1608. Cornell University Library JV 6422 1908a Immigration iaws and regulations of July 3 1924 021 181 791 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924021181791 DEPARTMENT OF COMMERCE AND LABOR {J.^.- BUREAU OF IMMIGRATION AND NATURALIZATION Immigration La'ws and Regulations of July t, 1907 Fifth Edition, approved October 5, J908 Embodyinff Amendments to Rales 6, 20, 22, 23, 26, 29, 32, 35, and4t Atso'JJhanges in Statistical Rules I, 4, 5, 7, 8, tt, i2 16, 17, 18, 21, 23, 24, 26, 30, 31, and 32 WASHINGTON GOVERMMENT PRINTING OFFICE 1908 IMMIGRATION LAWS AND REGULATIONS. IMMIGEATION ACT OF FEBEUAEY 20, 1907, Note.— The Immigration Act of February 20, ISOTj^^f^ot^p^^^j^^j^to repeals the act of March 3, 1903, and all prior acts or herein. 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 In the back of this pamphlet are published such portions of the prior acts as are not repealed by or reenacted in the act of Feb- ruary 20, 1907 ; also the act of March 2, 1907, regarding expatriation. If necessary to refer to the old acts, they may be found in the pamphlets " Immigration Laws and Regulations " heretofore issued, or in the United States Statutes at Large, as follows : Act approved March 3, 1875 : IS Stat., part 3, page 477. List of im- Act approved August 3, 1882 : 22 Stat., page 214. migration acts. ^r■t aiinrovefl .T'-^p ?6. l'^S4 (Fee. 22 (vi]y) : 23 Stut., i^age 58. Act approved February 26, 18S5: 23 Stat., page 3.32. Act approved February 23, 1S87: 24 Stat, page 414. Act approved October 10, 1SS8: 25 Stat., page .505. Act approved March 3, 1891 : 26 Stat., page 1084. .*c*- nnpro' e^i Foin-nniy IP. Tift.^ (pfe 7) : -~ "-'^at., page 449. Act approved March 3, 1893 : 27 Stat., page 569. Act approved August 18, 1894 : 28 Stat., page 390. Act approved March 2, 1895 : 28 Stat., riage 780. Act approved June 6, 1900: 31 Stat., page 611. Act approved April 29, 1902 : .32 Stat, part 1, page 176. Act approved March 3, 1903 : 32 Stat., part 1, page 1213. Act approved March 22, 1904: 33 Stat., part 1, page 144. Act approved April 28, 1904: 33 Stat, part 1, page 591. Act approved February 3, 1905 : 33 Stat., part 1, page 684. ACT OF FEBKXJARY 20, 1907. AN ACT to regulate the immigration of aliens into the United States. Be it enacted hy the Senate and House of Representa- tives of the United States of Amenca in Conqress assem- hled, That there shall be levied, collected, and paid a tax of four dollars for every alien entering the United Head tax: 4 IMMIGRATION ACT OF FEBRUARY 20, 1907. Head tax: States." The said tax shall be paid to the collector of To whom customs of the port or customs district to which said alien shall come, or, if there be no collector at such port or pa?/ '^^°'° district, then to the collector nearest thereto, by the master, agent, owner, or consignee of the vessel, trans- portation line, or other conveyance or vehicle bringing Head tax, such alien to the United States. The money thus col- air'to°constt lected, together with all fines and rentals " collected under tute— i]^Q la^g regulating the immigration of aliens into the United States, shall be paid into the Treasury of the Immigrant United States, and shall constitute a permanent appro- priation to be called the " immigrant fund," to be used «sea° '■''''''* under the direction of the Secretary of Commerce and {\ J \ Labor to defray the expense of regulating the immigra- tion of aliens into the United States under said laws, in- cluding the contract labor laws, the cost of reports of decisions of the Federal courts, and digest thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all officers, clerks, and Head tax: employees appointed to enforce said laws. The tax im- To be lien posed by this section shall be a lien upon the vessel, or upon vessel ; Q(.jjgp 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 How pay; vessel, or other vehicle, and the payment of such tax may '"1?iasses'"^' ex- be enforced by any legal or equitable remedy. That the S"yme1it*o'f° " ^aid tax shall not be levied upon aliens who shall 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, nor upon otherwise ad- missible residents of any possession of the United States, nor upon 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 Payment on contiguous territory : "^ Provided, That the Commis- account aUens . ^ ^ i j; x • j.- t j.i. t j.- from contigu- sioner-Greneral or Immigration, under the direction or oua territory; ^[^j^ ^^q approval of the Secretary of Commerce and Labor, by agreement with transportation lines, as pro- vided in section thirty-two 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 tha'n" $™,500.^- ^1"*^™ foreign contiguous territory:* Provided further, 000 to so' Into That if in any fiscal year the amount of money collected fund" * " under the provisions of this section shall exceed two million five hundred thousand dollars, the excess above " For specific exceptions, see Rule 2. ^ For method of depositing fines and rentals, see Rule 3 ; for procedure in collecting fines and reporting suits for collection, see Rules 28, 29, and 30. " See paragraph (g). Rule 2. ^ See Rules 2, 25, and 27. IMMIGKATION ACT OF FEBEUARY 20, 1901. 5 that amount shall not be added to the " immigrant fund :" """^ t"^' Provided further. That the provisions of this section shall,,, p,^ept'°?^ not apply to aliens arrivmg m Guam, Porto liico, oruito, and Ha- Hawaii ; but if any such alien, not having become a citi- ""'"■ zen of the United States, shall later arrive at any port or place of the United States on the North American Conti- nent the provisions of this section shall apply : " Provided Passports: further, That whenever the President shall be satisfied ^^^ ' \^J^ * ^^ that passports issued by any foreign government to its detriment la- citizens to go to any country other than the United homers"'^to°'be States or to any insular possession of the United States ''^J^'^***'- or to the Canal Zone are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, the President may refuse to permit such citizens of the country issuing such passports to enter the conti- nental territory of the United States from such other country or from such insular possessions or from the Canal Zone." Sec. 2. That the following classes of aliens shall be Exclude* excluded from admission into the United States : All " "°'°' ' idiots, imbeciles, feeble-minded persons, epileptics, insane sane, etc. f persons, and persons who have been insane within five years previous; persons who have had two or more at- tacks of insanity at any time previously; paupers; per- ^^^^^"{51^^;- p*'j sons likely to become a public charge ; " professional become a pub- beggars; persons afflicted with tuberculosis or with a ""^Di'slasei ; loathsome or dangerous contagious disease ; * persons not Mentally or . comprehended within any of the foregoing excluded ^|j.^f|g''."^ ^^ classes who are found to be and are certified by the examining surgeon as being mentally or physically de- fective, such mental or 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 Criminals ; having committed a felony or other crime or misde- meanor involving moral turpitude; polygamists, or per- Poiygamists; sons who admit their belief in the practice of polygamy, anarchists, or persons who believe in or advocate the Anarchists; overthrow by force or violence of the Government of the United States, or of all government, or of all forms of law, or the assassination of public officials; prostitutes, Prostitutes, or women or girls coming into the United States for the ^ ' ' purpose of prostitution or for any other immoral pur- pose; persons who procure or attempt to bring in pros- «See Rule 2. * For President's proclamation and regulations drawn there- under, see Rule 21. " For provisions for landing under bond persons lilteiy to be- come public charges and persons certified for physical defects, see Rule 20. ^ For provision for placing in hospital, " with the express per- mission of the Secretary," persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, see Rule 10. 6 IMMIGRATION ACT OF PBBEUAEY 20, 1907. Excluded titutes or women or girls for the purpose of prostitution 7nnir«.t , Or ^or any other immoral purpose; persons hereinafter borers ; called contract laborers, who have been induced or solic- ited to migrate to this country by offers or proniises of employment or in consequence of agreements, oral, writ- ten or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled ; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solicited to migrate as above described; Assisted any person whose ticket or passage is paid for with the " ^°^' money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing ex- cluded classes, and that said ticket or passage was not paid for by any corporation, association, society, munici- pality, or "foreign government, either directly or indi- chiidren un- rectly ; all children under sixteen years of age, unaccqmr ^"" ^^ '• panied by one or both of their parents, at the discretion of the Secretary of Commerce and Labor or under such regulations as he may from time to time prescribe : <^'Pro- Exceptions— vided, That nothing in this Act shall exclude, if other- offenses po- wise admissible, persons convicted of an offense purely liticai; political, not involving moral turpitude: Provided fur- Transits; ther, That the provisions of this section relating to the payments for tickets or passage by any corporation, assor elation, 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 for- " ^Skilled la-eign contiguous territory: And provided further, That skilled labor may be imported if labor of like kind un- employed can not be found in this country : And provided, Actors, ar- further. That the provisions of this law applicable to con- ists, etc. tract labor shall not be held to exclude professional actors, artists, lecturers, singers, ministers of any religious de- nomination, professors for colleges or seminaries, per- sons belonging to any recognized learned profession, or persons employed strictly as personal or domestic serv- ants. Prostitntes: Sec. 3. That the importation into the United States of I m portation any alien woman or girl for the purpose of prostitution, iiKed**/"^ ''^"or for any other immoral purpose, is hereby forbidden; and whoever shall, directly or indirectly, import, or at- tempt to import, into the United States, any alien woman or girl for the purpose of prostitution, or for any other immoral purpose, or whoever shall hold or attempt to hold any alien woman or girl for any such purpose in pursuance of such illegal importation, or whoever shall keep, maintain, control, support, or harbor in any house or other place, for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl, within three years after she shall have entered the United States, " For regulations, see Rule 5. or IMMIGRATION ACT OP FEBRUARY 20, IOC?. 7 shall, in every such case, be deemed guilty of a felony, and ProsMtntes : on conviction thereof be imprisoned not more than five years and pay a fine of not more than five thousand dol- lars; and any alien woman or girl who shall be found an Deportation inmate of a house of prostitution or practicing prostitu- °l\,^^ yeLL^ ' ° tion, at any time within three years after she shall have entered the United States, shall be deemed to be unlaw- fully within the United States and shall be deported as provided by sections twenty and twenty-one of this Act." Sec. 4. That it shall be a misdemeanor for any person, Contract la- company, partnership, or corporation, in any manner ""■""' whatsoever, to prepay the transportation or in any way importation to assist or encourage the importation or migration of any "*' forbidden ; contract laborer or contract laborers into the United States, unless such contract laborer or contract laborers are exempted under the terms of the last two provisos con- tained in section two of this Act. Sec. 5. That for every violation of any of the provi- Penalty for sions of section four of this Act the person, partnership, '™P°''t'''e ; company, or corporation violating the same, by know- ingly assisting, encouraging, or soliciting the migration or importation of any contract laborer into the United States shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and recovered by the United States, or by any person who shall first bring his action therefor in his own name and for his own benefit, including any such alien thus prom- ised labor or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and separate suits may be brought for each alien thus promised labor or service of any kind as aforesaid." And it shall be the duty of the district attorney of the u- s. attor- proper district to prosecute every such suit when brought cute suits'';'^*'^^ by the United States. Sec. 6. That it shall be unlawful and be deemed a vio- Advertising lation of section four of this Act to assist or encourage *°'^' forbidden; the importation or migration of any alien by promise of employment through advertisements printed and pub- lished in any foreign country; and any alien coming to this country in consequence of such, an advertisement shall be treated as coming under promise or agreement as con- templated in section two of this Act, and the penalties imposed by section five of this Act shall be applicable to such a case : Provided, That this section shall not apply to Exception, States or Territories, the District of Columbia, or places LVd^^TerAto^ subject to the jurisdiction of the United States advertis- ries. ing the inducements they offer for immigration thereto, respectively. Sec. 7. That no transportation company or owner or soliciting: owners of vessels, or others engaged in transporting aliens Forbidden on into the United States, shall, directly or indirectly, either tat'ion*'^ compa- by writing, printing, or oral representation, solicit, invite, °'®^ • a See paragraph (c), Rule 31, end Rules 34-38. 6 For method of reportlug, see Rule 30. 8 IMMIGBATION ACT OF PEBBTJABY 20, lOOl. SoUciting! oj, encourage the immigration of any aliens into the United States, but this shall not be held to prevent trans- portation companies from issuing letters, circulars, or advertisements, stating the sailings of their vessels and terms and facilities of transportation therein; and for a violation of this provision, any such transportation com- pany, and any such owner or owners of vessels, and aU others engaged in transporting aliens into the United Penalty for. States, and the agents by them employed, shall be sever- ally subjected to the penalties imposed by section five of this Act. undin '•*'"" ' Sec. 8. That any person, including the master, agent, "*' owner, or consignee of any vessel, who shall bring into Penalty for. or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, ,to bring into or land in the United States, by vessel or other- wise, any alien not duly admitted by an immigrant in- spector or not lawfully entitled to enter the United States shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine not exceeding one thou- sand dollars, or by imprisonment for a term not exceed- ing two years, or by both such fine and imprisonment for each and every alien so landed or brought in or attempted to be landed or brought in." Fine $100: Sbc. 9. That it shall be unlawful for any person, in- For bringing cluding any transportation company other than railway aliens* " ^ ® ** 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 any alien subject to any of the following disabilities: Idiots, imbeciles, epi- leptics, or persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Commerce and 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 embarkation and that the existence of such disease or disability might have been detected by means of a competent medical examination at such time. Method of such person or transportation company, or the master, ect ng. 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 one hundred dol- lars for each and every violation of the provisions of this section; and no vessel shall be granted clearance papers 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 remitted or refunded: Provided, That clearance may be granted prior to the determination of such questions upon the deposit of a sum sufficient to cover such fine and costs, such sum to be named by the Secretary of Commerce and Labor." " For method of reporting, see Rule 30. ''For method of imposing, see Rule 28. IMMIGRATION ACT OF FEBEUAEY 20, 1907. 9 Sec. 10. That the decision of the board of special in- Appeals: quiry, hereinafter provided for, based upon the certificate g,Not allowed of the examining medical officer, shall be final as to the With tuieicu- rejection of aliens affected with tuberculosis or with a ous ^contagious loathsome or dangerous contagious disease, or with any'^'^*''^®^- Mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under section two of this Act.'' Sec. 11. That upon the certificate of a medical officer ^^y^"^";*!*" «" of the United States Public Health and Marine Hos- ,,,.-'„„„,*„ pital Service to the eftect that a rejected alien is helpless tion companies from sickness, mental or physical disability, or infancy, pense *of.' if such alien is accompanied by another alien whose pro- tection or guardianship is required by such rejected alien, such accompanying 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 accompanying alien in the same manner as vessels are required to return other rejected aliens.' Sec. 12. That upon the arrival of any alien by water at Manifests: any port within the United States," it shall be the duty incoming of the master or commanding officer of the steamer, sail- P''ss«°se''s— ing or other vessel having said alien on board to deliver to the immigration officers at the port of arrival 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, state as to each alien the full name, age, and sex ; whether married ^J^^^^ *° '^°^' or single ; the calling or occupation ; whether able to read or write; the nationality; the race; the last residence; the name and address of the nearest relative in the coun- try from which the alien came; the seaport for landing in the United States ; the final destination, if any, beyond the port of landing; whether having a ticket through to such final destination; whether the alien has paid his own passage or whether it has been paid by any other per- son or by any corporation, society, municipality, or gov- ernment, and if so, by whom; whether in possession of fifty dollars, 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 or supported by charity; whether a polyg- amist; whether an anarchist; whether coming hj reason of any offer, solicitation, promise^ or agreement, express or implied, to perform labor m the United States, " See Eules 6 and 20 ; also latter part of section 25. ' See Rule 12. " For the procurement of manifests from Canadian transporta- tion companies, see paragraph (e). Rule 25. 