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Part 154-HOLDING AS WITNESSES ALIENS ORDERED

DEPORTED

Sec.

Sec. 154.1 Deportation of witness 154.2 Witnesses; when warrant stayed; conditions; ex

withheld. penses, release. § 154.1 Deportation of witness stayed; conditions, expenses, release. The Department may stay the deportaton "of any aliens found to have come in violation of any provision" of the Immigration Act of 1917 (39 Stat. 874) when the testimony of such aliens is necessary on behalf of the United States in the prosecution of offenders against the Immigration Act of 1917 or any other laws of the United States, and the cost of maintenance and a witness fee in the sum of $1 per day may be paid by the Department in each such case, or the alien witness may be released under bond of not less than $500 conditioned for his production when required as a witness or for deportation. Therefore, the alien to be detained must have come to the United States in violation of the Immigration Act of 1917, and his deportation must have been stayed by the Department, before detention charges and witness fees, or release under bond, can be authorized; and such authorization can be given only in cases in which at least one cause for the proposed deportation of the alien arose prior to entry. Such cases should be reported promptly to the Central Office, with a statement of all facts and circumstances material to decision of the question whether the authorization desired shall be granted. Vouchers for witness fees should be prepared in favor of each witness and submitted at the close of each month or, if detention is for less than one month, at the conclusion of such detention. Maintenance charges will be vouchered in the regular way applicable to such bills. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. C. 102, 222; interprets sec. 18, 39 Stat. 887; 8 U.S. C. 154)

154.2 Witnesses; when warrant withheld. Cases in which there exists no cause for deportation arising prior to entry (for example, cases in which aliens have become members of the immoral or criminal classes after landing) are not within the purview of 8 154.1. In such cases, therefore, when it becomes necessary to hold an alien as a witness, arrangements therefor must be made with the appropriate United States attorney. The issuance of warrants of deportation in these classes of cases will be withheld pending the termination of judicial proceedings, so that the witnesses may be bound over and detention expenses and witness fees paid by the Department of Justice. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. C. 102, 222; interprets sec. 18, 39 Stat. 887; 8 U. S. C. 154)

863

Part 155-DETENTION EXPENSES

Sec.

Sec. 155.1 Liability of transportation 155.4 Payment; advance assurance; companies for removal and

failure. care of alien.

155.5 Expenses when borne by other 155.2 Liability of transportation

than transportation comcompanies for expense of

pany. attendant or accompanying 155.6 Burlal expenses of aliens; alien.

when borne by the Govern155.3 Expense bills; presentation

ment. to steamship companies. § 155.1 Liability of transportation companies for removal and care of alien. The owners, masters, agents, and consignees of vessels bringing aliens shall pay all expenses incident to or involved in their removal from the vessel or their detention as mentioned in Part 110 (excepting only in cases in which it is other wise provided by section 18, Immigration Act of 1917, 39 Stat. 887; 8 U. S. C. 154, or in which detention occurs under the terms of section 22 of said Act, 39 Stat. 891; 8 U. S. C. 159), irrespective of whether the aliens removed or detained are subsequently admitted or deported; such expenses to include those of maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation; also all expenses of hospital treatment where granted under section 18, Immigration Act of 1917 (39 Stat. 887; 8 U.S. C. 154), and § 140.15. When aliens are fed under an exclusive privilege (section 26, Act of February 5, 1917 (39 Stat. 894; 8 U. S. C. 115)), the expenses of maintenance generally shall be deemed the charges at which the privilege holder agrees to furnish them food. At ports where the Immigration and Naturalization Service maintains hospitals, the hospital expenses shall be such as are fixed by the Department, and at other hospitals they shall be as are fixed by the authorities thereof.* (Sec. 15, 39 Stat. 885; 8 U. S. C. 151)

88 155.1 to 155.6, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

155.2 Liability of transportation companies for expense of attendant or accompanying alien. If in the judgment of the officer in charge, based upon the expressed opinion of a surgeon, it is necessary for the proper care of an alien removed to hospital or as a measure of humanity to place with him there an attendant or accompanying alien, the cost of the latter's detention in hospital must be borne in the same manner as is the cost of treating the disabled alien.* (Secs. 15, 18, 39 Stat. 885, 887; 8 U.S. C. 151, 154)

155.3 Expense bills; presentation to steamship companies. Bills pertaining to any of the expenses in this Part, shall be pre

*For statutory citation, see note to § 155.1.

sented to the responsible steamship companies monthly or oftener at the option of the officer in charge, and, if not promptly paid, action shall be taken immediately, as prescribed by Part 160.*

