, 
or to the commissioner of immigration at Seattle in cases arising at 
western Canadian ports, that such aliens have passed by direct and 
continuous journey through and out of the United States within the 
time limit specified in subdivision 2 of Rule 1 hereof, refund of head 
tax on aliens of the taxable class arriving at seaports of Canada and 
desiring to proceed immediately in transit through the United States 
will be made to the transportation line responsible for its payment. 

(c) The special deposit and refund system herein provided for 
transit passengers shall apply also to passengers claiming American 
citizenship who are unable at the time to establish such claim; ex- 

^ Form 523, except in cases of transient visitors, for whom Form 569 should be used. 



IMMIGRATIOK RULES. 59 

cept, however, that transit refund certificates shall not be issued to 
such persons. 

SuBD. 9. Identification of aliens habitually crossing boundary, — 
With a view to avoid delays and embarrassment in cases of aliens 
who, residing upon either side of the line, habitually cross and re- 
cross the boundary upon legitimate pursuits, an identification card ^ 
^will be furnished such persons upon application to the immigration 
oflScial in charge at the place of ingress and egress. The applicant 
ior such a card shall be required to furnish two unmounted photo- 
:graphs of himself, of appropriate size, for attachment to the card, 
and shall supply the data necessary to fill out the card in complete 
form. To guard against the use of the card by any other person 
than the one to whom furnished (through its being lost or stolen or 
otherwise improperly acquired) the official issuing the card shall re- 
quire the applicant to sign his name partly on the margin of the 
photograph and partly on the body of the card itself. The cardf may 
be issued also to United States citizens desirous of availing them- 
selves of this means of ready identification. It shall constitute a 
pass which shall be promptly honored by immigration officials simply 
upon satisfying themselves that the person presenting it is the person 
represented by the photograph thereto attached and therefore the 
rightful holder of the card. 

Role 13. INSPECTION ON BIEXICAN BORDER. 

Subdivision 1. Ports of entry, — ^Under section 19 the following 
are named as Mexican border ports of entry for aliens : Brownsville, 
Hidalgo, Rio Grande City, Laredo, Eagle Pass, Del Rio, Presidio, 
and El Paso, Tex.; Douglas, Naco, Nogales, San Fernando, and 
Ajo, Ariz.; and Andrade, Calexico, Campo, and Tia Juana, Cal.^ 

SuBD. 2. Procedure, — (a) Aliens applying for admission at the 
Mexican border ports of entry are subject to examination in the same 
manner and to the same extent as though arriving at seaports, report 
of inspection to be made on the appropriate form ; • if they cross the 
border by bridge or railway company, such company shall be respon- 
sible for the head tax. 

(b) Except as provided in paragraph («:), aliens crossing the 
border bj^ any vehicle (including stage lines) regularly engaged in 
transporting passengers, said vehicles by which they come shall be 
responsible for the head tax. If they cross the border at a port of 
entry otherwise than as provided in paragraph (a) or this paragraph, 
such aliens, if the head tax is assessaole, shall be questioned, as a pre- 
liminary to inspection, onlj sufficiently to determine with precision 
whether, in the event full inspection would show them to be admis- 
sible, they are able and willing to pay the $8 head tax. If this ques- 
tion is determined affirmatively, inspection shall be completed; and 
if the aliens are found admissible, they shall be required to pay the 
tax to the collector of customs before being permitted to enter.* 

(c) Refusal or inability upon the part of an alien to pay the head 
tax, when assessable, either to the carrier responsible or direct to the 
collector of customs when proper, shall be cause for refusal to enter- 

1 Form 687 for aliens ; Form 688 for United States citizens. 

• Any alien who enters the United States across the Mexican border at any other point 
enters the country unlawfully and should be arrested and deported under sees. 19 ana 20, 
ms provided by Rule 22. 

•Form 548. 

*Head tax to be certified to the collector of customs on Form 549. (See Rule 1.) 



60 IMMIGBATION BULES. 

tain the alien's application for admission. Proper records in each 
such case shall be made. Negligent failure of a legally and finan- 
cially responsible carrier regularly engaged in transporting aliens to 
collect the tax shall not absolve such carrier from liability therefor 
nor operate to prevent the inspection of the applicant. 

(d) Head tax shall be paid bj the alien himself to the appropriate 
collector of customs in all cases m which it is impracticable to proceed 
otherwise under this rule for its collection. 

SuBD. 3. Identificastion of aliens habU-uaily crossing boundary, — 
The card of identification prescribed by subdivision 9 of rule 12 shall 
be used also upon the Mexican border. 

Rulis 14. ALIENS REACmNG CONTINENTAL PORTS VIA HAWAEL 

Stjbdivision 1. Exatrdnation at Hawaiian 'port. — Aliens arriving' 
in Hawaii bound for the continent shall be inspected and given a 
certificate/ signed by the immigration officer in charge at Honolulu, 
showing fact and date of landing. 

SuBD. 2. Certificates for alien residents of Hawaii. — ^Aliens who, 
having been manifested bona fide to Hawaii and having resided there 
for a time, signify to the immigration officer in charge at Honolulu 
an intention to go to the continent shall be furnished such certificate 
as evidence of their regular entry at an insular port.^ 

Sued. 3. Admission at coniinerdaL ports of aliens presenting cer- 
tificates. — Aliens applying at continental ports and surrendering the 
certificate described in subdivision 2 shall be permitted to land, upon 
identification (and payment of $4 head tax if they entered Hawaii 
between July 1, 1907, and May 1, 1917), provided it appears that at 
the time such aliens were admitted to Hawaii they were not members 
of the excluded classes or likely to become public charges if they 
proceeded thence to the mainland. 

Sued. 4. Arrest and deportation. — ^If aliens applying at conti- 
nental ports fail to present the certificate described in subdivision 2,. 
it shall be presumed that they were not examined when entering^ 
Hawaii, and they shall be arrested in accordance with Rule 22 on 
the ground of entry without inspection and on such other pounds 
as may be found to exist. If it is found in accordance with sub- 
division 3 hereof that such aliens at the time of entry to Hawaii 
were members of the excluded classes or likely to become public 
charges if they proceeded thence to the mainland, they shall be 
reported for arrest in accordance with Rule 22 on either or both 
of those grounds. 

Sued. 5. Hawaiian citizens. — In order to save possible delay and 
inconvenience at the port of entry, residents of the Hawaiian Islands 
claiming to be citizens of the United States who desire to proceed to 
the mainland may have their status investigated by the inspector 
in charge at Honolulu. A favorable decision by said official will en- 
title the applicant to be landed at a mainland port of entry upon 
identification. An adverse decision will not preclude the party from 
applying at a port of entry on the mainland, relying upon his ability 
to establish his claimed citizenship to the satisfaction of the officer in 
charge. 

1 Form 546. Special material facts should be noted on back of certificate, with appro- 
priate reference tnereto on face. 

< Rule 11 acts as a limitation upon this subdivision. 



IMMIGRATION RULES. 61 

Ral« 15. SPECIAL INQUIRT. 

Subdivision 1. Oath. — Every person appointed to serve on a board 
of special inquiry shall first subscribe to an oath of office.^ 

Sued. 2. Heaarings. — Boards of sj)ecial inquiry shall determine all 
cases as promptly as in the estimation of the immigration officer in 
charge the circumstances permit, due regard being had to the neces- 
sity of giving the alien a fair hearing. Hearings before the boards 
*' snail be separate and apart from the public " ; but the alien may 
have one friend or relative present after the preliminary part of the 
hearing has been completed : ^ Provided^ First, that such friend or 
relative is not and will not be employed by him as coimsel or attor- 
ney ; second, that, if a witness^ he has already completed the giving of 
his testimony ; third, that he is not an a^ent or a representative at an 
immigration station of an immigrant aid or other similar society or 
organization ; and, fourth, that he is either actually related to or an 
acquaintance of the alien. 

SuBD. 3. Adducing facts concerning liability to fines. — ^In all cases 
in which there is any reason, other ttian the issuance of a surgeon's 
certificate, for believing that any one of the administrative fines pre- 
scribed by the law, and specified in Eule 28 hereof, may have been 
incurred, boards shall be careful to develop in the course of their 
hearings all facts and circumstances material to a determination of 
the transportation company's liability to such fine. 

Sued. 4. Expense of return voyage. — An excluded alien shall be 
informed that the return voyage is at the expense of the steamship 
company which brought himj that the transportation company must 
return him in the same class in which he came ; and, in cases covered 
by section 9, that a refund of his transportation from the initial 

Eoint of departure to port of rejection is due him. The fact that he 
as been so informed shall be entered in the minutes. 

Rule 16. READMISSION AND TEMPORARY ADMISSION. 

Subdivision 1. Readrrdssion of permanently dorrd&Hed^ temporarily 
absent aliens. — ^Under the seventh proviso to section 3, aliens who 
have lived in the United States continuously for seven years may be 
readmitted, after a temporary absence abroad, under such conditions 
as the department may prescribe. In such cases convincing proof of 
a continuous residence of seven years shall be exacted, and an absence 
not exceeding six months shall be deemed a "temporary absence" 
within the meaning of the law. All such cases in which rejection 
occurs shall be promptly brought by the immigration official in 
charge to the attention of the bureau, with a complete report of the 
reasons for the alien's exclusion. The conditions to be observed, such 
as the furnishing of bond or of cash deposit, treatment in hospital, 
etc.. will be specified by the bureau and the department as the cases 
arise. 

SuBD. 2. Temporary ad/rmssion of otherwise inadmissible aliens. — 
The ninth proviso to section 3 authorizes the bureau and the depart- 
ment to issue rules and prescribe conditions to control and regulate 
the admission and return of otherwise inadmissible aliens applying 
for temporary admission. In cases in which aliens who are manda- 
torily excluded from permanent entry apply for the privilege of 

iFonn 666. «Sec. 17. 



62 IMMIGRATION RULES. 

entering the United States temporarily, they shall be required ta 
show that their temporary entry is an urgent necessity or that un- 
usual and grave hardship would result from a denial of their request*. 
A bond, a cash deposit, or other equally satisfactory assurance that 
such alien will depart in due course from the United States will be 
exacted by the department in every instance. The submission of an 
unmounted photograph, in duplicate, may be required when needed_ 
as a means of identifying the temporarily admitted alien in con- 
nection with his departure at the port of entry or some other port.. 
Ordinarily such cases should be reported as they arise to the depart- 
ment for special ruling. In instances, however, in which the cases 
fall into regular channels and can be handled under general instruc- 
tions (for instance, the admission of physically or mentally afflicted 
aliens from Canada to receive urgent and special treatment or to 
undergo operations in medical institutions on this side of the bound- 
ary) they may be handled under general instructions, which will 
be issued by the bureau and the department upon request. 

Rule 17. APPEALS. 

Subdivision 1. Infomdng alien as to right of appeal. — ^Where an 
appeal lies the alien shall be informed of his right thereto, and the 
tact that he has been so informed shall be entered in the minutes. 

Sued. 2. Appeals^ hoxo fled. — An alien desiring to appeal may da 
so individually or through any society admitted to an immigration sta- 
tion or through any relative or friend or through any person, includ- 
ing attorneys, permitted to practice before the immigration authori- 
ties. Where such an appeal has been taken any further appeal shall 
be disregarded. Appeals purporting to be filed on behalf of an alien- 
but without his knowledge or consent previously obtained, may be 
ignored. A board member who dissents from a majority vote to 
admit also may take an appeal. In such a case the alien shall be 
allowed the same opportunity for representation as though the 
appeal were his, but his brief or argument must be submitted at the 
same time that the board member's appeal is forwarded to the 
bureau. 

SuBD. 3. Time forJiUng^ appeals. — Appeals must be filed promptly. 
The immigration officer in charge may refuse to accept an appeal 
filed after the alien has been removed from an immigration station for 
deportation, provided the alien had a reasonable opportunity to 
appeal before such removal. Any appeal filed more than 48 hours 
after the time of an excluding decision may be rejected by the immi- 
gration officer in charge in his discretion. 

SuBD. 4. Where no appeal lies. — No appeal lies where the decision 
of a board of special inquiry, based upon the certificate of the exam- 
ining medical officer, as required by section 17, rejects an alien be- 
cause {a) he is afflicted with tuberculosis in any form or a loathsome 
contagious or dangerous contagious disease, or (&) he is an idiot or 
an imbecile or an epileptic or is insane or feeble-minded, or (c) he is 
afflicted with constitutional psychopathic inferiority or has any 
mental defect or is a chronic alcoholic. 

SuBD. 5. Wh^re appeal lies despite certi-ficate. — ^When an alien is 
certified for a physical defect other than tuberculosis in any form or 
a loathsome contagious or dangerous contagious disease, the board 



IMMIGRATION BULES. 63 

of special inquirv must decide, on the basis of all the eridence (in- 
cluding the certificate) whether or not such certified defect may affect 
his ability to earn a living. An alien rejected on said ground is 
entitled to appeal. 

SuBD. 6. Forwarding appeal record. — The complete appeal record 
shall be forwarded promptly to the bureau with the views in writ- 
ing of the immiCTation officer in charge. 

SuBD. 7. Bonds under section 21 ^. — Where the landing of an alien 
under bond is authorized, unless different instructions are given, the 
bond* shall be in the sum of $500, and the alien shall not be re- 
leased until it has been furnished and the immigration official in 
charge has satisfied himself of the responsibility of the sureties. If 
withm a reasonable time after landing under bond is authorized a 
satisfactory bond is not furnished, instructions shall be requested of 
the bureau. 

SuBD. 8. Cash deposits vmder section 21. — ^If the acceptance of a 
cash deposit is authorized, the deposit, unless different instructions 
are given, shall be in the form of a postal money order and in the sum 
of $500. A receipt for the deposit shall be issued by the officer in 
charge, showing the object for which the money has been accepted 
and the disposition to be made thereof. The monev order shall be 
then transmitted to the department, by which it will be deposited in 
the postal savings bank at Washington, in such manner as to permit 
the interest accruing thereon to be paid semiannually and transmit- 
ted to the person making the cash deposit. 

Sued. 9. Reopening of cases, — ^Whenever a case is referred back to 
a board by the bureau or the department in order that additional evi- 
dence may be taken, such case is thereby reopened ; and after the new 
evidence has been taken the board shall render a new decision, in 
which it may in its discretion reaffirm, alter, or reverse its previous 
decision. The mere action of referring back a case under such cir- 
cumstances is not to be taken as an indication of any disapproval by 
the bureau or the department of the board's decision or of what the 
new decision should be. 

Sued. 10. Bequests for reopening, — ^Whenever, either before or 
after receipt of a decision from the bureau or the department affirm- 
ing an excluding decision, the local immigration officials learn of new 
evidence of such relevancy and materiality as in their opinion to re- 
quire that, in justice to the alien or the United States, it be consid- 
ered by the board, they may stay deportation and request the bu- 
reau's permission to reopen the case, at the same time briefly stating 
the general nature of the new evidence. This usually should be done 
by letter. Whenever it is necessary to resort to a telegram, such tele- 
gram shall be in substantially the following form : 

For the purpose of receiving new material evidence, recommend reopening 
case of (Very briefly indicate character of new evidence.) 

The words " For the purpose of receiving new material evidence, 
recommend reopening case of " shall be represented by the code wora 
" Renvoy." Thus it will be possible to phrase the telegram in a few 
words. Upon receipt of the bureau's permission to reopen, the board 
again acquires full control of the case as under subdivision 9 hereof, 

^For release of arrested aliens tinder bond, see Rule 22. 
a Execute in duplicate* using Form 554 or 579. 



64 IMMIGRATION BULES. 

SuBD, 11. Procedure in reopened cases. — ^The hearing in a case re- 
opened before a board of special inquiry shall be of the same nature 
and be subject to the same conditions, limitations, and privileges as 
an original hearing before such body. 

SuBD. 12. Detention expenses dwrin^ extended time. — ^The immi- 
gration officer in charge may decline, m his discretion, to extend an 
alien's time to appeal or to delay deportation except on condition 
that there be deposited a sum of money sufficient to defray the cost 
of maintenance during the extension or delay granted. 

SuBD. 13. Applications for privilege of reapplying for adrrdssion. — 
Aliens rejected or arrested and deported under any provision of the 
act who apply for admission withm one year after such deportation 
are mandatorily excluded, unless prior to so applying, at either a sea- 
port or a land border port, they shall have obtained the consent of 
the Secretary to their again presenting themselves for examination 
(sees. 3 and 18). Application for this privilege always shall be sub- 
mitted to the immigration official in cnarge at the port where the 
alien was previously rejected or the immigration official in charge 
of the district in which the alien was arrested for deportation, and 
shall be forwarded by such official to the bureau, accompanied by the 
record previously formulated, imless the bureau already, through 
warrant or appeal proceedings, has come into possession of such rec- 
ord. The telegraphing of such applications shall be avoided as far 
as possible and, when gi*anted, always shall be at the expense of the 
alien or those interested in him both as to the application (which 
should be prepaid) and telegraphic response from the department 
(which will be transmitted "collect"). Aliens rejected solely as 
"accompanying aliens,'* or deported solely on the ground of being 
" under 16 unaccompanied " may reapply for admission without se- 
curing permission in advance.^ 

Rule 17-A. TEMPORARY RELEASE. UNDER ARRANGEMENTS FOR SELF-SUPPORTING 
EMPLOYMENT, OF ALIENS EXCLUDED OR ORDERED DEPORTED. 

Subdivision 1. General conditions. — {a) Aliens whose prompt de- 
portation can not be accomplished because of war or other conditions 
may, upon permission secured from the department, be released and 
permitted to accept self-supporting employment under the conditions 
hereinafter stated. 

(&) Such release shall be temporary only, and any alien who vio- 
lates the conditions exacted shall immediately be taken into custody 
and detained as an alien deportee under the outstanding excluding 
decision or departmental warrant, the facts in such cases to be 
promptly reported to the department. 

((?) A photograph and complete personal description of the alien 
shall be taken for purposes of identification. The cost of the photo- 
graph will be borne by the immigration appropriation. 

{d) No alien shall be released under the conditions herein pre- 
scribed unless he has assurances of self-supporting employment, se- 
cured through the United States Employment Service or otherwise, 
as mav be found most practicable in individual cases. Immigration 
officials will in proper cases facilitate the execution of application 
forms and otherwise assist in arranging matters incident to the em- 
ployment of the alien. 

^ See snbd. 3, Rule 5, and subd. 2, Rule 6. 



IMMIGRATION RULES. 65 

SuBD. 2. Conditions to he observed by employer. — (a) A prospec- 
tive employer shall be required, as a condition precedent to the tem- 
porary admission or employment hereunder of any alien, fully to dis- 
close to the immigration official having the alien m custody his plans 
with reference to the employment of such alien, including the wages, 
how often paid (giving dates), housing conditions, and duration oi 
employment. 

{b) A prospective employer shall also be required to give his writ- 
ten stipulation to the following effect, viz : 

(1) That he will abide by and comply with the terms of this rule. 

(2) That he will pay the current rate of wages for similar labor in 
the community in which the released alien is to be employed. 

(3) That with respect to housing and sanitation the laws and 
rules of the State in which the alien is employed will be observed. 
If employed in a State that has no law on said subject, such condi- 
tions must be satisfactory to the Secretary of Labor. 

(4) That he will keep the immigration officer in charge of the case 
advised promptly of any change made in his plans as originally dis- 
closed, with respect to the place, duration, or character of the em- 
ployment of the alien by him, and wages and times of payment 
thereof. 

(5) That he will notify such officer immediately upon learning that 
the alien released to him has left his employ (without his previous 
knowledge of the alien's intent to do so) and will furnish all possible 
information to assist immigration officers in ascertaining whether or 
not the conditions of this rule are being observed. 

(6) That he will retain from the released alien's wages the^ sums 
named in subdivision 3 hereof and transmit same for deposit in the 
Postal Savings Bank in the maimer therein specified. 