10 IMMIGEATION ACT OF FEBKUAEY 20, 1907. Manifests: and what is the alien's condition of health, mental and physical, and whether deformed or crippled, and it so, Out going for how long and from what cause; that it shall tur- passengers- ^j^^^ ^^ ^^^ ^^^^^^ ^^ ^^^ niaster or coimiiandmg officer of every vessel taking alien passengers out of the United States, from any port thereof, to file before departure therefrom with the collector of customs of such port a complete list of all such alien passengers taken on board. What to CO a- Such list shall contain the name, age, sex, nationality, ' residence in the United States, occupation, and the time of last arrival of every such alien in the United States, and no master of any such vessel shall be granted clear- ance papers for his vessel until he has deposited such list or lists with the collector of customs at the port of depart- ure and made oath that they are full and complete as to the name and other information herein required concern- Penaity ; ^p^g each alien taken on board his vessel ; "^ and any neg- lect or omission to comply with the requirements of this section shall be punishable as provided in section fifteen de^sued^'""" of this Act.*" That the collector of customs with whom any such list has been deposited in accordance with the pro- visions of this section, shall promptly notify the Com- missioner-General of Immigration that such list has been deposited with him as provided, and shall make such further disposition thereof as may be required by regu- lations to be issued by the Commissioner-General of Immigration with the approval of the Secretary of Com- merce and Labor : " Provided, 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 Commerce and Labor, may, when ex- pedient, arrange for the delivery of such lists of outgoing o f a 1 lens aliens at a later date : <■ Provided further, That it shall hjpines, Guam^be the duty of the master or commanding officer of any anVHawaii-^°"^'®ss6l Sailing from ports in the Philippine Islands, Guam, Porto Rico, or Hawaii to any port of the United States on the North American Continent to deliver to the immi- gration officers at the port of arrival lists or manifests made at the time and place of embarkation, giving the names of all aliens on board said vessel.'' How made Sec. 13. That all aliens arriving by water at the ports of the United States shall be listed in convenient groups, 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 so forth, is contained, and his number on said list, for convenience " For the procurement of manifests from Canadian transporta- tion companies, see paragraph (e), Rule 25. ' For method of imposing fine, see Rule 29. " See Rule XXIX, statistical regulations. *See paragraphs (6) and (c). Rule I, statistical regulations. IMMIGRATION ACT OF FEBRUARY 20, 1907. 11 of identification on arrival. Each list or manifest shall Manifests: be verified by the signature and the oath of affirmation of ,,qJ'' g'^^^^^'s"^^ the master or commanding; officer, or the first or second W master as 11 !_■• jii ij! • •■•to coiTectnesa below him m command, taken before an immigration of contents ; 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 oral 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 an idiot, or imbecile, or a feeble-minded person, or insane person, or a pauper, or is likely to become a public charge, or is afflicted with tuberculosis or with a loathsome or dangerous contagious disease, or is a person who has been convicted of, or who admits having committed a felony or other crime or misdemeanor involving moral turpitude, or is a polygamist or one admitting belief in the practice of polygamy, or an anarchist, or under promise or agree- ment, express or implied, to perform labor in the United States, or a prostitute, or a woman or girl coming to the United States for the purpose of prostitution, or for any other immoral purpose, 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. Sec. 14. That the surgeon of said vessel sailing there- ^jj^oj^e^signed with shall also sign each of said lists or manifests and hy surgeon ; make oath or affirmation in like manner before an immi- gration officer at the port of arrival, stating his profes- sional experience and qualifications 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 rela- tive to the mental and physical 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 competent surgeon employed by the owners of the said vessel." Sec. 15. That in the case of the failure of the master or paL°ngers-!-°^ commanding officer of any vessel to deliver to the said immigration officers lists or nianifests of all aliens on Doard thereof, as required in sections twelve, thirteen, and fourteen of this Act, he shall pay to the collector of cus- penalty of toms at the port of arrival the sum of ten dollars for each uo -. g-lien concerning whom the above information is not con- tained in any list as aforesaid : Provided, That in the case outgoing of failure without good cause to deliver the list of passen- passengers— gqrs required by section twelve of this Act from the mas- t^ or commanding officer of every vessel taking alien passengers out of the United States, the penalty shall be Penalty of paid to the collector of customs at the port of departure " See paragrai)]! (;;), Rule 20. n 12 IMMIGRATION ACT OF FEBEUABY 20, 190'7. Manifests: and shall be a fine of ten dollars for each alien not in- fin^/rfot\lU- <='"<^ed in said list; but in no case shall the aggregate ceed $100. fine exceed one hundred dollars." . Impaction: Sec. 16. That upon the receipt by the immigration olh- cers at any port of arrival of the lists or manifests of incoming aliens provided for in sections twelve, thirteen, On board and fourteen of this Act, it shall be the duty of said offi- '^^^^^ ' cers to go or to send competent assistants to the vessel to which said lists or manifests refer, and there inspect all jj Landing ^f or, gugh aliens, or said immigration officers may order a tem- landinl? " " porary removal of such aliens for examination at a desig- nated time and place, but such temporary removal shall not be considered a landing, nor shall it relieve the trans- portation lines, 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 provisions of this Act, bind the said transportation lines, If placed In masters, agents, owners, or consignees : Provided. That gration of^™rs where a suitable building is used for the detention and responsible. examination of aliens the immigration officials shall there take charge of such aliens, and the transportation com- panies, masters, agents, owners, and consignees of the vessels bringing such aliens shall be relieved of the re- sponsibility for their detention thereafter until the return of such aliens to their care. amKion*' «'=• Sec. 17. That the physical and mental examination of all arriving aliens shall be made by medical officers of by'^p ''h "and ^^^ United States Public Health and Marine-Hospital M.H. surgeons ; 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 certify for the information of the immigration officers and the boards of special inquiry hereinafter provided for, any and all physical and mental defects or diseases observed by said medical officers in any such alien," or, should medical offi- cers of the United States Public Health and Marine- Hospital Service be not available, civil surgeons of not less than four years' professional experience may be em- ployed in such emergency for such service, upon such terms as may be prescribed by the Commissioner-General of Immigration under the direction or with the approval H.^'sCTv'lce to ^^ the Secretary of Commerce and Labor. The United f r'^''sur''"'^n^'' States Public Health and Marine-Hospital Service shall saiaries""^^*""^ be reimbursed by the immigration service for all expendi- tures incurred in carrying out the medical inspection of aliens under regulations of the Secretary of Commerce and Labor. iiindiSg\'' "' " ' ^^c- 18- That it shall be the duty of the owners, officers, or agents of any vessel or transportation line, other than " For procedure, see Rule 29. ^ See Rule 9. IMMIGEATI02Sr ACT OF FEBEUABY 20, 1907. 18 those railway lines which may enter into a contract as j^^^p » !.« " f a i provided in section thirty-twd of this Act, bringing an ^^^'^ ^^^ alien to the United States to prevent the landing of such under sec. 32 ; alien in the United States at any time or place other than as designated by the immigration officers, and the negli- Penalty for ; gent failure of any such owner, officer, or agent to comply with the foregoing requirements shall be deemed a mis- demeanor and be punished by a fine in each case of not less than one hundred nor more than one thousand dollars or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment;" and every such„f "^g^,"^*'"*" alien so landed shall be deemed to be unlawfully in the landed. United States and shall be deported as provided in sec- tions twenty and twenty-one of this Act.* Sec. 19. That all aliens brought to this country in vio- Deportation: lation of law shall, if practicable, be immediately sent By yessei back to the country whence they respectively came on the ^""stas ; vessels bringing them. The cost of their maintenance Cost of, and while on land, as well as the expense of the return of such to be borne "hi aliens, shall be borne by the owner or owners of the vessels p*ani"s ^'^ *^°™' on which they respectively came; and if any master, person in charge, agent, owner, or consignee of any such^ Penalty for 1 1 n J? i • 1, 1 u J it- j; failure to hold, vessel shall refuse to receive back on board thereoi, or on deport, or board of any other vessel owned or operated by the same "a'^ts'i ; interests, such aliens, or shall fail to detain them thereon, or shall refuse or fail to return them to the foreign port from which they came, or to pay the cost of their main- tenance while on land, or shall make any charge for the return of any such alien, or shall take any security from Penalty for him for the payment of such charge, such master, person ity. °^ ^**^"'^' in charge, agent, owner, or consignee shall be deemed guilty of a misdemeanor and shall, on conviction, be pun- ished by a fine of not less than three hundred dollars for each and every such offense; and no vessel shall have clearance from any port of the United States while any such fine is unpaid:" Provided, That the Commissioner- witnesses: General of Immigration, with the approval of the Secre- Authority to tary of Commerce and Labor, may suspend, upon condi- ^"^^ ■ tions to be prescribed by the Commissioner-General of Immigration, the deportation of any alien found to have come m violation of any provision of this Act, if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecu- tion of offenders against any provision of this Act: Pro- Cost paid vided, That the cost of maintenance of any person so ^ant fund"' ' ' detained resulting from such suspension of deportation shall be paid from the " immigrant fund " " but no alien Hospital treat- certified, as provided in: section seventeen of this Act, to ^css ~~ p'rmiT- be suffering from tuberculosis or from a loathsome orjj^j. "' ^*'""''- dangerous contagious disease other than one of quaran- of those suf- ~~ tuberculosis or " For method of reporting, See Rule 30. loathsome o r 6 See paragraph (d). Rule 31, and Rules 34-38. fasT™"^ <^ See Rule 14. 14 IMMIGRATION ACT OF FEBRUARY 20, 1907. tinable nature shall be permitted to land for medical treatment thereof in any hospital in the United States, unless with the express permission of the Secretary insano aliens: gf Commerce and Labor:" Provided, That upon the cer- Hoiding for tificate of a medical officer of the United States Public p'ense^Tm mf- Health and Marine-Hospital Service to the effect that the grant fund, health or safety of an insane alien would be unduly imperiled by immediate deportation, such alien may, at the expense of the " immigrant fund," be held for treat- ment until such time as such alien may, in the opinion of such medical officer, be safely deported." Deportation: Sec. 20. That any alien who shall enter the United Unlawful States in violation of law, and such as become public puburcharg^es'^ charges from causes existing prior to landing, shall, upon ' the warrant of the Secretary of Commerce and Labor, be taken into custody and deported to the country whence he came at any time within three years after the date of How expense his entry into the United States. Such deportation, of, to be borne, including one-half of the entire cost of removal to the port of deportation, shall be at the expense of the con- tractor, 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 " immigrant fund " provided for in section one of this Act, and the deportation from such port shall be at the expense of the owner or owners of such vessel or transportation line by Bond : which such aliens respectively came : * Provided, That Releasing ar- pending the final disposal of the case of any alien so taken on. into custody he may be released under a bond in the penalty of not less than five hundred dollars with secur- ity approved by the Secretary of Commerce and Labor, conditioned that such alien shall be produced when re- quired for a hearing or hearings in regard to the charge upon which he has been taken into custody, and for depor- tation if he shall be found to be unlawfully within the United States.'' Deportation: g^^. 21. That in case the Secretary of Commerce and Of aliens Labor shall be satisfied that an alien has been found in to ; ^^^ the L^nited States in violation of this Act, or that an alien is subject to deportation under the provisions of this Act or of any law of the United States, he shall cause such alien within the period of three years after landing or entry therein to be taken into custody and returned to the country whence he came, as provided by section twenty aKfirfst" vess'eil °^ **''^^ ^^^■>' ^"^^ ^ failure or refusal on the part of the for refusal to masters, agents, owners, or consignees of vessels to com- deport on war- pjy ^j^j^ ^^^ ^^^^^ ^j ^^^ Secretary of Commerce and Labor to take on board, guard safely, and return to the country whence he came any alien ordered to be deported "See Rule 10. 6 See Rules 31-37. " See raragrayh (p). Rule ^f). IMMIGRATION ACT OF FEBRUARY 20, IQOT. 15 under the provisions of this Act shall be punished by the nciiortation : imposition of the penalties prescribed in section nineteen of this Act:" Provided, That when in the opinion of the^^Attend^ante Secretary of Commerce and Labor the mental or physical persons. condition of such alien is such as to require personal care and attendance, he may employ a suitable person 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 like manner.' Sec. 22. That the Commissioner-General of Immigra- Commissioncr- tion, in addition to such other duties as may by law be as- '^''"<'"J' signed to him, shall, under the direction of the Secretary °"*'®^ °^' of Commerce and Labor, have charge of the administra- tion 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 ap- pointed thereunder. He shall establish such 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 carrying out the provisions of this Act and for protecting the United States and aliens migrating thereto from fraud and loss, and shall have To make con- authority to enter into contract for the support and relief net^ot a?ienst of such aliens as may fall into distress or need public aid ; all under the direction or with the approval of the Secre- tary of Commerce and Labor. And it shall be the duty ^.^to io*'inve*' of the Commissioner-General of Immigration to detail tigate public officers 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, reforma- tory, and charitable institutions (public and private) of the several States and Territories, the District of Colum- bia, and other territory of the United States and to in- form the officers of such institutions of the provisions of law in relation to the deportation of aliens who have be- come public charges: Provided, That the Commissioner- To detail of- General of Immigration may, with the approval of the'^'^®™ abroad. Secretary of Commerce and Labor, whenever in his judg- ment such action may be necessary to accomplish the pur- poses of this Act, detail immigration officers, and also surgeons, in accordance with the provisions of section seventeen, for service in foreign countries. Sec. 23. That the duties of the commissioners of immi- commission- gration shall be of an administrative character, to be pre-"*' scribed in detail by regulations prepared, under the direc- tion or with the approval of the Secretary of Commerce and Labor. Sec. 24. That immigrant inspectors and other immi- Employees: gration officers, clerks, and employees shall hereafter be Appointing appointed and their compensation fixed and raised or de-^"** promoting. " For method of reporting, see Rule 30. ' For procedure for providing attendant, see Rule 37. 16 IMMIGRATION ACT OF FEBRUARY 20, 1907. creased from time to time by the Secretary of Commerce and Labor, upoii the recommendation of the Commis- sioner-General of Immigration and in accordance with the provisions of the civil-service Act of January six- teenth, eighteen hundred and eighty-three: Provided, Contract 1 a - That Said Secretary, in the enforcement of that portion Bor laws: ^^ ^^^.^ ^^^ ^^\^ich. excludes Contract laborers, may employ, visiSn (or ^It without reference to the provisions of the said civil service forcement of. ^^^.^ ^^ ^^ ^j^^ various Acts relative to the compilation of the official register, such persons as he may deem advisa- ble and from time to time fix, raise, or decrease their com- pensation. He may draw from the " immigrant fund " annually fifty thousand dollars or as much thereof as may be necessary, to be expended for the salaries and expenses of persons so employed and for expenses inci- dent to such employment; and the accounting officers of the Treasury shall pass to the credit of the proper dis- bursing officer expenditures from said sum without item- ized account whenever the Secretary of Commerce and Labor certifies that an itemized account would not be for the best interests of the Government : Provided further, Commission. That nothing herein contained shall be construed to *"' alter the mode of appointing commissioners of immigra- ppo nt ng. ^.