DEPORTATION; PROCEDURE; ALIEN CHILDREN UNDER AGE OF SIXTEEN YEARS SEC. 14. Any alien who at any time after entering the United States is found to have been at the time of entry not entitled under this Act to enter the United States, or to have remained therein for a longer time than permitted under this Act or regulations made thereunder, shall be taken into custody and deported in the same manner as provided for in sections 19 and 20 of the Immigration Act of 1917: Provided, That the Attorney General may, under such conditions and restriction as to support and care as he may deem necessary, permit permanently to remain in the United States, any alien child who, when under 16 years of age was heretofore temporarily admitted to the United States and who is now within the United States and either of whose parents is a citizen of the United States.22 (43 Stat. 162; 8 U. S. Č. 214.) MAINTENANCE OF EXEMPT STATUS (ADMISSION OF PERSONS EXCEPTED FROM DEFINITION OF IMMIGRANT AND NONQUOTA IMMIGRANT) SEC. 15. The admission to the United States of an alien excepted from the class of immigrants by clause (1), (2), (3), (4), (5), or (6) of section 3, or declared to be a nonquota immigrant by subdivision (e) of section 4, shall be for such time and under such conditions as may be by regulations prescribed (including, when deemed necessary for the classes mentioned in clause (2), (3), (4), or (6) of section 3 and subdivision (e) of section 4,2 the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) 25 to insure that, at the expiration of such time or upon failure to maintain the status under which admitted, he will depart from the United States: Provided, That no alien who has been, or who may hereafter be, admitted into the United States under clause (1) of section 3, as an official of a foreign government, or as a member of the family of such official, shall be required to depart from the United States without the approval of the Secretary of State. (43 Stat. 162-3; 47 Stat. 524-5; 54 Stat. 711; 8 U. S. C. 215.) UNLAWFUL BRINGING OF ALIEN INTO UNITED STATES BY WATER; PENALTY; AMOUNT; CLEARANCE TO VESSELS; REMISSION OR REFUNDMENT SEO. 16. (a) It shall be unlawful for any person, including any transportation company, or the owner, master, agent, charterer, or For other provisions covering deportation of aliens see sec. 3, Act of May 14, 1937 (50 Stat. 165; 8 U. S. C. 213 (a)), p. 103. For deportation of agricultural laborers admitted under the Act of Feb. 14, 1944 (Pub. Law 229), see p. 127. 23 Act of July 1, 1940 (54 Stat. 711; 8 U. S. C. 215). Section 15 of the Act of May 26, 1924 (43 Stat. 162), originally read in part as follows: "The admission to the United States of an alien excepted from the class of immigrants by clause (2), " This was amended by the Act of July 1, 1932 (47 Stat. 524-525; 8 U. S. C. 215), to read: "The admission to the United States of an alien excepted from the class of immigrants by clause (1) (except a Government official and his family), (2), For additional cause for deportation of an alien under this section, see sec. 3. Act of May 14, 1937 (50 Stat. 165; 8 U. S. C. 213 (a)), p. 103. Act of July 1, 1932 (47 Stat. 524-525 8 U. S. C. 215), Inserted the words "and subdivision (e) of section 4", into section 15, Act of May 26, 1924 (43 Stat. 162). 25 The Act of Feb. 14, 1944 (58 Stat. 104) p. 127, provides that in the case of agricultural laborers admitted under that Act such alien shall be admitted for such time and under such conditions (but not including the exaction of bond to insure ultimate departure from the United States) as may be required by regulations prescribed. 20 Act of July 1, 1940 (54 Stat. 711; 8 U. S. Č. 215), added the proviso to section 15, Act of May 26, 1924 (43 Stat. 162). consignee of any vessel, to bring to the United States by water from any place outside thereof (other than foreign contiguous territory) (1) any immigrant who does not have an unexpired immigration visa, or (2) any quota immigrant having an immigration visa the visa in which specifies him as a non-quota immigrant. (b) If it appears to the satisfaction of the Attorney General that any immigrant has been so brought, such person, or transportation company, or the master, agent, owner, charterer, 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 $1,000 for each immigrant so brought, and in addition a sum equal to that paid by such immigrant for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter sum to be delivered by the collector of customs to the immigrant on whose account assessed. No vessel shall be granted clearance pending the determination