SuBD. 3. Withholding portion of wages and mdkvng reports. — ^As 
additional means of insuring that an alien released under the pro- 
visions of this rule will be produced for deportation when called for, 
the following conditions shall be observed : 

{a) Each such alien shall, prior to release for the purpose of ac- 
cepting employment, apply for permission to open an account in 
the Postal Savings Bank at the place indicated by the immigration 
officer in charge of the case ; deposits to such alien's credit will later 
be made in this account after the manner herein provided. 

(&) The employer shall withhold from the alien's wages twenty- 
five (25) per centum of the amount earned, avoiding odd amounts 
by withholding the nearest sum to 25 per centum in multiples of 25 
cents ; for example, if the wages are $2.75 per day, the amount with- 
held will be 75 cents per day. If the alien changes his employer in 
accordance with the provisions of this rule, each subsequent employer 
shall continue withholding 25 per centum of the wages earned. 

{c) On each pay day the employer shall transmit to the immigra- 
tion officer in charge of the case the money withheld from the alien's 
wages in pursuance of the preceding paragraph. Postal money 
orders payable to such officer, purchased at the cost of the alien, shall 
be used in making these remittances. Such officer shall indorse said 
money order to the local postmaster and deposit the money with the 
local Postal Savings Bank to the credit of the alien from whose 
wages the sum represented has been withheld, retaining in his pos- 

26370^—21 — .-5 



gg IMMIGRATION RULES. 

session the receipt for such deposit. The funds so deposited will re- 
main in the Postal Savings Bank until the alien leaves the United 
States, whereupon such officer shall arrange for delivery to the alien 
of the money so saved, plus the interest, if any, accrued thereon ; but 
partial withdrawals may be permitted under the terms of the next 
succeeding paragraph. 

(d) If an alien released under the terms of this rule becomes 
ill, out of employment, or otherwise needy through force of circum- 
stances (such as illness of his accompanying family), he may apply 
to the immigration officer in charge of the case for permission to 
withdraw and use a part of the accumulated fund which may be on 
deposit in the Postal Savings Bank to his credit; and such applica- 
tion may, after due investigation, be granted by allowing with- 
drawal in installments up to not exceedmg one-half of the sum on 
deposit, or more upon special permission of the department; the 
accumulation to be recommenced as before as soon as the alien re- 
sumes employment. 

(e) If the work for which the alien is employed has been com- 
pleted and no other employment is open to him, the officer in charge 
of the case shall be notified by the alien and the latter shall be re- 
turned to custody, the cost of his own travel in so doing to be paid 
from the funds on deposit to his credit under the terms of this rule. 
If other employment is open to him, the alien shall so notify the im- 
migration officer, giving full particulars as to the prospective em- 
ployment proposed. 

Sub. 4. Change of employers. — ^An alien released under the terms 
of this rule who changes employers shall be subject to be taken into 
custody on the outstanding decision or departmental warrant, in the 
event that he fails to report any change of employment or that any 
subsequent employer fails or neglects to comply with the require- 
ments of this rule as to withholding and depositing 25 per cent of 
the wages earned by the alien. Any default shall oe promptly re- 
ported to the department by the officer in charge of the case, details 
to be furnished for the completion of the records. 

Sub. 5. Release contingent upon good ieluwior. — ^Any release 
granted under the terms of this rule may be terminated if the alien 
so released has misbehaved or has failed to obey the laws of the 
United States and of the State or community in which such alien 
may be employed. 

Sub. 6. AppUcaiion of rule to existing cases. — ^Upon permission of 
the department, the provisions hereof may be applied to cases of 
aliens who have heretofore been released upon personal recognizance 
or parole, and to other cases in the discretion of the department. 
Su(5i permission may be granted where it is shown that the ends of 
good administration will be served or other desirable results obtained 
by making a change in the conditions of release, but the department 
may, in its discretion, impose other conditions in addition to those 
provided in this rule, should the circumstances of a particular case 
so require. 

Rale 18. MEDICAL OFFICERS. 

Medical officers detailed for any duty under the immigration law 
shall, in matters of administration, be under the direction of the im- 
migration officer in charge at the p ort to which they may be detailed.^ 

*See sec. 16. 



IMMIGRATION BTJLES. 67 

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. 

Rale 19. HOSPITAL TREATMENT. 

Subdivision 1, Staying deportation of wives and children of n/it- 
uralized citizens and permanently resident aliens. — ^When an alien 
certified upon arrival to be afflicted with tuberculosis in any form or 
a loathsome contagious or dangerous contagious disease is f oimd to be 
{a) the wife or minor child of an alien who is shown to have taken 
up his permanent residence in the United States; (&) the wife of a 
naturalized citizen, married to him abroad prior to his naturaliza- 
tion; or {c) the minor child of a naturalized citizen, born abroad to 
him prior to his naturalization, such alien shall be held imtil it is 
ascertained whether the disorder will be easily curable or whether 
landing can be permitted without danger to others. The law does 
not direct that any other aliens so afflicted (except seamen)^ shall be 
held. Deportation shall occur promptly with respect to such wives 
and minor children if and when it is ascertained that the disorder is 
not easily curable or that the alien can not be landed without danger 
to others ; and with respect to all others if and when it is ascertained 
that the alien is diseased ; unless, in behalf of either, application for 
treatment is made promptly in accordance with the terms of subdi- 
visions 2 and 3 hereof. To expedite the handling of cases under this 
rule, examining surgeons should include, so. far as possible, in their 
certificates for tuberculosis in any form or loathsome contagious or 
dangerous contagious diseases a 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. 

SuBD. 2. Applications for hospital treatment. — ^Applications for 
hospital treatment, whenever submitted in accordance with this rule, 
shall be forwarded promptly to the bureau for presentation to the 
department. Such applications may arise with respect to the cases 
described in the preceding subdivision, under section 22, or in con- 
nection with cases arising under section 18. The requirements with 
respect to each differ, and those arising under section 22 are of two 
descriptions; therefore such applications are classified as follows: 

{a) Arising under section 22, those affecting the wives and minor 
children of naturalized citizens; with respect to which, unless upon 
investigation of the application submittea the husband or father is 
satisfactorily shown to be unable to bear the expense involved in 
hospital treatment, the conditions specified in subdivision 3 hereof 
must be met, and in which proof oi naturalization specified in sub- 
division 4 hereof must be furnished. 

(J) Arising under section 22, those affecting the wives and minor 
children of aliens permanently resident in the United States; with 
respect to which the conditions specified in subdivisions 3 and 4 hereof 
always must be met. 

{c) Arising under section 18, those affecting aliens, irrespective of 
any question of relationship, afflicted with tuoerculosis in any form 
or a loathsome contagious or dangerous contagious disease, in which 
cases it must be shown affirmatively and satisfactorily that " to refuse 
treatment would be inhumane or cause unusual hardship or suffer- 

1 See sec. 35 and Rule 10. 



68 IMMIGRATION RULES. 

ing " ; with respect to which the conditions specified in subdivision 
3 hereof need not be met. 

SuBD. 3. Requirements to be met in certain applications for hos- 
pital treatment— Except as specified in paragrapn (a) of subdivision 
2 above, no application for hospital treatment of aliens afflicted with 
tuberculosis or a loathsome contagious or dangerous contagious dis- 
ease, arising under section 22, will be considered unless submitted 
promptly to the immigration official in charge at the port of arrival 
(by him to be forwarded to the bureau), and imless in addition such 
application shows that the applicant or some one on his behalf is 
willing and able to deposit at once a sum sufficient to pay for treat- 
ment for 60 days, or less if a shorter time is estimated as that within 
which a cure possibly may be effected, and to furnish bond in a pen- 
alty of not less than $300 providing that at least 15 days prior to the 
expiration of said period a further deposit will be made sufficient to 
cover cost of treatment for 30 days additional and a remittance of a 
similar amount 15 days prior to the expiration of the period covered 
by this deposit, and so on until the alien is cured and permanently 
landed or the case otherwise disposed of, the bond also to provide 
that a sum sufficient to defray the cost of forwarding the alien to 
final destination will be furnished, when and if needed, and, in the 
event the 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 ir eventually deported, that such an at- 
tendant or funds sufficient to defray cost of employing one will be 
furnished. The same time shall be allowed for filing applications 
for hospital treatment as is allowed for the filing of appeals.^ If on 
arrival the condition of an alien is such that, in the estimation of the 
inmiigration official in charge, the dictates of humanity require that 
he shall be given immediate hospital treatment, such treatment shall 
be accorded. 

SuBD. 4. Proof of naturalization or permanent residence, — ^Nat- 
uralization shall be proved by the presentation of a naturalization 
certificate and identification of the presenter as the rightful holder 
thereof. " Permanent residence ^ shall be understood to mean that the 
alien sending for wife or child has relinquished his former foreign 
domicile and actually settled in the United States— established his 
permanent home here, such fact to be proved in the ordinary manner. 

SuBD. 5. Report and certificate to accom/pany application. — ^The 
immigration official in charge who forwards the application shall fur- 
nish 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 shall state whether or not the preliminary deposit 
has been made, and whether or not he thinks the bond required will 
be forthcoming in the event the application is granted; and shall 
express his views of the case. 

SuBD. 6. Action if requirements not observed, — ^If the application 
is granted and there is a failure to observe the terms of the bond ex- 
acted, report thereof shall be made to the bureau, 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 

1 See subd. 3, Rule 17. 



IMMIGRATION RULES. 69 

treatment may be charged against the deposit from the time the 
petition was filed. 

Sued. 7. Admission to hospital not a " lamding.'*'^ — ^The treatment of 
an alien under this rule shall not be conistrued 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 trans- 
portation companies under section 9 or Rules 3 and 26. " Landing " 
occurs only when the alien is admitted after a cure has been effected. 

Sued. 8. Expenses in cases of passengers apparently aliens hut 
really citizens, — ^If any arriving passenger apparently an alien is 
placed in hospital under any provision of this rule that does not re- 
quire expenses of hospital treatment to be paid by others than trans- 
portation companies, and it is subsequently shown that such passen- 
ger 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 passen- 
ger arrived. 

Rale 20. ASSISTANCE TO ADMITTED AUENS. 

Notwithstanding admission and for reasons satisfactory to the im- 
migration officer in charge, any alien may remain a few" days at an 
immigration station upon payment of actual expenses. If in such a 
case the delay in leaving the immigration station is due to accident 
or other unavoidable circumstances and the alien is without sufficient 
means to defray the expenses incident thereto, the immigration officer 
in charge, in his discretion, may authorize the same, reporting the 
case promptly to the bureau with full reasons for his action and re- 
questing that the authorization be ratified. 

Rule 21. DEPORTATION OF EXCLUDED ALIENS. 

Subdivision 1. Notice to alien, — In case an appeal from an ex- 
cluding decision is dismissed and the decision affirmed, the alien 
shall be notified as promptly as circumstances permit. 

SuBD. 2. Notice to master^ etc, — ^The master, agent, consignee, or 
owner of a vessel by which an excluded alien is to be deported snal! 
be notified of this fact as promptly as circumstances permit ; also of 
the cause of rejection ^ ana the class in which such alien arrived and 
is to be deported. 

SuBD. 3. Placing^ on hoard, — The immigration officer in charge may 
place excluded aliens on board for deportation immediately upon 
exclusion, whenever in his judgment such action is necessary. ^ 

SuBD. 4. Notice 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 immigration officer in charge, in 
order that he may have the opportunity to place on board aliens to 
be deported by such vessel. 

Rule 22. ARREST AND DEPORTATION ON WARRANT* 

Subdivision 1. Classes of warrant cases. — All cases in which aliens 
may be arrested and deported are either stated in detail or mentioned 
in section 19. They fall into the following divisions. With respect 
to each of these divisions the law is retrospective or not and the time 
within which deportation proceedings may be instituted is limited or 

not, as indicated below. 

■ 

* See Rule 23 for aliens requiring special care and attention. 

* For instance, to prevent congestion or to remove danger of contagion. 



70 IMMIGRATION RULES, 

(a) Any alien who has entered the United States prior to May 1, 
1917, and who at the time of entry was a member of any one of the 
classes excluded under any provision of the immigration act of Feb- 
ruary 20, 1907; limitation nve years; retrospective. 

(&) Any alien who has entered the United States subsequent to 
April 30, 1917, and who at the time of entry was a member of any 
one of the classes excluded by section 3, or the last proviso to section 
18, or the last proviso to section 23, of the act of February 5, 1917 ; 
limitation five years ; not retrospective. 

(c) Any alien who shall have entered or who shall be found in the 
United States in violation of the act of February 5, 1917 ; limitation 
five years; not retrospective. 

(a) Any alien who shall have entered or who shall be found in 
the United States in violation of any other law, to wit, the Chinese- 
exclusion law; limitation five years; retrospective. 

(e) Any alien who becomes a public charge from causes not af- 
firmatively shown to have arisen subsequent to landing; limitation 
five years ; retrospective. 

(/) Any alien who shall have entered the United States bjr water 
at any time or place other than as designated by immigration of- 
ficials ; limitation three years ; retrospective. 

(g) Any alien who shall have entered the United States by land 
:at any place other than one designated by the Commissioner General 
as a port of entry for aliens, or at any time not designated by immi- 
^ation officials; limitation three years; retrospective. 

(A) Any alien who shall have entered without inspection; limita- 
tion three years; retrospective. 

(i) Any alien who may be sentenced to imprisonment for a term 
of one year or more because of conviction in this country of a crime 
involving moral turpitude, unless such alien has been pardoned or 
the court or judge sentencing him has recommended to the depart- 
ment, at the time of imposing sentence or within 30 days thereafter, 
that he be not deported ; limitation — ^that the crime shall have been 
committed within five years after entrj^; retrospective with respect 
to time of entry, but not retrospective with respect to conviction ; de- 
portation shall not occur until termination of imprisonment. 

(j) Any alien who may be sentenced more than once to imprison- 
ment for a term of one year or more because of conviction m this 
country of a crime involving moral turpitude, unless such alien has 
been pardoned or the court or judge sentencing him has recom- 
mended to the department, at the time of imposing sentence or within 
30 days thereafter, that he be not deported ; no limitation ; retrospec- 
tive with respect to time of entry, but not retrospective with respect 
to conviction ; deportation shall not be effected until termination of 
imprisonment. 

(k) Any alien who shall be found an inmate of or connected with the 
management of a house of prostitution ; no limitation ; retrospective. 

(I) Any alien who shall be found practicing prostitution ; no limi- 
tation ; retrospective. 

(m) Any alien who shall receive, share in, or derive benefit from any 
part of the earnings of any prostitute ; no limitation ; retrospective. 

(n) Any alien who manages or is employed by, in, or in connection 
with any house of prostitution or music or dance hall or other place 
of amusement or resort habitually frequented by prostitutes, or where 
prostitutes gather ; no limitation ; retrospective. 



IMMIGRATION RULES. 71 

(o) Any alien who in any way assists any progtitute or protects 
or promises to protect from arrest any prostitute; no limitation; 
retrospective. 

(p) Any alien who shall import or attempt to import any person 
for the purpose of prostitution or any other immoral purpose; no 
limitation ; retrospective. 

{q) Any alien who, after being excluded and deported or arrested 
and deported as a prostitute, or as a procurer, or as having been 
connected with the business of prostitution or importation for pros- 
titution or other immoral purposes in any of the ways specified in 
section 19, shall return to and enter the United States; no nmitation; 
retrospective. 

(r) Any alien convicted and imprisoned for a violation of any of 
the provisions of section 4 ; no limitation ; retrospective. 

(s) Any alien who was convicted or who admits the commission 
prior to entry of a felony or other crime or misdemeanor involving 
moral turpitude ; no limitation ; retrospective. 

(t) Any alien of the classes described in the act approved October 
16, 1918, concerning members of the anarchistic and similar classes; 
no limitation; retrospective. 

(u) Any alien who shall be found advocating or teaching anarchy, 
or the overthrow by force or violence of the Government of the 
United States or of all forms of law or the assassination of public 
officials; no limitation; retrospective. 

(v) Any alien who, after naving been admitted as one exempt 
from the geographical zone clause of sec. 3, fails to maintain ms 
status as such ; no limitation ; not retrospective. 

SuBD. 2. Investigation and report of cases. — Officers shall make 
thorough investigation of all cases when they are credibly in- 
formed or have reason to believe that a specified alien in the united 
States is subject to arrest and deportation on warrant. All such 
cases, by whomsoever discovered, shall be reported to the immigration 
officer stationed nearest the place where the alien is found to be. 

SuBD. 3. Application for warrant of arrest. — ^The application^ 
must state facts showing prima facie that the alien comes within one 
or more of the classes subject to deportation after entry, and, except 
in cases in which the burden of proof is upon the alien (Chinese) 
involved, should be accompanied by some substantial supporting 
evidence. If the facts stated are within the personal knowledge of 
the inspector reporting the case, they need not be in affidavit form. 
But if based upon statements of persons not sworn officers of the 
Government (except in cases of public charges covered by subdivision 
4 hereof), the application should be accompanied by the affidavit 
of the person giving the information or by a transcript of a sworn 
statement taken from that person by an inspector. In all cases 
shown in subdivision 1 to be subject to a time limitation the appli- 
cation must be accompanied by a certificate of landing^ (to be 
obtained from the immigration officer in charge at the port where 
landing occured, unless entry without inspection within such limi- 
tation is confessed, or a reason given for its absence. In the ab- 
sence of such certificate, effort should be made to supply the princi- 
pal items of information mentioned in the blank form provided for 
such certificate. Telegraphic application may be resorted to only in 
case of necessity, or when some substantial interest of the Govern- 

iPorm 565. 'Form 505. 



72 IMMIGRATION RULES. 

ment would be subserved thereby, and must state (a) that the usual 
written application is being forwarded by mail, and (6) the sub- 
stance of the facts and proof therein contained. The code supplied 
by the department should be used whenever practicable. 

SuBD. 4. Proof in cases of aliens who have become public changes. — 
The application in such cases must be accompanied by a certificate 
of the official in charge of the institution in which the alien is con- 
fined, or other responsible public official if the alien is not confined, 
showing that the alien is being maintained at public expense. There 
should be submitted also, whenever readily available, evidence (such 
as certificates from attending physicians, etc.) tending to show that 
the causes for the alien's being a public charge existed prior to entry .^ 

SuBD. 5. Execution of warrant of arrest amd hearing thereon, — 
(a) Upon receipt of a telegraphic or written warrant of arrest the 
alien shall be taken before the person or persons therein named or 
described and granted a hearing to enable him to show cause, if 
any there be, why he should not be deported.^ Pending determina- 
tion of the case, in the discretion of the immigration officer in charge, 
he may be taken into custody or allowed to remain in some place 
deemed by such officer secure and proper, except that in the absence 
of special instructions an alien confined in an institution shall not be 
removed therefrom until a warrant of deportation has been issued 
and is about to be served. 

(6) At the beginning of the hearing under the warrant of arrest 
the alien shall be allowSi to inspect the warrant of arrest and all the 
evidence on which it was issued, and shall be apprised that he may 
be represented by counsel. The alien shall be required then and 
there to state whether he desires counsel or waives the same, and his 
reply shall be entered on the record. If counsel be selected, he shall 
be permitted to be present during the conduct of the hearing, and to 
offer evidence to meet any evidence presented or adduced by the Gov- 
ernment. Objections and exceptions of counsel shall not be entered 
on the record, but may be presented by him in accompanying brief. 
If during the hearing it shall appear to the examining inspector that 
there exists a reason additional to those stated in the warrant of 
arrest why the alien is in the country in violation of law, the alien's 
attention shall be directed to the facts which constitute such reason, 
and he shall be given an opportunity to show cause why he should 
not be deported therefor. 

(t?) At the close of the hearing the full record shall be forwarded 
to the bureau, together with any written argument submitted by 
counsel and the recommendations of the examining officer and the 
officer in charge, for determination as to whether or not a deporta- 
tion warrant shall issue. 

(rf) The record of the hearing accorded an alien who is suffering 
from any physical or mental disability shall be supjjlemented by a 
medical certificate showing (1) whether such alien is in condition 
to be deported without danger to life; (2) whether he will require 
special care and attention on the ocean voyage. 