^^ ^^ ^j^^ several ports of the United States as provided by the sundry civil appropriation Act approved August eighteenth, eighteen hundred and ninety-four, or the offi- cial status of such commissioners heretofore appointed. offl^"™'^"*'*" Immigration officers shall have power to administer oaths Power and ^^^ ^° taXie and consider evidence touching the right of authority of; any alien to enter the United States, and, where such action may be necessary, to make a written record of In ^before^^er- ^^^ evidence ; and any person to whom such an oath Jury; ' lias been administered under the provisions of this Act who shall knowingly or wilfully give false evidence or swear to any false statement in any way affecting or in relation to the right of any alien to admission to the United States shall be deemed guilty of perjury and be punished as provided by section fifty-three hundred and ^gChaUen|ing ninety-two. United States Revised Statutes. The deci- sion of any such officer, if favorable to the admission of any alien, shall be subject to challenge by any other immi- ciiS7n«ui?y :*'"'" gration officer, and such challenge shall operate to take Detaining the alien whose right to land is so challenged before a aliens for; board of Special inquiry for its investigation. Every alien who may not appear to the examining immigrant inspector at the port or 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. Appointing; Qec. 25. That such boards of special inquiry shall be appointed by the commissioner of immigration at the various ports of arrival as may be necessary for the prompt determination of all cases of immigrants de- tained at such ports under the provisions of law." Each " See Rule 17 for form of oath of board member. IMMIGRATION ACT OF PEBEUARY 20, 1907. 17 board shall consist of three members, who shall be se- eij^Y^^V.*"*" lected from such of the immigrant officials in the service*^" "'"""''■' as the Commissioner-General of Immigration, with the approval of the Secretary of Commerce and Labor, shall fijom time to time designate as qualified to serve on such boards : Provided, That at ports where there are fewer other om- than three immigrant inspectors, the Secretary of Com- ''"^'^ ^°^ • merce and Labor, upon the recommendation ol the Com- missioner-General of Immigration, may designate other United States officials for service on such boards of spe- cial inquiry. Such boards shall have authority to deter- Authority mine whether an alien who has been duly held shall be"'' allowed to land or shall be deported. All hearings be- Hearings fore boards shall be separate and apart from the public, ^ °'^^' ^^ ^^**' but the said boards shall keep a complete permanent record of their proceedings and of all such testimony as may be produced before them; and the decision of any two members of a board shall prevail, but either the alien adpo.iIs : or any dissenting member of the said board may appeal m a n n e r of through the coptimissioner of immigration at the port of * "^ ' arrival and the Commissioner-General of Immigration to the Secretary of Commerce and Labor, and the taking]3a°®ed*°soiei°y of such appeal shall operate to stay any action in regard "pon original to the final disposal of any alien whose case is so appealed ^^ ^^^"^^ ' until the receipt by the commissioner of immigration at the port of arrival of such decision which shall be ren- dered solely upon the evidence adduced before the board of special inquiry : Provided, That in every case where an unless taken, alien is excluded from admission into the United States, cers^flnaf f °* u,nder any law or treaty now existing or hereafter made, the decision of the appropriate immigration officers, if adverse to the admission of such alien, shall be final, unless reversed on appeal to the Secretary of Commerce and Labor: but nothing in this section shall be construed. Not allowed to admit of any appeal in the case of an alien rejected asjeeted uider provided for in section ten of this Act.-^ ^^'=*'°° ^°- Sec. 26. That any alien liable to be excluded because Bonds-. likely_ to become a public charge or because of physical ^^^anding un- disability other than tuberculosis or a loathsome or dan- in what gerous contagious disease may, if otherwise admissible, ^t|?^ permissi- neverth^less be admitted in the discretion of the Secre- tary of Commerce and Labor upon the giving of a suit- able and proper bond or undertaking, approved by said Secretary in such amount and containing such conditions as he may prescribe, to the people of the United States, holdipg the United States or any State, Territory, county, municipality, or district thereof harmless against such alien becoming a public charge. The admission of such alien shall be a consideration for the giving of such bond or undertaking. Suit may be brought thereon in the^^^B^i'in^g'ng name and by the proper law officers either of the United ^"' ^ ^^°^' States Government or of any State, Territory, district, <^ See Rules 5-8. 53388—08 2 18 IMMIGRATION ACT OF FEBKTJAEY 20, 1907. county, or municipality in which such alien becomes a public charge.* • i • Suits: Sec. 27. That no suit or proceeding for a violation of compromis-the provisions of this Act shall be settled, compromised, ing, etc. ; ^^ discontinued without the consent of the court in which it is pending, entered of record, with the reasons therefor. Under for- Qec. 28. That nothing contained in this Act shall be ™ffecte^a'%e°e' construed to affect any prosecution, suit, action, orpro- "y- ceedings brought, or any act, thing, or matter, civil or criminal, done or existing at the time of the taking effect of this Act; 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 con- tinued in force and effect, c n r 1 8, cir- Sec. 29. That the circuit and district courts of the trict: """ """ United States are hereby invested with full and concur- juriBdiction. rent jurisdiction of all causes, civil and criminal, arising under any of the provisions of this Act. ExcinsiTc Sec. 30. That all exclusive privileges of exchanging priTiieges! mouey, transporting passengers or baggage, or keeping ^^How grant- gg^jj^g houses, and all other like privileges in connection with any United States immigrant station, shall be dis- posed of after public competition, subject to such condi- tions and limitations as the Commissioner-General of Immigration, under the direction or with the approval of the Secretary of Commerce and Labor, may prescribe: Provided, That no intoxicating liquors shall be sold in Proceeds any such immigrant station; that all receipts accruing paid 'intotami^ from the disposal of such exclusive privileges as herein grant fund, provided shall be paid into the Treasury of the United States to the credit of the " immigrant JEund " provided for in section one of this Act. Peace offl- Sec. 31. That for the preservation of the peace and in """ order that arrests may be made for crimes under the laws Bt^tfSi'f '°° *° of the States and Territories of the United States where the various immigrant stations 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 purpose of this section the jurisdiction of such officers and of the local courts shall extend over such stations, commissionor- Sec. 32. That the Commissioner-General of Immigra- Ocnerai! ^j^j^^ Under the direction or with the approval of the Sec- ruies°and "con^ retary of Commerce and Labor, shall prescribe rules for !''"o*^t?^^ '°: the entry and inspection of aliens along the borders of specttonon_, ,■' t -Kr f ,. * •■, ti land bounda- Canada and Mexico, so as not to unnecessarily delay, '"'^^" impede, or annoy passengers in ordinary travel between the United States and said countries, and shall have power to enter into contracts with transportation lines for the said purpose.* " See Rule 20 as to circumstances under which accepted. ' For arrangement on Canadian border, see Rule 25 ; on Mexican border, Rule 27. IMMIGKATION ACT OF PEBKUARY 20, 1907. 19 Seo. 33. That for the purpose of this Act the termg."" » 1 1 . d " United States " as used in the title as well as in the va- ' "' rious sections of this Act shall be construed to mean the term*. ° °^ United States and any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone: Provided, That if any alien shall leave the Canai zono: canal zone and attempt to enter any other place under inspection of the jurisdiction of the United States, nothing contained ""^°' '''''"• in this Act shall be construed as permitting him to enter under any other conditions than those applicable to all aliens. _ Seo. 34. That the Commissioner-General of Immigra- commissioner; tion, with the approval of the Secretary of Commerce and Appointment Labor, may appoint a commissioner of immigration to f/^ngf ^^"^ ^^' discharge at New Orleans, Louisiana, the duties now re- quired of other commissioners of immigration at their respective posts. Seo. 35. That the deportation of aliens arrested within Deportation: the United States after entry and found to be illegally To be to therein, provided for in this Act, shall be to the trans- port"!" "^"'"^ Atlantic or trans-Pacific ports from which said aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory. Seo. 36. That all aliens who shall enter the United of aliens en- States except at the seaports thereof, or at such place orf'^ilyf ""''"'- places as the Secretary of Commerce and Labor may from time to time designate, shall be adjudged to have entered the country unlawfully and shall be deported as provided by sections twenty and twenty-one of this Act: Provided, That nothing contained in this section shall j^J^"''* "' *"■ affect the power conferred by section thirty-two of this ^o be desig- Act upon the Commissioner-General- of Immigration to gated on land prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico." Seo. 37. That whenever an alien shall have taken up Admission: his permanent residence in this country, and shall have of diseased filed his declaration of intention to become a citizen, and^"nd^r"i°of thereafter shall send for his wife, or minor children ^^ ^^^^f^r&i\at^- join him, if said wife or any of said children shall be tion to become found to be affected with any contagious disorder, such '^'"^®°" wife or children shall be held, under such regulations as the Secretary of Commerce and Labor shall prescribe, 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 dis- order is easily curable or that they can be permitted to land without danger to other persons, they shall, if other- wise admissible, thereupon be admitted.* ''See Rule 38; also paragraph (g), Rule 21. * See Rule 11. H o w a p pointed ; 20 IMJVEIGEATION ACT OP FEBEUAKY 20, 1907. AnarchisW: Sec. 38. That no person who disbelieves in or who is Not to be ad- opposed to all organized government, or who is a member mitted; J^^^ affiliated with any organization entertaining and teaching such disbelief in or opposition to all orgamjiejl government, or who advocates or teaches the duty, neces- sity, or propriety of the unlawful assaulting or killing oj any officer or officers, either of specific individuals or of officers generally, of the Government of the United btate^ or of any other organized government, because of his or their official character, shall be permitted to enter the United States or any territory or place subject to the jurisdiction thereof. ' This section shall be enforced by the Secretary of Commerce and Labor under such rules Penalty for and regulations as he shall prescribe. That any person assisting to en- -^-[^q knowingly aids or assists any such person to enter **''■ the United States or any territory or place subject to the jurisdiction thereof, or who connives or conspires with any person or persons to allow, procure, or permit any such person to enter therein, except pursuant to such rules and regulations made by the Secretary of Commerce and: La- bor shall be fined not more than five thousand dollars, or imprisoned for not more than five years, or both." Immigration Sec. 39. That a commission is hereby created, consist- Commission: ^^^ ^f three Senators, to be appointed by the President " ' of the Senate, and three members of the House of JRepre- sentatives, to be appointed by the Speaker of the House of Representatives, and three persons, to be appointed by the President of the United States. Said commission shall make full inquiry, examination, and investigation by sub-committee or otherwise into the siubject of immi- Authoritygration. For the purpose of said inquiry, examination, and duties ; ^^^ investigation, said commission is authorized to send for persons and papers, make all necessary travel, either in the United States or any foreign country, and, through the cliairman of the commission or any member thereof to administer oaths and to examine witnesses and papers re- specting all matters pertaining to the subject, and to employ necessary clerical and other assistance. Said commission shall report to the Congress the conclusions reached by it and make such recommendations as in its Expenses of, judgment may seem proper. Such sums of money as may how paid. ' be necessary for the said inquiry, examination, and in- vestigation are hereby appropriated and authorized to be paid out of the " immigrant fund " on the certificate of the chairman of said commission, including all expenses of the commissioners and a reasonable compensation, to be fixed by the President of the United States, for those members of the commission who are not members of Con- intcrnntionaigress; and the President of the United States is also Conference: authorized, in the name of the Government of the United thorized^to nr- States, to Call, in his discretion, an international confer- 'range' for ; ence, to assemble at such point as may be agreed upon, or " For method of reporting, see Rule 30. IMMIGBATION ACT OF FEBRUARY 20, IQOl. 21 to Send special commissioners to any foreign country, forj,^J,^*|™»J'*°»* the purpose of regulating by international agreement, pm-pose of. subject to the advice and consent of the Senate of the United States, the immigration of aliens to the United States ; of providing for the mental, moral, and physical examination of such aliens by American consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foteign governments in their own territories to prevent the evasion of the laws of the United States governing immigration to the United States; of entering into such international agreements as may be proper to prevent the iihmi^ation of aliens who, under the laws of the United Stktes, are or may be excluded from entering the United States, and of regulating any matters pertaining to such immigration. Sec. 40. Authority is hereby given the Commissioner- j,^^^,',"^.""*'*" General of Immigration to establish, under the direction Bstabiish- and control of the Secretary of Commerce and Labor, a ment of ; division of information in the Bureau of Immigration and Naturalization ; and the Secretary of Commerce and Labor shall provide such clerical assistance as may be necessary. It shall be the duty of said division to pro- Duties and mote a beneficial distribution of aliens admitted into the 8^"*^'^°'^''^ °'- United States among the several States and Territories desiring immigration. Correspondence shall be had with the proper officials of the States and Territories, and said division shall gather from all available sources useful information regarding the resources, products, and phys- ical characteristics of each State and Territory, and shall publish such information in different languages and dis- tribute the publications among all admitted aliens who may ask for such information at the immigrant stations of the United States and to such other persons as may desire the same. When any State or Territory appoints state agents: and maintains an agent or agents to represent it at any Appointment of the immigrant stations of the United States, such at po?ts ; °" °^ agents shall, under regulations prescribed by the Com-jj,?"""^'®^'®^ missioner-General of Immigration, subject to the approval of the Secretary of Commerce and Labor, have access to aliens who have been 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 immigrant Control ot. station such a;gents shall be subject to all the regulations prescribed by the Commissioner-General of Immigration, who, with the approval of the Secretary of Commerce and Labor, may, for violation of any such regulations, deny to the agent guilty of such violation any of the Jirivileges herein granted. Sec. 41. That nothing in this Act shall be construed to i^".'*'*" ■"" apply to accredited officials of foreign governments nor" "exempted to their suites, families, or guests." from provu ' ' ° slons hereof. "See paragraph (6), Rule 2. 22 IMMIGBATION ACT OF FBBEUAEY 20, 1901. natSon^/t"' Sec. 42. It shall not be lawful for the master of a steam- ship or other vessel whereon immigrant passengers, or passengers other than cabin passengers, have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and pas- sengers to any port or place in the United States unless the compartments, spaces, and accommodations herein- after mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage ; that is to say, in a steamship, the compartments or spaces, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow for each and every passenger carried or brought therein eighteen clear super- ficial feet of deck allotted to his or her use, if the com- partment or space is located on the main deck or on the first deck next below the main deck of the vessel, and twenty clear superficial feet of deck allotted to his or her use for each passenger carried or brought therein if the compartment or space is located on the second deck below the main deck of the vessel : Provided, That if the height between the lower passenger deck and the deck immediately above it is less than seven feet, or if the ap- ertures (exclusive of the side scuttles) through which light and air are admitted together to the lower passen- ger deck are less in size than in the proportion of three square feet to every one hundred superficial feet of that deck, the ship shall not carry a greater number of passen- gers on that deck than in the proportion of one passen- ger to every thirty clear superficial feet thereof. It shall not be lawful to carry or bring passengers on any deck other than the decks above mentioned. And in sailing vessels such passengers shall be carried or brought only on the deck (not being an orlop deck) that is next below the main deck of the vessel, or in a poop or deck house constructed on the main deck; and the compartment or space, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow one hundred and ten cubic j feet for each and every passenger brought therein. And such passengers shall not be carried or brought in any be- tween decks, nor in any compartment, space, poop, or deck house, the height of which from deck to deck is less than six feet. In computing the number of such pas- sengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in any such vessel! who shall have been, during the voyage, taken from anyj other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or other-3 wise, shall not be included in such computation. Thei master of a vessel coming to a port or place in the United States in violation of either of the provisions of this sec- tion shall be deemed guilty of a misdemeanor ; and if the! IMMIGBATION ACT OF FEBKUAKY 20, 1907. 