by such seamen to the station or place to which removed, including damage to equipment, shall be paid by such master, agent, owner, charterer, or consignee. (Sec. 19, 43 Stat. 164; 8 U. S. C. 166)

120.37 Arrest and deportation of seamen; procedure.

(a) An alien temporarily admitted as a bona fide seaman pursuant to section 3 (5) of the Immigration Act of 1924 for the time and under the conditions stated in section 120.21 of this Part shall be deemed to have remained in the United States for a longer time than permitted by the terms of his admission or to have failed to maintain the status under which he was admitted if

(1) he is found in the United States after the expiration of the time for which he was temporarily admitted or the expiration of any authorized extension of such period; or

or

(2) he engages in or seeks employment ashore for hire; or

(8) he engages in or seeks employment in the coastwise trade;

(4) he engages or seeks to engage, for profit, in any business not connected with his calling as a seaman; or

(5) he evidences an intention, by any other conduct or by spoken word, to violate the conditions of his temporary admission or to remain in the United States for a longer period than that for which he was admitted, although the period of his temporary admission has not expired; or

(6) he violates or is found to have violated in any way the terms and conditions under which he was admitted, as prescribed by the regulations in force and effect at the time of his admission.

(b) Any such alien shall be taken into custody and deported in accordance with the provisions of section 14 of the Immigration Act of 1924: Provided, however, and notwithstanding any other provisions of this chapter, that any such alien, upon indicating a willingness and ability to reship foreign may, in the discretion of the officer in charge, be placed on board any vessel for reshipment foreign at any time prior to the issuance of a warrant of deporta

tion.*

120.38 Seamen returned to the United States by American consuls.

(a) Applicable regulations. Certain aliens employed as seamen on vessels of American registry are entitled under the navigation laws and American consular regulations to various privileges, including being returned to the United States when discharged in a foreign port on account of injury or illness or when they become destitute under certain circumstances in foreign countries. The cases of such seamen, whether returned to the United States as members of the crew or as passengers or workaways, shall be handled in accordance with the provisions of this section, Part 175, and any applicable Executive Order prescribing the conditions for admission of alien seamen to the United States. (b) Evidence required. In every instance of a vessel arriving from a foreign port having on board American seamen (aliens)

*For statutory citation, see note to § 120.1.

who are returned by United States consular officials, the master, purser, or other responsible officer of the vessel, or such seamen, shall present to the immigration officials documentary or other satisfactory evidence indicating that they are bona fide American seamen (aliens) returned under American consular regulations.

(c) Admission of returned seamen. Aliens returned to the United States under American consular regulations who arrive as members of the crew shall be treated in the same manner as any other arriving seamen, except as specified in paragraphs (d) and (e) of this section. Aliens so returned, whose occupational status as seamen is found to be bona fide and who seek to enter the United States solely in pursuit of their calling as seamen but who arrive as passengers or workaways, may be admitted for a period not to exceed 29 days for the same purposes and under the same conditions with regard to maintenance of status as if they were arriving as alien seamen. Any extension of the original period of admission of such an alien shall be granted in the same manner as if the alien had arrived and been admitted as an alien seaman. Any such returned seaman who arrives as a passenger or workaway and who seeks entry as a returning legal resident or for any purpose other than to continue in pursuit of his calling as a seaman shall be treated as any other arriving alien passenger, except as specified in paragraphs (d) and (e) of this section.

(d) Procedure when afflicted. When any such seaman, regardless of the manner of his arrival, shall be found to be afflicted with any of the disabilities enumerated in section 35 of the Immigration Act of 1917, immigration officials shall inform the master, or other responsible officer, that the seaman is entitled to hospitalization in a marine hospital at the expense of the appropriation for the maintenance of such hospitals, and that he must be delivered to authorities of the United States Public Health Service for such hospitalization. Upon his discharge from the hospital, he shall be examined and his case disposed of in accordance with paragraph (c) of this section.

(e) When vessel exempted from liability; immigration appropriation not available for hospital treatment. Under the navigation laws all masters of vessels of American registry bound to a port of the United States are required to take destitute American seamen (aliens) on board their vessels when so requested by American consular officials and to transport them to the United States port to which the vessel is bound, and every such master who refuses to receive and transport such seamen on the request or order of the American consular official is liable to the United States in a penalty of $100 for each such seaman so refused. Moreover, masters of vessels of foreign registry accept such seamen as an act of courtesy extended to American consuls. Vessels transporting such seamen shall be exempted from the payment of head tax, hospital, and maintenance expenses, and liability for the penalties prescribed by the immigration laws, provided the transportation lines furnish satisfactory proof that the seamen were

accepted at the request of American consuls. Under no circumstances shall hospital bills incurred on account of American seamen (aliens) returned under consular regulations be paid from the immigration appropriations. However, maintenance expenses incurred pending final determination of the status of such aliens may be paid from said appropriations.*

120.39 Shipwrecked or castaway seamen.

(a) Admission as seamen. Aliens whose occupational status as seamen is found to be bona fide, who as shipwrecked or castaway seamen, are rescued by or transferred at sea to a vessel bound directly for the United States, may be admitted for a period not to exceed 29 days for the same purposes and under the same conditions with regard to maintenance of status as if they were arriving as alien seamen. Any extension of the original period of admission of such an alien shall be granted in the same manner as if the alien had arrived and been admitted as an alien seaman. (b) Admission other than as seamen. Any such returning seaman who seeks entry as a returning legal resident or for any purpose other than to continue in pursuit of his calling as a seaman, shall be treated as any other arriving alien passenger, except as specified in paragraph (d) of this section.

