and deportation from the United States (sec. 3, 39 Stat. 875, sec. 1 (d), 45 Stat. 1551, sec. 7, 47 Stat. 166; 8 U. S. C. 136 (j), 181);

(b) Applications for removal to their native country of aliens who fall into distress or need public aid from causes arising subsequent to their entry (sec. 23, 39 Stat. 892, 50 Stat. 164; 8 U. S. C. 102);

(c) Applications for readmission to the United States of aliens removed on account of distress (50 Stat. 164; 8 U. S. C. 102);

(d) Applications to import skilled labor if labor of like kind cannot be found unemployed in the United States (sec. 3, 39 Stat. 875; 8 U. S. C. 136 (h)), subject, however, to the approval of the Attorney General where the application granted;

is

(e) Petitions for approval as accredited institutions of learning for attendance by bona fide alien students (sec. 4 (e), 43 Stat. 155; 8 U. S. C. 204);

(f) Applications for recognition as American institutions of research, for the purposes of the nationality laws (secs. 307, 312, 54 Stat. 1142, 1145; 8 U. S. C. 707, 712);

(g) Applications for exemption from loss of residence for naturalization purposes (secs. 307, 308, 54 Stat. 1142, 1143; 8 U. S. C. 707, 708);

(h) Prescription of conditions of admission of alien instrumental musicians seeking temporary admission to the United States who are found to be admissible as artists or professional actors under the 5th proviso to section 3 of the Immigration Act of 1917, so as to insure that at the termination of their contracts such aliens will depart from the United States (sec. 3, 39 Stat. 875, sec. 3, 47 Stat. 67; 8 U.S.C. 136 (h), 137 (d));

(i) Conditions of readmission of legally admitted immigrants who have departed temporarily from the United States and who apply for readmission without obtaining immigration visas (sec. 13 (b), 43 Stat. 161; 8 U. S. C. 213 (b));

(j) Applications for copies of, information from, and certifications of immigration and naturalization records in the custody or control of the Commissioner (sec. 6 (a), 48 Stat. 1109, secs. 327' (g), 341 (e), 54 Stat. 1151, 1161; 28 U. S. C. 661, 8 U. S. C. 727 (g), 741 (e)); this authority is concurrent with and co-ex

tensive with that of the General Counsel as provided in § 383.7 of this chapter.

§ 1.45 Final authority; delegation to Chief, Exclusion and Expulsion Section. Authority generally to issue warrants of arrest and warrants of deportation is delegated to the Chief, Exclusion and Expulsion Section. The authority of district directors to issue warrants of arrest and orders and warrants of deportation under the provisions of Part 150 of this chapter is not thereby impaired.

§ 1.46 Final authority; delegation to district directors. In addition to the powers granted to them by law, district directors have the final authority delegated to them in Part 60 and other parts of this chapter, including determinations involving the following:

(a) Waiver of the ninety days' notice required by section 326 (b) of the Nationality Act of 1940, as provided in § 335.3 (b) of this chapter (56 Stat. 183; 8 U. S. C. 1003);

(b) Approval and cancellation of bond Form I-354 (Old 554) entitled "Bond That Alien Shall Not Become a Public Charge", within the limitations of § 110 21 of this chapter (sec. 21, 39 Stat. 891; 8 T. S. C. 158); this authority is concurrent with and coextensive with that of officers in charge of ports of entry under the provisions of § 1.48 (c);

(c) Issuance of warrants of arrest and orders and warrants of deportation within the limitations stated in Part 150 of this chapter;

(d) Deportation of alien seamen on vessels other than the ones on which such seamen arrived, as provided in § 120.36 of this chapter (sec. 20 (c), 43 Stat. 164; 8 U. S. C. 167 (c)); this authority is concurrent with and coextensive with that of officers in charge of ports of entry under the provisions of § 1.48 (d);

(e) Approval and cancellation of bond Form I-375, within the limitations of § 127.4 of this chapter (sec. 4, 60 Stat. 339); this authority is concurrent with and coextensive with that of officers in charge of ports of entry under the provisions of § 1.48 (e);

(f) Applications for copies of, information from, and certifications of immigration and naturalization records in their custody or control, as provided in § 383.7 of this chapter (sec. 6 (a), 48 Stat. 1109, secs. 327 (g), 341 (e), 54 Stat.