23 number of passengers other than cabin passengers carried ,ia^,"ation'Mt "' or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as hereinbefore prescribed, the said master shall be fined fifty dollars for each and every passenger in excess of the proper number, and may also be imprisoned not exceed- ing six months. This section shall take effect on January first, nineteen hundred and nine. Sec. 43. That the Act of March third, nineteen hun- Bepeaiing dred and three, being an Act to regulate the immigration ''''"'*" ' of aliens into the United States, except section thirty- four thereof, and the Act of March twenty-second, nine- teen hundred and four, being an Act to extend the exemp- tion from head tax to citizens of Newfoundland enter- ing the United States, and all Acts and parts of Acts inconsistent with this Act are hereby repealed : Provided, Exceptions. That this Act shall not be construed to repeal, alter, or amend existing laws relating to the immigration or ex- clusion of Chinese persons or persons of Chinese descent, nor to repeal, alter, or amend section six, chapter four hundred and fifty-three, third session Fifty-eighth Con- gress, approved February sixth, nineteen hundred and five, or, prior to January first, nineteen hundred and nine, section one of the Act approved August second, eighteen hundred and eighty-two, entitled "An Act to regulate the carriage of passengers by sea." Sec. 44. That this Act shall take effect and be enforced ,,. w h « » effect- from and after July first, nineteen hundred and seven: Provided, however, That section thirty-nine of this Act and the last proviso of section one shall take effect upon the passage of this Act and section forty-two on January first, nineteen hundred and nine. Approved February 20, 1907. (34 Stat., pt. 1, p. 898.) ' IMMIGRATION REGULATIONS. CONTENTS. Rules relating to he-^d tax: Page. 1. Collection of head tax 26 2. Exemptions from head tax 27 3. Accounting for head tax and other receipts 28 ECLES RELATING TO ADMISSION OR EXCLUSION: 4. Application of Immigration Act 28 5. Examination of aliens 29 6. Appeals .30 7. Appeals, procedure 32 8. Appeals, procedure 32 9. Medical examination 32 10. Landing for hospital treatment 34 11. Detention of sick wives or children 36 12. Detention of attendants for helpless aliens 36 13. Detention and treatment of aliens, procedure and expense of 36 14. Holding of aliens as witnesses 38 15. Assistance to admitted aliens 38 16. Charges for care and maintenance 38 17. Oath of board of special inquiry 38 18. Appearance of attorneys 38 19. Notice of sailings 39 20. Admissions under bond 39 21. Japanese and Korean laborers 40 22. Seamen 42 23. Stowaways 46 24. Ports of entry, Canada 47 25. Admission and exclusion, Canadian ports 47 26. Ports of entry, Mexico 51 27.' Admission and exclusion, Mexico 52 28. Fine, bringing of diseased aliens 53 29. Fine, failure to deliver manifests 55 30. Fines, reporting of 56 EULES RELATING TO DEPORTATION: 31. Deportation, aliens subject to 57 32. Public charges from prior causes 57 33. Public charges, medical certificate 58 34. Deportation, application for warrant 58 35. Deportation, procedure 59 36. Deportation, cost of maintenance 61 37. Deportation, procedure in cases of insane or diseased aliens requiring special care and attention 61 38. Deportation, where to 63 39. Deportation by consent 63 EuLES RELATING TO TRANSIT: 40. Aliens in transit , 63 41. Aliens in transit, head tax for 63 Miscellaneous rules: 42. Cattlemen 65 43. Administration of oaths 66 44. Posting of immigration acts 66 45. OfRcial communications 66 46. Telegraphing 66 47. Uniforms 66 25 26 RULES EELATING TO HEAD TAX. Statistical rules: P^e^- I. jManifests required by la w • - - .- ^8 II. General inward passenger movement, collectors' duties .. 69 III. General inward passenger movement, inspectors' duties. . 69 IV. Alien inward passenger movement, data to be compiled. . 69 V. Alien inward passenger movement, reports 69 VI. Alien inward passenger movement, revising manifests . . . 69 VIl-XIV. .41ien inward passenger movement, meaning of terms 70-72 XV. Alien inward passenger movement, monthly reports 72 XVI, XVII. Alien inward passenger movement, other reports 73, 74 XVIII. Alien inward passenger movement, agreement statement. 74 XIX-XXVII. Alien inward passenger movement, exceptional cases 74-76 XXVIII. General outward passenger movement 76 XXIX-XXXI. Alien outward passenger movement 76, 77 XXXII. Record books and indexes under naturalization law 77 Department of Commerce and Labor, Bureau of Immigration and Naturalization. Note: Meaning NoTE. — Wherever, in the following rules, the expres- pioycd.' ™ ' ^"' sion " Immigration Act " is used, it shall be understood to refer to the act entitled "An act to regulate the immi- gration of aliens into the United States," approved Feb- ruary 20, 1907 ; and wherever a numbered section is men- tioned it shall be understood to refer to the section of that number in said act, unless explicitly stated to the contrary. 1 ^"''*''"' ^'' "^^^ following rules do not apply to aliens saeking ad- ' mission to the Philippine Islands, the administration of not applicable the immigration laws and the collection of head tax '"■ therein having been vested in the officers of the gen- eral government of those islands by section 6 of the act approved February 6, 1905. BTTLES BELATING TO HEAD TAX. Head tax: KuLE 1. Collection of head tox. — The head tax imposed Collection of ; by Section 1 of the Immigration Act is to be levied and collected in respect of all aliens entering the United States, except such as are described in Rule 2 hereof. ^^certiflcation Upon the arrival of any aliens at any seaport of the *^ "' ' United States, the immigration officer in charge shall certify to the collector of customs the number of aliens on account of whom the tax is payable and the name of the person required to pay the same. Upon receipt of such certificate, the collector of customs shall forthwith collect a tax of four dollars for each alien so certified. Deposit of ; "j^he tax collected on account of aliens, who are not per- mitted to land, but are held for examination by a board ^^Refundmentof special inquiry, and the tax collected on account of aliens permitted to enter for the purpose of passing in transit through the United States, shall be held as a spe- cial deposit, to be refunded, in the one case, when an alien detained for examination has been excluded, and in the other, when an alien proceeding in transit through the United States has left the country. The collections so EULES RELATING TO HEAD TAX. 27 • made shall no longer be held on special deposit, but shall ^*'"' '■"'= bfe accounted for in the regular manner, in the case of aliens detained for examination, so soon as it shall appear that they are admitted, and, in the case of aliens entering for the purpose of transit, if, at the expiration of thirty days, it is not shown that they have passed out of the country. The head tax payable on account of aliens entering the collection of. United States from foreign contiguous territory shall be Canadian "bo" - levied and collected, at Mexican border ports, according '^^'■^ • to the provisions of Eule 27 hereof, and at Canadian bor- der ports according to the terms of an agreement between the Commissioner-General of Immigration and certain transportation companies, embodied in Eules 24 and 25 hereof. Rule 2. Exemptions from head tax. — The head tax Exemptions shall not be levied in respect of the following aliens : 1"°^ — (a) Aliens who do not enter the United States because Excluded excluded from admission thereto by the Immigration Act. ^"^"^~ (Sees. 1 and 2.) (&) Diplomatic and consular officers and other accred- Diplomatic ited officials of foreign governments, their suites, families, °^'^«''s~ and guests coming to the United States to reside or to pass through in transit. (Sec. 41.) (c) Head tax shall not be collected on account of aliens Residents entering the United States from Canada, Newfoundland, 5^°^^"^ j^^J| Cuba, or Mexico whose legal domicile or bona fide resi- Cuba, and dence was in one of the countries specified for at least one ^^ '^° year immediately preceding such entrance if it merely appears that the continuity of their physical presence at their place of residence or domicile was broken by one or more transient and temporary departures therefrom ; nor shall head tax be collected on account of such aliens if it merely appears that, instead of entering the United States from Canada, Newfoundland, Cuba or Mexico directly, they come by way of some other foreign country in which they had made a merelj'^ temporary or transient sojourn. {d) Head tax shall not be collected on account of aliens reentering the United States from Canada, Newfound- land, Cuba, or Mexico who are citizens thereof but who have acquired a legal domicile or bona fide residence in the United States, and who are returning from a visit to one of the said countries, notwithstanding that the period of a full year has not intervened between the date of their departure from and the date of their return to the United States. (e) Aliens, otherwise admissible, who are residents of. Residents any possession of the United States, provided at the time s?ous^ posses- of admission to such possession head tax was paid on their account. (Sec. 1.) (/) Aliens who enter the United States only for the Transits- purpose of transit to foreign destinations. Collections made in respect of such aliens will be held on special de- 28 BULBS EELATIlirG TO ADMISSION OE EXCLUSION. Head tax: pogj^. ^jj^j ^jj^ ^^ refunded pursuant to Kules 1 and H. (Sec. 1.) c^n'tfnuous iff) Aliens who have been lawfully admitted to the Journey— United States and who later shall go in transit from one part of the United States to another through foreign con- tiguous territory. Satisfactory evidence of such previous lawful admission and of previous payment of head tax shall be required in the case of aliens on whose behalf this exemption is claimed, as in paragraphs (c) and (d) of this rule. Personal knowledge on the part of an immi- gration officer, or a written statement from such an officer based on an examination of official records certifying to the fact of previous entry and payment of tax, will be sufficient. As evidence of the continuity of the transit, production of a dated passenger ticket, where such exists, may be required. (Sec. 1.) Guam,'p'ort°o (^) Aliens arriving in Guam, Porto Kico, or Hawaii; Rico, 'and Ha- but if any such alien, not having become a citizen of the ^'' ' United States, shall later arrive at any port or place of the United States on the North American Continent the provisions for the levy and collection of head tax shall apply. (Sec. 1.) fnnd™"'*'""' Rule 3. Accounting for head tax and other receipts. — All moneys collected on account of head tax, as well as foAece"pts for^ all moneys collected for rentals of exclusive privileges at United States immigrant stations and all moneys col- lected as fines for violations of the immigration laws (whether imposed by the Department or the courts) , shall be deposited to the credit of the Treasurer of the United States on account of the "immigrant fund," with an assistant treasurer of the United States, or national-bank depositary, in the same manner as other miscellaneous col- lections are deposited. Separate accounts of the receipts and expenditures of money under the act shall be ren- dered monthly to the Secretary of the Treasury through the Department of Commerce and Labor on forms to be furnished by the Government for the purpose. BULES RELATING TO ADMISSION OR EXCLUSION. Immigration RuLE 4. Application of ImMigration Act. — The pro- visions of the Immigration Act apply to all aliens seek- pikabie^°" *^ i"g ^'O enter the United States, except accredited officials of foreign governments, their suites, families, and guests. The act also prescribes the conditions of their admission to or exclusion from the United States, or any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone. The act becomes effect- ive when such aliens arrive from any foreign country, or other place without the jurisdiction of the United States, or from the Canal Zone. The provisions of the Inrnii- f ration Act do not apply to aliens who have once been uly admitted to the United States or any waters, terri- tory, or other place subject to the jurisdiction thereof, BULES RELATING TO ADMISSION OR EXCLUSION. 29 proceeding to or from the continental territory of the United States, except aliens coining from the Canal Zone, and except Japanese or Korean laborers coming from Hawaii, with passports limited to Hawaii, Mexico, or Canada. The admission of aliens coming from the Canal Zone is governed by the regulations applicable to aliens gener^jUy; the admission of Japanese or Korean laborers to th^ continental territory of the United States is gov- erned by the provisions of the Executive order of the President eijabodied in Rule 21 hereof. BuLE 5. J^xamination of aliens. — No alien who falls ExaminaUons within one of the classes of persons enumerated and de- who exciua- fined in siection 2 of the Immigration Act or in the Exec- ^ ^ ""'"' ' utive order embraced in Rule 21 hereof shall be admitted to the United States, nor (with the exception of the Isth- mian Canal Zone) to any waters, territory, or other place subject to the jurisdiction thereof. Every alien seeking to. enter the United States, as thus defined, who does not fall within any of the classes so enumerated, shall be admitted. Child;ren under sixteen years of age, unaccompanied by ^ei? i6^™° ""' one or both of their pjarents, shall not be permitted to enter th^ United States, if it appears, or the circum- stances indicate, that they are to be placed in forced or " p^^drone " servitude or in any employinent unsuited to their years. Every alien arriving at a port of the United States shall gp^tlon ^^ '"" be promptly examined, as by law provided, either on Iship- board or at some other place designated for that purpose. Every alien who may appear to the examining immigrant inspector to be clearly and beyond doubt entitled to land shall be at once admitted ; every alien who may not ap- . Board special peair to be clearty and beyond a doubt entitled to land t?on. ^^ °^p*'=" shall be detained, for examination by a board of special inquiry, which examination shall be promptly conducted separate and apart from the public, and, upon the con- clusion thereof, the alien shall be either immediately landed or ordered excluded and returned to the country whence he came. If an appeal lies, the alien shall be in- Appeals: formed of his right thereto, and the fact that he has been Notifying so inf prmed shall be entered of record in the minutes of to'^" ° "^ ^ * the board's proceedings. If the alien elects to appeal, he of ?^"'°^ notice must, to enable officers to comply with the provisions of section 19, file notice of such appeal not less than forty- eight hours prior to the sailing of the first vessel by which his return may be effected, unless such sailing occurs less than forty-eight hours after the order of deportation is made. But in no event shall an appeal be considered after an alien has, in consequence of an adverse decision of a board of special inquiry, been transferred from an immigrant station to be excluded, unless such transfer hq,s been m^de to prevent congestion, or dajnger of conta- gion, as provided by Rule 8 hereof. 30 EXILES RELATING TO ADMISSION OB EXCLUSION. Appeals: jf ^n alien, rejected on account of disability or disease, «fp5fm,hin ™,^°or because insane or mentally defective, is m such phys- BteamsMp com- .^^j or mental condition as to require special care and- attention during the ocean voyage and land trip o± de- portation, the commissioner or inspector m charge shall, when delivering such rejected alien into the custody of the master or first or second officer of the vessel by which deportation is to be effected, furnish such officer with a statement of particulars (Form No. 597) and accom- panying receipt and returns, for use in accordance with the provisions of Rule 37 hereof, all applicable require- ments of which rule shall be observed. In the cases of aliens rejected by boards of special inquiry, or by the Department on appeal, the commissioner of immigration or inspector in charge shall, as promptly as circumstances permit, notify the steamship line by a vessel of which the alien is to be deported, furnishing full particulars as to the cause of rejection, and, if the alien is diseased, disabled, or insane, a statement of the alien's condition. When per EuilE 6. Appeals. — Except as specified in this rule, an " ^^ "^ *" appeal may be taken by the alien himself or by a dissent- ing member of the board from any decision of a board of special inquiry which determines whether an alien shall When not be admitted or excluded. No appeal is permissible when ^ecause^^'ded- the decision of the board rejecting an alien is hosed upon on med1ca?''TOr- ^ Certificate of the examining medical officer which tlflcate ; shows — {a) That the alien is afflicted with tuberculosis or with a loathsome or dangerous contagious disease ; (i) That the alien is an idiot, an imbecile, an epileptic, or is insane or feeble-minded ; (c) That the alien has been insane within five years previously, or has had two or more attacks of insanity at any time previously ; {d) That the alien has any mental defect which in the board's opinion may affect his ability to earn a living or render him likely to become a public charge ; (e) That the alien has any physical defect which in the board's opinion may affect his ability to earn a living or render him likely to become a public charge; but aliens coming within this class may nevertheless be admitted, in the discretion of the Secretary, as provided in Rule 20 hereof, board'^'^of ""in* Boards of Special inquiry in reaching decisions " based g u 1 r y under upon the certificate of the examining medical officer " are sect on ; ^^ ^^ govcmed by the following considerations: It is " the decision of the board of special inquiry " which is made unappualable in certain cases by section 10, and not " the certificate of the examining medical officer." In arriving at a decision, therefore, the board is required to exercise its own discretion in determining whether or not it will " base " the same upon the certificate of the exam- ining medical officer. Where the decision of the board is RULES RELATING TO ADMISSION OR EXCLUSION. 