SuBD. 6. Release under bond. — ^The amount of any bond under 
which an arrested alien may be released* shall be $500, unless dif- 

iThe form of medical certificate (Form 534) used In enforcing the act of 1907 may be 
adapted for use in this connection. 

^If the alien is unable to speak or understand English, an interpreter should be em- 
ployed where practicable. If the alien is physically or mentally incapable of testifying, 
some relative or friend, if any, should be questioned. 

a Use Form 553. (See sec. 20.) 



IMMIGRATION BULES. 73 

ferent instructions are given by the department, which, prior to 
release, shall approve the bond, except that the approval of the local 
United States attorney, or the Commissioner of Immigration or the 
inspector in charge of the district as to form and execution shall be 
suflBcient to warrant the release of such alien pending approval of 
the bail bond by the Secretary of Labor. United States bonds maj 
be accepted in lieu of sureties on bail bond, or sureties may deposit 
United States bonds instead of justifying in real estate. Aliens who 
are unable to give bail shall be held in jail only in case no other 
secure place of detention can be found. 

SuBD. 7. WarvaTvt for deportation and deportation thereon. — Upon 
receipt of the departoaent's decision, or as soon thereafter as the cir- 
cumstances of the case may require, the alien shall be taken into the 
custody of the immigration officials (if this has not occurred already) 
for deportation.^ Thereafter he shall be deported, previous notice of 
deportation having been given the steamship company concerned, 
together with a brief description of the alien and any other appro- 
priate data, including the cause of deportation, physical and mental 
condition, and destination.^ 

SuBD. 8. Cost of mamtenaffice perMag deportation on warrant. — 
{a) The cost of maintaining aliens during these proceedings may be 
borne by the Government, but as to aliens who have become public 
charges from causes existing prior to landing, such cost will not be 
allowed unless or imtil an appropriation becomes available for that 
purpose. 

{h) If proceedings against a procurer or contractor are instituted 
withm 5 years after the entry oi the alien (sees. 4, 5, and 20), immi- 
gration officers shall report to the United States district attorney 
the amount of the cost of deporting the alien, including one-half of 
the entire cost of removal to the port of deportation, so that a proper 
effort may be made to recover such expense from the procurer or 
importer and the reimbursement of the Government and the trans- 
portation company for their respective parts thereof. 

((?) If, after the Government has completed its investigation, re- 
quest is made by or on behalf of an arrested alien for an extension 
of time that seems unusual or unreasonable and any expenses will 
arise from granting such request, the deposit in advance of a sum 
sufficient to cover such expenses shall be required as a condition pre- 
cedent to the granting of such request. 

SuBD. 9. Pla^^e of deportation. — ^The deportation warrant shall 
specify the place to whicn the alien covered thereby will be deported 
in accordance with section 20. " Foreign port " as used in said sec- 
tion includes ports of the insular possessions of the United States. 

SuBD. 10. Women and girU^ special procedure concemvng treat- 
ment and care of. — {a) When it is necessary to detain or hold ar- 
rested women and girls they shall not be incarcerated by immigration 
officials in jails or other similar places unless such incarceration is 
absolutely unavoidable ; but if there is not attached to the immigra- 
tion station or quarters a room suitable for such purpose, and if such 
aliens are not already being held in some proper institution, arrange- 

1 If an attendant (or matron) Is required to assist in conveying alien from an inland 
point to the seaport of deportation, special request for authorization therefor should 
accompany the record of hearing. Such attendants are allowed a nominal compensation 
of $1 and traveling expenses both wavs. This rate must not be exceeded unless extraor- 
dinary conditions, fully reported, result in authorization of a different compensation. 

3 For special provisions in the cases of insane and diseased aliens requiring special care 
and attention, see Rule 23. 



74 IMMIGKATION BULBS. 

ments shall be made for their detention by some philanthropic or 
other similar society, preferably under the control of organizations 
or persons of the same nationality and religion as the detamed aliens. 
(6) To the fullest extent practicable there shall be designated at 
each immigration station or substation a female employee whose par- 
ticular duty shall be to care for arrested women and girls if such 
aliens are detained in the immigration station or quarters, and 
to see that they are properly cared for if detained elsewhere. For 
convenience, such employees shall be called "special officers." In 
furtherance of this provision the said special officer shall keep in 
touch and cooperate with such philanthropic and similar societies as 
assist the immigration officials in the handling of these casea 

(c) In every such case in which it is found absolutely necessary 
to incarcerate the alien in a jail or other similar place a report of 
the action and of the reasons therefor shall be submitted promptly 
to the bureau. 

(d) In every instance in which it is necessary to commit a woman 
or girl to the custody of a society for more tnan a brief period of 
time the society shall be requested to submit weekly reports regard- 
ing the condition and behavior of the detained alien ; and whenever 
facts or circumstances to justify so doing are developed a report 
thereof sjiall be forwarded to the bureau. 

(e) If in any case the ends of proper and humane administration 
seem so to require, the special officer shall conduct an investigation 
or submit a report, or both, independently of the investigation and 
report of the inspector conducting the hearing under the warrant of 
arrest; all under and through the officer in charge of the station or 
district. 

(/) It being the purpose of this special procedure to humanize the 
admmistration of the law, it is important that the cases of women 
and girls shall be handled in a particulaiiy considerate and careful 
manner, not only while the aliens are being detained in this country 
but^ in the event of deportation, after they arrive in the country of 
their nativity or at the port where they originally embarked for the 
United States. In furtherance of their proper treatment abroad ar- 
rangements have been made (in addition to those for some time ex- 
isting by virtue and in pursuance of the White-Slave Traffic Inter- 
national Agreement and of section 6 of the act of June 25, 1910, for 
correspondence bv the Commissioner General of Immigration with 
representatives oi the respective foreign Governments, parties to said 
agreement) for advising certain women's organizations in Europe 
and elsewhere with respect to the facts and circumstances of all* cases 
in which it is deemed that advices should be sent abroad to insure 
that upon disembarkation at the foreign port women and girls will be 
at least in a position where responsible and charitably disposed per- 
sons will have knowledge of them and be able, wherever possible, to 
extend assistance. Thus, to the fullest extent practicable, in cases 
in which deportation is effected on grounds of immorality, it will 
be insured that deportation will not result in affording means for the 
further degradation of the alien, but rather in placing her in the 
way of opportunities for reformation. All correspondence with rep- 
resentatives of foreign countries and representatives of foreign 
women's societies shall be conducted by the bureau at Washington. 
Special officers assigned to duty under paragraph (&) hereof shall 



IMMIGBATION BULBS* 75 

advise the bureau fully in each case in which they believe corre- 
spondence of the nature herein designated should be conducted. Such 
reports shall be in triplicate so that the bureau, whenever it deems 
that course proper, may forward copies thereof to the Government 
and society representatives abroad prior to or simultaneously with 
the deportation of the alien. At stations where it is impracticable 
to designate a special officer for this duty such reports shall be 
furnished by the officer in charge. 

SuBD. 11. Deportation hy conaeTit^ — ^Any alien who is a lawful 
resident of the United States and who has become a public charge 
from physical disability arising subsequent to landing may be de- 
ported, with his consent and the approval of the bureau, within three 
years from date of landing, at Government expense, provided he is 
delivered to the immigration officers at a designated port free of 
charge. If the alien's deportation is directed, the charges incurred 
for his care and treatment in any public or charitable institution 
from the date of notificatirai to an immigration official until the ex- 
piration of one year after landing may be paid by the bureau at such 
rates as it shall accept as reasonable. 

Bide 23. DEPOBTATION OF INSANE AND DISEASED ALIENS BEQUIBING SPECIAL 

CARE AND ATTENTION. 

Subdivision 1. When to he provided. — ^When the immigration au- 
thorities find that an alien about to be deported (whether after 
rejection by a board or on department warrant) requires special care 
and attention, the steamship company concerned must provide such 
care and attention as his condition calls for, not only during the 
ocean voyage but also as hereinafter provided during the foreign 
inland journey. 

SuBD. 2. Special papers. — The alien shall be delivered to the mas- 
ter or first or second officer of the vessel by which deportation is to 
occur, who shall be given the appropriate form,^ and a duplicate 
carbon of sheet "A" thereof. The receipt and sheet "A" shall be 
filled out (except as to signature) by an immigration officer. The 
receipt attached to sheet "A" shall be signed by the ship's officer to 
whom the alien has been delivered and returned forthwith to the 
immigration officer making delivery. Sheets " B " and " C " shall be 
retained by the ship's officer and in due course filled out by the agents 
or persons therein designated and by them returned by mail as therein 
provided. 

SuBD. 3. Forwarding alien frorw foreign port to destination. — 
From the foreign port of debarkation the steamship company must 
forward the alien to destination in charge of a proper custodian (all 
expenses to be borne by such company), except only in cases where 
foreign public officials decline to allow such custodian to proceed 
and themselves take charge of the alien, which fact must be shown 
by signing the form provided in the lower half of sheet " C." If the 
foreign public officials do not take charge at the port of debarkation, 
but at an interior frontier, both forms on sheet " C " must be filled 

1 See sec. 23. 

«Form 597, composed of sheets "A," "B," and " C." At the blank space following 
"No." at the top of each sheet, department warrant number must be placed if deporta- 
tion occurs pursuant to warrant, and local correspondence file number If it occurs pur- 
suant to rejection by a board. 



76 IMMIGBATION BULES. 

out, the former in relation to the inland journey as far as such 
frontier.^ 

SuBD. 4. When Secretary will em/ploy aitendanta. — ^Whenever, 
without excuse satisfactory to the immigration officer in charge at 
the port of embarkation, a steamship company has failed for a period 
of 90 days after departure of an alien requiring special care and 
attention under this rule to comply with any of the terms thereof, 
including cases in which it has failed to return sheets " B " and " C " 
properly filled out, such immigration officer shall report this fact 
forthwith to the bureau, and thereafter the Secreary oi Labor, with- 
out further notice and during such period as he shall determine, will 
exercise his right (sec. 20) to employ suitable persons to accompany 
to their final destination aliens deported on a vessel of such steam- 
ship company requiring special care and attention. Instructions as 
to compensation of such attendants, their mode of travel, their right 
of access to the alien during the ocean voyage, and other necessary 
matters will be given in each case as it arises. 

Ride 24. SUBP(ENAING WITNESSES. 

Subdivision 1. When power shall he exercised, — ^The provision of 
section 16 authorizing commissioners of immigration and inspectors 
in charge to subpoena witnesses and require the production of books, 
papers, and documents is intended to aid, not to impede, the immi- 
gration officers in the performance of their duties. The power to 
issue subpoenas will be exercised, therefore, only when ahsolutely 
necessary. Whenever an inspjector conducting an investigation or a 
board of special inquiry holding a hearing is of opinion that a cer- 
tain witness whose testimony is deemed essential to a proper decision 
of the case will not appear and testify or produce boots, papers, and 
documents unless commanded to do so, such inspector or the chairman 
of such board shall request the commissioner or inspector in charge 
to issue a subpoena and have it served upon such witness. If an alien 
or his authorized representative requests that a witness be subpoenaed, 
he shall be required, as conditions precedent to the granting of the 
request, to state in writing what he expects to prove by such witness 
or the books, papers, and documents indicated by him and to show 
affirmatively that the proposed evidence is relevant and material and 
that he has made dilligent efforts without success to produce the 
same. The examination of the witness or of the books, papers, and 
documents produced by him shall be limited to the purpose specified 
in the written assignment of the alien or his authorized representa- 
tive. But when a witness has been examined by the investigating 
officer and counsel has not had an opportunity to cross-examine such 
witness and it is apparent or is shown that such witness will not ap- 
pear for cross-examination unless commanded to do so, a subpoena 
shall issue. 

SuBD. 2 How power exercised. — ^Upon determining that a witness 
whose evidence is desired either by the Government or the alien will 
not be likely to appear and testify, or produce written evidence 
imless commanded to do so, the commissioner or inspector in charge 
shall issue a subpoena and have it served upon the witness by an 

iWhen foreign public officials have taken charge at the port of debarkation it will be 
unnecessary to fill out any portion of the form on the upper naif of sheet " C." 



IMMIGRATION BULES. 77 

immigration officer or employee, in conformity with this rule, due 
record of such service to be made. ^ If the witness neglects or refuses 
to respond to the subpoena, the United States attorney of the proper 
district shall be requested so to report to the appropriate district 
court, with a motion that an order be issued requiring the witness 
to appear or to produce written evidence, as contemplated by section 
16, or for action as therein specified in the event of continued neglect 
or refusal. 

SuBD. 3. Expenses of witnesses, — ^The law does not provide for 
the payment of fees by the Government in these cases, if a witness 
subpoenaed at the request of the alien or his representative demands 
that he be recompen^ for time lost from his employment, arrange- 
ments therefor must be made by the alien or his representative as a 
condition precedent to the issuance of the subpoena. If the witness 
is subpoenaed at the request of an inspector or the chairman of a 
board, recompense can not be allowed. 

Sued. 4. Reports. — Commissioners or inspectors in charge shall 
submit promptly to the bureau a report of each subpoena issued 
under the terms of this rule. 

Bole 25. HOLDING AS WCTNESSES ALIENS OBDERED DEPOBTED. 

Subdivision 1. Whencav/se for deportation existed prior to entry, — 
It is provided by section 18 that the department may stay the deporta- 
tion " of any aliens found to have come in violation of any provision " 
of the immigration act when the testimony of such aliens is necessary 
on behalf or the United States in the prosecution of offenders against 
the immigration act or any other law of the United States, and that 
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 viola- 
tion of the immigration act, 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 bureau, with a statement of all facts and 
circumstances material to decision of the question whether the au- 
thorization desired shall be granted. Vouchers for witness fees 
should be stated in favor of each witness ^ and submitted at the close 
of each month or, if detention is for less than one month, at the con- 
clusion of such detention. Maintenance charges will be vouchered 
in the regular way applicable to such bills. 

SuBD. 2. When cause for defortation has arisen subsequent to 
entry, — Cases in which there exists no cause for deportation arising 
prior to entry (for exam^le^ cases in which aliens have become mem- 
bers of the immoral or criminal classes after landing) are not within 
the purview of the provision of section 18. In such cases, therefore, 
when it becomes necessarjr 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 

1 Form 574. 



78 IMMIGRATION RULES. 

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. 

Role 26. DETENTION EXPENSES. 

Subdivision 1. Responsibility of transportation companies. — ^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 rule 3 hereof (excepting 
only in cases in which it is otherwise provided by section 18, or in 
which detention occurs under the terms of section 22), 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 and subdivi- 
sion 2 ((?) of Rule 19. When aliens are fed under an exclusive 
privilege (sec. 26), 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 Service maintains hos- 
pitals the hospital expenses shall be such as are fixed by the depart- 
ment, and at other hospitals they shall be such as are fiixed by the 
authorities thereof. 

Sued. 2. Accompanying aliens. — ^If in the judgment of the officer 
in charge, based upon the expressed opinion of a surgeon, it is neces- 
sary for the proper care or an alien removed to hospital or as a 
measure of humanity to place with him there an attendant or accora- 

Eanying alien, the cost of the latter's detention in hospital must be 
ome in the same manner as is the cost of treating the disabled alien. 
SuBD. 3. Securing paym^rvt, — ^Immigration officers are under no 
obligation to order the removal of aliens from a vessel for inspection 
or hospital treatment until the steamship companies have obligated 
themselves in a manner satisfactory to such officers for the payment 
of the expenses hereinbefore referred to, 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.^ 

SuBD. 4. Expenses for which transportation companies not respon- 
sible. — Detention expenses shall be borne by the Government in cases 
of (a) aliens held as witnesses under section 18, (b) insane aliens 
whose health or safety would be unduly imperiled by immediate 
deportation (sec. 18), and (c) in cases in which the wives and minor 
children of naturalized citizens are accorded treatment under section 
22 and subdivisions 1 and 2 of Rule 19, 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 oi the alien, when he is able 
to pay them, in cases in which treatment of a wife or minor child is 
authorized under said section and rule ; and always by the husband 
or father when he is merely a permanent resident, not a naturalized 
citizen, of the United StateSj whose wife or child is allowed treatment 
under section 22 and subdivision 2 of Rule 19. Preferably they shall 

1 See sees. 11 and 15. 



IMMIGRATION BULES. 79 

be paid by the alien, but may be paid from the immigration appro- 
priation under special authority, (a) where it is necessary to hold the 
alien after adndasion in accordance with Rule 20^ and (6) in the cases 
of wives and minor children of naturalized citizens accorded treat- 
ment under section 22 and subdivisions 1 and 2 of Rule 19. 

Stjbd. 5. Expense of returning aliens to vessels. — ^The expense of 
returning rejected aliens to vessels for deportation is a part of the 
expense of the return of such aliens to the country whence they came. 

SuBD. 6. Presentation of bills, — Bills pertaining to any of the ex- 
penses in this rule mentioned shall be presented to the steamship com- 
panics responsible, monthly or oftener at the option of the officer in 
charge, and, if not promptly paid, action shall be taken immediately, 
as prescribed by Rule 28. 

BnU 27. ALIEN CONTRACT LABORERS. 

Subdivision 1. Who a/re. — Contract laborers are aliens " who have 
been induced, assisted, encouraged, or solicited to migrate to this 
country by offers or promises of employment, whether such offers or 
promises are true or false, or in consequence of agreements, oral, 
written, or printed, express or implied, to perform labor in this 
country of any kind, skilled or unskilled," or "persons who have 
come m consequence of advertisements for laborers printed, pub- 
lished, or distributed in a foreign country " (sec. 3). 

SuBD. 2. ExemptioThs, — ^Aliens falling within the foregoing defini- 
tion may be admitted to the United States, however, upon presenting 
satisfactory evidence that they are : 

a) Professional actors; 

h) Professional artists; 

c) Professional lecturers; 
t) Professional singers; 

\e) Professional nurses (i. e., trained nurses holding diplomas 
from recognized nurses' training schools or hospitals) ; 

7) Ministers of any religious denomination; 

\g^ Professors for colleges or seminaries; 

h) Persons belonging to any recognized learned profession; 

\i) Persons employed as domestic servants (i. e., employed in 
household affairs, as distinguished from work not immediately con- 
nected with the conducting of a family establishment, and as dis- 
tinguished from personal service such as that rendered by valets and 
ladies' maids) ; 

{j) Otherwise admissible skilled labor, if labor of like kind un- 
employed can not be found in this country and the Secretary has 
granted permission in advance of the migration of such skilled la- 
borers for their importation (sees. 3 and 5). 

{k) Exhibitors and employees of fairs and expositions authorized 
by Congress. 

SuBD. 3. Advance applications for privilege of importing skilled 
labor. — Applications lor permission to import otherwise admissible 
skilled labor in accordance with sections 3 and 5 and paragraph {j) 
of subdivision 2 hereof shall be submitted by the person, company, 
or corporation seeking such privilege to the immigration official in 
charge of the district within which it is proposed to employ such 
skilled labor. The application shall be in the form of an affidavit. 



80 IMMIGBATION EULES. 

drawn in triplicate, and shall state clearly all facts and circumstances 
material to the case, including (a) the number and sex of the persons 
whom the applicant desires to import, (&) a nontechnical description 
of the work which it is intended they shall perform, (c) whether the 
industrjT^ is already established or is new in uie United States, (d) the 
approximate length of time required for one to become skilled in 
the trade, (e) the wages paid and hours of labor required, (/) 
whether or not a strike exists or is threatened among applicant's 
employees or there is a lockout against such employees, (^) what 
city or cities if any constitute the center of the trade m this 
country, (h) whether or not there are any journals specially devoted 
to the industry, and (i) the nature of the efforts if any made to 
secure the desired labor in the United States and the results of such 
efforts. The application shall be supported by such affidavits (also 
in triplicate) as the applicant can furnish. The applicant shall also 
furnish, or agree to furnish at a later date, the names, ages, nation- 
ality and last permanent foreign residence of the aliens whom he 
desires to import, and the name of the port at which and of the vessel 
by which they will arrive, and the date of the proposed arrival. 

