Lapas attēli
PDF
ePub

authorize the alien seaman to remain in the United States for a period more than 90 days after his arrival. Any request for an extension beyond that period shall be referred to the Central Office for decision. No extension of the period of an alien seaman's admission which will permit him to remain in the United States for 30 days or longer shall be granted until he has been registered and fingerprinted in accordance with the applicable provisions of Part 170 of this Chapter.

(c) The period of temporary admission of any seaman admitted for the period of time the vessel on which he arrives remains in the United States shall be deemed to be terminated if such vessel fails to depart to a foreign port or place within 29 days after its arrival at the port where the seaman was admitted, unless an extension of the alien's period of admission beyond 29 days from the date of the arrival of the vessel has been granted.

(d) An alien seaman whose name is not included in the visa of an alien crew list, or who is not in possession of an acceptable passport or document in lieu thereof, may nevertheless be admitted temporarily if otherwise entitled to such admission, if permission of the Secretary of State is obtained.

(e) Where the immigration officer is not satisfied that an alien applying for temporary admission as a bona fide alien seaman is entitled thereto, the immigration officer shall order the owner, charterer, agent, consignee, or master of the vessel on which such seaman arrived to detain him on board and deport him in the manner provided by law.* (Sec. 33, 39 Stat. 896, 8 U. S. C. 168; secs. 3 (5), 14, 15, 20, 43 Stat. 154, 162, 164, 47 Stat. 524, 607, 54 Stat. 711, 8 U. S. C. 203, 214, 215, 167; secs. 32 (c), 37 (a), 54 Stat. 674, 675, 8 U. S. C. 453, 458)

120.22 Medical examination of alien seamen required. All alien seamen arriving in ports of the United States shall be medically examined, as far as practicable, aboard ship each time they arrive. Such examination shall be similar to that made in cases of alien passengers.* (Sec. 16, 39 Stat. 885, sec. 20 (a), 43 Stat. 164; 8 U. S. C. 152, 167 (a))

120.23 Medical examination of alien seamen; by whom conducted; removal of seamen at later port. Physical and mental examination of alien seamen shall be conducted by physicians of the Public Health Service, and, when practicable, immediately upon arrival from a foreign port or place of a vessel at a port of the United States: Provided, That if a vessel so arriving should later, on the same voyage, proceed coastwise, any "afflicted seaman" or alien suspected of being an "afflicted seaman" then aboard, whose disability was not detected upon arrival foreign, may be removed for treatment or observation thereafter upon touching at another port of the United States, in the manner provided for and under the conditions applicable to such cases generally.* (Sec. 16, 39 Stat. 885, sec. 20 (a), 43 Stat. 164, 41 Stat. 1082; 8 U. S. C. 152, 167 (a), 170)

120.24 Medical examination of alien seaman; mandatory exclusion; right of appeal. If any such seaman shall be found, as the result of examination on board or elsewhere, to be afflicted

*For statutory citation, see note to § 120.1.

with any mental defect or physical disease or affection which by operation of the certificate alone places him within any class of aliens mandatorily excluded by section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U. S. Č. 136), he shall be so certified, and shall be allowed to appeal to a board of surgeons, and, in mental cases, to introduce an expert witness of his own choice before such board, if he so desires, the time and place of the convening of the board to be fixed by the medical officer in charge. (Secs. 16, 34, 39 Stat. 885, 896, secs. 19, 20 (t), 43 Stat. 164; 8 U. S. C. 152, 166, 167 (a))

120.25 Medical certificates as to seamen; form; content; to whom delivered. A separate certificate shall be issued by the medical examiner conducting the examination as to each and every "afflicted seaman" or alien seaman suspected of being an "afflicted seaman", which certificate shall conform generally to medical certificates customarily rendered in respect to mentally or physically defective alien applicants for admission or alien applicants suspected of being so defective. These certificates shall in every case of disability, the nature of which is definitely ascertained, state whether the same can likely be cured within 30 days. Certificates rendered in suspected cases will state, when the circumstances permit, the nature of the disability suspected and approximately the period of observation believed necessary to final determination of the nature of the disability. When practicable, medical certificates shall be rendered as soon as examination of the crew is completed and at once delivered to the immigration boarding officer or in his absence to the officer in charge of the port.* (Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 U. S. C. 169, 170)