1151, 1161; 28 U. S. C. 661, 8 U. S. C. 727 (g), 741 (e)).

§ 1.47 Final authority; delegation to boards of special inquiry. In addition to the powers granted to them by law, boards of special inquiry have final authority delegated to them to make determinations involving the following:

(a) Admission of alien stowaways, within the limitations of § 110.50 of this chapter (sec. 3, 39 Stat. 875; 8 U. S. C. 136 (1));

(b) Admission on bond, or other security, of alien immigrants liable to exclusion because likely to become public charges or because of physical disab.lity other than tuberculosis in any form or a loathsome or dangerous disease, within the limitations of § 110.20 of this chapter (sec. 21, 39 Stat. 891; 8 U. S. C. 158).

§ 1.48 Final authority; delegation to officers in charge of ports of entry. In addition to the powers granted to them by law, officers in charge of ports of entry have final authority delegated to them to make determinations involving the following:

(a) Admission of unaccompanied children under 16 years of age, within the limitations of § 110.49 of this chapter (sec. 3, 39 Stat. 875; 8 U. S. C. 136 (m));

(b) Admission on bond, or other security, of alien immigrants liable to exclusion because likely to become public charges or because of physical disability other than tuberculosis in any form or a loathsome or dangerous disease, within the limitations of § 110.20 of this chapter (sec. 21, 39 Stat. 891; 8 U. S. C. 158);

(c) Approval and cancellation of bond Form I-354 (Old 554) entitled "Bond That Alien Shall Not Become a Public Charge", within the limitations of § 110.21 of this chapter (sec. 21, 39 Stat. &91; 8 U. S. C. 158); this authority is concurrent with and coextensive with that of district directors under the provisions of § 1.46 (b);

(d) Deportation of alien seamen on vessels other than the ones on which such seamen arrived, as provided in § 120.36 of this chapter (sec. 20 (c), 43 Stat. 164; 8 U. S. C. 167 (c)); this authority is concurrent with and coextensive with that of district directors under the provisions of § 1.46 (d);

(e) Approval and cancellation of bond Form I-375, within the limitations of § 127.4 of this chapter (sec. 4, 60 Stat.

339); this authority is concurrent with and coextensive with that of district directors under the provisions of § 1.46 (e).

§ 1.49 Final authority; delegation to immigrant inspectors. In addition to the powers granted to them by law, immigrant inspectors have final authority delegated to them to make determinations involving the admission of unaccompanied children under 16 years of age, within the limitations of § 110.48 of this chapter (sec. 3, 39 Stat. 875; 8 U. S. C. 136 (m)).

PLACES AND MANNER OF SECURING
INFORMATION

§ 1.60 Places where, and methods whereby, information may be secured or submittals or requests made. (a) Any person desiring information relative to a matter handled by the Immigration and Naturalization Service or any person desiring to make a submittal or request in connection with such a matter should communicate either orally or in writing with whichever of the following offices is most convenient for him:

(1) A district headquarters office of the Service. There are sixteen such offices located in the cities shown in § 60.1 of this chapter.

(2) A Class A port of entry shown in § 110.1 of this chapter.

(3) A United States immigration station located in Canada. Such offices are located in several of the large cities in Canada. They are shown in § 110.2 of this chapter.

(4) In addition to the places indicated in (1) and (2) of this paragraph, an Immigration and Naturalization Service office, one of which is located in most of the large cities of the United States including its insular possessions.

(5) With respect to naturalization matters only-the office of the clerk of any United States district court or of any other court exercising jurisdiction over naturalization.