SuBD. 4. Investigation of application. — ^Thereupon the immigra- 
tion official in charge shall conduct a thorough investigation (using 
contract-labor inspectors employed in pursuance of section 24 when- 
ever practicable) and shall forward two copies each of the applica- 
tion^ of the accompanying affidavits, and of the report of the investi- 
gation, respectively, together with his recommendation, to the bureau. 
The entire record will then be summarized by the bureau and sub- 
mitted to the department with appropriate recommendation. Coun- 
sel may be employed in connection with such cases before the office of 
the immigration official in charge or the bureau, or both^ but all evi- 
dence shall be submitted to and investigated by the immigration 
official in charge. 

SuBD. 5. Decision upon application. — ^When a decision is rendered 
bv the Secretary upon the application the immigration official in 
charge shall be notified immediately, and he in turn shall notify the 
applicant of the purport of such decision. If it is favorable, a copy 
of the record will be transmitted to the port at which it is proposed 
the alien contract laborers shall enter, with instructions to the immi- 
gration official there in charge to admit such laborers if upon arrival 
and examination they are found to be admissible under all other pro- 
visions of the law. 

SuBD. 6. Admission of ''student laborers. ^^ — ^In pursuance of the 
provision of section 3 authorizing the bureau and the department to 
prescribe conditions " to control and regulate the admission and re- 
turn of otherwise inadmissible aliens applying for temporary admis- 
sion," employers of skilled labor desirous of training aliens in their 
establishments may be granted such privilege by the department, 
provided the prospective " student laborers " are admissible in every 
other respect except that they migrate under contract, and provided 
a bond is furnished for each such alien in the penalty of not less than 
$500, guaranteeing that the alien will be employed in no other than a 
student capacity while within the United States and will leave this 
country immediately upon the conclusion of his course of training. 
Applications for this privilege and proof in support thereof should 



IMMIGKAnON BULES. 81 

be submitted in substantial accordance with the provisions of subdi- 
vision 5 hereof. 

SuBD, 7. Exhibitors and their employ eea. — Exhibitors and holders 
of concessions or privileges for any fair or exposition authorized by 
act of Congress may bring into the United States under contract 
* alien mechanics, artisans, agents, and employees. Special regulations 
concerning the admission and return of such aliens will be issued if 
and whenever a fair or exposition is authorized by Congress (sec. 3). 
Such aliens, unlike others exempted from the contract-labor provi- 
sions, are also exempted from the illiteracy test. 

Bide 28. COLLECTING ADMINISTRATrVE FINES UNDER SECTIONS 7, 9, 14, 15, 18, 

20, 35, AND 36. 

SiTBDrvrrsiON 1. Medical certi-ficate under sections 9 and 35. — ^When- 
ever an arriving alien or seaman is found to be afflicted with any of 
the diseases or disabilities mentioned in section 9 or section 35, and 
in the judgment of the medical examiner such disease or disability 
existed at the time of foreign embarkation and might have been 
detected by means of a competent medical examination at such time, 
he shall so certify. 

SuBD. 2. Notice of intention to fine, — {a) Upon the receipt of a 
certificate of the kind described in subdivision 1 hereof in cases of 
aliens suffering with any of the physical or mental afflictions or de- 
fects mentioned in section 9 or section 35 ;^ or 

(&) Upon becoming satisfied that any alien has b^n brought t6 
this country after having been solicted, invited, or encouraged to 
come in violation of section 7 \^ or 

{c) Upon becoming satisfied that any alien excluded by the terms 
of section 3 as illiterate or as a native of that portion of the continent 
of Asia and the islands adjacent thereto described in said section has 
been brought in violation of section 9;^ or 

{d) Upon becoming satisfied that there has been a refusal or fail- 
ure to deliver accurate and full manifests or statements or informa- 
tion regarding aliens brought into or carried out of the United States 
in violation of section 14 ;* or 

{e) Whenever there has been any refusal or failure by the master, 
owner, agent, or consignee of a vessel to defray any of the expenses 
specified in section 15 ;* or 

(/) Whenever there has been any refusal or failure by any master, 
purser, person in charge, agent, owner, or consignee of the kind 
specified in section 18, or any such party has made any charge or 
taken any security covering return expenses of an alien, or taken any 
consideration to be returned in case the alien is landed, or knowingly 
brought to the United States any alien rejected or arrested and de- 
ported within a year previously in violation of said section ;® or 

{g) Whenever any master, agent, owner, or consignee of any ves- 
sel has failed or refused to take on board, guard safely, and trans- 
port to specified destination any deported alien, in violation of sec- 
tion 20 ;^ or . 

{h) Upon becoming satisfied that there has been a failure of the 
owner, agent, consignee, or master of any vessel to furnish the lists 

lUse Form 670. ^Use Form 674. 

« Use Form 671. • Use Form 675. 

» Use Form 672. » Use Form 676. 
*U8e Form 673. 

26370°— 21 6 



82 IMMIGRATION BULES. 

of arriving, illegally landing, departing, discharged, deserted, or 
landed seamen required by section 36 ; * — 

The officer in charge shall serve promptly upon the master, agent, 
owner, or consignee of the vessel, or other responsible person, a notice 
to the effect that the ascertained facts indicate that a fine should be 
imposed under the section of the law involved in the particular case ; 
that he will be allowed 60 days from the date of service of the 
notice within which to submit evidence and be heard in reference 
to the matter ; and that in the meantime the vessel on which the alien 
arrived will be granted clearance papers upon condition that he de- 
posit with the collector of customs, prior to the time of sailing, a 
sum equal to the fine specified in the said notice, such sum to be held 
as security for the payment of the fine in the event it should be im- 
posed, and, in cases arising under section 9, a sum equal to that paid 
by the alien involved for his transportation to this country from the 
initial point of departure, such latter sum to be held by tne collector 
of customs in a special deposit and to be delivered to the alien when 
deported through the immi^ation official in charge at the port. 

SuBD. 3. Service of notice. — Such notice shall be prepared in 
triplicate. The original shall be served on the master, agent, owner, 
or consignee of the vessel either by {a) delivering it to him in person, 
or (6) leavinff it at his office, or, whenever the immigration officer 
in charge finds either of these methods of service inconvenient, {c) 
mailing it to him. When service is made by delivery it shall be ad- 
mitted in writing upon the duplicate and triplicate and the admis- 
sion witnessed by the server, Tf admission be refused, or in case of 
service by either of the other methods, the server shall note the 
method and date of service on the duplicate and triplicate. The 
duplicate shall be retained by the immiffration officer in charge. The 
triplicate shall be delivered to the collector of customs for the dis- 
trict wherein the port of arrival is located, who shall withhold clear- 
ance papers until the deposit is made. 

Sued. 4. Submission of evidence and report. — ^If said deposit be 
made, further proceedings shall be suspended during said period of 
60 days or until earlier submission of evidence to show why said fine 
should not be imposed. Such evidence, if submitted, shall be for- 
warded to the bureau, together with the medical certificate, the dupli- 
cate notice, and the data or evidence on which the notice was based ; 
and the officer in charge shall present at the same time his written 
views as to whether the fine should be imposed. If within 60 days 
no evidence has been submitted, or as soon as it is known that the fine 
will not be contested, the officer in charge shall report the facts to 
the bureau. 

Sued. 5. Remission or mitigation of fine prescribed hy section 35. — 
The fine prescribed by section 35 for bringing to United States ports 
as employees of vessels aliens afflicted with idiocy, imbecility, insan- 
ity, epilepsy, tuberculosis in any form, or a loathsome contagious or 
dangerous contagious disease will be mitigated or remitted by the 
department only upon a clear and convincing showing to the effect 
that the imposition of the full penalty or of any part thereof would 
be unjust or inequitable under the shown circumstances of the partic- 
ular case, including the submission of satisfactory evidence that the 

1 Use Form 677. 



IMMIGRATION RULES. 83 

seamen were subjected to a competent medical examination before 
being signed on as members of the crew. 

SuBD. 6. Action on decision. — ^Upon receipt of departmental deci- 
sion the collector of customs shall be notified of its terms. If the fine 
is imposed, the amount retained as security shall be deposited and 
accounted for by the collector. If the fine is not imposed, he shall 
return such amount. 

Rule 28-A. PROSECUTIONS IN PURSUANCE OF SECTION 10. 

In order that the department may intelligently and fairly exer- 
cise the discretion vested in it by section 10 to determine whether 
proceedings brought thereunder shall be in personam or in rem. 
Commissioners of Immigration or inspectors m charge shall when- 
ever they ascertain or have reason to believe that the provisions of 
said section have been violated by any person or by any owner, 
officer, or agent of a vessel or transportation line, promptly serve 
notice upon such person, owner, officer, or agent that it is his in- 
tention to recommend to the Secretary of Labor that a prosecution 
be brought; and such person, owner, officer, or agent shall be al- 
lowed 60 days within which to submit to the department, through 
the Commissioner of Immigration or inspector m charge and the 
Commissioner General of Immigration, a statement of reasons why 
the proposed proceedings should not be brought or why they should 
be in personam rather than in rem. 

Role 29. REPORTING CONDITION OF VESSELS. 

In pursuance of section 11, immigration officers who board vessels 
arriving at United States ports for the purpose of inspecting passen- 
gers or crew shall observe the conditions prevailing upon the vessel 
with respect to sanitation and the comfort of passengers and crew ; 
and such officers in every instance shall submit a report (in tripli- 
cate) to the immigration official in charge at the port. Two copies 
of such report shall be forwarded to the bureau, in order that such 
further action as may be deemed necessary may be taken. 

Rule 30. ACCOUNTING FOR MONEYS RECEIVED. 

All moneys collected on account of head tax, for rentals of ex- 
clusive privileges at immigration stations, and as fines for violations 
of the immigration laws (whether imposed by the department or 
the courts) sLbII be deposited to the credit of the Treasurer of the 
United States on account of miscellaneous receipts, with an assistant 
treasurer of the United States, or with a national bank designated as 
a depositary, in the same manner as other miscellaneous collections 
are deposited. Separate accounts of the receipts and expenditures 
of money under the act shall be rendered monthly to the Secretary of 
the Treasury through the bureau on the appropriate forms. 

Moneys collected on account of hospital expenses of detained aliens 
shall be deposited to the credit of the appropriation "Expenses of 
regulating immigration " for the fiscal year in which such expenses 
were incurred. 



84 IMMIGBATION BULBS. 

R«le SI. ATTORNEYS AND OTHER REPRESENTATIVES. 

Subdivision 1. Admission to practice. — ^No person who has been 
convicted of the commission of a crime or misdemeanor deemed by 
the bureau to involve moral turpitude, or who is disbarred from prac- 
tice before any court of record in the United States, shall b© permit- 
ted to appear as an attorney on behalf of an alien. Any person 
desiring to appear on behalf of an alien may be required to submit 
proof to show that he is a ^person of good character and reputation. 
Such proof, if and when required, shaU be submitted to the immigra- 
tion official in charge at the port or place where the person intends 
to engage in practice, who will forward it to the bureau for deter- 
mination in the event it fails to satisfy him; or, if the person intends 
to practice before the bureau or the department, to the Commissioner 
General of Immigration. An attorney or representative may also be 
required to display his authority to represent an alien. 

SuBD. 2. Change of representative. — ^In appeal and warrant pro- 
ceedings but one person of record representing the interests of the 
alien will be recognized. Where an alien employs more than one 
attorney or representative, such representations as are offered must 
be submitted through the attorney or representative of record. A 
change of attorney or representative on the part of an alien will be 
recognized only upon the withdrawal of the original representative 
of record and the substitution of his successor by formal appearance 
in writing. 

SuBD. 3. Disbarment of attorneys. — ^Any attorney or person ap- 
pearing on behalf of an alien applying for admission, or on behalf of 
an alien already residing in this country and against whom deporta- 
tion proceedings have been instituted, who shall charge excessive 
fees, or indulge in unconscionable, unseemly, or unprofessional con- 
duct in his relations either with the alien he has been employed to 
represent, or with the officials before whom he may have occasion to 
appear, will do so at the risk of either temporarv or permanent dis- 
barment from practice before the department^ tne Bureau of Immi- 
gration, or any immigration station of the United States. 

Ride 32. POSTING OF IMMIGRATION LAWS. 

Upon application by any transportation company the bureau will 
furnish a summary of the act of February 5, 1917, in English, a post- 
ing of which, in appropriate foreign languages, will be regarded as 
an observance of the spirit of section 8 of the act of March 3, 1893. 
Certificates in relation to posting of the immigration laws and other 
matters, which, under said law, transportation companies must file, 
shall be filed with the bureau on January 1 and July 1 each year. 

Rule SS. SERVICE UNIFORMS. 

Officers and employees of the Immigration Service, whether sta- 
tioned at ports of entry or elsewhere, shall wear, while on duty, the 
uniform prescribed by the bureau, unless otherwise specially directed 
in writing. 



IMMIGEATIOK KULES. 85 

Rnle S4. OFFICIAL CORRESPONDENCE. 

Correspondence and reports shall be sent through officidl chom- 
nets addressed to the Commissioner General of Immigration, Wash- 
ington, D. C. Telegrams shall be addressed "Immigration Bureau, 
Washington, D. C"; and in telegraphing, the code provided by the 
bureau Siall be used to the fullest extent possible. 

Rnle 85. ADMINISTRATIVE DISTRICTS. 

For convenience in enforcing both the immi^ation laws and the 
Chinese-exclusion laws, the territory within which immigration offi- 
cials are located is divided into districts, under the jurisdiction of 
commissioners of immigration or inspectors in charge, numbered, de- 
fined, and with headquarters fixed, as follows: 



86 



IMMIGRATION BULSS. 



Dist. 
No. 



5 
6 
7 

8 
9 



10 

11 

12 
13 

14 



15 
16 



17 
18 

19 
20 

21 

22 
23 



Title olofficer. 



Commiasioiitf of ixn- 

iiii<?ration. 
do 



.do. 



ChineBe inspector in 
charge. 

Commissioner of im- 
migration. 



do 

Inspector in charge . 
do 



Commissioner of im- 
migration. 

Inspector in charge . . 



.do. 

.do. 

.do. 
.do. 

.do. 



do 

Commissioner of im- 
migration. 



Inspector in charge . 
Commissioner of im- 
migration. 
Inspector in charge . 
do 



Commissioner of im- 
migration. 
Inspector in charge.. 
Supervising inspec- 
tor. 



Location of 
headquarters. 



Montreal, Province of 

Quebec. Canada. 
Boston, Mass. 



Ellis Island, New 

York Harbor. 
United States Barge 

Office, Nevr York, 

N.Y. 
Philadelphia Inmii- 

ffation Station, 

Olouce8terCity,N . J. 
Baltimore, Kd 

Norfolk, Va 

Jacksonville, Fla 

New Orleans, La 

Galveston, Tex , 



Cleveland, Ohio. 
Chicago, 111 



Minneapolis, Minn 
St. Louis, Mo 



Denver, Colo. 



Helena, Mont. 
Seattle, Wash. 



Extent of district. 



Portland, Oreg 

San Francisco, Calif 



Pittsburgh, Pa 

Ketchikan, Alaska. . . 



San Juan, P. R. 



Honolulu, Hawaii! .. . 
El Paso, Tex 



Eastern Canadian seaports and Canadian border 
east of the easterly line of Montana. 

New England States, indodiiig port of Boston and 
sabports of Portland, New Bedlbrd, and Provi- 
dence. 

New Yodc and N«w J«s«7; Immigration mattera 
onjy. 

New Yoik and Vmr J«s«7; Cblnese mattars onlf . 



Eastern PeonsytvaniaaDd Delaware; port of Phila- 
delphia* 

Maryland and District of Colombia; port of Balti- 
more and sobport of Washington. 

Virginia and North Carolina; port of Norfolk and 
sabport of Newport News. 

Georgia, Florida, Alabama, and South CarbUna; 
2ort of Jacksonville and subports of Savannah, 
Brunswick, Tamna, Miami, Key West, Penaa- 
cola. Mobile, and Charlerton. 

Louisiana. Mississ^ypi, Arkansas, and Tennessee; 
port of New Orleainsand subports of Qulfport and 
Pascagoula. 

The port of Galveston and sabports of Port Arthur 
ana Corpus Christi, Tex. The territory bounded 
on the north and east by the Louisiana-Texas 
border and the G ulf of Mexico: on the west by the 
westerly boundaries of the following counties in 
Texas: Shelbv, Nacogdoches, Angelina, Polk, 
San Jacinto. Montgcmery, Htfris, Walker, Trin- 
ity. Fort Bend, Wharton, Jackson, Victoria, 
Renigio, San Patricio, and Nueces; and on the 
south by the southerly boundary of Nueces 
County, Tex. 

Ohio and Kentucky; substations at Toledo and 
Cincinnati. 

Illinois, Indiana, soathem Michigan, and Wisooo- 
sin. 

Minnesota; North Dakota, and South Dakota. 

Missouri, Iowa, eastern Nebraska, eastern Kansas, 
and eastern Oklahoma; substations at Kansas 
City and Omaha. 

Colocado, Wyoming, Utah, western Nebraska, 
weston Kansas, and western Oklahoma; sab- 
station at Salt Lake City. 

Southern Montana; subsuktion, Havre. 

States of Washii^ton and Idaho, and Canadian 

- border west of the easterly line of Montana; port 
of Seattle and subports of Vancouver, Victoria, 
Tacoma. Port Townsend. Hoquiam, Everett, 
and BeUingham; substations, Sp<dcane, Walla 




of Astoria, 
port of San Fran- 
cisco; substations, Sacramento and Eureka. 

Western Penns^vania and West Virginia. 

Alaska; port of Ketchikan, and substMlons of Skag- 
way and Nome. 

Porto Rico; port of San Juan and sabports of Ponoe 
and Mayagues. 

Territory oiHawaii, including all ports. 

Texas, except portion comprising district No. 9; 
New Menoo, Arizona, and souihon California, 
indoding seaports and bordw stations. 



Approved. 

W, B, Wilson^ Secretary, 



A. Caminetti, 
Commissioner Omeral. 



APPENDIX. 



LAWS NOT REPEALED OR REENACTED BY THE IMMIGRATION 

ACT OF FEBRUARY 5, 1917. 

ESTABLISHING THE DfMIGRANT FUND. 

[Act of August 3, 1882 (22 Stat. L., 214).] 

Section 1. That there shall be levied, collected, and paid a duty 
of fifty cents for each and every passenger not a citizen of the 
United States who shall come by steam or sail vessel from a foreign 
port to any port within the United States. The said duty shall be 
paid to the collector of customs of the port to which such passenger 
shall come, or if there be no collector at such port, then to the col- 
lector of customs nearest thereto, by the master, owner, agent, or 
consignee of every such vessel, within twenty-four hours after the 
entry thereof into such port. The money thus collected shall be paid 
into the United States Treasury and shall constitute a fund to be 
called the immigrant fund and shall be used, under the direction 
of the Secretary of Labor, to defray the expense of regulating im- 
migration under this act and for the care of immigrants arriving 
in the United States, for the relief of such as are in distress, and 
for the general purposes and expenses of carrying this act into effect. 
The duty imposed by this section shall be a lien upon the vessels 
which shall bring such passengers into the United States, and shall 
be a debt in favor of the United States against the owner or owners 
of such vessels, and the payment of such duty may be enforced by 
any legal or equitable remedy : Provided^ That no greater sum shall 
be expended for the purposes hereinbefore mentioned, at any port, 
than shall have been collected at such port.^ 

PROHIBITING IMPORTATION OF LABORERS UNDER CONTRACT. 

[Act of February 26, 1885 (23 Stat. L., 332).] 



Sec. 2. That all contracts or agreements, express or implied, parol 
or special, which may hereafter be made by and between any person, 
company, partnership, or corporation, and any foreigner or for- 
eigners, alien or aliens, to perform labor or service or having refer- 
ence to the performance of labor or service by any person in the 
United States, its Territories, or the District of Columbia, previous 
to the migration or importation of the pei'son or persons whose labor 

I See sec. 2, act Feb. 5, 1917. 