120.26 Afflicted seamen; treatment; notice of liability to master. An alien afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome or dangerous contagious disease who is employed on board any vessel, including vessels of American registry operating between a port of the United States and a port of a foreign country, shall, upon arrival at the first or subsequent ports in the United States, be detained and treated in a hospital under supervision of the proper immigration official at the expense of the vessel bringing such alien to the United States. In the case of any such vessel carrying passengers where the medical officer certifies that such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel and that the existence of such affliction might have been detected by means of a competent medical examination at such time, the official in charge at the port of arrival shall serve or cause to be served on the owner, agent, consignee, or master of such vessel a notice in writing that liability for the fine imposed by section 35 of the Immigration Act of 1917 (89 Stat. 896; 8 U. S. Č. 169), has been incurred in respect of each alien so certified.* (41 Stat. 1082; 8 U. S. C. 170)

120.27 Afflicted seamen; when landing permitted; when treated at vessel's expense. No seaman afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loath

*For statutory citation, see note to § 120.1.

some contagious or dangerous contagious disease shall be permitted to land permanently in a port of the United States, and a seaman so afflicted shall be permitted to land temporarily only in the event that he is entitled to receive, or the circumstances are such as to require for humane or sanitary reasons that he shall be afforded, treatment in either a public-health or other hospital. (Section 35 of the Immigration Act of 1917, and section 19 of the Immigration Act of 1924, 39 Stat. 896, 43 Stat. 164; 8 U. S. C. 169, 196). If a certificate requiring the vessel to be fined is issued in accordance with section 35 of the Immigration Act of 1917, the seaman shall be detained and treated in a hospital designated by the official in charge "at the expense of the vessel."* (41 Stat. 1082; 8 U. S. C. 170)

120.28 Afflicted seamen; procedure. An "afflicted seaman" or alien seaman suspected of being an "afflicted seaman" arriving foreign and duly certified shall be ordered by the examining immigration officer immediately removed for hospital treatment or observation, as the case may be, which order shall, in the case of an "afflicted seaman" designate the hospital, and in the case of an alien suspected of being an "afflicted seaman" the immigration station or other appropriate place to which removal shall be effected: Provided, That in the event appropriate facilities for treatment or observation, as the case may be, are not available, removal from vessel will not be ordered except in emergency cases so certified by a Public Health surgeon; instead, the examining immigration officer will serve notice on the master, agent, owner, or consignee of the vessel to detain such "afflicted seaman" or alien suspected of being an "afflicted seaman" on board the vessel, and the officer in charge will notify the officer in charge at the first port of call possessing such facilities (if the vessel is proceeding coastwise) of the presence on said vessel of said alien. The latter official will proceed in the manner hereinbefore provided upon the arrival of the vessel at such port of call to have the alien removed for hospital treatment or observation, as the case may require. If the vessel bringing an "afflicted seaman" or alien suspected of being an "afflicted seaman" arrives at a port at which there are no proper facilities for hospitalization or observation, as the case may be, and no arrangements for hospitalization or observation elsewhere are practicable, and such vessel is not proceeding coast wise to a port possessing such proper facilities or is proceeding directly foreign, then the master, agent, owner, or consignee shall be served with notice to detain such "afflicted seaman" or alien suspected of being an "afflicted seaman" safely on board under proper treatment and conditions of segregation or observation until such vessel sails foreign.* (Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 U. S. C. 169, 170)

120.29 When clearance of vessel withheld; procedure. Vessels liable for expenses of hospitalization or observation, and for expenses incident thereto, will not be permitted to clear until all such expenses, including those of burial in the event of death, are paid or satisfactorily guaranteed. Guaranties of payment may be accepted by the officer in charge of the port when submitted in form and by guarantors satisfactory to him. In the event of

*For statutory citation, see note to § 120.1.

the failure of the master, agent, owner, consignee, or other responsible person to pay such expenses, or to furnish such satisfactory guaranty, the officer in charge of the port shall immediately request the collector of customs to withhold clearance. Such requests, if made informally, must be promptly confirmed in writing.* (41 Stat. 1082; 8 U. S. C. 170)

120.30 Afflicted seamen; when discharged from hospital; further procedure. If, prior to the expiration of 30 days (or at any time thereafter, if longer detained at the request of the master, agent, owner, consignee, or proper guarantor), the appropriate surgeon of the Public Health Service certifies that an alien removed for hospitalization or observation is cured, or that his mental and physical condition is such that he can resume his calling without danger to himself or others, the officer in charge shall discharge the alien from the hospital, following which his admissibility shall be determined in the same manner as that of arriving alien seamen generally. If such an alien seaman is found eligible to temporary admission under section 120.21, he may, if the vessel on which he arrived has departed, be granted a period not exceeding 29 days within which to reship. Extensions of such admission may be granted in the same manner as granted to other alien seamen. If such an alien seaman is found not entitled to admission, he shall be detained and his departure enforced at the expense of the vessel on which he arrived.* (41 Stat. 1082; 8 U. S. Č. 170)