(b) If the office where such communication is received is unable to handle the matter-because, for example, it does not have jurisdiction or facility-the communication, if written, will be forwarded to the proper office of the Service or, if oral, the person will be advised how to proceed. If the submittal or request consists of a formal application for one of the numerous documents, privileges, or other benefits provided for in the immi

PROCEDURES

§ 1.70 General. The regulations of the Immigration and Naturalization Service, published as Title 8, Chapter I, Code of Federal Regulations, contain information which, under the provisions of section 3 (a) (2) and (3) of the Administrative Procedure Act, is required to be published. Any person desiring information with respect to a particular procedure (other than rule making) under the immigration and nationality laws should examine the part or section in Title 8, Chapter I, Code of Federal Regulations, dealing with such proceeding, as well as the statutes implemented by such part or section. The list of part numbers and designations appearing at the beginning of Title 8, Chapter I, Code of Federal Regulations, may be used as a guide to the regulation dealing with any particular type of proceeding. For example, in the immigration regulations Part 105 deals with "Head tax"; Part 107, with "Manifests"; Part 110, "Primary inspection and detention"; Part 114, "Inspection of citizens and aliens entering from or through contiguous territory"; Part 116, "Civil air navigation"; Part 118, "Aliens in transit"; Part 120, "Alien seamen"; Part 123, "Foreign government representatives to international organizations"; Part 124, "Alien contract laborers"; Part 125, "Students"; Part 126, "Admission of alien spouses and alien minor children of citizen members of the United States armed forces"; Part 127, "Fiancées and fiancés of citizen members of the United States armed forces"; Part 128, "Persons arriving by way of or from Hawaii; certificates"; Part 130, "Boards of special inquiry"; Part 132, "Readmission and temporary admission"; Part 136, "Appeals from decisions by board of special inquiry"; Part 142, "Preexamination of aliens within the United States"; Part 145, "Exclusion and deportation"; Part 150, "Arrest and deportation"; Part 155, "Detention expenses"; Part 160, "Imposition and collection of fines"; Part 164, "Permit to reenter the United States"; Part 166, "Aliens' border-crossing identification cards"; and Part 170, "Registra

tion and fingerprinting of aliens in accordance with the Alien Registration Act, 1940". In the nationality regulations Part 320 deals with "Naturalization courts and their jurisdiction"; Part 322, with "General class of persons who may be naturalized"; and Parts 324, 325, 326, 330, 332, 334, 335, 337, 338, 339, 345, 347, and 348, with "Special classes of persons who may be naturalized", such as children, spouses of United States citizens, former United States citizens, veterans of the United States armed forces, alien enemies, seamen, and Puerto Ricans; Part 350 deals with "Racial limitations upon naturalization"; Part 353, with "Good moral character"; Part 354, "Residence and absence"; Part 356, "Educational requirements and education for citizenship"; Part 360, "Clerks of naturalization courts and their duties"; Part 361, "Official forms"; Part 362, "Registry of aliens under Nationality Act of 1940"; Part 363, "Certificate of arrival"; Part 364, "Photographs"; Part 365, "Declaration of intention"; Part 370, "Petition for naturalization"; Part 373, "Naturalization hearings and proof of naturalization requirements"; Part 375, "Oath of renunciation and allegiance"; Part 377, "Certificate of naturalization"; Part 378, "Certificate of naturalization for veteran of First or Second World War allied forces"; Part 379, "Certificates of citizenship where citizenship acquired (1) by naturalization of parent, parents, or husband, or (2) by birth abroad to citizen parent or parents"; Part 382, "Naturalization papers replaced; new certificate in changed name"; and Part 385, "Revocation of records created and of naturalization and citizenship documents issued by the Commissioner".