87 



88 IMMIGBATION LAWS NOT KEPEALED. 

or service is contracted for into the United States, shall be utterly 
void and of no effect.^ 

AUTHORIZING PAYMENT TO INFORMER IN CASES OF VIOLATION OF CONTRACT- 
LABOR LAW. ^ 

[Act of October 19, 1888 (25 Stat. L., 666).] 

Section i. * * * That the act approved February twenty- 
sixth, eighteen hundred and eightv-five^ entitled "An act to prohibit 
the importation and migration or foreigners and aliens under con- 
tract or agreement to perform labor in the United States, its Terri- 
tories, and the District of Columbia," be, and the same is hereby, 
amended so as to aiithorize the Secretary of Labor to pay to an in- 
former who furnishes original informaiion that the law has been 
violated^ such a share of the penalties recovered as he may deem 
reasonable and just, not exceeding fifty per centum, where it appears 
that the recovery was had in consequence of the information thus 
furnished. 

ESTABLISHING THE OFFICE OF SUPERINTENDENT OF IMMIGRATION. 

[Act of March 8, 1891 (26 Stat. L., 1084).] 



Sec 7. That the office of Superintendent of Immigration is hereby 
created and established, and the President, by and with the advice 
and consent of the Senate, is authorized and directed to appoint such 
officer, whose salary shall be four thousand dollars per annum, pay- 
able monthly. The Superintendent of Immigration shall be an officer 
in the Department of Labor, under the control and supervision of 
the Secretary of Labor, to whom he shall make annual reports in 
writing of the transactions of his office, together with such special 
reports, in writing, as the Secretary of Labor shall require. The 
Secretary shall provide the superintendent with a suitably furnished 
office in the city of Washington, and with such books of record and 
facilities for the discharge of the duties of his office as may be neces- 
sary. He shall have a chief clerk at a salary of two thousand dollars 
per annum, and two first-class clerks.* 

AUTHORIZING THE PRESmENT TO SUSPEND IMMIGRATION FROM COUNTRIES IN 
WmCH CHOLERA OR OTHER INFECTIOUS OR CONTAGIOUS DISEASES EXIST. 

[Act of February 15, 1893 (27 Stat. L., 449).] 



Sec 7. That whenever it shall be shown to the satisfaction of the 
President that by reason of the existence of cholera, or other infec- 
tious or contagious diseases, in a foreign country there is serious 
danger of the introduction of the same into the United States, and 
that notwithstanding the quarantine defense this danger is so in- 
creased by the introduction of persons or property from such coun- 
try that a suspension of the right to introduce the same is demanded, 
in the interest of the public health, the President shall have powet to 
prohibit, in whole or in part, the introduction of persons and prop- 

» See sees. 3, 5, 6, and 7, act of Feb. 5, 1917. 

> See sec. 1, act Mar. 2, 1895, and sec. 23, act Feb. 5, 1917. 



♦ IMMIGRATION LAWS NOT REPEALED. 89 

erty from such countries or places as he shall designate and for such 
period of time as he may deem necessary. 

BEQUIRING STEAMSHIP OR TRANSPORTATION COBfPANIES TO POST COPIES OF 

DOnGRATION LAW IN FOREIGN COUNTRIES. 

[Act of March 3, 1893 (27 Stat. L., 569).] 



Sec. 8. That all steamship or transportation companies, and other 
owners of vessels, regularly engaged in tran^orting alien immi- 
grants to the United States, shall twice a year file a certificate with 
the Secretary of Labor that they have furnished to be kept con- 
spicuously exposed to view in the office of each of their agents in 
foreign countries authorized to sell immigrant tickets, a copy of the 
law of March third, eighteen hundred and ninety-one, and of all 
subsequent laws of this country relative to immigration, printed in 
large letters, in the language of the country where the copy of the 
law is to be exposed to view, and that they have instructed their agents 
to call the attention thereto of persons contemplating emigration be- 
fore selling tickets to them ; and in case of the failure for sixty days of 
any such company or any such owners to file such a certificate, or in 
case they file a false certificate, they shall pay a fine of not exceeding 
five hundred dollars, to be recovered in the proper United States 
court, and said fine shall also be a lien upon any vessel of said com- 
pany or owners found within the United States.^ 

AUTHORIZING APPOINTMENT OF COMMISSIONERS OF IMBflGRATION. 

[Act of August 18, 1894 (28 Stat. L., 372).] 

Section 1. The commissioners of immigration at the several ports 
shall be appointed by the President, by and with the advice and con- 
sent of the Senate, to hold their offices for the term of four years, un- 
less sooner removed, and until their successors are appointed; and 
nominations for such offices shall be made to the Senate by the Presi- 
dent as soon as practicable after the passage of this act. 

CHANGING TITLE OF SUPERINTENDENT OF IBOnGRATION TO COMMISSIONER 

GENERAL OF DOnGRATION. 

[Act of March 2, 1895 (28 Stat. L., 764).] 
4t 4t « 9!( « 4i 1^ 

BUREAU OF IMMIGRATION. 

That the Superintendent of Immigration shall hereafter be desig- 
nated as Commissioner General of Immigration, and in addition to 
his other duties shall have charge, under the Secretary of Labor, of 
the administration of the alien contract-labor laws, etc.^ 

1 See Rule 32 for time of filing. 

« See sec. 7, act Mar. 8, 1891, and sec 23, act Feb. 6, 1917. 



90 IMMIGRATION LAWS NOT REPEALED. . 

PLACING THE ADSHNISTRATION OF THE CHINESE-EXCLUSION LAWS IN CHARGE 

OF THE COMMISSIONER GENERAL OF IMMIGRATION. 

[Act of June 6, 1900 (31 Stat. L., 611).] 



And hereafter the Commissioner General of Immigration, in addi- 
tion to his other duties, shall have charge of the administration of 
the Chinese-exclusion law and of the various acts regulating immi- 
gration into the United States, its Territories, and the District of 
Columbia, imder the supervision and direction of the Secretary of 
Labor. 

REGULATING ADMISSION OF CHINESE AND OTHER ALIENS UNDER CONTRACT 
IF ENGAGED IN INSTALLING OR CONDUCTING EXHIBITS, ETC. 

[Act of April 29, 1902 (32 SUt. L., 176).] 



Sec 3. That nothing in the provisions of this act or any other act 
shall be construed to prevent, hinder, or restrict any foreign ex- 
hibitor, representative, or citizen of any foreign nation, or the holder, 
who is a citizen of any foreign nation, of any concession or privilege 
from any fair or exposition authorized by act of Congress from 
bringing into the United States, under contract, such mechanics, 
artisans, agents, or other employees, natives of their respective for- 
eign countries, as they or any of them may deem necessary for the 
purpose of making preparation for installing or conducting their 
exhibits or of preparing for installing or conducting any business au- 
thorized or permitted under or by virtue of or pertaining to any con- 
cession or privilege which may have been or may be granted by any 
said fair or exposition in connection with such exposition, under such 
rules and regulations as the Secretary of Labor may prescribe, both 
as to the admission and return of such person or persons. 

AUTHORIZING REFUND OF HEAD TAX. 

[Act of February 3, 1905 (33 Stat. L., 684).] 

BUREAU OF IMMIGRATION. 



Provided^ That the Commissioner General of Immigration, with 
the approval of the Secretary of Labor, shall have power to refund 
head tax heretofore and hereafter collected under section one of the 
immigration act approved March third, nineteen hundred and three, 
upon presentation of evidence showing conclusively that such collec- 
tion was erroneously made.^ 

^ See Rule 1. In the act of Mar. 4, 1911, making appropriation for the conduct of the 
Immigration Service (36 Stat. L., 1368, 1442) these refunds are authorized to be made only 
" upon presentation of evidence showing conclusively that collection was made through 
error of Oovemment officers." 



IMMIGRATION LAWS NOT REPEALED. 91 

CHARGING THE OFFICERS OF THE GENERAL GOVERNMENT OF THE PHILIPPINE 
ISLANDS WITH THE ADMINISTRATION OF THE DOnGRATION L4WS OF THE 
UNITED STATES THEREIN. 

[Act of February 6, 1905 (33 Stat. L., 689).] 

* « « « ♦ >|t 4t 

Sec. 6. That the immigration laws of the United States in force in 
the Philippine Islands shall be administered by the officers of the gen- 
eral government thereof designated by appropriate legislation of said 
government, and all moneys collected under said laws as duty or head 
tax on alien immigrants coming into said islands shall not be covered 
into the general fund of the Treasury of the United States, but shall 
be paid mto the treasury of said islands to be used and expended 
for the government and benefit of said islands. 

AUTHORIZING PAYMENT IN ADVANCE FOR SUBSCRIPTIONS FOR PUBUCATIONS. 

[Act of March 3, 1905 (33 Stat. L., 1156).] 

•^ ^F ^^ ^F ^F ^F ^F 

Provided^ That the annual subscriptions for publications for use in 
the Immigration Service at large may be paid m advance. 

CONCERNING PASSPORTS, EXPATRIATION. REPATRIATION, AND CITIZENSHIP OF 

BIARRIED WOMEN AND OF CHILDREN.^ 

[Act of March 2, 1907 (34 Stat. L., 1228).] 

Section 1. That the Secretary of State shall be authorized, in his 
discretion, to issue passports to persons not citizens of the United 
States as follows: Where any person has made a declaration of 
intention to become such a citizen as provided by law and has re- 
sided in the United States for three jears a passport may be issued 
to him entitling him to the protection of the Government in any 
foreign country: Provided^ That such passport shall not be valid 
for more than six months and shall not be renewed, and that such 
passport shall not entitle the holder to the protection of this Gov- 
ernment in the country of which he was a citizen prior to making 
such declaration of intention. 

Sec 2. That any American citizen shall be deemed to have ex- 
patriated himself when he has been naturalized in any foreign State 
m conformity with its laws, or when he has taken an oath of alle- 
giance to any foreign State. 

When any naturauzed citizen shall have resided for two years in 
the foreign State from which he came, or for five years in any other 
f orei^ State it shall be presumed that he has ceased to be an Ameri- 
can citizen, and the place of his general abode shall be deemed his 
place of residence during said years : Provided^ Kowever^ That such 
presumption may be overcome on the presentation of satisfactory 
evidence to a diplomatic or consular officer of the United States, 
under such rules and regulations as the Department of State may 
prescribe : And 'provided aho^ That no American citizen shall tJe 
allowed to expatriate himself when this country is at war. 

Sec 3. That anj American woman who marries a foreigner shall 
take the nationality of her husband.^ At the termination of the 

»See act of Oct. 5, 1917, p. 96. 

*Thig provision is constitutional and means exactly what it says (McKenzie v. Hare. 
239 U. S., 299). 



92 IMMIGKATION LAWS NOT BEPEALED. 

marital relation she may resmne her American citizenship, if abroad, 
by registering as an American citizen within one year with a consul 
of the United States, qr by returning to reside in the United States, 
or, if residing in the United States at the termination of the marital 
relation, by continuing to reside therein. 

Sec. 4. That any foreign woman who acquires American citizen- 
ship by marriage to an American shall be assumed to retain the same 
after the termination of the marital relation if she continues to re- 
side in the United States, unless she makes formal renunciation 
thereof before a court having jurisdiction to naturalize aliens, or if 
she resides abroad she may reti^in her citizenship by registering as 
such before a United States consul within one year after the termi- 
nation of such marital relation. 

Sec. 5. That a child born without the United States of alien par- 
ents shall be deemed a citizen of the United States by virtue of the 
naturalization of or resumption of American citizenship by ihe par- 
ent: Provided^ That such naturalization or resumption takes place 
during the minority of such child : And provided further^ That the 
citizenship of such minor child shall begin at the time such minor 
child begins to reside permanently in the United States. 

Sec. 6. That all children bom outside the limits of the United 
States who are citizens thereof in accordance with the provisions of 
section nineteen hundred and ninety-three of the Revised Statutes of 
the United States ^ and who continue to reside outside the United 
States shall, in order to receive the protection of this Government, be 
required upon reaching the age or eighteen years to record at an 
American consulate their intention to become residents and remain 
citizens of the United States and shall be further required to take 
the oath of allegiance to the United States upon attaining their 
majority. 

Sec. 7. That duplicates of any evidence, registration, or other acts 
required by this act shall be filed with the Department of State for 
record. 

REPEALING LAW ESTABLISmNG THE IBOnGRANT FUND. 

[SiXtract from the sundry civil appropriation act approved March 4, 1909 (under caption 

"Public Health Service," 35 Stat. L., 969).] 

* * * 4t * * * 

"In ail, one million two hundred and sixty-six thousand seven 
hundred and fifty dollars, which shall include the amawrU necessary 
for the medical inspection of aliens^ as reqmred hy section seventeen 
of the act of Congress approved February twentieth^ nineteen hun- 
dred and seven^ and the provision of said section of said act requir- 
ing the reimbursement by the im/migration fv/nd for said expenses is 
hereby repecded^^ 

RELATING TO OUTWARD ALIEN MANIFESTS ON VESSELS BOUND TO CANADA 

OR MEXICO. 

[Act approved March 4, 1909 (35 Stat. L., 1060).] 

Section 1. That until the provisions of section twelve of the im- 
migration act of February twentieth, nineteen hundred and seven, 

^ Sec. 1993, R. S., reads as follows : "All children heretofore born or hereafter bom out 
of the limits and jurisdiction of the United States, whose fathers were or may be at the 
time of their birth citizens thereof, are declared to be citizens of the United States ; but 
the rights of citizenship shall not descend to children whose fathers never resided in the 
United States." 



IMMIGRATION LAWS NOT BBPEALED. 93 

relating to outward alien manifests, shall be made applicable to pas- 
sengers going out of the United States to Canada by land carriage, 
said provisions shall not apply to passengers going by vessels em- 
ployed exclusively in the trade between the ports of the United 
States and the Dominion of Canada and the Republic of Mexico. 

THE WHITE-SLAVE TRAFFIC ACT. 

[Act of June 25, 1910 (36 Stat. L., 826).] 

Section 1. That the term " interstate commerce," as used in this 
act, shall include transportation from any State or Territory or the 
District of Columbia to any other State or Territory or the District 
of Columbia, and the term " foreign commerce," as used in this act, 
shall include transportation from any State or Territory or the 
District of Columbia to any foreign country and from any foreign 
country to any State or Territory or the District of Columbia. 

Sec. 2. That any person who shaU knowingly transport or cause 
to be transported, or aid or assist in obtaining transportation for, or 
in transporting, in interstate or foreign commerce, or in any Terri- 
tory or in the District of Columbia, any woman or girl for the 
purpose of prostitution or debauchery, or for^any other immoral 
purpose, or with the intent and purpose to induce, entice, or compel 
such woman or girl to become a prostitute or to give herself up to 
debauchery, or to engage in any other immoral practice; or who 
shall knowingly procure or obtain, or cause to be procured or ob- 
tained, or aid or assist in procuring or obtaining, any ticket or 
tickets, or any form of transportation or evidence or the right 
thereto, to be used by any woman or ^rl in interstate or foreign 
commerce, or in any Territory or the District of Columbia, in going 
to any place for the purpose of prostitution or debauchery, or for 
any other immoral purpose, or with the intent or purpose on the 
part of such person to induce, entice, or compel her to give herself 
up to the practice of prostitution, or to give herself up to debauchery, 
or any other immoral practice, wherrf)y any such woman or girl 
shall be transported in interstate or foreign commerce, or in any 
Territory or the District of Columbia, shall be deemed guilty of a 
felony, and upon conviction thereof shall be punished by a fine not 
exceeding five thousand dollars, or by imprisonment of not more 
than five years, or by both such fine and imprisonment, in the 
discretion of the court. 

Sec. 3. That any person who shall knowingly persuade^ induce, 
entice, or coerce, or cause, to be persuaded^ induced, enticed, or co- 
erced, or aid or assist in persuading, inducing, enticing, or coercing 
any woman or girl to go from one place to another in interstate or 
foreign commerce, or in any Territory or the District of Columbia, 
for the purpose of prostitution or debauchery, or for any other im- 
moral purpose, or with the intent and purpose on the part of such 
person that such woman or girl shall engage in the practice of pros- 
titution or debauchery, or any other immoral practice, whether with 
or without her consent, and who shall thereby knowingly cause or 
aid or assist in causing such woman or girl to go and to be carried or 
transported as a passenger upon the line or route of any common 
carrier or carriers in interstate or foreign commerce, or any Terri- 



94 IMMIGBATION LAWS NOT BEPEALED. 

tory or the District of Columbia, shall be deemed guilty of a felony 
and on conviction thereof shall be punished by a fine of not more 
than five thousand dollars, or by imprisonment for a term not ex- 
ceeding five years, or by both such fine and imprisonm^it, in the 
discretion of the court. 

Sec. 4. That any person who shall knowingly persuade, induce, 
entice, or coerce any woman or girl under the age of eighteen years 
from any State or Territory or the District of Columbia to any other 
State or Territory or the District of Columbia, with the purpose and 
intent to induce or coerce her, or tiiat she shall be induced or coerced 
to engage in prostitution or debauchery, or any other immoral prac- 
tice, and shall in furtherance of such purpose knowingly induce or 
cause her to go and to be carried or transported as a passenger in 
interstate commerce upon the line or route of any common carrier or 
carriers, shall be deemed guilty of a felony, and on conviction there- 
of shall be punished by a fine of not more than ten thousand dollars, 
or by imprisonment for a term not exceeding ten years, or by both 
such fine and imprisonment, in the discretion of the court. 

Sec. 6. That any violation of any of the above sections two, three, 
and four shall be prosecuted in any court having jurisdiction of 
crimes within the d\gtrict in which said violation was committed, or 
from, through, or into which any such woman or girl may have been 
carried or transported as a passenger in interstate or foreign com- 
merce, or in any Territory or the District of Columbia, contrary to 
the provisions of any of said sections. 

Sec. 6, That for the purpose of regulating and preventing the 
transportation in foreign commerce of alien women and girk for 
purposes of prostitution and debauchery, and in pursuance of and 
for the purpose of carrying out the terms of tiie am*eement or project 
of arrangement for the suppression of the white-slave traffic, adopted 
July twenty-fifth, nineteen hundred and two, for submission to their 
respective governments by the delegates of various powers repre- 
sented at the Paris conference and confirmed by a formal agreement 
signed at Paris on May eighteenth, nineteen hundred and tour, and 
adhered to by the United States on June sixth, nineteen hundred and 
eight, as shown by the proclamation of the President of the United 
States, dated June fifteenth, nineteen hundred and eight, the Com- 
missioner General of Immigration is hereby desi^ated as the author- 
ity of the United States to receive and centralize information con- 
cerning the procuration of alien women and girls with a view to their 
debauchery, and to exercise supervision over such alien women and 
girls, receive their declarations, establish their identity, and ascertain 
from them who induced them to leave their native countries, respec- 
tively; and it shall be the duty of said Commissioner General of 
Immigration to receive and keep on file in his office the statements 
and declarations which may be made by such alien women and girls, 
and those which are hereinafter required pertaining to such alien 
women and girls engaged in prostitution or debauchery in this coun- 
try, and to furnish receipts for such statements and declarations 
provided for in this act to the persons, respectively, making and 
filing them. 