120.31 Afflicted seamen; procedure where recovery not certifiable at expiration of 30 days. If the mental or physical condition of an interned alien seaman is such at the expiration of 30 days that he cannot be certified, as provided in § 120.30, then the officer in charge shall return the alien seaman to the vessel on which he arrived, provided said vessel is promptly sailing foreign and a certificate is issued by the Public Health surgeon that the alien can be placed on board and removed by said vessel without danger to his life. If for any reason it is impossible or impracticable to have such an interned seaman promptly returned foreign on board the vessel by which he was brought to the United States, then and in that event he shall be returned foreign on board another vessel of the same line promptly sailing foreign, carrying a ship's surgeon, or if that is impracticable, then such alien shall be returned foreign as a passenger on any passenger vessel carrying a ship's surgeon: Provided, That in every case where such a seaman is returned foreign the master, agent, owner, or consignee of the vessel by which he is returned, or other responsible party, shall furnish a guaranty satisfactory to the appropriate immigration officer that the seaman will receive proper medical treatment and be segregated from members of the crew and passengers, if there be any of the latter, and that every precaution will be employed to prevent the spread of contagion during the ocean voyage, and (if removal is effected by the vessel which brought the alien, or by one of the same line) that the alien will not be returned to the United States by said vessel, or another one of the same line, unless and until cured: Provided further, That if the vessel by which an "afflicted seaman" arrived is not sailing foreign at the expi

*For statutory citation, see note to § 120.1.

ration of 30 days said "afflicted seaman" may be permitted (upon written request of the master, agent, owner, consignee, or other acceptable guarantor promising to assume all expenses involved) to remain in hospital until such ship sails foreign.* (41 Stat. 1082; 8 U. S. C. 170)

120.32 Afflicted seamen; periodic check concerning. All officers in charge will see to it that a careful, systematic, and periodical check is maintained of all hospitalized or observation cases to the end that they shall be promptly and properly disposed of pursuant to law and the terms of the regulations in this Part.* (41 Stat. 1082; 8 U. S. C. 170)

120.33 Violations of Act providing for treatment of alien seamen to be promptly reported. All violations of the Act entitled "An act to provide for the treatment in hospital of diseased alien seamen", approved December 26, 1920 (41 Stat. 1082; 8 U. S. C. 170), coming to the attention of the immigration officers shall be promptly reported to the Central Office.*

120.34 Detention of seamen pending inspection. The owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof shall detain on board such vessel all alien seamen employed thereon pending the inspec tion and examination of such alien seamen by the proper immigra tion and naturalization officials. For the purpose of such inspection and examination, the owner, charterer, agent, consignee, or master of such vessel may be required by such immigration and naturalization official to muster all aliens employed thereon. The failure or refusal of the owner, charterer, agent, consignee, or master of such vessel to detain any such alien seamen on board until such seamen have been inspected and examined shall be deemed a violation of section 20 of the Immigration Act of 1924.* (Sec. 20 (a), 43 Stat. 164; 8 U. S. C. 167 (a))

120.35 Notice to detain or deport alien employee of vessel; verification of departure. Where, for any cause, the immigration and naturalization official in charge of any port of arrival finds that any alien employed on board any vessel arriving in the United States from any place outside thereof should be detained on such vessel or deported, he shall forthwith serve or cause to be served on the owner, charterer, agent, consignee, or master of such vessel a notice in writing to detain or deport such alien. The notice shall set forth the full name of such alien. In every such case an officer of the Immigration and Naturalization Service shall be detailed to verify the departure of such alien.* (Sec. 20 (a-b), 43 Stat. 164; 8 U. S. C. 167 (a-b))

120.36 Detained seamen; when removal permitted. Alien seamen ordered detained on board or deported pursuant to section 20 (a) of the Immigration Act of 1924 (43 Stat. 164; 8 U. S. C. 167 (a)) shall not be removed to immigration stations or other places for safe keeping, except in cases of emergency, and in such cases only when the master, agent, owner, charterer, or consignee of the vessel involved shall give satisfactory guaranty that all costs of such removal, including maintenance charges, and damage done

*For statutory citation, see note to § 120.1.

« iepriekšējāTurpināt »