31 expressly " based " upon medical certificates of the char- Ai'tfi's' acter specified by section 10, no appeal is allowed by the act. But whether the board will so " base " its decision will naturally depend upon the circumstances of the case. Thus— When the medical certificate shows that an alien is c i r e u m^- affected with tuberculosis or with a loathsome or dan- min"inywhe1:her gerous contagious disease, or when it shows that an alien BPfn'^'|ijaii''®be IS an idiot, an imbecile, or an epileptic, or is insane or fee- f^^'jff'^gOJJg^^t^- ble-minded, the board of special inquiry, in the absence and *^^whether of competent and convincing evidence to the contrary, is l^^l ^ |\«^' ^ virtually forced to " base " its decision upon that certifi- board subject cate, the reason being that whether or not an alien is so sSaif^?!'' con^- affected is purely a matter of medical science and not ^'jf^^^o^^^f^P; such a matter as to which a board of laymen can be ex- bond. pected to reach an intelligent conclusion. Where the medical certificate states that an alien is affected with any mental defect or physical defect (other than those just named), either of which defects is of a nature that might affect the ability of the alien to earn a living or make him likely to become a public charge, or when the medical certificate states that the alien has been insane within five years previously, or has had two or more attacks of insanity at any time previously, the ques- tion to be determined is a practical one quite as much as a medical one, and boards of special inquiry should not only receive and carefully consider the certificate of the medical officer, but should likewise consider all the facts and surrounding circumstances of the case, and from the case as a whole reach their own conclusion as to whether the defect is of a nature which may, considering all the circumstances of the case, affect his ability to earn a living or render him likely to become a public charge, or whether the alien has actually been afilicted in the past. If the defect for which certified is physical, not mental, and, on consideration of the whole case, the board's de- cision is that such physical defect is one which may affect his ability to earn a living or render him likely to become a public charge, and the alien is otherwise admissible, he Application should be given an opportunity to make application for for landing nn- landing under bond in accordance with Rule 20. ^" '"and Tf , on the other hand, the board's conclusion is that the Appeals : defect is not of such a nature as to affect the ability of the alien to earn a living or render him likely to become a public charge, considering all the facts surrounding his case, and that the alien is otherwise admissible, the board should land the alien unconditionally; or, if the board's conclusion is that the alien should be rejected, not solely because of the certificate but on the basis of all the facts and circumstances, the alien should be rejected and ad- vised of his right to appeal in the usual manner. To summarize so much of the foregoing as relates to Distinction the distinction between appeals and applications for ad-t^^g^" ^^' mission under hond: 32 BULES RELATING TO ADMISSION OB EXCLUSION. When a loard concludes that an alien is " liable tole excluded because likely to hecome a fublic charge or be- cause of physical disability other than tuberculosis or a loathsome or dangerous contagious disease^\ and such con- clusion is not based solely upon the medical^ certificate^ the board should render a decision, from which decision the alien has the right of appeal. But when the board reaches such conclusion upon the basis solely of the medical certificate, no decision should be rendered, but the alien should be given an opportunity to apply for admission under bond in accordance with Rule 20. Appeals: EtnLE 7. Appeals, procedui^e.— Notice of appeal shall acfls^Itay of act as a stay of all proceedings until a final decision is deportation; rendered by' the Secretary; and, within forty- eight hours after the filing of such notice, the complete record of the case shall be forwarded to the Commissioner-General of Immigration by tlie immigration officer in charge at the port of arrival, accompanied by his views thereon in consWefed"n-^^^^*^'^SJ ^ut on such appeal of any case to the Secretary ' no evidence will be considered which has not already been passed upon in said case by a board of special inquiry at the original hearing, or upon a rehearing if so ordered. ditkmai*' tl m^'e (See sec. 25.) If, to prevent a naiscarriage of justice, ^°^ • additional time is granted to the friends or counsel of an appealing alien, the said immigration officer may require the deposit of a sum of money sufficient to defray the cost of maintaining appellant during the additional time thus allowed. ord^of';"^ '"^ RuLE 8. Appeals, procedure. — The commissioner of im- migration or the immigration officer in charge at the port of landing shall enter of record the name of every alien found upon examination to be within any of the prohibited classes, with a statement of the decision in each case ; and if such decision be appealed from immedi- ately upon the receipt from the Department of its con- clusions thereupon the alien shall be landed or deported steamVhfp'of i'^ accordance with such conclusion. If a landing is re- dismissai of. fused on appeal, the master, agent, consignee, or owner of the vessel by which the said alien arrived shall be notified by the commissioner or officer in charge, and advised that the alien will be placed aboard the vessel of the line in- volved next sailing, for deportation. The commissioner or officer in charge at a port of entry Avhere a detention station is located may, immediately upon exclusion, place debarred aliens on board the vessel by which they are to be deported, if in his judgment such action is necessary to prevent congestion or danger of contagion in such sta- tion. (See Rule 5.) i,m"foi?' '"'"'"" Ii^i= 9. Medical examination.— Officers of the United What sui- States Public Health and Marine-Hospital Service (or, if duct^ *° '^''°' ^"^^^ officers are not available, civil surgeons of not less than four years' professional experience) are required bv section 17 of the Immigration Act to make a physical and RULES RELATING TO ADMISSION OR EXCLUSION. 33 ex- mental examination of all arriving aliens, and to certify ^^^^^^^^ for the information of immigration officers any and all physical and mental defects or diseases observed by them. Every officer of such Service detailed for this duty shall, subject to the instructions of the Surgeon-General of the Public Health and Marine-Hospital Service, be under the direction of the immigration officer in charge of the port to which he may be detailed. The certificate of the medical officer shall state the phys- certificates ical or mental defect or disease observed, specifying the^nts^'of—'"^' name by which it is known in common speech as well as the name by which it is known in medicine; and the certificate shall also state: (a) Where an alien is certified as having been insane . insane with- within five years previous, or as having had two or more '° ^ ^**''^ ' attacks of insanity at any time previously, how the pre- vious existence of the malady has been ascertained (sec. 2) ; (b) Where an alien is certified as being afflicted with a contagious loathsome or dangerous contagious disease, that the dis- "^'^^^^^^ ' ease named is in fact a loathsome or dangerous contagious disease, and is or is not of a quarantinable nature (sees. ^'19); ... (c) Where an aliMi is certified as having a mental or Mental and physical defect of a nature which may affect his ability ^ectsf'*^^' ''*' to earn a living, or as being likely to become a public charge by reason of any mental or physical disability, the bearing of such mental or physical shortcoming upon the customary occupation of the alien and upon his general capacity for useful employment, whether such defect is of a temporary or permanent nature, and whether the defi- ciency of the alien has been corrected by artificial or edu- cational means (sees. 2, 10, 26) ; (d) Where an alien is certified for permission to land when hos- f or medical treatment in any hospital of the United ment requfred ; States, or where it is certified that the health or safety of an insane alien would be unduly imperiled by immediate deportation, that the alien is not suffering from tubercu- losis or from a loathsome or dangerous contagious disease of a nonquarantinable nature, and the probable duration of the alien's detention in hospital, asylum, or elsewhere (sec. 19) ; (e) Where an alien is certified as being helpless from For heipiess- sickness, mental or physical disability, or infancy, whether °®^^ '• such alien requires the protection or guardianship of an attendant (sees. 11, 21) ; (/) Where the wife or minor children of a domiciled wives and alien are certified as being affected with any contagious ™ren;° '^ '^'"'' disorder, whether such disorder is a loathsome or a dan- gerous one, the probable length of time needed to deter- mine whether the disorder will be easily curable, and whether they can be permitted to land without danger to other persons (sec. 37) ; and 53388—08 3 34 RULES EELATING TO ADMISSION OE EXCLUSION. inS""' <■'"""■ {g) Where an alien is certified as being an idiot, imbe- aerti/Jcate.cile, epileptic, or afflicted with tuberculosis or with a eovering, co»- loathsome or dangerous contagious disease, whether the tenu 01— gjjgj^ ^^g ^^ afflicted at the time of foreign embarkation, flictld'a°t%ime whether the existence of the disease or disability might katto!? ™'''"'" have been detected by means of a competent medical ex- amination at such time, how the previous condition of the alien has been ascertained, and the ground for believing that it might have been detected by a competent exam- ination. hoa'pttei'Tr/a" RuLE 10. Landing for hospital treatment. — (a) Where ment: an alien has been excluded by decision of a board of Conditions special inquiry and the order for the return of the alien peimis'sibieY'^'' bas been suspended, or where an alien is held, pending the determination of his case, by order of court, to await transportation, on account of his health, because his testi- mony is required in the prosecution of offenders against the act, or for some other cause, an application may be made, accompanied by the certificate of the medical ex- aminer, to the Secretary of Commerce and Labor for per- mission to allow the landing of the alien for hospital treatment or other appropriate care or attention. Evidence re- .(&) Such an application will be granted as of course gent^c'ases—"'^ where it is certified by the medical examiner that the health or safety of an insane alien would be unduly imper- iled by immediate deportation, or where it is manifest to the commissioner of inxmigration, or the immigration officer in charge, that the condition of the alien requires immediate hospital treatment. In such cases, pending the decision of the Secretary, hospital treatment or other appropriate care or attention shall be immediately afforded, cases ° ° * "^ ® ■" ( c ) In all other cases the application will not be granted unless it clearly appears from the report of the commis- sioner of immigxation, or the immigration officer in charge, or from other evidence accompanying the appli- cation, that such a course is necessary to meet the ends of justice and humanity, pemission^-'^^of ('^) Applications to land for medical treatment in a Secretary— hospital of the United States by the " express permis- sion " of the Secretary, made by or on behalf of aliens certified to be suffering from tuberculosis or from a loath- some or dangerous contagious disease (sec. 19), must be qui'red— "'^^ ^^ accompanied by a certificate of a Public Health and Marine-Hospital surgeon showing the exact character and extent of the malady with which the alien is suffering and estimating the duration of the treatment that will be required to effect a cure. The alien making the appli- cation, or the person making it in his behalf, shall deposit with the commissioner of immigration, or inspector in charge, a sum of money sufficient to cover the cost of RULES EELATING TO ADMISSION OB EXCLUSION. 35 affording the alien treatment for the period of time esti- hospit'a'l'Trca't- mated in the above-mentioned certificate (and give satis- mont: factory assurances that further deposit will be remitted By "express if needed), if such estimated period does not exceed sixty §lcretaiy— °* days; and, in the event the estimate is for more than said quSea— money time, a deposit shall be made sufficient to cover treatment and transpor- for sixty days, and satisfactory assurances given that at * °°' the expiration of said period a further deposit will be made sufficient to cover cost of treatment for thirty days additional and a remittance of a similar amount at the commencement of each succeeding period of thirty days, until the alien is cured and allowed to proceed, or the case otherwise disposed of. There shall also be deposited by the alien, or by the person making the application in his behalf, a sum of money (or transportation ticket and money) sufficient to defray the expense of forwarding the alien, if and when eventually cured, to his destination within the United States; and, in the event that such alien is a person who, by reason of infancy or other cause, will require the care of an attendant while traveling, such deposit shall be sufficient to also cover the expense of detailing an employee of the Immigration Service to ac- company the alien to his destination, and the cost of the return of such employee to his or her station, or satisfac- tory assurances must be given that such an attendant will be furnished by the person making the application. The certificate above mentioned shall be forwarded to the gard°ng aUen Bureau of Immigration and Naturalization, accompanied ^""^ deposits ; by a report of the circumstances of the case, sufficiently detailed to enable the Department to determine whether there are present any peculiar conditions that render the exercise of its authority necessary to meet the ends of justice and humanity. Such report shall also show whether the deposits and assurances hereinbefore men- tioned have been made and given, describing the character of the assurances. If the application is granted by the Department the alien will be permitted to enter a hos- pital for treatment. Should such treatment extend over a period exceeding sixty days and the deposit to cover any succeeding thirty-day period not be promptly forth- coming upon demand, the fact of such failure shall be immediately reported to the Department in order that instructions for the deportation of the alien may issue. When any alien so detained is cured and allowed to pro- ceed to destination, such amount as remains unexpended of the deposit or deposits made on his account shall be returned to the depositor and his receipt taken therefor. (e) The landing or detention of an alien for the pur- Not admis- pose contemplated by this rule shall not be construed in ^'°°' any manner to alter the status of the alien with reference to "his right to enter or reniain in the United States. {Sec. 19.) 86 EULES BELATING TO ADMISSION OB EXCLUSION. .hiiH^-Vf 1"™^ RtJue 11. Detentio\of sick wwes or children.— Where, Idled «u?L I upon the arrival of the wife or minor child or children Landing of, sent for by a domiciled alien, or of the minor child or for treatment; pj^-j^^gj^ ^^ ^ naturalized citizen, born abroad prior to his naturalization, such wife, child, or children are found to be afflicted with a contagious disorder and it can not be immediately determined whether the disorder will be easily curable, they shall be held until a determination can be had, and an application may be made, accompanied by the certificate of the medical examiner, to the Secre- tary of Commerce and Labor for permission to allow the landing of such wife or child for hospital treatment or other appropriate care or attention. In such cases, where necessary, pending the decision of the Secretary, hospital treatment or other appropriate care or attention shaU Evidence re- be immediately afforded. This application or the accom- ^"''^*^" panying papers must clearly show that the husband or father has actually taken up his permanent residence in this country and has actually filed his declaration of in- tention to become a citizen of the United States, or has actually been naturalized, and that he is in fact the hus- band or father of the alien in question. Nothing con- tained herein shall be taken as in any manner affecting the liability of transportation companies under section 9, or as altering the status of the aliens concerned with ref- erence to their admission or exclusion. (See sec. 37, and Rules 10 and 12.) H el p 1 e 8s Rule 12. Detention of attendants for helpless aliens. — ■ *"*■ Where it is found that an alien is helpless from sickness, V o*y"a?e*°for° mental or physical disability, or infancy, and that, if when deported! excluded, he will require the protection and guardian- ship of an attendant upon his return to the country whence he came, if the alien arrives accompanied by others, not more than one of such accompanying aliens (preferably a natural guardian or relative) shall be de- tained to act if, in the judgment of the commissioner of immigration or the immigration officer in charge, such detention is necessary. Such detention shall not be deemed necessary, but is permissible, in quarantinable cases. If the alien arrives unaccompanied, a suitable person shall be employed for the purpose. The ex- pense incident to such detention or employment and to the transportation involved shall be borne by the transporta- tion company. (Sees. 11, 19, 21.) D 1 a s b 1 e d RuLE 13. Detention and treatment of cdiens, procedure '"•"" and expense of. — (a) A disabled alien, within the pur- tr^tment'of^ ' view of Rules 10, 11, and 12 hereof, may be afforded the required medical treatment on board ship or in the deten- tion quarters, or may be removed to a suitable hospital for treatment, as in his discretion the commissioner of immigration or inspector in charge at the port may decide is required by existing circumstances and the condition of the alien's health as reported upon by the surgeon charged EULES EELATING TO ADMISSION OE EXCLtTSION. 