Every person who shall keep, maintain, control, support, or harbor 
in any house or place for the purpose of prostitution, or for any other 
immoral purpose, any alien woman or girl within three years after 



IMMIGBATION LAWS NOT BEPEALED. 95 

she shall have entered the United States from any country, party to 
the said arrangement for the suppression of the white-slave traffic, 
shall file with the Commissioner General of Immigration a statement 
in writing setting forth the name of such alien woman or girl, the 
place at which sne is kept, and all facts as to the date of her entry 
into the United States, the port through which she entered, her age, 
nationality, and parentage, and concerning her procuration to come 
to this countiy within the knowledge of such person, and any person 
who shall fail within thirty days after such person shall commence 
to keep, maintain, control, support, or harbor in any house or place 
for the purpose of prostitution, or for any other immoral purpose, 
any alien woman or girl within three years after she shall have en- 
tered the United States from any of the countries, party to the said 
arrangement for the suppression of the white-slave traffic, to file such 
statement concerning such alien woman or girl with the Commis- 
sioner General of Immigration, or who shall knowingly and will- 
fully state falsely or fail to disclose in such statement any fact within 
his knowledge or belief with reference to the age, nationality, or 
parentage of any such alien woman or girl, or concerning her pro- 
curation to come to this country, shall be deemed guilty oi a misde- 
meanor, and on conviction shall be punished by a fine of not more 
than two thousand dollars, or by imprisonment for a term not ex- 
ceeding two years, or by both such fine and imprisonment, in the dis- 
cretion of the court. 

In any prosecution brought under this section, if it appear that any 
such statement required is not on file in the office or the Commis- 
sioner General of Immigration, the person whose duty it shall be to 
file such statement shall be presumed to have failed to file said state- 
ment, as herein required, unless such person or persons shall prove 
otherwise. No person shall be excused from furnishing the state- 
ment, as required by this section, on the ground or for the reason 
that the statement so required by him, or the information therein con- 
tained, might tend to criminate him or subject him to a penalty or 
forfeiture, but no person shall be prosecuted or subjected to any pen- 
alty or forfeiture under any law of the United States for or on ac- 
count of any transaction, matter, or thing, concerning which he may 
truthfully report in such statement, as required by the provisions of 
this section. 

Sec. 7. That the term " Territory," as used in this act, shall include 
the district of Alaska, the insular possessions of the United States, 
and the Canal Zone. The word " person," as used in this act, shall be 
construed to import both the plural and the singular, as the case 
demands, and shall include corporations, companies, societies, and 
associations. When construing and enforcing the provisions of this 
act, the act, omission, or failure of any officer, agent, or other person 
acting for or employed by any other person or by any corporation, 
company, society, or association within the scope of his employment 
or office, shall in every case be also deemed to be the act, omission, or 
failure of such other person, or of such company, corporation, society, 
or association, as well as that of the person himself. 

Sec. 8. That this act shall be known and referred to as the " White- 
slave traffic act." 



96 IMMIGKATION LAWS NOT BEPEALED. 

BEQUIBIN6 REIMBURSEMENT TO THE UNITED STATES OF EXPENDITURES FOR 

MAINTENANCE OF CERTAIN CHINESE PERSONS. 

[Act of August 24, 1912 (37 Stat. L., 476).] 

* * « « « * m 

Provided^ That all charges for maintenance or return of Chinese 
persons applying for admission to the United States shall hereafter 
be paid or reimbursed to the United States by the p,erson, company, 
partnership, or corporation bringing such Cninese to a port of the 
United States as applicants for admission. ' 

CREATING THE DEPARTMENT OF LABOR. < 

[Act of March 4, 1913 (37 Stat. L., 736).] 

Section 1. That there is hereby created an executive depai^tment 
in the Government to be called the Department of Labor,' with a 
Secretary of Labor, who shall be the head thereof, to be apppinted 
Iby the President, by and with the advice and consent of the Senate ; 
and who shall receive a salary of twelve thousand dollars per annum, 
and whose tenure of office shall be like that of the heads of the other 
executive departments; and section one hundred and fifty-eight of 
the Eevised Statutes is hereby amended to include such department, 
and the provisions of title four of the Eevised Statutes, including 
all amendments thereto, are hereby made applicable to said depart- 
ment; and the Department of Commerce and Labor shall hereafter 
be called the Department of Commerce, and the Secretary thereof 
shall be called the Secretary of Commerce, and the act creating the 
said Department of Commerce and Labor is hereby amended accord- 
ingly. The purpose of the Department of Labor shall be to foster, 
promote, and develop the welfare of the wage earners of the United 
States, to improve their working conditions, and to advajace their 
opportunities for profitable employment. The said Secre1;ary shall 
cause a seal of omce to be made for the said department of such 
device as the President shall approve and judicial notice shall be 
taken of the said seal. 

Sec. 2. That there shall be in said department an Assistant Secre- 
tary of Labor, to be appointed by the President, who shall receive a 
salary of five thousand dollars a year. He shall perform such duties 
as shall be prescribed by the Secretary or required by law. There 
shall also be one chief clerk and a disbursing clerk, and such other 
clerical assistants, inspectors, and special agents as may from time 
to time be provided for by Congress. The Auditor for the State and 
Other Departments shall receive and examine all accounts of salaries 
and incidental expenses of the office of the Secretary of Labor and of 
all bureaus and offices under his direction^ and all accounts relating 
to all other business within the jurisdiction of the Department or 
Labor, and certify the balances arising thereon to the division of 
bookkeeping and warrants and send forthwith a copy of each certifi- 
cate to the Secretary of Labor. 

Sec. 3. That the following-named offices, bureaus, divisions, and 
branches of the public service now and heretofore under the jurisdic- 
tion of the Department of Commerce and Labor, and all that pertains 
to the same, known as the Commissioner General of Immigration, the 
commissioners of immigration, the Bureau of Immigration and 



IMMIGEATION LAWS NOT BEPEALED. 97 

Naturalization, the Division of Information, tiie Division of Natu- 
ralization, and the Immigration Service at Large, the Bureau of 
I^abor, the Children's Bureau, and the Commissioner of Labor, be, 
and the same hereby are, transferred from the Department of Com- 
merce and Labor to the Department of Labor, and the same shall 
hereafter remain under the jurisdiction and supervision of the last- 
named department. The Bureau of Immigration and Naturaliza- 
tion is hereby divided into two bureaus to be known hereafter as the 
Bureau of Immigration and the Bureau of Naturalization, and the 
titles Chief Division of Naturalization and Assistant Chief shall be 
Commissioner of Naturalization and Deputy Commissioner of Nat- 
uralization. The Commissioner of Naturalization or, in his absence, 
the Deputy Commissioner of Naturalization, shall be the administra- 
tive officer in charge of the Bureau of Naturalization and of the 
admjiiistration of the naturalization laws under the inmiediate direc- 
tion of the Secretary of Labor, to whom he shall rej>ort directly 
upor all naturalization matters annually and as otherwise required, 
and the appointments of these two officers shall be made in the same 
manner as appointments to competitive classified civil-service posi- 
tions. The Bureau of Labor shall hereafter be known as the Bureau 
of Labor Statistics", and the Commissioner of the Bureau of Labor 
shall hereafter be known as the Commissioner of Labor Statistics ; 
and all the powers and duties heretofore possessed by the Commis- 
sioner of Labor shall be retained and exercised by the Conmiissioner 
of Labor Statistics; and the administration of the act of May 
thirtieth, nineteen hundred and eight, granting to certain employees 
of the United States the right to receive from it compensation for 
injuries sustained in the course of their employment. 

Sec. 4. That the Bureau of Labor Statistics, under the direction of 
the Secretary of Labor, shall collect, collate, and report at least once 
each year, or oftener if necessary, full and complete statistics of the 
conditions of labor and the products and distribution of the products 
of the same, and to this end said Secretary shall have power to em- 
ploy any or either of the bureaus provided for his department and to 
rearrange such statistical work and to distribute or consolidate the 
same as may be deemed desirable in the public interests; and said 
Secretary shall also have authority to call upon other departments of 
the Government for statistical data and results obtained by them; 
and said Secretary of Labor may collate, arrange, and publish such 
statistical information so obtained in such manner as to him may 
seem wise. 

Sec. 5. That the official records and papers now on file in and per- 
taining exclusively to the business of any bureau, office, depart- 
ment, or branch of the public service in this act transferred to the 
Department of Labor, together with the furniture now in use in such 
bureau, office, department, or branch of the public service, shall be, 
and hereby are, transferred to the Department of Labor. 

Sec. 6. That the Secretary of Labor shall have charge in the build- 
ings or premises occupied by or appropriated to the Department of 
Labor, of the library, furniture, fixtures, records, and other property 
pertaining to it or hereafter acquired for use in its business ; he shall 
be allowed to expend for periodicals and the purposes of the library 
and for rental of appropriate quarters for the accommodation of the 

26370°— 21 7 



98 IMMIGBATIOK LAWS NOT BEPEALBD. 

Department of Labor within the District of Columbia, and for all 
other incidental expenses, such sums as Congress may provide from 
time to time: Provided^ however^ That where any office, bureau, or 
branch of the public service transferred to the Department of Labor 
by this act is occupying rented buildings or premises, it may still 
continue to do so until other suitable quarters are provided ror its 
use: And provided fwrther^ That all officers, clerks, and employees 
now employed in any of the bureaus, offices, departments, or branches 
of the public service in this act transferred to the Department of 
Labor are each and all hereby transferred to said department at 
their present grades and salaries, "except where otherwise provided 
in this act: And provided further^ That all laws prescribing the 
work and defining the duties of the several bureaus, offices, depart- 
ments, or branches of the public service by this act transierred to 
and made a part of the Department of Labor shall, so far as the same 
are not in conflict with the provisions of this act, remain in full 
force and effect, to be executed under the direction of the Secretary 
of Labor. 

Sec. 7. That there shall be a solicitor of the Department of Jus- 
tice for the Department of Labor, whose salary shall be five thou- 
sand dollars per annum. 

Sec. 8. That the Secretary of Labor shall have power to act as 
mediator and to appoint commissioners 6f conciliation in labor dis- 
putes whenever in his judgment the interests of industrial peace may 
require it to be done; and all duties performed and all power and 
authority now possessed or exercised oy the head of any executive 
department in and over any bureau, oflftce, officer, board, branch, or 
division of the public service by this act transferred to the Depart- 
ment of Labor, or any business arising therefrom or pertaining 
thereto, or in relation to the duties performed by and authority 
conferred by law upon such bureau, officer, office, board, branch, or 
division of the public service, whether of an appellate or revisory 
character or otherwise, shall hereafter be vested in and exercised by 
the head of the said Department of Labor. 

Sec. 9. That the Secretary of Labor shall annually, at the close of 
each fiscal year, make a report in writing to Congress, giving an 
account of all moneys received and disbursed by him and his depart- 
ment and describing the work done by the department. He shall 
also, from time to time, make such special investigations and reports 
as he may be required to do by the President or by Congress, or 
which he himself may deem necessary. 

Sec. 10. That the Secretary of Labor shall investigate and report 
to Congress a plan of coordination of the activities, duties, and 
powers of the office of the Secretary of Labor with the activities, 
duties, and powers of the present bureaus, commissions, and depart- 
ments, so far as they relate to labor and its conditions, in order to 
harmonize and unify such activities, duties, and powers, with a view 
to further legislation to further define the duties and powers of such 
Department of Labor. 

Sec. 11. That this act shall take effect March fourth, nineteen hun- 
dred and thirteen, and all acts or parts of acts inconsistent with this 
act are hereby repealed. 



IMMIGRATION LAWS NOT REPEALED. 99 

THE SEAMEN'S ACT. 

[Act of March 4, 1915 (38 Stat L., 1164).] 

Section 1. That section forty-five hundred and sixteen of the 
Revised Statutes of the United States be, and is hereby, amended to 
read as follows: 

"Sec. 4516. In case of desertion or casualty resulting in the loss 
of one or more of tiie seamen, the master must ship, if obtainable, a 
number equal to the number of those whose services he has been 
deprived of by desertion or casualty, who must be of the same or 
higher grade or rating with those whose places they fill, and report 
the same to the United States consul at the first i)ort at which he 
shall arrive, without incurring the penalty prescribed by the two 
preceding sections. This section shall not apply to fishing or whal- 
ing vessels or yachts." 

Sec. 3. That section forty-five hundred and twenty-nine of the 
Revised Statutes of the United States be, and is hereby, amended to 
read as follows : 

" Sec. 4529. The master or owner or [of] any vessel making coast- 
ing voyages shall pay to every seaman his wages within two days 
after the termination of the agreement under which he was shipped, 
or at the time such seaman is discharged, whichever first happens; 
and in case of vessels making foreign voyages, or from a port on the 
Atlantic to a port on the Pacific, or vice versa^ within twenty-four 
hours after the cargo has been discharged, or within four days after 
the seaman has been discharged, whichever first happens; and in all 
cases the seaman shall be entitled to be paid at the time of his dis- 
charge on account of wages a sum equal to one-third part of the 
balance due him. Every master or owner who refuses or neglects 
to make payment in the manner hereinbefore mentioned without 
sufficient cause shall pay to the seaman a sum equal to two days' 
pay for each and every day during which payment is delayed 
beyond the respective periods, which sum shall be recoverable as 
wages in any claim made before the court ; but this section shall not 
apply to masters or owners of any vessel the seamen of which are 
entitled to share in the profits of the cruise or voyage." 

Sec. 4. That section forty-five hundred and thirty of the Revised 
Statutes of the United States be, and is hereby, amended to read as 
follows : 

" Sec. 4530. Every seaman on a vessel of the United States shall 
be entitled to receive on demand from the master of the vessel to 
which he belongs one-half part of the wages which he shall have 
then earned at every port where such vessel, after the voyage has 
been commenced, shall load or deliver cargo before the voyage is 
ended, and all stipulations in the contract to the contrary shall be 
void : Provided. Such a demand shall not be made before the expi- 
ration of, nor oitener than once in five days. Any failure on the part 
of the master to comply with this demand shall release the seaman 
from his contract and he shall be entitled to full payment of wages 
earned. And when the voyage is ended every such seaman shall oe 
entitled to the remainder of tne wages which shall then be due him, 
as provided in section forty-five hundred and twenty-nine of the 



100 IMMIGBATION LAWS NOT REPEALED. 

Revised Statutes: Provided fmrther^ That notwithstanding any re- 
lease signed by any seaman under section forty-five hundred and 
fifty-two of the Revised Statutes any court having jurisdiction may 
upon good cause shown set aside such release and take such action 
as justice shall require : And provided further^ That this section shall 
apply to seamen on foreign vessels wnile in harbors of the United 
States, and the courts of the United States shall be open to such 
seamen for its enforcement." 



Sec. 7. That section forty-five hundred and ninety-six of the 
Revised Statutes of the United States be, and is hereby, amended to 
read as follows: 

" Sec. 4596. Whenever any seaman who has been lawfully engaged 
or any apprentice to the sea service commits any of the following- 
offenses, he shall be punished as follows : 

"First. For desertion, by forfeiture of all or any part of the 
clothes or effects he leaves on board and of all or any part of the 
wages or emoluments which he has then earned. 

" Second. For neglecting or refusing without reasonable cause to 
ioin his vessel or to proceed to sea in his vessel or for absence without 
leave at any time within twenty- four hours of the vessel's sailing 
from any port, either at the commencement or during the progress 
of the voyage, or for absence at any time without leave and without 
sufficient reason from his vessel and from his duty, not amounting to 
desertion, by forfeiture from his wages of not more than two days^ 
pay, or sufficient to defray any expenses which shall have been prop- 
erly incurred in hiring a substitute. 

" Third. For quitting the vessel without leave, after her arrival at 
the port of her delivery and before she is placed in security, by 
forfeiture from his wages of not more than one month's pay. 

" Fourth. For willful disobedience to any lawful command at sea^ 
by being, at the option of the master, j)laced in irons until such dis- 
obedience shall cease, and upon arrival in port by forfeiture from his 
wages of not more than four days' pay, or, at the discretion of the 
court, by imprisonment for not more than one month. 

" Fifth. For continued willful disobedience to lawful command or 
continued willful neglect of duty at sea, by being, at the option of the 
master, placed in irons, on bread and water, with full rations every 
fifth day, until such disobedience shall cease, and upon arrival in port 
by forfeiture, for every twenty-four hours' continuance of such dis- 
obedience or neglect, ox a sum of not more than twelve days' pay, or 
by imprisonment for not more than three months, at the discretion of 
the court. 

" Sixth. For assaulting any master or mate, by imprisonment for 
not more than two years. 

" Seventh. For willfully damaging the vessel, or embezzling or 
willfully damaging any of the stores or cargo, by forfeiture out of 
his wages of a sum equal in amount to the loss thereby sustained, and 
also, at the discretion of the court, by imprisonment for not more than 
twelve months. 

" Eighth. For any act of smuggling for which he is convicted and 
wherehjr loss or damage is occasioned to the master or owner, he shall 
be liable to pay such master or owner such a sum as is sufficient to 



IMMIGBAnON LAWS NOT EEPEALED. 101 

i^imburse the master or owner for such loss or damage, and the 

whole or any part of his wages may be retained in satisfaction or on 

account of such liability, and he shall be liable to imprisonment for a 

period of not more than twelve months." 

Hit * * * m * * 

Sec. 11. That section twenty- four of the act entitled "An act to 
amend the laws relating to American seamen, for the protection of 
such seamen, and to promote commerce," approved December twenty- 
first, eighteen hundred and ninety-eight, be, and is hereby, amended 
to read as follows: 

" Sec. 24. That section ten of chapter one hundred and twenty-one 
of the laws of eighteen hundred and eighty-four, as amended by 
section three of chapter four hundred and twenty-one of the laws of 
•eighteen hundred and eighty-six, be, and is hereby, amended to read 
as follows: 

"'Sec. 10 (a). That it shall be, and is hereby, made unlawful in 
any case to pay any seaman wages in advance of the time when he 
has actually earned the same, or to pay such advance wages, or to 
make any order, or note, or other evidence of indebtedness therefor 
to any other person, or to pay any person, for the shipment of seamen 
when payment is deducted or to be deducted from a seaman's wages. 
Any person violating any of the foregoing provisions of this section 
«)hall be deemed guilty of a misdemeanor, and upon conviction shall 
l)e punished by a fine of not less than $25 nor more than $100, and 
may also be imprisoned for a period of not exceeding six months, at 
the discretion of the court. The payment of such advance wages or 
allotment shall in no case except as herein provided absolve the vessel 
or the master or the owner thereof from the full payment of wages 
after the same shall have been actually earned, and shall be no defense 
to a libel suit or action for the recovery of such wages. If any person 
shall demand or receive, either directly or indirectly, from any sea- 
man or other person seeking employment, as seaman, or from any 
person on his behalf, any remuneration whatever for providing him 
with employment, he shall for every such offense be deemed guuty of 
a misdemeanor and shall be imprisoned not more than six months 
or fined not more than $500. 

"'(6) That it shall be lawful for any seaman to stipulate in his 
shipping agreement for an allotment of any portion of the wages he 
may earn to his grandparents, parents, wiie, sister, or children. 

"'(<?) That no allotment shall be valid unless in writing and 
signed by and approved by the shipping commissioner. It shall 
be the duty of the said commissioner to examine such allotments 
and the parties to them and enforce compliance with the law. All 
stipulations for the allotinent of any part of the wages of a seaman 
'during his absence which are made at the commencement of the 
voyage shall be inserted in the agreement and shall state the amounts 
and times of the payments to be made and the persons to whom the 
payments are to be made. 

" ' (d) That no allotment except as provided for in this section shall 
be lawful. Any person who shall falsely claim to be such relation, 
as above described^ of a seaman under this section shall for every 
such offense be punished by a fine not exceeding $500 or imprisonment 
not exceeding six months, at the discretion of the court. 



102 IMMIGRATION ULWS NOT BEPEALED. 



iii 



(e) That this section shall apply as well to forei^ vessels while 
in waters of the United States, as to vessels of the United States, and 
any master, owner, consignee, or aj^nt of any foreign vessels who has 
violated its provisions shall be liable to the same penalty that the 
naaster, owner, or agent of a vessel of the United States would be for 
similar violation. 

"'The master, owner, consignee, or a^nt of any vessel of the 
United States, or of any foreign vessel seeling clearance from a port 
of the United States, shall present his shippmg articles at the office 
of clearance, and no clearance shall be granted any such vessel unless 
the provisions of this section have been complied with. 

