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agent, owner, or consignee shall pay to the collector of customs of the district in which the port of arrival is located, or in which any vessel of the line may be found, the sum of $300 for each and every violation of any provision of said sections; and no vessel shall have clearance from any port of the United States while any such fine is unpaid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such question upon the deposit with the collector of customs of a sum sufficient to cover such fine. If the vessel by which any alien ordered deported came has left the United States and it is impracticable for any reason to deport the alien within a reasonable time by another vessel owned by the same interests, the cost of deportation may be paid by the Government and recovered by civil suit from any agent, owner, or consignee of the vessel: Provided further, That the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, may suspend upon conditions to be prescribed by the Commissioner of Immigration and Naturalization, the deportation of any aliens found to have come in violation of any provision of this Act if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecution of offenders against any provision of this Act or other laws of the United States; and the cost of maintenance of any person so detained resulting from such suspension of deportation, and a witness fee in the sum of $1 per day for each day such person is so detained, may be paid from the appropriation for the enforcement of this Act, or such alien may be released under bond, in the penalty of not less than $500, with security approved by the Attorney General, conditioned that such alien shall be produced when required as a witness and for deportation. No alien certified, as provided in section sixteen of this Act, to be suffering from tuberculosis in any form, or from a loathsome or dangerous contagious disease other than one of quarantinable nature, shall be permitted to land for medical treatment thereof in any hospital in the United States, unless the Attorney General is satisfied that to refuse treatment would be inhumane or cause unusual hardship or suffering, in which case the alien shall be treated in the hospital under the supervision of the immigration officials at the expense of the vessel transporting him: Provided further, That upon the certificate of an examining medical officer to the effect that the health or safety of an insane alien would be unduly imperiled by immediate deportation, such alien may, at the expense of the appropriation for the enforcement of this Act, be held for treatment until such time as such alien may, in the opinion of such medical officer, be safely deported: Provided further, That upon the certificate of an examining medical officer to the effect that a rejected alien is helpless from sickness, mental or physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be excluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens. (39 Stat. 887–889; 45 Stat. 1551; 8 U.S. C. 154.)
DEPORTATION WITHIN CERTAIN TIME LIMITS OF ALIENS" ENTERING OR FOUND IN THE UNITED STATES IN VIOLATION OF LAW; FINALITY OF DECISION; DISCRETION OF THE ATTORNEY GENERAL
Sec. 19. (a)35 That at any time within five years after entry, any alien who at the time of entry was a member of one or more of the classes excluded by law; any alien who shall have entered or who shall be found in the United States in violation of this Act, or in violation of any other law of the United States; any alien who at any time after entry shall be found advocating or teaching the unlawful destruction of property, or advocating or teaching anarchy,36 or the overthrow by force or violence of the Government of the United States or of all forms of law or the assassination of public officials; any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing; except as hereinafter provided, any alien who is hereafter sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who is hereafter sentenced more than once to such a term of imprisonment because of conviction in this country of any crime involving moral turpitude, committed at any time after entry; any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute; any alien who manages or is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists any prostitute or protects or promises to protect from arrest any prostitute; any alien who shall import or attempt to import any person for the purpose of prostitution or for any other immoral purpose; any alien who, after being excluded and deported or arrested and deported as a prostitute, or as a procurer, or as having been connected with the business of prostitution or importation for prostitution or other immoral purposes in any of the ways hereinbefore specified, shall return to and enter the United States; any alien convicted and imprisoned for a violation of any of the provisions of section four hereof; any alien who was convicted, or who admits the commission, prior to entry, of a felony or other crime or misdemeanor involving moral turpitude; at any time within three years after entry, any alien who shall have entered the United States by water at any time or place
34 For other provisions covering limitation on deportation of allens, see sec. 318 (b), Act of October 14, 1940 (54 Stat. 1147; 8 U. S. C. 718 (b)), p. 118. For deportation of internees ; violators of neutrality acts, etc., see Act of May 10, 1920 (41 Stat. 693594 ; U. S. C. 157), p. 80.