37 with the medical examination of aliens at such port. If gue„j.' ■''*•* such an alien is removed to a hospital he shall not be re- garded as in any sense landed, and the cost of his mainte- nance and care there must be borne in one of the several ways hereinafter specified, as the circumstances of the case may require. (6) If in the judgment of the commissioner or in- jg^'ts"^^"** specter in charge, based upon the expressed opinion of the medical examiner, it is necessary as a measure of human- ity or for the proper care of an alien removed to hospital to also place in the hospital a suitable attendant or some person who is dependent upon the disabled alien, or the reverse, the cost of the detention in hospital of such addi- tional person must be borne in the same manner as the cost of treating the disabled alien. (c) The expenses involved in detaining or treating Expenses of aliens shall be borne as follows: (1) By the immiffrantQff^^^^ "^'" fund. — In cases of (aa) Those held as witnesses under section 19 and Eule 14 ; (hh) Insane aliens whose health or safety would be unduly imperiled by immediate deporta- tion (sec. 19) ; (cc) Wives and minor children of aliens who have declared intention, or minor children of natural- ized citizens born abroad prior to naturalization of parent (sec. 37 and Eule 11; Op. Compt., Jan. 15, 1908). (2) By the alien. — Those treated by " express permission " of the Secretary, under section 19, although afflicted with tuberculosis or a loathsome or dangerous contagious dis- ease, in accordance with the provisions of Eule 10 (Op. , Compt., Jan. 15, 1908). (3) By the alien., freferdbly, hut hy im/migrant fund under special authority. — Aliens whom it is necessary for any reason to hold at a port of entry, after admission, in accordance with Eule 15. (4) By steamship companies. — Aliens not falling within any of the foregoing classes whom it is necessary for any rea- son to hold or to treat in hospital pending determination of right to land, or awaiting deportation under order of rejection of a board of special inquiry or of the Depart- ment (sec. 19). {d) Covering cases of the character mentioned in class Biiis for hos- (4) of the preceding paragraph, bills for hospital treat- ment of f ® * * ' ment and maintenance shall be rendered monthly by hos- pitals against the steamship companies responsible, through the office of the commissioner of immigration or inspector in charge, the latter's approval to be attached to the bills, if found correct, before forwarding them to the companies for settlement. Officers of the Immigration Service will in all such cases look to the steamship com- panies for settlement of the hospital bill. If any steam- Refusal t o ship company refuses to pay such bills rendered with the ^^ent^of. ''^**' approval of the immigration officials, it will, of course, be necessary to require thereafter that all aliens brought by the vessels of such company shall be held on board ship until their applications for admission have been finally adjudicated. 38 RULES RELATING TO ADMISSIOK OR EXCLUSION. Witnesses: jj^j, j4_ Holding of aliens as witnesses.— y^hea it is aliens 'tV act t^ouglit that the deportation of an excluded alien should as. be suspended so that his testimony may be had in a prose- cution of offenders against the Immigration Act, in re- porting to the Bureau the violation of law involved, im- migration officials should give reasons for the belief that the violators should be prosecuted and the aliens held as witnesses, and if such reasons are found sufficient, au- thority will issue, with the approval of the Secretary, for the holding of the witnesses at the expense of the " immi- grant fund." (Sec. 19.) p /o 't e c^t 1 n"? Rule 15. Assistance to admitted aliens. — Any alien who aliens: has been admitted may be permitted to wait for friends Providing or remittances upon payment by him of the actual ex- of*aecident?°^^^ penses incurred by reason of such delay. In case such an alien is unable, from accident or other unavoidable cir- cumstances, to immediately continue his journey, and is without sufficient means to defray the expense of his enforced delay, the commissioner of immigration may, in his discretion, pay said expense, reporting said case to the Bureau of Immigration and Naturalization, with reasons for his action, and request that such expense be repaid out of the " immigrant fund." eaxe^llf nfain^ RuLE 16. Charges for care and maintenance. — At ports tenance: where the Immigration Service maintains hospitals no Not to ex- charge for food, lodging, or maintenance, or for hospital cost. ^ ^^ attendance, medicines, or other hospital expenses shall be made in excess of the actual cost of furnishing the same, the intention being to make the Service self-supporting without profit, boa^dr^'or spe-* ^^^^ 1^- Oath., hoard of special inquiry. — Any immi- ciai Inquiry: gratiou or other Government officer appointed to serve nSSi"hv*° ^^ °" ^ board of special inquiry under the provisions of section 25 of the Act approved February 20, 1907, shall be required to subscribe to the following oath : FORM 566. Department of Commerce and Labor, Immigration Service. I, , having been designated by to serve as a member of a board of special inquiry, under tbe provisions of section 2.5 of the act of Congress approved February 20, 1907. do solemnly that I will use my best endeavors as a member of such board to enforce the laws of the United States relating to the admission or exclusion of certain classes of aliens, and that I will well and faithfully discharge the duties of the office mentioned. taken by. and subscribed before me this day of , A. D. 190— [Oflicial seal.] Fees "To be ^^^^^' 1^- ^Vpearance of attorneys. — Attorneys and pec- charged by ; ^ SOUS appearing in behalf of detained aliens shall not be permitted to charge a .sum exceeding ten dollars in each case unless the commissioner or officer in charge shall, in RULES RELATING TO ADMISSION OR EXCLUSION. 39 writing, allow an additional compensation. A family or aw«">«ts: party_ of aliens traveling together shall be regarded as constituting a " case " within the meaning hereof. If for any special reason an attorney deems himself entitled to a larger fee, or if it is actually necessary for such attorney to incur expense in an alien's behalf, he shall report such facts to the commissioner or officer in charge when apply- ing for^ the privilege of charging an additional fee or claiming reimbursement for expenses, and, if permission is granted, shall collect such additional fee or expenses m e t^h o d of only through the commissioner or officer in charge. Any- mfsconduct; "^ one charging an alien a fee prior to his detention, or charging or receiving from an alien or his relatives or friends a fee, gift, or compensation for his services in excess of the above rate, except in the manner pro- vided, or who shall deprive an alien of any part of his chattels or effects in lieu of, or as security for, said fee, will, upon reasonable proof of such misconduct, and after having been allowed a fair opportunity to answer the charge, be disbarred by the Department (to which a full report of the matter shall be made) from practicing at Keeping rec- any immigration station of the United States. The "^^ ° ' names and addresses of attorneys or other persons so disbarred shall be conspicuously posted at the immigra- tion station where the misconduct occurred and their names recorded in the office of the Commissioner-Gen- eral of Immigration. Rule 19. Notice of sailings. — The master, agent, owner, Notice of sail- or consignee of any vessel on which aliens are brought "^'^gters of to the United States shall, at least twenty-four hours in vessels to give. advance thereof, notify the commissioner of immigration or officer in charge of the intended time of sailing of such vessel, in order that such officer may place on board the vessel every alien brought thereon who has been finally refused a landing. Rule 20. Admissions under tend. — If, in following the Admissions nn- provisions of Rule 6 hereof relating to appeals, the hoard of special inquiry reaches the conclusion that an alien in which permis- whose case a medical certificate for some physical defect, ^^^^'^ '• other than tuberculosis or a loathsome or dangerous con- tagious disease, has been rendered is excludable solely because such certified physical defect is, in the board's opinion, " of a nature which may affect the ability of such alien to earn a living," or render him liable to become a public charge, but that such alien is otherwise admissi- ble, and, after notice of his right to do so, the alien sig- nifies an intention to apply for admission under bond, the board shall not enter an excluding decision against Procedure the alien as in other cases, but shall make a special finding ^°^ ' of fact in the premises and report the same, including the certificate of the medical examiner, to the inunigration officer in charge, who shall forward the report, together with his recommendation, to the Secretary of Commerce 40 RULES EELATING TO ADMISSION OR EXCLUSION. ondetbo1Sd'''°°'*n' : is an inmate, setting forth : {a) That the alien is a public charge, and giving: Data for Date of admission to the institution ; date and port of ^g o^'f ^ '""*' foreign embarkation; ship and line by which 'arrived; date and port of American debarkation; correct name; name under Avhich manifested; age; nationality; and citizenship. 58 RULES RELATING TO DEPORTATION. f/o°m"''pr"rr (^) ^^^ accurate statement in plain terms of the men- causes : tal or physical disability of the alien, covering any and Exact condi all Complications which his condition may present; also shown ; * ° ^ ^ his pre<^nt condition with reference to the degree of help- lessness to which reduced; the probability of a cure, or the degree to which health and ability to become self- supiDorting may be restored; and in insanity cases, whether recurrent attacks might be expected if recovery from present onset were effected, statement of (c) A full and complete recital of the causes to which quired; are attributed the aliens condition as a public charge. Origin of (f^) Whether such causes are considered to have ex- isted prior to or to have arisen subsequent to landing ; and if believed to have existed prior to landing, stating spe- cifically the reasons upon which belief in prior cause is based, or, in other words, the features of the case which justify such a conclusion. Copy of his- (2) A complete copy of the clinical or general history cry require . ^^ ^j^^ ^^^^ ^^ shown by the hospital records, and includ- ing the statements of relatives and friends. Commitment (3) In the cases of insane patients, a copy of the com- parers , mitment papers containing the grounds alleged by the ex- amining physicians as the* basis for commitment. Further cer- (4) Before applying for a warrant in accordance with quired *if %os- Rule 34, the immigration officer to whom the foregoing re- sibie; pQj.^ ^g jnade shall, whenever practicable, cause the alien to be examined by an officer of the Public Health and Marine-Hospital Service, whose certificate should accom- pany the application for a warrant. Public RtTLE 33. Piihlic cTxurges, medical certifcate. — In the c arges. event that the examining medical officer is able definitely Me »'. '--. ., T • 1 , T . C^ J. 1_ _ ™°*' to inspect all the evidence upon which the Secretary has acted in directing said alien's arrest, and be given an opportunity to offer evidence and submit an argument ia his behalf, and be given an opportunity to inspect and make a copy of the report of the hearing and of the find- ings of the officers before whom it is held. In case said alien is unable to understand or to speak the English language, an interpreter shall, if possible, be secured for the hearing, authority for payment of a reasonable com- pensation to be obtained by special request therefor ; and in the event that the alien is physically or mentally in- capable of testifying, his relatives, friends, or acquaint- ances shall be questioned. Medical cer- (y') The record of the hearing accorded an alien who t cate; .^ insane or has become a public charge shall be supple- mented by a written certificate of the medical officer in charge of the institution in Avhich the alien is confined, showing whether 'such alien is in condition to be deported without danger to life. Release u n - (^) Pending decision upon the case the arrested alien der bond ; s\^q\i \)q released from custody, provided there is fur- nished, as required by the proviso to section 20, a satis- factory bond, nmning to the United States and condi- tioned for the production of the alien to the immigration ; officers for hearing or hearings and for deportation in the event of the issuance of a departmental warrant of Sureties on deportation. The sureties on such bond shall be parties ^'"** of ascertained responsibility; and in preparing the bond a blank form supplied by the Bureau of Immigration and Naturalization will be used. No alien so arrested shall be released, however, until the bond offered on his behalf has been approved by the Secretary. d e ifoVtati o*n (^) ^^' after the receipt of the report of such hearing, warrant; it shall appear to the satisfaction of the Secretary, from all the evidence, that such alien is in the United States in violation of laAv and that the time within which he can be deported has not expired, a warrant will be issued for his deportation. Care to be {{) Officers are directed to make thorough investiga- conductfng in°- tion of all cases where they are credibly informed, or vestigation; have reason to believe, that a specified alien is in the United States in violation of law. It is not permissible for officers to resort to any form of intimidation, by threats, violence, or otherwise, in order to extort from any suspected alien or from any other person the infor- mation to be embodied in the application for the warrant of arrest. Officers are specially cautioned not to lend their aid in causing the arrest of aliens upon charges arising out of personal spite or enmity, unless the truth of such charges is clearly established. «team8hipcom° (i) ^^ every case in which a warrant of deportation is pany; issued under sections 20 and 21, the immigration official RULES RELATING TO DEPORTATION. 61 in charge at the port from which deportation is to be J'/?»'JJ."»»> made shall notify the steamship line, on a vessel of which the alien is to be placed, of the intended deportation as promptly as possible after receipt of the departmental warrant and of advices from the officer under whose su- pervision the arrest and hearing in the case have been effected._ And in all such cases care shall be exercised by all immigration officials concerned to furnish the steam- ship officials with full and exact information concerning the name, destination, condition of health, etc., of the alien to be deported. (k) If the conditions are such that an attendant (or Attendant to matron) will be required to assist in conveying an alien ^^^p"""*- from an inland point to the seaport of deportation, spe- cial request for authorization therefor should accompany the record of hearing under a warrant of arrest. Such attendants will be allowed a nominal compensation of one dollar and traveling expenses both ways. This rate must not be exceeded in any instance without special authorization, based upon extraordinary conditions, to be fully set forth for the guidance of the JDepartment. RTJL.E 36. Deportation, cost of maintenance. — The cost Arrest and de- of maintaining aliens during the pendency of warrant ^°'^'''"*"' proceedings under the preceding nile is a proper charge maatenance against the appropriation " Expenses of regulating im- cee/ingf Eow migration ; " but in the cases of aliens who have become tome ; public charges from causes existing prior to landing in the United States, such cost shall not be allowed for any period preceding the date of original notification to an officer of the Immigration Service, and even then only in the event that the Department, upon investigation, or- ders the deportation of the alien. If proceedings against Method of a procurer or contractor are instituted in accordance with bu*r s'efo'e'nt section 3, 5, or 20 of the Immigration Act, immigration ^^^ en import- officers should report to the United States district attor- cutea. ney the amount of the cost of deporting the alien, in- cluding 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. Rule 87." Deportation, procedure in cases of insane or Deportation: diseased aliens requiring special care and attention. — Procedure in (a) When deportation is to be effected, under sections SrTi s e a s*e°d 20 and 21, and the alien is disabled or mentally or phys- a"e°s; ically diseased, the immigration officer charged with the investigation of the case shall obtain from the physician (if practicable a surgeon of the Public Health and Ma-^^jAn^enpUlj rine-Hospital Service) having personal knowledge of the care and at- condition of the alien's health a statement showmg such t™"°°— condition in terms that will enable the Department to "For special regulations regarding arrest and deportation of prostitutes and procurers, and anarchists and criminals, see De- partment Circulars Nos. 156 and 163, respectively. 