" ' (/) That under the direction of the Secretary of Commerce the 
Commissioner of Navigation shall make jregulations to carry out this 
section.' " 

Sec. 12. That no wages due or accruing to any seaman or appren- 
tice shall be subject to attachment or arrestment from any court, and 
every payment of wages to a seaman or apprentice shall be valid in 
law, notwithstanding any previous sale or assignment of wages or of 
any attachment, encumbrance, or arrestment thereon ; and no assign- 
ment or sale of wages or of salvage made prior to the accruing thereof 
shall bind the party making the same, except such allotments as are 
authorized by this title. This section shall apply to fishermen em- 
ployed on fishing vessels as well as to seamen : Provided^ That nothing 
contained in this or any preceding section shall interfere with the 
order by any court regarding the payment by any seaman of any 
part of his wages for the support and maintenance of his wife and 
minor children. Section forty-five hundred and thirty-six of the 
Revised Statutes of the United States is hereby repealed. 

Sec. 13. That no vessel of one hundred tons gross and upward, 
except those navigating rivers exclusively and the smaller inland 
lakes and except as provided in section one of this act, shall be 

Eermitted to depart from any port of the United States unless she 
as on board a crew not less than seventy-five per centum of which, 
in each department thereof, are able to understand any order given 
by the officers of such vessel, nor unless forty per centum in the first 
year, forty-five per centum in the second year, fifty per centum in 
the third year, fifty-five per centum in the fourth year after the 
passage of this act, and thereafter sixty-five per centum of her deck 
crew, exclusive of licensed officers and apprentices, are of a rating 
not less than able seaman. Every person shall be rated an able sea- 
man, and qualified for service as such on the seas, who is nineteen 
years of age or upward, and has had at least three years' service on 
deck at sea or on the Great Lakes, on a vessel or vessels to which this 
section applies, including decked fishing vessels, naval vessels or coast 
guard vessels; and every person shall be rated an able seaman, and 
qualified to serve as such on the Great Lakes and on the smaller lakes, 
bays, or sounds, who is nineteen years of age or upward and has had 
at least eighteen months' service on deck at sea or on the Great Lakes 
or on the smaller lakes, bays, or sounds, on a vessel or vessels to 
which this section applies, including decked fishing vessels, naval 
vessels, or coast guard vessels ; and graduates of school ships approved 
by and conducted under rules prescribed by the Secretary of Com- 
merce may be rated able seamen after twelve months' service at sea : 
Provided^ That upon examination, under rules prescribed by the De- 



IMMIGBATION LAWS I^OT B£?^L^; 1X)% 

partment of Commerce as to eyesight, hearing, a?!^ physi^l . condiri 
tion, such persons or graduates are found to be competent : Provided 
further, That upon examination, under rules prescribed by the De- 
partment of Commerce as to eyesight, hearing, physical condition, 
and knowledge of the duties of seamanship a person found competent 
may be rated as able seaman after havmg served on deck twelve 
months at sea, or on the Great Lakes; but seamen examined and rated 
able seamen under this proviso shall not in any case compose more 
than one-fourth of the number of able seamen required by this sec- 
tion to be shipped or employed upon any vessel. 

Any person may make application to any board of local inspectors 
for a certificate of service as able seaman, and upon proof being 
made to said board by affidavit and examination, under rules ap- 
proved by the Secretary of Commerce, showing the nationality and 
age of the applicant and the vessel or vessels on which he has had 
service and that he is entitled to such certificate under the provisions 
of this section, the board of local inspectors shall issue to said ap- 
plicant a certificate of service, which shall be retained by him and be 
accepted as prima facie evidence of his rating as an able seaman. 

Each board of local inspectors shall keep a complete record of all 
certificates of service issued by them and to whom issued and shall 
keep on file the affidavits upon which said certificates are issued. 

The collector of customs may, upon his own motion, and shall, 
upon the sworn information of any reputable citizen of the United 
States setting forth that this section is not being complied with, cause 
a muster of the crew of any vessel to be made to determine the fact ; 
and no clearance shall be given to any vessel failing to comply with 
the provisions of this section : Provided, That the collector oi customs 
shall not be required to cause such muster of the crew to be made 
unless said sworn information has been filed with him for at least six 
hours before the vessel departs, or is scheduled to depart : Provided 
further. That any person that shall knowingly make a false affidavit 
for such purpose shall be deemed guilty of perjury and upon con- 
viction thereof shall be punished by a fine not exceeding $500 or by 
imprisonment not exceeding one year, or by both such fine and im- 
prisonment, within the discretion of the court. Any violation of any 
provision of this section by the owner, master, or officer in charge of 
the vessel shall subject the owner of such vessel to a penalty of not 
less than $100 and not more than $500 : And provided further, That 
the Secretary of Commerce shall make such rules and regulations as 
may be necessary to carry out the provisions of this section, and 
nothing herein shall be held or construed to prevent the board of 
supervising inspectors, with the approval of the Secretary of Com- 
merce, from making rules and regulations authorized by law as to 
vessels excluded from the operation of this section. 

4t « 4t « « * ♦ 

Sec. 16. That in the judgment of Congress articles in treaties and 
conventions of the United States, in so far as they provide for the 
arrest and imprisonment of officers and seamen deserting or charged 
with desertion from merchant vessels of the United States in foreign 
countries, and for the arrest and imprisonment of officers and seamen 
deserting or charged with desertion from merchant vessels of for- 
eign nations in the United Statos and the Territories and possessions 



104 IMMIGRATION LAWS NOT BEFEALBD. 

thereof, and for the cooperation, aid, and protection of competent 
legal authorities in effecting such arrest or imprisonment and any 
other treaty provision in conflict with the provisions of this act, 
ought to be terminated, and to this end the !r resident be, and he is 
herebjr, requested and directed, within ninety days after the passage 
of this act, to give notice to the several Governments, respectively, 
that so much as hereinbefore described of all such treaties and con- 
ventions between the United States and foreign Governments will 
terminate on the expiration of such periods aSer notices have been 
given as may be required in such treaties and conventions. 

Sec. 17. That upon the expiration after notice of the periods re- 
(juired, respectively, by said treaties and conventions and of one year 
in the case of the mdependent State of the Kongo, so much as here- 
inbefore described in each and every one of said articles shall be 
deemed and held to have expired and to be of no force and effect, 
and thereupon section fifty-two hundred and eighty and so much of 
section four thousand and eighty-one of the Revised Statutes as re- 
lates to the arrest or imprisonment of officers and seamen deserting 
or charged with desertion from merchant vessels of foreign nations 
in the United States and Territories and possessions thereof, and for 
the cooperation, aid, and protection of competent legal authorities in 
effecting such arrest or imprisonment, shall be, and is hereby, 
repealed. 

Sec. 18. That this act shall take effect, as to all vessels of the 
United States, eight months after its passage, and as to foreign ves- 
sels twelve months after its passage, except that such parts hereof as 
are in conflict with articles of any treaty or convention with any 
foreign nation shall take effect as regards the vessels of suck foreign 
nation on the expiration of the period fixed in the notice of abroga- 
tion of the said articles as provided in section sixteen of this act. 
nf ***** * 

Sec. 20. That in any suit to recover damages for any injury sus- 
tained on board vessel or in its service seamen having command shall 
not be held to be fellow servants with those under their authority. 

DEFINING THE3 STATUS OF CITIZBNS OF THB UNITBD STATBS TVHO HAVE 
ESNTERBD THE M ILITARY OR NAVAJL SERVICES OF CERTAIN COUNTRIES 
DURING THE EXISTING WAR IN EUROPE. 

[Act of October 5, 1917.] 

That any person formerly an American citizen^ who may be 
deemed to have expatriated himself under the provisions of the" first 
paragraph of section two of the act approved March second, nine- 
teen hundred and seven, entitled "An act in reference to the expa- 
triation of citizens and their protection abroad," by taking, since 
August first, nineteen hundred and fourteen, an oath of allegiance to 
any foreign State engaged in war with a country with which the 
United States is at war, and who took such oath in order to be enabled 
to enlist in the armed forces of such foreign State, and who actually 
enlisted in such armed forces, and who has been or may be duly and 
honorably discharged from such armed forces, may, upon complying 
with the provisions of this act, reassume and acquire the character 
and privileges of a citizen of the United States : Provided^ however^ 
That no obligation in the way of pensions or other grants because of 
service in the army or navy of any other country, or disabilities 
incident thereto, shall accrue to the United States. 



IMMIGBATION LAWS NOT EEPEALED. 105 

Any such person who desires so to reacquire and reassume the 
character and privileges of a citizen of the United States, shall, if 
abroad, present himself before a consular officer of the United States, 
or, if in the United States, before any court authorized by law to 
confer American citizenship upon aliens, shall offer satisfactory evi- 
dence that he comes within the terms or this act, and shall take an 
oath declaring his allegiance to the United States and agreeing to 
support the (Constitution thereof and abjuring and disclaiming alle- 

f lance to such foreign State and to every foreign prince, potentate, 
tate, or sovereignty. The consular officer or court officer having 
jurisdiction shall thereupon issue in triplicate a certificate of Ameri- 
can citizenship, giving one copy to the applicant, retaining one copy 
for his files, and forwarding one copy to the Secretary of Labor. 
Thereafter such person shall in all respects be deemed to have ac- 
quired the character and privileges of a citizen of the United States. 
The Secretary of State and the Secretary of Labor shall jointly 
issue regulations for the proper administration of this act. 



INDEX. 



[S— section; R— rule.] 



Subject. 



See 



A. 

Acoompcuiying aliens 

Actors , not excluded 

Accounting for head tax and 

other receipts 

Admission: 

Aliens in transit 

Canadian ports, from. 

Canada. 
CanalZone. SeeCanalZone. 
Cuba. See Cuba. 
Diseased wife or minor chil- 
dren of domicUed aliens ... 
Guam. See Guam. 
Peace officers of States and 
Territories to immigrant 

stations 

Philippines. See Philip- 
pines. 
Porto Rico. fir«e Porto Rico. 

Temi>orary admission 

Of temporarily absent per- 
manently domiciled aliens . 

Administration of oatiis 

Advance payment for publica- 
tions 

Advertising: 

Encouraging immigration 

by, unlawful 

Penalties for encouraging 

immigration by 

Alcoholism , 

Alien , definition of 

unlawfullanding 

Money , amount 

Accompanying alien 

Diseased or insane 

Examination of 

Physical and mental exam- 
ination of 

Relection by board of spe- 

cdalinquiiy 

Status after deportation of 

accompanying alien 

Ambassadors. See Officials, 

foreim. 
Amendments: 

Chinese-exclusion law not 

amended , 

Passenger act, not amended 
Section 34 of act of Feb. 20, 

1907, not amended 

Anarchist, exclusion of 

Act of Oct. 16, 1918 

Appeals: 

Board of special inquiry, 
from decision of, to secre- 
tary of Labor 

Dangerous contagious dis- 
ease, alien afflicted with, 

not allowed 

Decision of board of special 

inquiry, whenfinal 

Dissenting member of board 

of specialinquiry , by 

Laborers with passport 

Manner of taking 

Of aliens afflicted with in- 
sanity 

AppUoation for readmission 



Section 
or rule. 



S18,R5 
S3 

ItSO 

S2,R9 



S22, R19 



S27 



R16 

R16 
S16 



S6 

S5 

S3,9;R28 

SI 

S8 

R3 

S18,R5 

S9,R28 

S15, 16 

816 

S16 

S3,18;R5 



S38 
S38 

S38 
S3, 28 



S17, R17 

S17, R17 

S17, R17 

S17, R17 
Rll 
R17 

S16 
R16 



Page. 



18,44 
4 

83 

3,46 



23,67 



26 



61 

61 
16 

91 



9 

8 

4,10,81 
3 
10 
41 
18,44 
10,81 
16,16 

16 

16 

4,18,44 



30 
30 

30 

4,26 

31 



18,62 

18,62 

18,62 

18,62 
54 
62 

16 
61 



Subject. 



Appointments: 

Board of special inquiry.... 

Commissioners of immigra- 
tion 

Special commissioners 

Employees 

Staie agents at ports for dis- 
tribution of information . 
Arrests: 

Aliens unlawfully in country 

Bonds 

Cost of maintenance 

Women and girls 

Artists, not excluded 

Assistance to admitted aliens. . . 
Assisted aliens: 

Exclusion of 

In transit not excluded 

Penalty for assisting con- 

tractlaborers 

Asiatics: 

Restricted area 

Exceptions 

Map of restricted area 

Attendants: 

Deported helplessaliens, for 

Expenses of 

Attorneys: 

Admission to practice 

Fees 

Change of 

Disbarment of ^. 



Beggars, exclusion of. 

Boards of specialinquiry: 

Appointment of, by com- 
missioner 

Authority of 

Alien may have one relative 
or friend present at hear- 
ing 

Appeal from, by dissenting 
member to Secretary of 
Labor 

Decision final, certain cases. 

Detaining aliens for 

Duties, general 

Examination by 

How appointed 

Appeals from decision of. . . 

Where no appeal lies 

Bonds: 

For diseased or physically 
defective alien 

Bringing suits upon 

Commissioner for Canada. . 

For arrest cases 

In what cases permissible. . 

Landing under bond 

Public charges, persons like- 
ly to become 

Bureau of information 



C. 

Canada: 

Admission and exclusion at 
Canadian ports 



Section 
or rule. 



S17 

S24,R35 

S29 
S24 

S30 

S19, R22 
R22 
R22 
R22 
S3 
R20 

S3 
S3 

S5 

S3,R8 
S3,R8 



S20,R23 
S20 

R31 
R31 
R31 
R31 



S3 



S17 
S17 



S17 



S17 
S17, R15 
S16 
S17 
S16 
S17 
R17 
R17 



S21 

S21 

R12 

R22 

S21 

R17 

S21, R17 
S30 



Page. 



18 

25,85 
26 
25 

27 

20,60 
60 
60 
09 

4 



4 

4 

8 

4,45 

4,45 

35 

21,75 
21 

84 
84 
84 
84 



18 

18 



18 



18 
18,61 
16 
18 
16 
18 
62 
62 



22 
22 
55 
69 
22 
62 

22,62 
27 



S19,23; 
R12 

107 



^'1 



108 



INDEX. 



[S— section; R— rule.] 



Subject. 



of 



Canada— Continued. 

Entry and inspection 

aliens 

Exemptions from head tax. . 

Head tax on aliens 

Manifests, outgoing passen- 
gers 

Canal Zone: 

Inspection of aliens ftom 

Passports from,not honored, 

when 

Certificate covering medical ex- 
amination . See Medical exam- 
ination. 
Charges for care and mainte- 
nance. See Cost of detention. 
Chinese: 

Law not amended 

Exceptions in favor of for- 
eign exhibitors 

Citizens, aliens declaring inten- 
tion to become, admission of 

diseased wife or children 

Citizenship {see Expatriation).. . 

Children, under 16 

Special method of handling. 
Of domiciled aliens, admis- 
sion for hospital treat- 
ment 

Classes excluded from entry: 

Anarchists 

Assisted aliens 

Befgars, pntfessional 

Children unaccompanied 
by one or both of their 

parents 

Contract lab<H:ers at thne of 

fflitry 

Criminals 

Defective persons (ment^y 

or physically) 

Diseased p^'sons 

Epileptics 

Feel^minded persons 

Idiots 

Illiterates 

Imbeciles 

Inferiority, constitutional 

psychopathic 

Insane persons— 

At time of entry 

Two or more attacks 

previous to entry 

Paupers 

Previously deported within 
one year of application for 

entry 

Polygamists 

Prostitutes 

Procurers of prostitutes 

Public charges, likely to be.. 

Restricted area 

Classes not excluded: 

Actors 

Artists 

Assisted aliens in transit 

Lecturers 

Minist^s of the Qospel 

Nurses 

Professors of cc^eges 

Professional persons 

Persons convicted of politi- 
cal offenses 

Officials of foreign govern- 
ments 

Seamen 

Servants, personal, domestic 

Singers 

Skilled laborers, when 

ReUgious faith, persons per- 
secuted for 



Section 
or rule. 



R12 

Rl 

Rl,12 

S12 

S1,R11 

S3, Rll 



S38 
S3 

S22,R19 



S3,R1,6 
^6 



S22, R19 

S3, 28 
S3 
S3 



S3 

S3 
S3 

S3 
S3 
S3 
S3 
S3 
S3,R4 
S3 

S3 

S3 

S3 
S3 



S3 
S3 
S3 
S3 
S3 
S3 

S3 
S3 
S3 
S3 
S3 
S3 
S3 
S3 

S3 

S3 
RIO 
S3 
S3 
S3 

S3 



Page. 



65 

37 

37,65 

12 

3,54 

4,54 



30 
4 



23,67 
91 
4,37,44 
44 



23,67 

4,26,31 
4 
4 



4 
4 

4 
4 
4 
4 
4 
4,42 
4 

4 

4 

4 

4 



4 
4 
4 
4 
4 
4 

4 
4 
4 
4 
4 
4 
4 
4 



4 
47 
4 
4 
4 



Subject. 



Classes exempted from payment 
of head tax: 

Admissible residents of an v 
possession of the United 
States 

Aliens en tain g for tempo- 
rary stay after one year's 
residence in Canada or 
Mexico 

Aliens in transit through the 
United States 

Aliens admitted to the 
United States who later 
go in transit from one 
part of the United States 
to another through for- 
eign contiguous territory.. 

Chitdren under 16, accom- 
panied by one or both of 
their parents 

Citizens of the Philippines 
or the Virgin Islands 

Excluded aliens 

Officials of foreign govern- 
ments, suites, families, 

and guests 

Clearance: 

Not to be granted to vessels, 
when 

When it may be granted. .. 

Clorks, appointment of 

Clergymen, not excluded 

Collection of head tax 

Collection of penalties 

Collector of customs: 

Fines under sees. 7, 9, 14, 
16, 18, 20, 25, and 36 paid to 

Head tax paid to 

lists of outgoingpassengers 

to be deposited with 

Commissioner General: 

Creation of office (acts Mar. 
3, 1891, and Mar. 2, 1895). . 

To detail officers abroad 

To detail officers to investi- 
gate public charges 

To make contracts for relief 
of aliens 

To make rules and contracts 
for insi)ection on land 

boundaries 

Commissioners of immigration: 

Appdntment of (act of Aug. 

lo, lov4). ................. 

Appointment not altered. . . 

Bond for Canada 

Duties of. 

Toappohit boards of special 

inquiry 

Compensation, officers, employ- 

Compromising suits 

Contract laborers 

Contagious diseases 

Decision of board of spedal 

inquiry, when final.'. 

Detailing surgeons to for- 

eien countries 

Exclusion of persons af- 
flicted with 

Hospital treatment, admis- 
sion f(^ 



Penalty for bringing to the 

United States 

Continguous territwy : 

Deportation to, when 

Payment of head tax on 
aliens from. See Head 
tax. 

Ports of entry fr<Hn 



Section 
or rule. 



Rl 

Rl 
Rl,9 



Rl 



Rl 

Rl 
Rl 



Rl 



S12 
S14 
824 
S3 
Rl 
R28 



R28 
S1,R1 

S12 



S23 
S23 
S23 

S23 



Page. 



S24 

R12 

S17 

S17 

S24 

S25 

S3,R27 

S3 

S17,R15 

823 

S3 

818,22; 
R19 

89 

820 



R13,13 



37 

37 
37,46 



37 



37 

37 
37 



37 



12 
15 
25 

4 
37 
81 



81 
3,37 

12 



88,89 
23 

23 

23 

23 

89 
25 
55 

18 

18 

25 

25 

4,79 

4 

18,61 

23 

4 

10 
21 



55,» 



TSTDEX. 



109 



[Sx-section; B»rul6.] 



Subject. 



Contract-labor laws 

Acts, Feb. 26, 1886; Oct. 19, 
1888; Mar. 3, 1893; Apr. 29, 
1902 



Employment of special per- 
sons to enforce 

Enforcement of, how 

Ck^ntracts for relief of aliens 

For inspection on laud 

boundaries 

Convicts (criminals) 

Cost of deportation, detention, 

and treatment of aliens 

Actof Aug.24 1912 

When borne by steamship 

company 

When half paid by other 

ipersons 

Wnen paid from immigrant 

fund 

Courts, district, juiisdiction of. . . 