of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs. (c) Such sums shall not be remitted or refunded, unless it appears to the satisfaction of the Attorney General that such person, and the owner, master, agent, charterer, and consignee of the vessel, prior to the departure of the vessel from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, (1) that the individual transported was an immigrant, if the fine was imposed for bringing an immigrant without an unexpired immigration visa, or (2) that the individual transported was a quota immigrant, if the fine was imposed for bringing a quota immigrant the visa in whose immigration visa specified him as being a non-quota immigrant. (4 Stat. 163; 8 U. S. C. 216 (a)-216 (c).) ENTRY FROM FOREIGN CONTIGUOUS TERRITORY (CONTRACTS WITH TRANSPORTATION LINES; RULES AND REGULATIONS; ENTRY FROM CONTIGUOUS TERRITORY) SEO. 17. The Commissioner of Immigration and Naturalization, with the approval of the Attorney General, shall have power to enter into contracts with transportation lines for the entry and inspection of aliens coming to the United States from or through foreign contiguous territory. In prescribing rules and regulations and making contracts for the entry and inspection of aliens applying for admission from or through foreign contiguous territory due care shall be exercised to avoid any discriminatory action in favor of transportation companies transporting to such territory aliens destined to the United States, and all such transportation companies shall be required, as a condition precedent to the inspection or examination under such rules and contracts at the ports of such contiguous territory of aliens brought thereto by them, to submit to and comply with all the requirements of this Act which would apply were they bringing such aliens directly to ports of 56870044 the United States. After this section takes effect no alien applying for admission from or through foreign contiguous territory (except an alien previously lawfully admitted to the United States who is returning from a temporary visit to such territory) shall be permitted to enter the United States unless upon proving that he was brought to such territory by a transportation company which had submitted to and complied with all the requirements of this Act, or that he entered, or has resided in, such territory more than two years prior to the time of his application for admission to the United States. (43 Stat. 163-164; 8 U. S. C. 217.) UNUSED IMMIGRATION VISAS (ADDITIONAL ONES NOT TO ISSUE IN LIEU OF UNUSED IMMIGRATION VISAS) SEC. 18. If a quota immigrant of any nationality having an immigration visa is excluded from admission to the United States under the immigration laws and deported, or does not apply for admission to the United States before the expiration of the validity of the immigration visa, or if an alien of any nationality having an immigration visa issued to him as a quota immigrant is found not to be a quota immigrant, no additional immigration visa shall be issued in lieu thereof to any other immigrant. (43 Stat. 164; 8 U.S. C. 218.) ALIEN SEAMEN; LANDING OF EXCLUDED SEAMEN PROHIBITED; TEMPORARY LANDING SEO. 19. No alien seaman excluded from admission into the United States under the immigration laws and employed on board any vessel arriving in the United States from any place outside thereof, shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure, removal, or deportation of such alien from the United States. (43 Stat. 164; 8 U. S. C. 166.) DETENTION OF SEAMEN ON BOARD VESSELS UNTIL AFTER INSPECTION; DETENTION OR DEPORTATION; PENALTY; CLEARANCE TO VESSELS SEC. 20. (a) The owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof who fails to detain on board any alien seaman employed on such vessel until the immigration and naturalization officer in charge at the port of arrival has inspected such seaman (which inspection in all cases shall include a personal physical examination by the medical examiners), or who fails to detain such seaman on board after such inspection or to deport such seaman if required by such immigration and naturalization officer or the Attorney General to do so, shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for each alien seaman in respect of whom such failure occurs. No vessel shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs. PRIMA FACIE EVIDENCE OF FAILURE TO DETAIN OR DEPORT (b) Proof that an alien seaman did not appear upon the outgoing manifest of the vessel on which he arrived in the United States from any place outside thereof, or that he was reported by the master of such vessel