62 EULES BELATING TO DEPORTATION. D.port.tioii: determine whether the alien, if deported, will require special care and attention, which statement shaU accom- pany the report of the hearing of the case forwarded to the Department, cfe^o^f— " '° ii>) If' wpon considering the report of the hearing, the Department decides that the alien is deportable and issues a warrant of dc^^jortation, the physician's statement de- scribed in paragraph (a) hereof, taken in conjunction with such further evidence of physical or mental condi- tion as is brought out by the hearing, win be made the basis for determining whether direction shall be given ves^lis """c n^ that the steamship line by which deportation is to be cerning; effected shall be called upon to submit to the Department returns covering the ocean voyage and delivery of the alien to the transoceanic port, and foreign land trip and delivery of alien at final destination, in accordance with paragraph (c) hereof. j^DeUvery of (c) If the Department indicates in issuing its warrant turns; ° ^^' oi deportation that, in its opinion, the mental or physical condition of the alien is such as to require particular care and attention during the ocean voyage and foreign land trip, the commissioner or inspector in charge shall, when delivering the alien to the master or first or second officer of the steamship by which the return of the alien is to be made, place in the hands of such officer a statement of particulars (Form No. 597) and blank receipt and blank returns attached thereto (lettered, respectively, "A," " B," "_C," and " D "), the receipt (" B ") to be immediately signed by such steamship officer and returned to the officer delivering the alien, and the blank returns (" C " and " D ") to be filled out in due course by appropriate officials of the steamship line and mailed to the commis- sioner or inspector in charge at the port of deportation, in accordance with instructions given in the statement of particulars. Preparation (d) In preparing the statement of particulars, care o returns; ^j|j ^^ exercised to furnish exact and full information of the character indicated by the language and blank spaces of the form. The number of the departmental warrant in cases of deportation, and the file number of the correspondence in cases of return, shall be inserted by the immigration employee charged with the duty of fill- ing out the blanks in the appropriate space at the top of each sheet ("A," " B," " C,^' and " D ") of the blank. Sheets "A" and " B " will be completely filled out (except simature) by such immigration employee; and sheets " C " and " D " will be left blank, except for the careful insertion of the number, it being intended that the steam- ship officials shall fill out such sheets. Both the original and the carbon copy of sheets " B," " C," and " D " will be delivered to the master or first or second officer of the vessel in whose charge the alien is placed; but of Sheet "A" only the original will be so delivered, the carbon copy being retained in the records of the immigration station. EULES RELATING TO TRANSIT. 63 (e) The commissioner of immigration or inspector in Deportation: charge by ^vhom the statements of particulars are de- return!,'' °^ "' livered to steamship masters shall see that in due course the returns, properly and completely filled out, are mailed to him. Any failure on the part of steamship companies so to do, as well as any circumstance, or any- thing contained in the returns, indicating failure upon the part of the officials of a vessel to accord proper care and attention to a deported alien and to deliver him into proper custody at his final destination, shall be reported to the Department fully and in detail. EuLE 38. Deportation, where to. — The deportation of To be to aliens as prescribed in Rules 30 to 36 hereof shall be to the ^ortf"''^''"''' foreign trans- Atlantic or trans-Pacific port from which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such contiguous territory. (Sec. 35.) Rule 39. Deportation Tjy consent. — Any alien who haSj,jjO|,' public been lawfully landed, but who has become a public charge subsequently from subsequently arising physical inability to earn a '''''^'"s causes ; living, may, by consent of the alien and with the approval of the Bureau of Immigration and Naturalization, be de- ported within one year from date of landing at the ex- pense of the immigrant fund : Pro vided, That such alien Expense, is delivered to the immigration officers at a designated ^^"^ ^orne. port free of charge ; and the charges incurred for the care and treatment of any such alien in any public or chari- table institution from the date of notification to an officer of the Bureau until the expiration of one year after land- ing may be paid from the immigrant fund at fixed rates agreed upon. RULES BELATING TO TRANSIT. . Rule 40. Aliens in transit. — Every alien seeking a Transits: landing for the purpose of proceeding directly through to_ be exam- the United States to a foreign country shall be examined, °^ ' and, if found to be a member of any one of the excluded classes, 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 ^j^cases^exc^- entail exceptional hardship may be reported to the Secre- ship to be re- tary for a special ruling. ported. Rule 41. Aliens in transit, head tax for. — (a) ^^ j^^^^^^^^s- alien desiring admission at a port of the United States ited on account for the professed purpose of proceeding directly there-"'' from to foreign territory shall be permitted to land thereat except after deposit with the collector of cus- toms at said port, by the master or owner of the vessel or by a representative of any other mode of transpor- tation by which such alien is brought, of the amount of the head tax (four dollars) prescribed by section 64 MISCEIiLANEOUS EXILES. TrsMitij I of ti^e Immigration Act, said amount to be refunded be^efund" o'n "P^"^ proof satisfactory to the immigration officer in p r o f_ of de- charge at the port of arrival that said alien has passed parture; ^^ direct and continuous journey through and out of the United States within thirty days from the date of ad- mission, proof of such departure to be furnished within To be cover- sixty days from the date of admission. Special deposits S^y'at" exp1ra>f ^ead tax on accoimt of aliens in transit will, at the dl"s" °* 6 expiration of sixty days from the date of admission, be *How then covered into the Treasury as head tax, the cases in which refundable; proof of departure is received after the expiration _ of such period to be reported to the Bureau of Immigration and Naturalization for special authorization, under the provision incorporated in the legislative, executive, and judicial appropriation act approved February 3, 1905. Special sys- (5) All aliens of the taxable class desiring to proceed ing and refu^nd- in transit through the United States from the Dominion tran'site iTo'm ^^ Canada shall be required to furnish to the examining Canadian t e r- officer or officers guaranty of payment of head tax de- ■"""■^^ ' scribed in paragraph (k) of Rule 25 of these regulations. If admissible, aliens claiming to be in transit will be given certificate Form 523, providing for refund of head tax upon such certificate being properly indorsed by the alien and by the purser of the outgoing trans- Atlantic or trans-Pacific steamship upon which the holder of said certificate may depart from the United States ; or, if the alien be passing in transit through the United States from one point in Canada to another point in Canada, then such indorsement to be made by the conductor of the train upon which the holder of the certificate departs from the United States. On those ar- (c) Refund of head tax will be made on aliens of the dian'seaport"? taxable class, arriving at Atlantic or Pacific ports of Canada ^nd desiring to proceed immediately in transit through the United States, to the transportation line re- sponsible for payment of head tax on such aliens, upon proof satisfactory to the United States commissioner of immigration for Canada that said aliens have passed by direct and continuous journey through and out of the United States within the time limit specified in this rule. Entering and (^d) Even though an alien, being a " transit passenger," s a Ve "port— enters and leaves the United States at the same port tax"on account ^^^ provisions of this rule shall be applied to his case to of; the same extent, and in the same manner so far as neces- sary, as though such alien entered at one port and de- parted through another. In the cases of those entering across the Canadian border as transient visitors, however, Form No. 569 will be used instead of Form No. 523, under the procedure laid down in paragraph (6) hereof, tourlsts'^dft- ^^^ '■'^ class of "transit passengers ' which requires,^ ferent practice somewhat different treatment in practice than " transits " applying to ; ^^ ordinarily understood and " transient visitors," whose cases are covered by the preceding paragraphs hereof, MISCELLANEOUS EULES. 65 consists of aliens visiting the United States as tourists, T"nsit«! on pleasure or business. With regard to such class, no payraent or deposit of head tax need be required, if the immigration officers at the port of entry are satisfied that it is the bona fide intent of the passenger merely to visit or tour the United States. For instance, when an alien is in possession of first-class round trip or through trans- portation, or other circumstances are present, indicating with reasonable certainty that the passenger is a tourist, deposit should not be required ; if doubt exists, he diould be classed as a " transit " or " transient visitor." MISCELLANEOUS RULES. Rule 42. Cattlemen. — It is ordered that all cattlemen returning to ports within the United States holding cer- ^j tificates duly signed by a commissioner of immigration or an immigrant mspector shall be entitled, upon identifi- cation, to admission into the United States without fur- ther examination by the immigration officers, to whom said certificate must be presented and surrendered, which certificate must be as follows : Cattlemen ; AdmlssloiK Form 567. [Stub.] No Port of Date , 190.. JSame Age Native of Employed by Of A cattleman sailing on the cteamshin Surrendered at the port of ,190.. Height Weight Color of hair Color of eyes General remarks Signature of cattle nan: Odtlemen's certificate of admission. Department op Co.mmerce and Labor, Immigration Service. No Port of , , 190.. This is to certify that a native of age , who is duly accredited an employee of sailing on the steamship , 190- . , is a cattleman from the port of United States of America. The holder of this certificate will be per- mitted to enter the United State-^ as a return- ing cattleman on presentation of this certifi- cate and proper identification by the immi- gration inspector. Height Weight - Color of hair Color of eyes General remarks Form of cer- tificate for. Commimover of Immigration. Note.— This certifloate must be furnished by the commissioner of immigration, or immigrant inspector, to the steamship company at the port of (iepnrture. The ceniflcate will be filled in by the tjniiel Srates officer and delivered to the captain of the ve'isel upon which the cattleman sails, who in turn will deliver the paper to the person in whose name it is issued, at the foreign port of de"tinaiion, to enable the cattleman to return Anyalteration orerasureofthiscertiHcate ren- ders it void.'and if it is presented by any person other than its rightful owner it will be taken up and the holder subjected to the inspection required by law. 53388—08- 66 MISCELLANEOUS RULES. Immigration RxiLE 43. Administration of oaths. — The authority to * 2dministra- administer oaths conferred upon immigration officials tion of oaths by section 24 of the Immigration Act is limited to mat- "''• ters " touching the right of any alien to enter the United States." When, therefore, such officials are detailed to investigate frauds or attempts to defraud the Government, or any irregularity or misconduct of any officer or agent of the United States, section 183 of the Eevised Statutes should be relied upon for authority to administer oaths to witnesses. Posting laws : Rtjle 44. Posting of immigration acts. — The certificate Fiiinfcer- required by section 8 of the act of Congress approved "^ * ° • March 3, 1893, that copies of the immigration acts have been duly posted, shall be filed with the Secretary of Commerce and Labor upon the first days of January and July of each year, offlciai com- Rule 45. Official communications. — Officers employed "to"* be™ sent ^^ *^® administration of the immigration and Chinese- through official exclusion laws are notified that all communications to the channels. Department upon official matters must be addressed to the Commissioner-General of Immigration or to the Secre- tary of Commerce and Labor through official channels. Telegraphing: Rule 46. Telegraphing. — ^With the object of reducing Code for. the expense of telegraphing in connection with the official business of the Immigration Service, the telegraphic code provided by the Bureau of Immigration and Naturaliza- tion will be employed to the fullest extent possible. rniforms: Rule 47. Uniforms. — It is hereby ordered that inspec- offlcera r e - tion officers and employees of the Immigration Service quire °"'^^'^' g^gtioned at ports or places of entry into the United State and elsewhere shall, while on duty, unless other- wise specially directed in writing, wear uniforms desig- nated by the Bureau of Immigration and Naturalization, said uniforms to be purchased by the said inspectors and employees. concCTnhig— "^^ (^) Unitokm SUITS: Uniform suits will be made of Suits- dark blue cloth. The following are the prescribed styles: Suits for inspectors and assistant inspectors — Goats. — Double-breasted sack, four buttons on each side, ends cut square. Two lower outside pockets, one on upper left side and small ticket pocket on right side. All outside pockets to have flaps, except upper left-hand pocket. Two inside pockets. All pockets to be of liberal size. Vests. — Single-breasted, six buttons, collar. Four pock- ets without flaps. Bone buttons. browsers.— Plain, with side pockets, two hip pockets, and watch pocket. No stripe. Band back and tcant on inside at bottom. Suits for all other officials. — Same as above, except that coat shall be single-breasted instead of double-breasted. Button»; (J) BUTTONS : The bone buttons upon suits will be of a special pattern designed to fit brass button shells (de- tachable) which must be affixed and worn in all cases MISCELLANEOUS EULES. 67 while on duty. Button shells will be forwarded without fii'orms: cost upon application to the Bureau. ^^^^1 ' E'^"!?''* (c) Caps: Contract has been made for uniform caps, ^ which must be paid for by the employees, the cost per cap being two dollars. If money order for this sum is for- warded to the Bureau, through official channels, full name and title of employee and size of cap wanted being stated, the same will be ordered sent direct to purchaser, express charges collect. The winter cap is made of blue cloth and the summer cap of black silk. Unless otherwise speci- fied, BLUE CLOTH Cap will be furnished. (a) Cap Insignia: Caps will be provided with appro- capinaignia; priate insignia and lettering without charge to employees, but orders must be placed through the Bureau in every instance. (e) Collar Insignia : Inspectors in charge of stations, Coiiar insig- or of the various divisions at the principal ports of ° ^ ' entry, will be designated by an appropriate legend worn on both sides of the front -of the coat collar. These legends will be worked in gold letters upon blue cloth, and may be obtained free of cost upon application to the Bureau. The cloth strips will be attached to coat collars with hooks and eyes, so that they may readily be removed. (/) Service Insignia: Immigrant and Chinese in- ^jSfrvice insig- spectors one year in the service may be designated by a strip of gold braid upon the top of the cuff of the left coat sleeve 2 inches from the bottom of the sleeve and extend- ing halfway around it. An additional strip may be added one-fourth inch higher than its predecessor for each year's completed service up to five years, when a small gold star may be worn in lieu of the braid, which should then be removed. For each year from five to nine, in- clusive, a strip of gold braid may be added. Ten years' continuous service may be indicated by two stars, and so on. The equipments needed to comply with this require- ment can be secured without charge upon application to the Bureau, the full name and exact service of the em- ployee being stated. Insignia is issued to inspectors only. The length of service is reckoned from the date of original appointment as inspector, and must not include prior serv- ice in other capacities. In making request for insignia, give date of original appointment as inspector, or if at present wearing insignia, describe same and give date on , which the last prior addition thereto was received from the Bureau. iff) Seasons: The time of changing from one weight Seasons; of uniform to another will be governed by the change of seasons at the various stations of employees. Officers stationed in Hawaii and Porto Rico may wear white duck uniforms and caps, insignia for the latter to be procured free of cost upon application to the Bureau. 