Crimes 

Criminals, exclusion of 

Crew lists, master must furnish. . 
Cuba 



D. 

Defectives, mentally, physically, 
I>ep(H*tations: 

By consent 

Attendants for 

General 



Cost of transportation and 

maintenance 

Limitation of deportation . . . 

Penalty for refusing to 

deport 

Of diseased and insane i^iens. 

Prostitutes, general 

Stay of alien detained as 

\ntness 

Stay of deportation by med- 
ical certificate 

Whereto 

When cause existed prior to 

or subsequent to entry 

Deposits, cash 

Deserting seamen, penalty for 

failure of master to repon 

DetaU: 

Officers to investigate pub- 

Uc charges 

Officers to go abroad 

Detention expenses 



Section 
or rule. 



B27 



S24 

S24,25 

S23 

S23 
S3 

R26 



Accompanying alien 

Securing payment 

When borne by Govern- 
ment 

When borne by transporta- 
tion company 



Witnesses 

Diplomatic officers 

Districts 

Diseased aliens. See Contagious 

diseases. 
Domestic servants, admission of. 

Domiciled alien 

Duties: 

Of Conmiissioner General . . . 

Of commissioners of immi- 
gration 

Of Immigration Conm[iission. 

Of Division of Information. . 

E. 

Employees: 

Clerks, inspectors, etc 

Appointing and promoting.. 



S18 

S20 

S20,R26 

S24 

S3 

S3 

S36 

S2,R1 

S3 

R22 
It 23 
S18,19,20; 
R21,22 

S18 

S19,20; 

R22 

S18 
R23 
R22 

S18 

S18 
S20 

R26' 
R17 

S36 



S23 

S23 

S18,22,26; 

R3,26 

R26 
R26 

R26 

S18,22,26; 

R26 

.R25 

Rl 

R35 



S3,R27 
822, R19 

S23 

817 
S29 
830 



824 
824 



Page. 



79 



87,88, 
89,90 

25 
25 
23 

23 
4 

78 
96 

18 

21 

21,78 

25 

4 

4 

29 
3,37 



69,75 

75 

18,20, 

21,69 

18 

20, 

21,69 

18 
75 
69 

18 

18 
21 

77 
62 

29 



23 

23 

18,23, 

26,41^ 

78 
78 

78 

18.23, 

a, 78 

77 

37 

85 



4,79 
23,67 

23 

18 
26 
27< 



25 
25 



Sul^ect. 



Employees— Continued. 

CompeoDLsation, how fixed.. 

Exceptions 

Encoura^g immigration 

Entry. See Admission. 

Epileptics, excluded 

Excluded classes. See Classes 

excluded. 
Exclusion. See Admission, De- 
portation, Transit. 
Exclusive privileges: 

Disposition of proceeds of. . 

Exchanging money 

Ke^Hng eating houses 

Transporting baggage , 

Examination of aliens for entry: 

Mental and ph3rsical 

For Canada and Mexico 

Executive order relative to la- 
borers with limited passports. 

Exemptions from head tax 

Exhibitors 

Expatriation 

Expenses: 

Of assisting admittedaliens . 

Of attendant 

Of detention. See Depu- 
tation. 

Of hospital treatment. See 
Hospital treatment. 
Expositions 



Section 
or rule. 



824 

S24 

86 

S3 



Page. 



826 
S26 
826 
826 

816 
R12, 13 

Rll 

Rl 

83,R27 



F. 

Fairs and expositions 

False swearing 

Families, grouping of manifest. 

Feeble-minded persons 

Felony 

Fines. See Penalties. 
F(Heign countries, detail of offi- 
cers for duty in 

Foreign exhibitors , 

Foreign officials 

Forms, bonds, reports, etc , 



G. 

Geographically excluded aliens. 

Map of area 

Who are excluded 

Exemption s , 

Guam, head tax 

Guardian on voyage: 

Expenses borne by trans- 
poTtation companies 

Forinsane personsdepcvted. 

H. 



Harboring prostitutes 

Hawaii: 

Head tax 

Certificates ofalienresidents. 

Citizens 

Inspection of aliens 

Head tax: 

Amount of 

By whom paid 

Canada, aliens from 

Classes exempted from 

Exemptions 

How payment enforced 

Seamen) to pay, when 

Special deposiis, refunds. . . 

To be lien on vessel 

To whom paid 

Health of passengers, report of.. 
Hearings: 

Before boards of special in- 
quiry 

Ahen may have witness 

present 

Holding aliens as witnesses 



R20 
820 



S3 



83 

816 

813, R2 

63 

83 



823 

S3,R27 

83, Rl 

823 



83, R8 



83, R8 
R8 
Rl 



818 
818 



86 



25 

25 

9 



26 
26 
26 
26 

16 
55,59 

54 

37 

4,79 

91 

69 
21 



4,90 

16 

14,40 

4 

4 



23 
4,79 
4,37 

23 



4,45 
35 

4,45 
45 
37 



18 
18 



9 



Rl 


37 


R14 


60 


R14 


60 


R14 


60 


81 


3 


81 


3 


R12 


55 


Rl 


37 


82, Rl 


3,37 


S2 


3 


RIO 


47 


Rl 


37 


82 


3 


82 


3 


R2 


40 


S17 


18 


817 


18 


R25 


77 



110 



INDEX. 



[S-MctUm; R-nile.] 



Subject. 



Hospital treatment: 

By whom paid 

Deposits iot, or bond 

Diseased aliens 

Proof of naturalization for. . 
Requirements to be met. . . 
Wives and children of domi- 
ciled aliens 



I. 



Idiots, excluded 

Illiterates: 

In general , 

Transits to be accompanied, 

Exempticms , 

Imbeciles, excluded , 

Immigration commissioners: 

Authority of , 

Expenses of , 

How appointed 

Immigration stations, peace 

officers admitted to , 

Immigration officers: 

Appointed, how , 

Duties 

Immigrant fund , 

Inspectors. See Employees. 
Immigration law, x)08t copies of. . 
Incoming passengers. See Man- 
ifest. 
Infants. i9e0 Children. 

Inferiorltv, psychopathic 

Infbrmatfon division 

Inspection: 

Canada 

Mexico 

On board vessels 

Primary inspection 

Postponement of 

Insular possessions. See PhiHp- 
^es, Guam, Hawaii, Porto 
Bico, Virgin islands. 
Insane persons, exclusion of 

Ap^al to board of medical 
omcers 

Attendants for, when de- 
ported 

Holding for medical treat- 
ment 

May have one expert medi- 
cal witness at own ex- 



Section 
or rule. 



R19 
R19 
818, R19 
R19 
R19 

S22, R19 



S3 

R9 
R9 
S3 
S3 

S29 
S29 
S29 

S27 

824 
816,17 



pense , 

International conference, pur- 
pose of , 

Intoxicating liquor, sale pro- 
hibited at inmiigration sta- 
tions 

Inquiry, boards of special. See 
Boards of si>ecial inquiry. 

J. 

Jurisdiction: 

District courts 

Of peace officers of States, 
etc., and local courts shall 
extend to crimes com- 
mitted in inmiigrant sta- 
tions 



Laborers, contract: 

Application for importing 
skilled laborers 

Exemptions 

Imi>ortation of, a misde- 
meanor 

Penalties for importing 



R32 



S3 
830 

R12 

R13 

S15 

R3 

R3 



S3 

816 

S20,R23 

818 

816 
829 

826 



S4, 16; R24 



S27 



R27 
83,R27 



Page. 



67 
67 
18,67 
67 
67 

23,67 



46 

46 

4 

4 

26 
26 
26 

26 

25 
16,18 
87,92 

84 



4 
27 

A5 
69 
16 
41 
41 



4 

16 

21,75 

18 

16 
26 

26 



8,16,76 



26 



79 
4^79 



Subject. 



Laborers, contract— Contd. 

President's proclamation. . . 

Student labwers 

Rewards for information. . . 

With limited passports 

When admitted 

Laborer, definition of 

Labor disputes. Secretary of 

Labor has power to act 

Land boundaries, ports of entry. 

Landing for inspection not 
actual landing 

Landing under bond. See Bond. 

Laws not repealed by act of 
Feb. 6, 1917 



Autnorizing payment to in- 
former in cases of viola- 
tion of the contract labor 
law 

Authorizing the President 
to suspend immigration. , 

Authorizing appointment of 
commissioners of immi- 
gration 

Authorizing refund of head 
tax 

EstabUshing the immi- 
grant fund 

Establishing Superintend- 
ent of Immigration 

Changing title of Superin- 
tendent of Immiffration 
to Commissioner General 
of Immina tion 

Charflftng the officers of the 
Pl^pnine government 
with the administration 
of the immigration laws. . 

Concerning passports, ex- 
patriation, repatriation, 
and dtizcoiship of mar- 
ried women and minor 
cUldren 

Creating Department of 
Labor 

Law repealing act establish- 
ing the immigrant ftand . . 

Prohibiting labcH-ers under 
contract 



Placing administration of 
Chinese - exclusion laws 
under Commissioner Gen- 
eral of Immigration 

Requiring steamship com- 
panies to post copies of 

immigration laws 

Regulating the admission of 
Qiinese or other aliens 
under contract if engaged 

in installing exhibits 

Relating to outward alien 
manifests to Canada or 

Mexico 

Seamen's act 

Quarantine of contagious 

diseases 

White slave traffic act 

Learned professions, admission 

of persons belonging to 

Lecturers, admission of. 

lien upon vessel, head tax to 

be 

Loathsome diseases. See Con- 
tagious diseases. 
Locality, grouping by. See 

Manifests. 
Lunatics. See Idiots, Insane 
persons. 



Section 
or rule. 



RU 
R27 
85 
RU 
, S3 
RU 



819, R12 
13 

815 



85 
S3,R11 



81 



83,4,5, 
6,7;RM 



818, R19 



S3,R27 
83,R27 

82 



Page. 



M 
79 

8 
54 

4 
54 

96^96 

20,55. 

50 

15 



87-106 

8 
4,54,88 

89 
90 
87 
88 

89 

3,91 

91 
96 
92 

90 
89 

90 



92 
99 

18>67 
93 

4,79 
4,79 

8 



IKDBX. 



Ill 



[S*-section; R^rule.] 



Subject. 



Manifests: 

Deliveiy of, to immigration 

officers 

Diplomatic officers 

Data concerning cost of 
transportation of aliens — 

Aliens and citizens leaving 
by way of Canada or 
Mexico 

Aliens from Quam. Porto 
Rico, the Philippines, 
and Hawaii 

Incoming 

Outgoing 

Penalty for failure to mani- 
fest 

Stowaways, to be mani- 
fested 

To be sworn to by master . . . 

To be sworn to by surgeon . . 

To have families or persons 
from same locality listed 
together 

What to contain 

When no surgeon is on 

board 

Maintenance of excluded aliens. 
See Cost of deportation and 
detention. 
Meaning of term ''United 

States" 

Medical officers, examination of 

aliens 

Detail of surgeons abroad — 
Treatment of aliens. See 
Hospital treatment. 
Mentally defective. See Insane. 
Mexico: 

Collection of head tax 

Inspection of aliens 

Ports of entry 

Ministers of the Gospel, admis- 
sion of 

Minor children 

Money, aliens' 

Exchanging, privilege of 

Accountmg for money re- 
ceived 

Moral turpitude, crimes involv- 
ing 

N. 

Naturalization 

Notice of appeal, ffiing by alien. . 

Notice of sailings, master of 

vessel to give 

O. 

Oaths: 

Administered by inunigra- 
tion officers 

Boards of spedal inquiry, of. 

Manifests to be sworn to 

Offenses, political 

Official communications 

Officials, foreign: 

Families, suites, guests, etc.. 

Manifestmg 

Outgoing manifests 

P. 

Panama. See Canal Zone. 
Passage of aliens. See Assisted 

persons. 
Payment of head tax. SeelLeed 

tax. 



Section 
or rule. 


Page. 


814, R2 
R2 


15,40 
40 


89^ R2 


10,40 


812 


12 


812 
812 
812 


12 
12 
12 


814 


15 


R2 
813, R2 
813, R2 


40 
14,40 
14,40 


813, R2 
812,14; R2 


14,40 
15,40 


R2 


40 


81 


3 


816, R18 
823 


16,66 
23 


R13 
R13 
R13 


59 
59 
59 


S3,R27 
822 
R3 
826 


4,79 
23 
41 
26 


R30 


83 


83 


4 


822 
R17 


23,104 
62 


R21 


65 


816 

817 

813, R2 

S3 

R34 


16 

18 
14,40 

85 


83, R2 
R2 
814 


4,40 
40 
15 







Subject. 



Paupers not admitted 

Pas^orts 

Limited passports 

To be indorsed 

See Expatriation 

Peace officers of States 

Perjury 

Penalties: 

Against master of vessel or 
conmanies for unlawful 

landing of aliens 

Assaulting or resisting im- 
migration officer or em- 
ployee 

Contract lab<»'ers, import- 
ing 

Diseased aliens, idiots, etc., 
for bringing 



Encouraging immigration by 
advertising, by giving 
rebates or commissions . . . 

Collection of penalties 

Deposits for 

For bringing in prostitutes . 

For bringing illiterates 

For failure to manifest 

For failure to defray ex- 
penses of detention and 
deportation of aliens 



For assisting an anarchist . . 
For landinff at place not 
designated by immigra- 
tion officer 

For refusing to return alien 

denied a landing 

For bringing epileptics, 
idiots, insane, constitu- 
tiomd psychopathic in- 
feriority, tuberculosis, or 
chronic alcoholism, per- 
sons afflicted with 

For bringing from restricted 

area 

For failure to prevent un- 
lawful landing of aliens. . . 
Security, taking from aliens 

Submission of evidence 

Person, definition of 

Persons mentally or physically 

defective 

Philippine Islands: 

Immigration act of Feb. 5. 

1917 

Law administered, by 

whom 

Political offenses, persons 

guilty of 

Polygamists, exclusion of 

Porto Rico, general 

Ports of entry 



Posting of immigration law and 
acts by steamship companies 
inforeign offices 

President's proclamation rela- 
tive to laborers with limited 
passports 

Primary inspection 

Privileges. See Exclusive priv- 
ileges. 

Prosecutions, in personam or 
in rem 

Prostitutes, penalty for import- 

Pubucations, payment for, in 

advance 

Public charges 

Admission imder bond 

Detail of officers to investi- 
gate 



Section 
or rule. 



S3 

S3, Rll 

Rll 

Rll 



827 
816 



88 



816 
85, R28 
S9,35;R28 



87 

R28 

R28 

84 

S9,R28 

814, R28 



827 



SIO 
818 



89 

89 

810 

817 

R28 

837 

83 

81 

81 

S3 

S3 

Rl 

819, R12. 

13 

R32 



Rll 
R3 



R28-A 

S4 



Page. 



4 

4,54 
54 
54 
91 
26 
16 



10 

16 

8,81 



9 

81 

81 

8 

10,81 

15,81 



26 



11 

18 



S3 
821, R17 

822 



10 
10 

11 

18 
81 
29 



3,91 

3,91 

4 

4 

37 

55,59 
84,89 



54 
41 



83 

8 

91 

4 

22,62 

23 



112 



IHDBX. 



[S^sectkm; R^nile.) 



Subject. 



Public Health Service. See 
Medical ofBcers. 



Quarantine. See Public Health 
Service. 



Refund of head tax 

Releasing arrested aliens under 

bond. See Bonds. 
Reading test 

Method of applying 

Examination of. By board 
of special inquiry 

Exemptions 

Reopening cases. 

Restricted area: 

Map of 

Applicants from 

Rei)orts, condition of vessels 

Repatriation 



S. 

Sailings, notice of 

Seamen: 

Act of Mar. 4, 1916 , 

Arrest of 

Arriving and departing, 
to be manifested 



Deportation of 

Diseased seamen 

In transit 

Fines for bringing diseased 

seamen 

Hospital treatment 

How landed 

Definition of 



Head tax 

Penalty for refusing to de- 
port 

List of 

Identification cards, nota- 
tion thereon by inspector. . 

Medical examination 

Ii^pection for admissioa 

Servants, personal or domestic, 

not excluded 

Singers, professional, not ex- 
cluded 

Skilled laborers 

Solicitor, Department of Justice, 

for the Department of Labor . . . 

Soliciting, by transportation 

companies 

^)ecial inquiry, board of. See 

Board of special inquiry. 
States- 
Agents of, stationed at ports 
for distribution of mfor- 

mation 

Peace ofiicer admitted to 

immigration stations 

Student laborers 

Stowaways; shall be held for 

bmtrd of special inquiry 

Steamship comi)anies. See De- 
portation. 



Section 
or rule. 



S2,R1 



S3,R4 
R4 

R4 

R4 

R17 



S3 
S11,R29 



R21 



RIO 

814: RIO, 

28 

S34 

SSL 33 

RIO 

RIO 

RIO 

S33 

81,31; 

Rl,10 

Rl,10 

S33 

S36 

RIO 
RIO 
RIO 

S3,R27 

S3,R27 
S3 



85 



S30 

S27 
R27 

S3,R2,7 



Page. 



3,37,90 



4,42 
42 

42 
42 
62 

35 

4 

11,83 

32,91, 

104 



69 

99 
47 

28 

27,28 

47 

47 
47 
28 

37,47 
37,47 

28 
29 

47 
47 
47 

4,79 

4,79 
4 

96-98 

8 



27 

26 
79 

4,40,45 



Subject. 



Subpoenaing witnessei 

when and how 

Refusal to answer, how pun- 
ished 

Suits: 

Bringing suit upon bonds. . 

Compromise, settlement 

Jurisdiction 

Prosecution of, in contract- 
labor cases 

Surreptitious entry 

Suspension of deportation 

Scope of immigration law 



T. 

Tax, head. See Head tax. 

Telegraphing, code for 

Temporary removal. See In- 
spectitm. 

Transits 

Illiterates grouped 

Practice, general 



Refund of head tax 

To be accompanied, when. . 

Transportation may be paid 
Tourists. See Transits. 
Transportation, cost (rf 



Transportation companies: 
Cost of deportation borne by. 
Penalty for bringing dis- 
eased aliens 



To bear expenses of guar- 
dian on return voyage — 

Tuberculosis, exclusion of 

Trachoma. 5«« Contagious dis- 



eases. 



U. 



United States, definition of . 

Uniforms 

Unlawful landing 



V. 



Vagrants, excluded 

Vessels* 

Clearance papers not to be 

granted, when 

Inspectors and matrons to 
be detailed on board of . . . . 

Sanitary conditions 

Virgin Islands 



W. 

Warrant of arrest: 

Application for 

Hearing thereon 

Women and girls 

Witnesses: 

Expenses of • - • ' 

Holding aliens who are de- 
ported as 

Subpoenaing 

Wives of domiciled aliens 

White slave traffic act 

Women and girls, procedure 

when arrested 

Workaways 



II 



Section 
or rule. 



Page. 



S16, R24 
R24 

S16 

S21 

825 
825 

85 
819 
818 



R34 



S3,R9 

R9 

83,23; 

Rl.^ 
Rl 

S23 

S3 

89; 
R2,15 

818 

89,35: 
R28 

S18,R26 
83,21 



81 

R33 

819 



S3 



S14 

S14 

811, R29 

Rl 



R22 
R22 
R22 

R24 

R25 

S16,R24 

822 



R22 
R7,10 



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OP Tms PUBUCATION MAY BE PROCURED FROM 

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GOVERNMENT PRINTINa OFFICE 

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"J 






"i M O 



16,76 
76 

16 

22 
25 

25 

8 
20 
18 
37 



85 



4,46 
46 

3^,4^ 
.37 
23 

4 

10,37 

61 

18 

10,28 
81 

18,78 
4,22 



3 

84 
20 



15 

15 

11,83 

37 



69 
69 
69 

76 

77 

16,76 

23 

93 

69 
45,47 



^- 



r 



3:,» 



lo; 



1^ 



16.? 



^' 




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