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Part 115—ADMISSION OF AGRICULTURAL WORKERS
UNDER SPECIAL LEGISLATION
Sec. 115.1 Definitions.
115.6 Maintenance of status and de 115.2 Qualifications for admission.
portation, 115.3 Fingerprinting; Identification 118.7 Duplicate identification cards.
card; conditions and period 115.8 Readmission after temporary of admission.
visits to foreign contiguous 115.4 Extension of period of admis
115.9 Waiver of departure permit 115.6 Hearings before Board of
requirements. Special Inquiry. 8 115.1 Definitions. As used in this part
(a) The term “agricultural worker" means an alien, either male or female, who was born in North America, South America, Central America, or in any island adjacent thereto, who is residing in any of said places, and who desires to enter the United States for the purpose of engaging in agricultural labor as defined herein; or such an alien who,
after so entering, is engaged in such labor. (b) The term "agricultural labor” means services performed in the employ of any person, trust, estate, partnership, or corporation in connection with farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the raising, production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including crude gum (oleoresin) from a living tree and certain products as processed by the original producer of the crude gum (oleoresin) from which derived), the raising and shearing of livestock, bees, fur-bearing animals, poultry, or wild life, and any practices (including any forestry or lumbering operations) performed by a farmer on a farm as an incident to, or in conjunction with such farming operations, including handling, drying, packing, freezing, grading, processing (if such service is performed as an incident to ordinary farming operations, or in the case of fruits and vegetables as an incident to the preparation of such fruits and vegetables for market), and including further the preparation for market, delivery to storage or to market or to carriers for transportation to market, and the operation, management, conservation, improvement, or maintenance of the tools and equipment used in connection therewith: Provided, however, That the foregoing shall not include services performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to å terminal market for distribution for consumption.
(c) The term “enemy alien” means any native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war or which the President by public proclamation has declared to have perpetrated, attempted, or threatened an invasion or predatory incursion against the territory of the United States.
*88 115.1 to 115.9, inclusive, issued under the authority contained in sec. 5 (g), Public Law 45, 78th Cong, Chapter 82, 1st sess.; sec. 23, 39 Stat. 892, 8 U. S. C. 102; sec. 24, 43 Stat. 166, 8 U. S. C. 222 ; sec. 1, Reorg. Plan No. V, 5 F.R. 2223; sec. 37 (a), 64 Stat. 675, 8 U. 8. C. 458; 8 CFR 90.1. Statutes interpreted are applied and statutes giving special authority are listed in parentheses at the end of specific sections. (Sec. 3 (f), 52 Stat. 1060, 29 U. S. C. 203; sec. 1426 (h), 53 Stat. 1386, 26 U. S. C. 1426)
115.2 Qualifications for admission. Any agricultural worker who applies for admission into the United States under Public Law 45 of April 29, 1943, and the provisions of this part must
(a) submit to the examining immigrant inspector an alien laborer's identification card (Form 1-100) prepared prior to embarkation for the United States by the War Food Administrator or his duly authorized representative, or if not in possession of an alien laborer's identification card so issued, shall establish that he is seeking admission as one of a specific group of agricultural workers who are being recruited directly by an employer under conditions which have been approved by the district director of Immigration and Naturalization of the district in which the alien applies for admission;
(b) submit to the examining immigrant inspector a birth certificate, or otherwise establish to the satisfaction of said immigrant inspector that he was born in the country of claimed nativity;
(c) establish that he is not an enemy alien and that he is in all respects admissible under the provisions of the immigration laws except
(1) the provisions of section 3 of the Immigration Act of February 5, 1917, relating to contract laborers, the requirements of literacy, and the payment of passage by corporations, foreign governments, or others;
(2) the provisions of section 3 of the Immigration Act of February 5, 1917, and section 1 of the Act of March 4, 1929, requiring permission of the Attorney General to reapply for admission in the case of any alien previously arrested and deported or excluded and deported solely because of illegal entry or absence of required documents, if such deportation has not occurred on more than one occasion, and such alien establishes that he is otherwise entitled to temporary admission as an agricultural worker under the provisions of this part;
(3) the requirement of section 2 of the Immigration Act of February 5, 1917, relative to the payment of head tax;
(4) the prohibitions contained in sections 5 and 6 of the Immigration Act of February 5, 1917;
(5) the provisions of the laws and regulations relating to documents required of aliens entering the United States; and
(6) the provisions of Title III of the Alien Registration Act of 1940 relating to the registration of aliens.