$ 1.71 Rule making. (a) There are numerous provisions in the statutes dealing with immigration and nationality which require the Commissioner of Immigration and Naturalization to issue, with the approval of the Attorney General, rules and regulations to implement such statutes (e. g., sec. 23, 39 Stat. 892, secs. 15, 24, 43 Stat. 162, 166, secs. 37 (a), 327 (b), 54 Stat. 675, 1151, sec. 705, 56 Stat. 183, sec. 4, 8 U. S. C. and Sup., 102, 215, 222, 458 (a), 727 (b), 1005). Such valid rules and regulations have the force and effect of statutes. The authority of the Attorney General to approve the issuance of such rules and regulations has not been delegated by § 90.1 of this chapter, or otherwise. Rules and

regulations are drafted by the Commissioner with the assistance of his staff (see § 90.17 of this chapter). The provisions of the Federal Register Act (49 Stat. 500, 50 Stat. 304, 56 Stat. 1045; 44 U. S. C. Ch. 8B) and of the regulations thereunder (Title 1, Part 2, supra) governing the issuance of rules and regulations are observed. Rules and regulations drafted by the Commissioner are submitted to the Attorney General for approval and, upon being so approved, are filed with the Division of the Federal Register for publication in the FEDERAL REGISTER. Rules dealing with Service organization, including delegations of authority, are now and will hereafter be separately stated; that is, they appear in separate parts such as this part and Parts 60 and 90 of this chapter. Substantive rules will, on and after September 11, 1946, usually be issued in connection with adjective or other rules, but within each part dealing with a particular proceeding will be observed the requirements of section 3 (a) of the Administrative Procedure Act for separation of rules by type and content.

(b) There is no requirement in the immigration and nationality laws for the giving of notice of, or for hearing on, proposed rules or regulations under these laws. Pursuant to the provisions of section 4 (b) of the Administrative Procedure Act, substantive rules will hereafter be issued after the giving of notice and all interested persons will be given an opportunity to participate in such rule making under such conditions as may be specified in the notice of proposed rule making. Rules other than substantive may be issued without either notice or hearing. Petitions by interested persons for the issuance, amendment, or repeal of a rule may be submitted to the Commissioner of Immigration and Naturalization. Such petitions will be considered by the Commissioner and the petitioner will be notified of any denial of such petition and, where considered appropriate, of any other action taken in connection therewith.

(c) Authority is vested in the Attorney General by section 7 (d) of the Air Commerce Act of 1926 (44 Stat. 572; 49 U. S. C. 177 (d)) to issue certain rules applying immigration laws to civil air navigation. While such statute does not place any responsibility on the Commissioner of Immigration and Naturalization, such rules are recommended to

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the Attorney General by the Commissioner and the provisions of this section will be followed to the extent applicable where regulations dealing with civil air navigation are involved.

AVAILABILITY OF OPINIONS, ORDERS, AND
RECORDS

§ 1.80 Opinions, orders, and records of the Immigration and Naturalization Service regarded as confidential. Under existing regulation (Order No. 3229 issued by the Attorney General on May 2, 1939 (11 F. R. 4920)) issued pursuant to statute, all official files, documents, records, and information in the offices of the Immigration and Naturalization Service of the United States Department of Justice or in the custody or control of any officer or employee of the Immigration and Naturalization Service are to be regarded as confidential. No such officer or employee may permit the disclosure or use of the same for any purpose other than for the performance of his official duties, except in the discretion of the Attorney General, The Assistant to the Attorney General, an Assistant Attorney General acting for him, or the Commissioner of Immigration and Naturalization acting for the Attorney General pursuant to the provisions of § 90.1 of this chapter. Therefore, such official files, documents, records, and information shall not be published, opened to public inspection, or made available to the public in any other way, except where the Attorney General, The Assistant to the Attorney General, or the Commissioner permits disclosure, either by the exercise of discretion in particular cases or, generally, through specific provisions of this section, part, or chapter.

§ 1.81 Administrative Decisions under Immigration and Nationality Laws. There may be purchased when available from the United States Government Printing Office, Washington 25, D. C., or inspected at a Service office indicated in § 1.60, a publication entitled "Administrative Decisions under Immigration and Nationality Laws." Periodic and cumulative supplements are to be published as required. The decisions in such publication may be cited as precedents, but are in no manner binding upon subsequent administrative decisions.