68 STATISTICAL KTJLES. Unlf onnB : Light-weight uniforms ; Inspections ; (h) Light-Weight Uniitorms: Officers and employees con?emtoi— "" ^ Stationed at places where the climate is too warm to admit of comfort in wearing the regular summer uniform may have their uniforms made of light material suited to the locality, subject to the stipulation that the color and style shall conform to the requirements of paragraph (a) hereof. The special buttons required to fit brass shells may be procured from the Bureau. {i) Inspections: Commissioners of immigration and inspectors in charge will make reports to the Bureau on the first days of January and July regarding the condi- tion of each part of the uniform of every employee under their respective jurisdictions, each portion of every uni- form being graded as excellent, good, fair, or bad, as the case may be. Form 596 will be used in making these reports, and if any reports showing the condition to be " bad " is made, the steps that have been taken to correct this condition should be noted, ap- (j) New Appointees: Officers having charge of immi- gration stations, districts, or ports will require employees newly appointed and ordered to report to them for duty to provide themselves with standard uniforms within thirty days from the date of assignment to duty, and will see that the full uniform is worn by all employees, as herein provided. New pointees. STATISTICAL RULES. Manifests re- quired bf lair: All passen- Rers incoming ; Aliens In- coming ; Aliens u t - going ; Aliens from Insular posses- sions : Blanks for, furnished b y Department. Rule I. (a) The passenger act, approved August 2, 1882 (22 Stat., 186), and the act amendatory thereof, approved February 9, 1905 (33 Stat., pt. 1, p. 711), re- quire that masters of vessels shall deliver to collectors of customs at United States ports lists or manifests of all passengers arriving from foreign ports. (b) By section 12 of the Immigration Act, approved Feljruary 20, 1907, masters of vessels are required to de- liver manifests of aliens arriving in the ITnited States to immigration officers in charge at port of arrival, and manifests of aliens departing from the United States to collector of customs at port of departure. The said act also requires that manifests of aliens sailing from the Philippine Islands, Guam, Porto Eico, and Hawaii for any port of the United States on the North American Continent shall be delivered to the immigration officers- at such continental port of arrival. (c) Blank forms for use in the preparation of mani- fests are furnished by the Department, the numbers em- ployed for the above-mentioned purposes, respectively, being: For all passengers incoming. Form 1440; for aliens incoming. Forms 500, 500-A, and 50ft-B ; for aliens outgoing, Forms 628, 628-A, and 628-B; and for aliens from insular possessions. Form 629. STATISTICAL BULES. 69 EirLE II. (a) Collectors of customs shall prepare from^^^|»''™J^^^"- the passenger lists (Form 1440) which are in their cus- m" emellt f °^" tody a monthly statement showing, by sex, the total num- Duties of ber of United States citizens and total number of passen- ceinin'gf '^''"' gers arriving each month, and deliver such statement to the immigration ofBcer in charge at the port of entry. (7;) Collectors should exercise such supervision over the preparation of passenger lists as lies within their power, and should provide facilities for the examination of said lists by immigration officers with a view to pre- vent or to correct errors therein. Rule III. (a) Immigration officers are directed to pre- Duties of im- pare from statements furnished by collectors and f rom Srs'^**'eoncern'- data taken from inward alien manifests (Forms 500, '°s- 500-A, and 500-B) monthly reports on Form 619, show- ing (1) total number of immigrant aliens admitted, by sex; (2) total number of nonimmigrant aliens admitted, by sex; (3) total number of United States citizens ar- rived, by sex; (4) total number aliens debarred, by sex. (b) In preparing this information from two sources, one of which is not checked by any Government officer, immigration officials should be watchful for inconsist- encies, especially with regard to the data taken from pas- senger lists, and, when necessary, should examine those lists with a view to avoid or to correct errors. Rule IV. From the manifests of inward-bound alien Alien inward passengers (Forms 500, 500-A, and 500-B) shall be com- Sf^'nt?^" °"'"' piled the following data : Whether immigrant or nonim- ^afa to he migrant alien; age; sex; calling or occupation; whether comp«ed from able to read and whether able to write ; race or people ; TrlTg— ' "'"''" country of last permanent residence; destination (future perma,nent residence) ; amount of money; whether ever before in the United States ; by whom passage was paid ; whether going to join relative or friend, and if so, whom ; w^liether admitted or debarred; if debarred, cause therefor. Rule V. The above information shall be transferred m a n n e r of to monthly statistical reports, that for immigrant aliens''®'""''"'^' admitted to Form 601-606 and 619, inclusive, and that for nonimmigrant, aliens admitted to Form 619, 620, and 651-656, inclusive. Rule VI. Inspectors and other employees should Revision o f familiarize themselves with the character of data re- "^Hng— ' "'"'" quired for statistical purposes, as herein set forth, in ,^^0^^";^ g*„" order that the different items of information may be selves of du- properly checked and revised on the inward alien mani- ^^'■^^p®<= °S' fests (Forms 500, 500-A, and 500-B) during the personal examination of aliens, whether they arrive in the first or second cabin or steerage. After the revision the entries upon manifests should be sufficiently complete to enable statisticians to compile intelligently and accurately there- from the statistical data required. 70 STATISTICAL EULES. pasVenler'Zo"^ T^^^^ VII. Arriving aliens whose permanent residence "ent: has been outside of the United States, and who intend to te^m"'*"*' "'reside permanently in the United States, are classed as ployed in man- immigrant aliens. This includes residents and citizens of t{lt^s""f a'nd foreign contiguous territory. Immigrant aliens admitted ifi^trtKtions re- yj\\\ be reported in statistics on Form 601-606 and 619. ''"^Immigrant RuLE VIII. Alien residents returning from a tcm- aiiens ;" porary trip abroad, and aliens residing abroad, coming to gran? auens"" ^^e United States for a temporary trip, shall be classed as nonimmigrant aliens (except as jDrovided by Rule IX). Inspection officers engaged in revising manifests are di- rected to see that all nonimmigrant aliens are distinctly indicated as such on manifests. Nonimmigrant aliens ad- mitted should be reported on statistical Forms 619, 620, and 651-656. identt'^o" for- Ru^E IX. Aliens who have resided in foreign con- eign CO n 1 1 g; tinguous territory for one year or more and who are com- ory , .^^ ^^ ^^^ United States only for temporary sojourn therein should not be reported as nonimmigrant aliens and should not be recorded in any immigration report. Aliens who have resided in foreign contiguous territory less than one year, who come for temporary sojourn, should be recorded as nonimmigrant aliens. occupation^;"°'^ RuLE X. ( See section 1, act* March 2, 1895, and section 22, act February 20, 1907. ACTS OF 1893. 81 ACT or PEBRXJAaY 15, 1893. AN ACT granting additional quarantine powers and imposing additional duties upon tlie Marine-Hospital Service. Be it enacted hy the Senate and House of Refresenta- twes of the United States of America in Congress assem- bled^ * * ^ Sec. 7. That whenever it shall be shown to the satis- Quarantine: faction of the President that by reason of the existence .President of cholera, or other infections or contagious diseases, in llnlry ^po wfr a foreign country there is serious danger of the introduc- migmt?on'' '™ tion of the same into the United States, and that not- withstanding the quarantine defense this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce the same is demanded, in the interest of the public health, the President shall have power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate and for such period of time as he BEKiy deem necessary. Approved February 15, 1893 (27 Stat., 449). ACT or MARCH 3, 1893. AN ACT to facilitate the enforcement of the immigration and contract-labor laws of the United States. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- bled, * * * Sec. 8. That all steamship or transportation companies, certucates: and other owners of vessels, regularly engaged in trans- Required of porting alien immigrants to the United States, shall twice pLS^'re'po"- a year file a certificate with the Secretary of Commerce J^s^.^^a w^s^^l^ and Labor that they have furnished to be kept conspicu- ously exposed to view in the ofSce of each of their agents in foreign countries authorized to sell emigrant tickets, a copy of the law of March third, eighteen hundred and ninety-one, and of all subsequent laws of this country relative to iih'migration, printed in large letters, in the language of the conntty where the copy of the law is to be exposed to view, and that they have instructed their agfeiits to call the attention thereto of persons contem- plating emigration before selling tickets to thetti; and in case of the failure for sixty days of any such company ot^^ Penalty for any such owners to file steh a certificate, or in case they file a false certificate, they shall pay a fine of not exceed- ing five hundred ddlars, to be recovered in the proper United States court, and said fine shall also be a lien upon any vessel of said company or owners found within the United States." ***** Approved March 3, 1893 (27 Stat., 569). " See Rule 44 for time of filing; f;:-{.qRS— OS 6 82 ACTS OF 1894, 1895, AKD 1900. ACT or ATTGtrST 18, 1894. AN ACT making approjiriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- iled, * * * commissionerB Xhe Commissioners of immigration at the several ports "Tlnt'eTr s^^ll be appointed by the President, by and with the President.^ ^ advicB and consent of the Senate, to hold their olfices for the term of four years, unless sooner removed, and until their successors are appointed ; and nominations for such offices shall be made to the Senate by the President as soon as practicable after the passage of this act." Approved August 18, 1894 (28 Stat., 372). ACT OF MARCH 2, 1895. AN ACT making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-six, and for other purposes. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- bled, * * * BUEEATJ or IMMIGRATION. Commissioner- That the Superintendent of Immigration shall here- °^'.\', after be designated as Commissioner-General of Inami- T i 1 1 ft crfi- • ated; gration, and, in addition to his other duties, shall have tim^contract- charge, under the Secretary of Commerce and Labor, of labor laws the administration of the alien contract-labor laws, etc.* placed under ; ' Approved March 2, 1895 (28 Stat., 764). ACT or JUNE 6, 1900. AN ACT making appropriations for sundry civil' expenses of the Government for the fiscal year ending June thirtieth, nineteen •hundred and one, and for other purposes. Be it enacted hy the Senate and House of Representor tives of the United States df America in Congress assem- hJed, * * * and hereafter the Commissioner-General cii?sfon°Ta w^s °^ Immigration, in addition to his other duties, shall have piac^ under, charge of the administration of the Chinese-exclusion law and of the various acts regulating immigration into the United States, its Territories, and the District of Co- lumbia, under the supervision and direction of the Secre- tary of Commerce and Labor. Approved June 6, 1900 (31 Stat., 611). " See section 7, act March 3, 1891, and section 22, act February 20, 1907. ! hlbitors at. ACTS OF 1902 AND 1905. 83 ACT OP APRIL 29, 1902. AN ACT to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under ' its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- Med, * * * Sec. 3. That nothing in the provisions of this Act or Fairs and ex- any other Act shall be construed to prevent, hinder, or''*'i *™' , J. • i j; • i,-i_-i J. J.- -J.- Exceptions restrict any loreign exhibitor, representative, or citizen in favor of ex- 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, na- tives of their respective foreign 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 authorized or permitted under or by virtue of or pertain- ing to any concession or privilege which may have been or may be granted by any said fair or exposition in con- nection with such exposition, under such rules and regu- lations as the Secretary of Commerce and Labor may prescribe, both as to the admission and return of such person or persons. # « « H: ^ Approved April 29, 1902 (32 Stat., part 1, p. 176). ACT OP PEBRUABY 3, 1905. AX ACT making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- Ued, * * * BUREAU OF IMMIGRATION. ***** Provided, That the Commissioner-General of Immigra- Head tax: tion, with the approval of the Secretary of Commerce and^Rcf u^nd^of. Labor, shall have power to refund head tax heretofore ousiy collected. and hereafter collected under section one of the immigra- tion Act approved March third, nineteen hundred and three, upon presentation of evidence showing conclusively that such collection was erroneously made." Approved February 3, 1906 (33 Stat., part 1, p. 631). o See Rules 1 and 41. 84 ACTS OF 1905 AND 1906. ACT OF FEBRUABY 6, 1905. AN ACT to amend an Act approved July first, nineteen hundred and two, entitled "An Act temporarily to provide for the admin- istration of the affairs of civil government In the Philippine Islands, and for other purposes, and to amend an Act approved March eighth, nineteen hundred and two, entitled "An Act tem- porarily to provide revenue for the Philippine Islands, and for other purposes," and to amend an Act approved March second, nineteen hundred and three, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," and to provide for the more efficient ad- ministration of civil government in the Philippine Islands, and for other purposes. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- ulsd * * ^ lan^ds"""""" *'■ Sec. 6. That the immigration laws of the United States Enforce- ^'^ force in the Philippine Islands shall be administered meut immi-by the officers of the general goverriment thereof desig- there'in; ^ ^ ^ nated by appropriate legislation of said government, and heaS^tax'* "there" ^^^ moneys Collected under said laws as duty or head tax 'n- 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 into the treasury of said islands to be used and expended for the government and benefit of said islands. ***** Approved February 6, 1905 (33 Stat., 689). ^ ACT OF MARCH 3, 1905. AN ACT making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- bled, * * * Subscriptions: Provided, That the annual subscriptions for publica- To be paid in tions for use in the immigration service at large may be a vance. -g^iidi in advance. Approved March 8, 1905 (33 Stat., part 1, p. 1156). ACT OF JUNE 29, 1906. AN ACT to establish a Bureau of Immigration and Naturaliza- tion, and to provide for a uniform rule for the naturalization of aliens throughout the United States. _ Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- migr"aTon°' "■"■ ^^^^' ^^^^ *^^ designation of the Bureau of Immigra- Titie changed ^^°^ ^^ *^^ Department of Commerce and Labor is hereby to Bureau of changed to the " Bureau of Immigration and Naturaliza- J^d^Naturaiiza" tion," which Said Bureau, under the direction and control «»»• of the Secretary of Commerce and Labor, in addition to ACT OF MARCH 2, 1907. 85 the duties now provided by law, shall have charge of all matters concerning the 'naturalization of aliens. That it shall be the duty of the said Bureau to provide, for use at the various immigration stations throughout the United States, books of record, wherein the commissioners of im- migration shall cause a registry to be made in the case of each alien arriving in the United States from and after the passage of this Act of the name, age, occupation, per- sonal description (including height, complexion, color of hair and eyes), the place of birth, the last residence, the intended place of residence in the United States, and the date of arrival of said alien, and, if entered through a port, the name of the vessel in which he comes. And it shall be the duty of said commissioners of immigration to cause to be granted to such alien a certificate of such registry, with the particulars thereof." Approved June 29, 1906 (34 Stat., part 1, p. 596). ACT or MARCH 2, 1907. AN ACT in reference to the expatrintion of citizens and tlieir protection abroad. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That the Secretary of State shall be authorized, in his discretion, to issue passports to persons not citi- zens 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 resided in the United States for three years 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 re- newed, and that such passport shall not entitle the holder to the protection of this Government 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 expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that "he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however. That such pre- sumption may be overcome on the presentation of satis- factory evidence to a diplomatic or consular officer of the o For naturalization laws and regulations drawn thereunder, see pamphlet entitled " Naturalization Laws and Regulations." Passports : When Issued to persons not citizens ; Not valid in country of alien's former domicile. Expatriation : How effected : How pre- sumption over- come. 86 ACT OF MABCH 2, IQC?. United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. MsrrUge: Sec. 3. That any American woman who marries a How affects foreigner shall take the nationality of her husband. At ^n"VarryTng the termination of the marital relation she may resume foreigner; j^gj. American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termina- tion of the marital relation, by continuing to reside therein. Of foreign Sec. 4. That any foreign woman who acquires Amer- tag°Ame™canf ican citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue to reside 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 retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation. Minor chii- Sbc. 5. That a child born without the United States of 'fi^rn ut ^^^^^ parents shall be deemed a citizen of the United side United States by virtue of the naturalization of or resumption litizenship' *r^- of American citizenship by the parent: Provided, That sumed, and such naturalization or resumption takes place during the feet." ^ ^ " 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. toni" "^ citizen" ®^^' ^' '^^^*' ^^ children born outside the limits of the under sec. United States who are citizens thereof in accordance with issumbtfon^iitlie provisions of section nineteen hundred and ninety- dtizenship by. three of the Eevised 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 re- quired upon reaching the age of eighteen years to record at an American consulate their intention to become resi- dents 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. ETidencfl! Qec. 7. That duplicates of any evidence, registration, with state°De^or "^her acts required by this Act shall be filed with the partment. Department of State for record. Approved March 2, 1907. o Sec. 1993, Revised Statutes, reads as follows : "All children heretofore born or hereafter born out of the limits and jurisdic- tion 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." o