(c) Payment of expenses. If expenses are incurred in connection with the detention and deportation of such seamen, they shall be collected from the appropriate foreign consuls or from the owners, agents, or consignees of the wrecked vessel, if practicable. If this cannot be done, then such expenses shall be paid from the appropriation for the enforcement of the immigration acts.

(d) Procedure when afflicted. If any such seaman shall be found to be afflicted with any of the disabilities enumerated in section 35 of the Immigration Act of 1917, and is found to be entitled to treatment in a marine hospital at the expense of the appropriation for the maintenance of such hospitals, he shall be delivered into the custody of the United States Public Health Service authorities for care and treatment in such a hospital. Any such afflicted seaman who is found not to be entitled to such treatment may be granted treatment at the expense of the wrecked vessel if the appropriate foreign consul or other responsible person satisfactorily guarantees the expenses thereof. If this cannot be arranged, the alien may be hospitalized at the expense of the immigration appropriation if his condition is such as to require emergency treatment.

(e) Final inspection. The final inspection of any hospitalized seaman shall be deferred until his discharge from the hospital, when his admission shall be determined in accordance with the provisions of this section, Part 175, and any applicable Executive Order prescribing the conditions for admission of alien seamen to the United States.*

120.40 Alien seamen who were members of the crew of an American vessel which has been sold or delivered abroad who are being returned to the United States as passengers or

*For statutory citation, see note to § 120.1.

workaways in accordance with the terms of the contract of employment of the outbound voyage or the laws of the United States.

(a) Aliens of this class whose occupational status as seamen is found to be bona fide and who seek to enter the United States solely in pursuit of their calling as seamen, may be admitted for a period not to exceed 29 days for the same purposes and under the same conditions with regard to maintenance of status as if they were arriving as alien seamen. Any extension of the original period of admission of such an alien shall be granted in the same manner as if the alien had arrived and been admitted as an alien seaman. Any such alien who seeks entry as a returning legal resident or for any purpose other than to continue in pursuit of his calling as a seaman, shall be treated as any other arriving alien passenger except as specified in paragraph (b) of this section.

(b) Any such arriving alien who is found to be afflicted with any of the disabilities enumerated in section 35 of the Immigration Act of 1917 and who is found to be entitled to treatment in a marine hospital at the expense of the appropriation for the maintenance of such hospitals, shall be delivered into the custody of the authorities of the United States Public Health Service for such treatment. Aliens so afflicted who are not entitled to such treatment at Government expense, may be hospitalized if the expenses incident to such hospitalization are satisfactorily guaranteed.

(c) The final inspection of any hospitalized seaman of this class shall be deferred until his discharge from the hospital when his admission shall be determined in accordance with the provisions of this section, Part 175, and any applicable Executive Order prescribing the conditions for admission of alien seamen to the United States.

CROSS REFERENCE: For medical relief of seamen, see 42 CFR Part 2.

120.42 Disabled seamen; conditions for passing in transit; immigration officials to confer with appropriate officers. A disabled alien seaman, who nevertheless does not intend to relinquish his calling, but whom the master of the vessel is obliged under the navigation laws of the country to which the vessel belongs to return to the country where he embarked, may, under such regulations as the officer in charge deems proper to carry out the purposes of this section, pass through the United States in transit to such country by the most expeditious and direct route. Where he is suffering from a loathsome, contagious, or dangerous contagious disease, or with tuberculosis in any form, or from a mental disability, or is in such physical or mental condition as to render him a person likely to become a public charge, the master must make arrangements for his proper care while in transit and furnish a sum of money sufficient to defray the expenses thereof. These provisions are made in the interest of trade and because of the peculiar position occupied by seamen under principles of international comity; and in all cases to which they apply the immigration officials shall confer not only with the master but with the consular representative of the country to which the vessel *For statutory citation, see note to § 120.1.

belongs.* (Sec. 19, 43 Stat. 164, sec. 3, 43 Stat. 154, 47 Stat. 524; 8 U.S. C. 166, 203, 215)

120.43 Afflicted seamen; expense of telegrams concerning. All telegrams sent in behalf of masters, agents, owners, consignees, or guarantors in respect of "afflicted seamen" or aliens suspected of being "afflicted seamen" shall, whenever practicable, be at the expense of the responsible master, agent, owner, consignee, or guarantor.* (Sec. 35, 39 Stat. 896, 41 Stat. 1082; 8 U. S. C. 169, 170)

*For statutory citation, see note to § 120.1.