(d) satisfy the examining immigrant inspector that if admitted he will comply with the conditions of such admission.* (Sec. 2, 3, 5, 6, 39 Stat. 875, 879, 8 U. S. C. 132, 136, 139, 142; sec. 1, 45 Stat 1551, 46 Stat. 41, 8 U. S. C. 180; Title III, 54 Stat. 673, 8 U. S. C. 451)
*For statutory citation, see note to $ 115.1.
115.3 Fingerprinting; identification card; conditions and period of admission. Any alien found admissible into the United States under the provisions of this part shall
(a) be fingerprinted as follows:
(1) by placing prints of the right thumb and right index finger on the reverse side of the original Form 1-100 prepared by the War Food Administrator or his duly authorized agent or, in cases not recruited by the Administrator, on the original of a Form 1-100 prepared at the port of arrival by an officer of the Immigration and Naturalization Service;
(2) by placing complete fingerprints of both hands on one copy of Form AR-4; and
(3) by executing the obverse of Form AR-4, in duplicate (only one copy of which shall bear fingerprints), and by, placing on
copies of Forms AR-4 a stamped notation reading "Admitted as agricultural worker". Both copies of Form AŘ4, when so executed, shall be forwarded to the Assistant Commissioner for Alien Registration.
(b) be given the original alien laborer's identification card bearing his photograph, and stating his name, place of birth and citizenship, duly endorsed by an immigrant inspector to show the date, place, and period of his admission into the United States and signed by said immigrant inspector across the bottom of the photograph, partly on the photograph and partly on the card. In cases of aliens recruited by the War Food Administrator or his duly authorized representative the duplicate copy of said card shall be forwarded to the Administrator or to such representative. In cases recruited directly by employers the duplicate need not be executed. In all cases a triplicate copy of the card shall be completely executed and retained in the records of the Service at the port of the alien's entry. Fingerprints of the alien shall not be placed on the duplicate and triplicate cards.
(c) be admitted for a fixed period, not exceeding one year, on condition that he continuously maintain the status of an agricultural worker and depart from the United States at the expiration of his admission or any extension thereof except that if he is a national of a country with whose government there exists an agreement with the Government of the United States regulating the importation of agricultural workers, then he shall be admitted for the period of the validity of his contract entered into pursuant to such agreement, but not exceeding one year, on condition that he maintain the status of an agricultural worker under terms of the contract and depart from the United States at the expiration of his admission or of any extension thereof: Provided, however, That regardless of the period for which an alien is admitted under this Part, or of any extension thereof, such period shall automatically terminate 30 days after cessation of all hostilities between the United States and her enemies in the present war.
115.4 Extension of period of admission. No extension of the temporary admission of any alien admitted under this Part shall
For statutory citation, see note to | 115.1.
be granted without general or specific instructions from the Central Office.
115.5 Hearings before Board of Special Inquiry. Any alien seeking admission under this Part in whose case the examining immigrant inspector is not satisfied that such alien is admissible shall be held for hearing before a Board of Special Inquiry and the Procedure applicable to aliens seeking admission into the United States under the general provisions of the immigration laws shall be followed.*
115.6 Maintenance of status and deportation. (a) An alien admitted into the United States as an agricultural worker under the provisions of this Part shall maintain the status of an agricultural worker during the entire time he remains in the United States pursuant to such admission and shall depart at the termination of the period for which he was admitted or of any extensions thereof, including the automatic termination prescribed in subsection (c) of section 115.8.