35 The Alien Registration Act of 1940, Title 2, approved June 28, 1940 (54 Stat. 671673; 8 U, S. C. 155), amends sec. 19, Act of February 5, 1917 (39 Stat. 889; 8 U, S. Ç., 156), by inserting after “SEC. 19.", the letter "(a)", and by adding at the end of such section, subsections (b) to (d), inclusive, pp. 110-112. No alien shall be deportable by reason of subdivision (b) of section 19, Act of February 5, 1917 (54 Stat. 671; 8 U. S.Č. 165), on account of any act committed prior to June 28, 1940. See section 22, Act'of June 28, 1940 (54 Stat. 673), p. 113, for authority for last sentence.
* For additional provisions relative to deportation of anarchists and similar classes gee Act of October 16, 1918 (40 Stat. 1012; 8 U. S. C. 137 (g)), as amended by the Acts of June 5, 1920 (41 Stat. 1008), p. 77, and June 28, 1940 (54 Stat. 673), p. 109. For repeal of the Chinese Exclusion Acts see Act of Dec. 17, 1943 (57 Stat. 600), p. 125.
other than as designated by immigration officials, or by land at any place other than one designated as a port of entry for aliens by the Commissioner of Immigration and Naturalization, or at any time not designated by immigration and naturalization officials, or who enters without inspection, shall, upon the warrant of the Attorney General, be taken into custody and deported: Provided, That the marriage to an American citizen of a female of the sexually immoral classes the exclusion or deportation of which is prescribed by this Act shall not invest such female with United States citizenship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this Act: Provided further, That the provision of this section respecting the deportation of aliens convicted of a crime involving moral turpitude shall not apply to one who has been pardoned, nor shall such deportation be made or directed if the court, or judge thereof, sentencing such alien for such crime shall, at the time of imposing judgment or passing sentence or within thirty days thereafter, due notice having first been given to representatives of the State, make a recommendation to the Attorney General that such alien shall not be deported in pursuance of this Act; nor shall any alien convicted as aforesaid be deported until after the termination of his imprisonment: Provided further, That the provisions of this section, with the exceptions hereinbefore noted, shall be applicable to the classes of aliens therein mentioned irrespective of the time of their entry into the United States: Provided further, That the provisions of this section shall also apply to the cases of aliens who come to the mainland of the United States from the insular possessions thereof: Provided further, That any person who shall be arrested under the provisions of this section, on the ground that he has entered or been found in the United States in violation of any other law thereof which imposes on such person the burden of proving his right to enter or remain, and who shall fail to establish the existence of the right claimed, shall be deported to the place specified in such other law. In every case where any person is ordered deported from the United States under the provisions of this Act, or of any law 87 or treaty, the decision of the Attorney General shall be final.38
(b) Any alien of any of the classes specified in this subsection, in addition to aliens who are deportable under other provisions of law shall, upon warrant of the Attorney General, be taken into custody and deported:
(1) Any alien who, at any time within five years after entry, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.
(2) Any alien who, at any time after entry, shall have on more than one occasion, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien or aliens to enter or to try to enter the United States in violation of law
* Sec. 17, Act of Jan. 19, 1929 (45 Stat. 1089 ; 21 U. S. C. 287), p. 92, provides time of deportation for certain parcotic addicts. See 3, Act of Mar. 4, 1929 (45 Stat. 1552; 8 U. S. C. 180 b), p. 94, provides for deportation of deportable aliens at termination of imprisonment
(3) Any alien who, at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semi-automatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sawed-off shotgun.
(4) Any alien who, at any time within five years after entry, shall have been convicted of violating the provisions of title I of the Alien Registration Act, 1940.