§ 1.82 Inspection of records by attorneys. Attorneys and representatives, and the persons whom they represent, may review and be lent copies of records,

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subject to the conditions prescribed in this chapter (see Part 95, more particularly 95.6 (b)).

§ 1.83 Persons subject to proceedings. Any person who is the subject of a proceeding under the immigration and nationality laws in which final determination is duly made by or for the Attorney General or the Commissioner shall, after notification of final decision and on his request, be afforded an opportunity to review any opinion prepared as a basis for the decision. The right provided in this section shall extend to any attorney or representative who is recognized by the Service as counsel for the person in the proceeding.

§ 1.84 Copies of records. In accordance with the provisions of this part, Part 383, and all other applicable provisions of this chapter and subject to all applicable statutory provisions relating to applications, fees, and other requirements, and where not prejudicial to the interests of the public or the Government, copies of and information from records of the Immigration and Naturalization Service may be furnished to persons who establish that they have a reasonable and legitimate need for them. Such privilege is ordinarily granted with respect to records which are statistical in nature, such as records of arrival or of naturalization.

§ 1.85 Intra-service manuals. The following manuals are prepared solely for the guidance of the Immigration and Naturalization Service and the contents of such manuals shall not be published, opened to public inspection, or made available to the public in any other way except in unusual cases where the Commissioner specifically authorizes the furnishing of an excerpt from such manuals:

Immigration Manual.
Nationality Manual.
Administrative Manual.
Operations Instructions.

CODIFICATION: § 60.1 was amended in the following respects by Regulation, Acting Commissioner, May 27, 1946, approved by the Attorney General, June 20, 1946, effective June 22, 1946, 11 F.R. 6963:

1. In the definition of District No. 1 with headquarters at St. Albans, Vermont, the language following the last semicolon was amended to read as follows: "also jurisdiction over the United States immigration stations located in Canada at Halifax, Nova Scotia; St. John, New Brunswick; Montreal, Quebec; and Quebec, Province of Quebec."

2. The period at the end of the definition of District No. 7 with headquarters at Buffalo, New York, was changed to a semicolon and the following text was added: "also jurisdiction over the United States immigration station located in Canada at Toronto, Ontario."

§ 60.25 Criminal violations; investigation and action.

(7) The case falls within a class which the United States Attorney has in writing requested the district director not to refer to him for possible prosecution.

CODIFICATION: In § 60.25 (b) the word "or" was deleted from the end of subparagraph (5), the period at the end of subparagraph (6) was changed to a semicolon and the word "or" was added after the semicolon, and a new subparagraph (7) was added as set forth above, by Regulation, Commissioner, approved by the Attorney General, Nov. 22, 1946, effective Dec. 11, 1946, 11 F.R. 14231.

In $ 60.25 (e) the last sentence, which read: "On receipt in the Central Office of a case submitted by a district director under the provisions of paragraph (c) (4), the case shall be transmitted to the Board of Immigration Appeals for its action", was revoked, by Regulation, Commissioner, Dec. 19, 1945, approved by the Attorney General, Jan. 9, 1946, 11 F.R. 523.

§ 60.28 Power of arrest without warrant, of boarding and searching, and of executing warrants. All patrol inspectors, immigrant inspectors, and all persons designated immigrant inspectors by § 60.27 are hereby authorized to exercise the power of arrest without warrant, the power to board and search vessels and other conveyances, and the power to execute warrants and other processes, conferred by the act of February 27, 1925, as amended by the act of August 7, 1946 (43 Stat. 1049, 60 Stat. 865; 8 U.S.C. 110). (Sec. 23, 39 Stat. 892, sec. 24, Title IV, 43 Stat. 166, 1049, sec. 37 (a), 54 Stat. 675, 60 Stat. 865; 8 U.S.C. and Sup., 102, 222, 458; sec. 1, Reorg. Plan No. V, 3 CFR, Cum. Supp., Ch. IV) [Reg., Dec. 5, 1946, approved Dec. 17, 1946, effective Aug. 7, 1946, 11 F.R. 14587]