(b) An alien admitted as an agricultural worker under the provisions of this Part who fails to maintain the status under which he was admitted, or fails to depart from the United States in accordance with the conditions of his admission shall be deemed to be unlawfully in the United States and shall be taken into custody and deported in accordance with the applicable provisions of Part 150 of this Chapter. *
115.7 Duplicate identification cards. A duplicate alien laborer's identification card may be issued in the discretion of the district director of Immigration and Naturalization of the district through which the alien agricultural worker entered the United States where the original has been lost or destroyed.*
115.8 Readmission after temporary visits to foreign contiguous territory. An agricultural worker who has been admitted under the provisions of this Part may be readmitted after temporary visits to foreign contiguous territory on presentation of his alien laborer's identification card if he is still maintaining the status of an agricultural worker in the United States. *
115.9 Waiver of departure permit requirements. Any alien admitted to the United States under the provisions of this part shall not, when departing from the United States, be required to present a permit to depart issued under the provisions of Part 176 of this Chapter.*
*For statutory citation, see note to $ 110.1.
Part 116_CIVIL AIR NAVIGATION
Sec. 116.1 Regulation and supervision. 116.16 Airports of entry. 116.2 Scope and definitions.
116.51 Inclusion of other regulations. 116.3 Landing requirements.
116.52 Alrcraft; how considered. 116.4 Entry and clearance.
116.53 Afrmen; how considered. 116.5 Entry of aircraft of scheduled 116.54 Inspection of allens arriving airlines.
by aircraft. 116.6 Clearance of aircraft of sched- 116.55 Deportation of aliens arriving uled airlines.
by aircraft who are ex116.7 Documents.
cluded. 116.8 Documents for entry.
116.56 Crew lists. 116.9 Documents for clearance. 116.57 Manifests of passengers. 116.10 Omission of lists of aliens em- 116.58 Preexamination in Canada of ployed on board aircraft.
aircraft passengers. 116.11 Residue cargo; customs. 116.60 Penalties. 116.12 General provisions; customs. 116.ei Designation of airports of 116.13 Public health requirements.
entry for allens. 116.14 General provisions; entry and 116.62 Withdrawal of designation of clearance.
airport of entry for aliens. 116.15 Penalties.
8116.1 Regulation and supervision. The following regulations (8 8 116.1 to 116.15, inclusive): are prescribed by the Secretary of the Treasury, the Federal Security Administrator, the Secretary of Commerce, and the Attorney General, within their respective authorities, under the Air Commerce 'Act of 1926, as amended, sections ? (b), (c), (d), 9 (b), and 11 (b) and (c) [49 U. S. C. 177 (b), (c), (d), 179 (b), 181 (b) and (c)]; Tariff Act of 1930, section 644 (19 U. S. C. 1644]; Reorganization Plan No. I of the President, sections 201 (a) and 205 (b) [4 F. R. 2727, 2728];
and Reorganization Plan No. V of the President, section 1 [5 F. R. 2132, 2223].*
*The general authority, in addition to R. S. 161, 5 Q. $. C. 22, and that cited in 116.1 for the regulations in $8 116.1 to 116.15, inclusive, is: with respect to customs, R. S. 251; sec. 624, 46 Stat. 759; 19 U. S. C. 66, 1624; with respect to public health, sec. 5, 27 Stat. 451; 42 U. S. C. 94; and with respect to immigration, sec. 23, 39 Stat. 894, sec. 24, 43 Stat. 168; 8 U. S. C. 102, 222.
116.2 Scope and definitions. For the purposes of the regulations contained in 88 116.1 to 116.15, inclusive
(a) Every paragraph and clause relates to customs, public health, entry, clearance, and immigration, except where it applies only to certain of these matters, which is shown by headnote or context.
(b) The term "United States” when used in a geographical sense means the territory comprising the several States, Territories, possessions, and the District of Columbia, including the territorial waters thereof and the overlying airspace, but shall not include the Canal Zone.
* These regulations entitled "Alr Commerce Regulations" appear under four designations, 1. e., as [ 4.1 to 4.10e, title 19 (Customs Duties); 01 11.501 to 11.515, title 42 (Public Health) : 11 004.1 to 004.15, title 14 (Civil Aviation); and is 116.i to 116.16, title 8 (Allens and Nationality), Code of Federal Regulations.