(5) Any alien who, at any time after entry, shall have been convicted more than once of violating the provisions of title
I % of the Alien Registration Act, 1940. No alien who is deportable under the provisions of paragraph (3), (4), or (5) of this subsection shall be deported until the termination of his imprisonment or the entry of an order releasing him on probation or parole.co
(c) In the case of any alien (other than one to whom subsection (d) is applicable) who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may (1) permit such alien to depart the United States to any country of his choice at his own expense, in lieu of deportation, or (2) suspend deportation of such alien if not racially inadmissible or ineligible to naturalization in the United States if he finds that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable alien, If the deportation of any alien is suspended under the provisions of this subsection for more than six months, all of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such suspension. These reports shall be submitted on the 1st and 15th day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress, the two Houses pass a concurrent resolution stating in substance that the Congress does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien in the manner provided by law. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress, the two Houses do not pass such a resolution, the Attorney General shall cancel deportation proceedings upon the termination of such session, except that such proceedings shall not be canceled in the case of any alien who was not legally admitted for permanent residence at the time of his last entry into the United States, unless such alien pays the Commissioner of Immigration and Naturalization a fee of $18 (which fee shall be deposited in the Treasury of the United States as miscellaneous receipts)." Upon the cancellation of such proceedings in any case in which fee has been paid the Commissioner shall record the alien's admission for permanent residence as of the date of his last entry into the United States and the Secretary of State shall, if the alien was a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce by one the immigration quota of the country of the alien's nationality as defined in section 12 of the Act of May 26, 1924 (U. S. C., title 8, section 212), for the fiscal year then current or next following.
* For the text of title I of the Alien Registration Act of 1940, see pp. 109 and 110.
No allen shall be deportable by reason of subdivision (b) of sec. 10, Act of Feb ruary 5, 1917, on account of any act committed prior to June 28, 1940. See sec. 22, Act of June 28, 1940 (54 Siat. 673), p. 113 as authority for this footnote.
(d) The provisions of subsection (c) shall not be applicable in the case of any alien who is deportable under (1) the Act of October 16, 1918" (40 Stat. 1008; U. S. C., title 8, sec. 137),42 entitled "An Act to exclude and expel from the United States aliens who are members of the anarchist and similar classes”, as amended; (2) the Act of May 26, 1922, entitled "An Act to amend the Act entitled 'An Act to prohibit the importation and use of opium for other than medicinal purposes,' approved February 9, 1909, as amended” (42 Stat. 596; U. S. C.; title 21, sec. 175); 43 (3) the Act of February 18, 1931, entitled "An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regulating traffic in narcotics”, as amended (46 Stat. 1171; U. S. C., title 8, sec. 156a); (4) any of the provisions of so much of subsection (a) of this section as related to criminals, prostitutes, procurers, or other immoral persons, the mentally and physically deficient, anarchists, and similar classes; or (5) subsection (b) of this section. (39 Stat. 889–890; 54 Stat. 671-673; 56 Stat. 1044; 8 U.S. C. 155.) PORTS TO WHICH ALIENS TO BE DEPORTED; COST OF DEPORTATION;
PENALTIES: BOND SEC. 20. That the deportation of aliens provided for in this Act shall, at the option of the Attorney General, be to the country whence they came or to the foreign port at which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such territory, or, if such aliens entered foreign contiguous territory from the United States and later entered the United States, or if such aliens are held by the country from which they entered the United States not to be subjects or citizens of such country, and such country refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects or citizens, or to the country in which they resided prior to entering the country from which they entered the United States. If the United States is at war and the
a Act of Dec. 8, 1942 (56 Stat. 1044 ; 8 U. 8. C. 155), amended subsection (c) of sec. 19 of the Act of Feb. 5, 1917, as follows: deleted the words "within ten days after the beginning of its next regular session" from the second sentence; inserted between the second and third sentences the sentence beginning "These reports shall be .. repealed the third sentence reading "The Clerk of the House shall have such report printed as a public document".; amended the fourth and afth sentences by adding the words "of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress,".
The Act of October 16, 1918 (40 Stat. 1012; 8 U. S. C. 137), as amended by the Acts of June 5, 1920 (41 Stat. 1008), and June 28, 1940 (54 Stat. 673), may be found on P: 77.
a The Act of February 9, 1909 (35 Stat. 614), as amended by the Act of May 26, 1922 (42 Stat. 596-598; 21 U. s. C. 171, 174, 175), may be found on p. 65.
The Act of February 18, 1931 (46 Stat. 1171), as amended by sec. 21, Act of June 28, 1940 (54 Stat. 673 ; 8 U. S. C. 156a), may be found on p. 96.