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

*For statutory citation, see note to 120.1

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)

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*For statutory citation, see note to 8 120.1.

Part 122-LABORERS FROM COUNTRIES GRANTING

LIMITED PASSPORTS

Sec.

Sec. 122.1 Regulations governing alien 122.3 When certain laborers admitlaborers prescribed by Ex

ted; proof required. ecutive Order 1712, Feb. 24,

122.4 Absence of passport of certain

laborers; presumptions. 1913.

122.5 Passports of certain laborers; 122.2 Effect of Executive Order No.

endorsement. 1712

122.6 Excluded laborers; appeal, 8 122.1 Regulations governing alien laborers prescribed by Executive Order 1712, Feb. 24, 1913. The President's Executive Order on this subject, issued February 24, 1913, reads as follows:

Whereas by the Act entitled "An act to regulate the immigration of aliens into the United States” approved February 20, 1907, whenever the President is satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone, are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, it is made the duty of the President to refuse to permit such citizens of the country issuing such passports to enter the continental territory of the United States from such country or from such insular possession or from the Canal Zone; and

Whereas, upon sufficient evidence produced before me by the Department of Commerce and Labor, I am satisfied that passports issued by certain foreign governments to their citizens or subjects who are laborers, skilled or unskilled, to proceed to countries or places other than the continental territory of the United States, are being used for the purpose of enabling the holders thereof to come to the continental territory of the United States to the detriment of labor conditions therein;

I hereby order that such alien laborers, skilled or unskilled, be refused permission to enter the continental territory of the United States.

It is further ordered that the Secretary of Commerce and Labor be and he hereby is, directed to take, through the Bureau of Immigration and Naturalization, such measures and to make and enforce such rules and regulations as may be necessary to carry this order into effect.*

* $8 122.1 to 122.6, 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.

122.2 Effect of Executive Order No. 1712. The Executive Order requires that laborers, skilled or unskilled, who are citizens of a country which grants to its laborers proceeding abroad limited labor passports only, and who present at a continental port a passport entitling them only to admission to countries or places other than continental United States, shall be rejected. It does not in any particular, relieve such aliens from examination under the general provisions of the law.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (h); E. O. 1712, Feb. 24, 1913)

*For statutory citation, see note to 8 122.1.

122.3 When certain laborers admitted; proof required. If a laborer described in 88 122.1, 122.2 applies for admission and presents a passport entitling him to enter continental United States, or not limited to some country or place other than continental United States, he shall be admitted, unless he belongs to one of the classes excluded by the general provisions of the law. If he presents such a limited passport, but claims that he is not a laborer, satisfactory proof of such claim shall be required.* (E. O. 1712, Feb. 24, 1913)

122.4 Absence of passport of certain laborers; presumptions. If a laborer described in 88 122.1, 122.2 applies for admission and presents no passport, it shall be presumed (a) that when he departed from his own country he did not possess a passport entitling him to come to continental United States, and (b) that at that time he did possess a passport limited to some country or place other than continental United States.* (Sec. 3, 39 Stat. 875; 8 U.S. C. 136 (h); E. O. 1712, Feb. 24, 1913)

122.5 Passports of certain laborers; endorsement. Passports presented by aliens covered by $ 122.3 shall be plainly indorsed, in indelible ink, in such a manner as to show the fact and date of admission or rejection. The passport shall be returned to the presenter.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (h); E.O. 1712, Feb. 24, 1913)

122.6 Excluded laborers; appeal. All laborers excluded under 88 122.1–122.5 shall be advised not only of their right of appeal, where one lies, but also that they may communicate by telegraph or otherwise with any diplomatic or consular officer of their

government, and they shall be afforded opportunity for doing so. (Secs. 3, 17, 39 Stat. 875, 887; 8 U. S. C. 136 (h), 153; E.O. 1712, Feb. 24, 1913)

*For statutory citation, see note to 8 122.1.

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