155.4 Payment; advance assurance; failure. Immigration officers are under no obligation to order the removal of aliens from a vessel for inspection or hospital treatment (excepting only in cases in which it is otherwise provided by section 18, Immigration Act of 1917 (39 Stat. 887; 8 U. S. C. 154), or in which detention occurs under the terms of section 22 of said Act (39 Stat. 891; 8 U. S. C. 159)) until the steamship, companies have obligated themselves in a manner satisfactory to such officers for the payment of the expenses referred to in $8 155.1, 155.2, and at their option they may require payment in advance, or security, for each and every one thereof; and for failure on the part of a steamship company at any time during the course of detention to pay such expenses, the aliens may be returned to the vessel.*

155.5 Expenses when borne by other than transportation company. Detention expenses shall be borne by the Government in cases of (a) aliens held as witnesses under section 18, Immigration Act of 1917 (39 Stat. 887; 8 U. S. C. 154); (b) insane aliens whose health or safety would be unduly impériled by immediate deportation (said section 18); and (c) in cases in which the wives and minor children of naturalized citizens are accorded treatment under section 22 of said Act (39 Stat. 891; 8 U. S. C. 159), and 88 140.11-140.15, when it is satisfactorily shown that the husband or father is unable to pay such expenses. They shall be borne by the husband or father of the alien when he is able to pay them, in cases in which treatment of a wife or minor child is authorized under said provision of law and sections of regulations; and always by the husband or father when he is merely a permanent resident, not a naturalized citizen of the United States whose wife and child are allowed treatment under section 22 of said Act and $ 140.13. Preferably, they shall be paid by the alien, but may be paid from the immigration appropriation under special authority where it is necessary to hold the alien after admission in accordance with 134.1, and in the cases of wives and minor children of naturalized citizens accorded treatment under section 22 of said Act and 88 140.11-140.15.*

155.6 Burial expenses of aliens; when borne by the Government. The burial expenses of aliens who die while in the lawful custody of the Immigration and Naturalization Service may be borne by the Government, except in those cases in which it is otherwise provided by section 15 of the Immigration Act of 1917 (39 Stat. *885; 8 U. Š. C. 151), and said burial expenses may include the payment of not exceeding $10 in any case for the services of a minister of any recognized religious denomination.*

*Tor statutory citation, see note to $ 155.1.

Part 160—IMPOSITION AND COLLECTION OF FINES

Sec.

as

Sec. 160.1 Liability for bringing men- 160.12 Liability for failure to detain tally afflicted or diseased

or deport seamen. aliens.

160.13 Notice of intention to fine 160.2 Liability for bringing certain

for failure to detain seamen aliens afflicted otherwise

pending inspection; time than described in

for opposition; clearance of $ 160.1.

vessel. 160.3 Liability for diseased seamen 160.14 Notice of intention to fine for on passenger-carrying ves

failure to detain and desels.

port seamen, if required, 160.4 Liability for bringing illiter

after inspection; time for ate or barred-zone aliens.

opposition; clearance of 160.5 Liability for bringing solic

vessel. Ited aliens.

160.15 Notice of intention to fine in 160.6 Llability for failure to sup

cases other than under ply manifest.

88 160.13, 160.14; time for 160.7 Liability to meet specified

opposition; clearance of expenses.

vessel. 160.8 Liability for failure to re- 160.16 Notice of intention to fine; ceive and deport excluded

procedure. alien; accepting security 160.17 Submission of evidence and for return expenses; bring

report. ing alien previously ex- 160.18 Mitigation or remission of cluded or deported.

fines; mentally afflicted or 160.9 Liability for failure to de

diseased alien seamen. port alien as directed.

160.19 Action on decision. 160.10 Liability for bringing immi

grant without proper visa. 160.11 Liability for failure to report

desertion or landing, or fur-
nish required list of sea-

men, 8 160.1 Liability for bringing mentally afflicted or diseased aliens. Whenever the medical examiner certifies that an arriving alien is afflicted with any of the diseases or disabilities mentioned in section 9 of the Immigration Act of 1917, as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U. S. C. 145), the vessel or transportation agency shall pay to the collector of customs (under notice of intention to fine) $1,000 for each of said aliens and in addition à sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival.

*88 160.1 to 160.19, inclusive, issued under the authority contained in sec. 23, 39 Stat. 2, sec. 24, 43 Stat. 166; 8 U. S. O. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

160.2 Liability for bringing certain aliens afflicted otherwise than as described in 8 160.1. In the case of an alien afflicted with any mental defect other than those specifically named in section 9 of the Immigration Act of 1917, as amended by the Immigration Act of 1924 (43 Stat. 166; 8 U. S. C. 145), or physical

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