as a deserter, shall be prima facie evidence of a failure to detain or deport after requirement by the immigration and naturalization officer or the Attorney General. DEPORTATION; PROCEDURE (SECTION 32 OF THE IMMIGRATION ACT OF 1917 REPEALED, ETC.) (c) If the Attorney General finds that deportation of the alien seaman on the vessel on which he arrived would cause undue hardship to such seaman he may cause him to be deported on another vessel at the expense of the vessel on which he arrived, and such vessel shall not be granted clearance until such expense has been paid or its payment guaranteed to the satisfaction of the Attorney General. (d) Section 32 of the Immigration Act of 1917 is repealed, but shall remain in force as to all vessels, their owners, agents, consignees, and masters, and as to all seamen, arriving in the United States prior to the enactment of this Act. (43 Stat. 164-165; 8 U.S. C. 167 (a)-167 (c).) PREPARATION OF DOCUMENTS (REENTRY PERMITS; PRINTING, AND DISTRIBUTION) SEO. 21. (a) Permits issued under section 10 shall be printed on distinctive safety paper and shall be prepared and issued under regulations prescribed under this Act. BLANK FORMS OF MANIFESTS AND CREW LISTS (b) The Public Printer is authorized to print for sale to the public by the Superintendent of Public Documents, upon prepayment, additional copies of blank forms of manifests and crew lists to be prescribed by the Attorney General pursuant to the provisions of sections 12, 13, 14, and 36 of the Immigration Act of 1917. (43 Stat. 165; 8 U. S. C. 219, 179.) OFFENSES IN CONNECTION WITH DOCUMENTS; FORGING, COUNTERFEITING, ETC., IMMIGRATION VISAS OR PERMITS; PENALTY SEC. 22. (a) Any person who knowingly (1) forges, counterfeits, alters, or falsely makes any immigration visa or permit, or (2) utters, uses, attempts to use, possesses, obtains, accepts, or receives any immigration visa or permit, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or who, except under direction of the Attorney General or other proper officer, knowingly (3) possesses any blank permit, (4) engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, (5) makes any print, photograph, or impression in the likeness of any immigration visa or permit, or (6) has in his possession a distinctive paper which has been adopted by the Attorney General for the printing of immigration visas or permits, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both. FALSE PERSONation of anoTHER PERSON; USING ASSUMED OR FICTITIOUS NAME; UNLAWFUL SALE, etc., of vISA OR PERMIT; PENALTY (b) Any individual who (1) when applying for an immigration visa or permit, or for admission to the United States, personates another or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name, or (2) sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, an immigration visa or permit, to any person not authorized by law to receive such document, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both. FALSE STATEMENTS; PENALTY (c) Whoever knowingly makes under oath any false statement in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both. (43 Stat. 165; 8 U. S. C. 220 (a)–220 (c).) BURDEN OF PROOF UPON ALIEN AS TO ENTRY OR IN DEPORTATION PROCEEDINGS SEC. 23. Whenever any alien attempts to enter the United States the burden of proof shall be upon such alien to establish that he is not subject to exclusion under any provision of the immigration laws; and in any deportation proceeding against any alien the burden of proof shall be upon such alien to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigration visa, if any, or of other documents concerning such entry, in the custody of the Department of Justice. (43 Stat. 165-166; 8 U. S. C. 221.) RULES AND REGULATIONS SEC. 24. The Commissioner of Immigration and Naturalization, with the approval of the Attorney General, shall prescribe rules and regulations for the enforcement of the provisions of this Act; but all such rules and regulations, in so far as they relate to the administration of this Act by consular officers, shall be prescribed by the Secretary of State on the recommendation of the Attorney General. (43 Stat. 166; 8 U. S. C. 222.) THIS ACT TO BE IN ADDITION TO OTHER IMMIGRATION LAWS SEC. 25. The provisions of this Act are in addition to and not in substitution for the provisions of the immigration laws, and shall be enforced as a part of such laws, and all the penal or other provisions of such laws, not inapplicable, shall apply to and be enforced in connection with the provisions of this Act. An alien, although admissible under the provisions of this Act, shall not be |