IMMIGRATION RULES OF MAY 1, 1917.

SCOPE OF THE LAW.

The act entitled "An act to regulate the immigration of aliens to, and the residence of aliens in, the United States," passed February 5, 1917, is the immigration act or law referred to in the following rules.1

It applies to and is to be enforced in every part of the United States and every place possessed by the United States except the Isthmian Canal Zone. It is enforced by the Bureau of Immigration and the Immigration Service in every such place except the Philippine Islands, where it is enforced by the "officers of the general government thereof." But under the provisions of the act persons who are not citizens of the United States, or citizens of the insular possessions, coming from the insular possessions to the mainland or proceeding from one insular possession to another, must undergo examination under each and every provision of the act. Hawaii is a Territory, not an insular possession.

For the purposes of the act citizens of islands under the jurisdiction of the United States are regarded as though citizens of the United States; all other persons who are not native born or naturalized citizens of this country, except untaxed United States Indians, are aliens under the terms of the act. (Sec. 1.)

Rule 1. COLLECTION OF HEAD TAX.2

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SUBDIVISION 1. Notice to collector.-Upon the arrival of aliens at a seaport of the United States or at any designated port of entry on the Mexican border, the immigration officer there in charge shall certify to the collector of customs the number of such aliens other than those described in subdivision 3 hereof, together with the name of the transportation agent or other person responsible for the payment of head tax due in respect of them, and shall specify:

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(a) How many of said aliens have been held for special inquiry; (b) How many, other than such as are covered by paragraph (g) of subdivision 3 hereof, claim to enter for the purpose of passing in transit through the United States; *

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(c) How many make unsupported claims to American citizenship;

1 All numbered sections mentioned in the rules refer to those of said act unless stated to the contrary.

2 With respect to collection of head tax on account of aliens coming from or through Canada, see also Rule 12.

3 See Rule 13.

4 Tourists are included in this class. An alien may enter and leave the United States by the same port and still be an "in transit passenger.

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(d) How many make unsupported claims to being accompanied children under 16 years of age;

(e) How many claim to be entering, for temporary stay, after an uninterrupted residence of at least one year in Canada, Newfoundland, Mexico, or Cuba. This exemption shall not be lost merely because, instead of entering the United States from one of the countries named, the aliens come by way of some other foreign country in which they have sojourned temporarily.

Thereupon the collector of customs shall forthwith collect a tax of $8 for each alien so certified.

SUBD. 2. Special deposits and refunds.-(a) Collections pertaining to passengers of classes (a), (b), (c), (d), and (e), above referred to, shall be held on special deposit; to be refunded as to such of the first as are deported; as to such of the second as are shown by the submission of proof upon the form provided for that purpose, or in the manner prescribed in paragraph (c) or paragraph (d) hereof, within 120 days of the time of entry, to have left the United States within 60 days of the time of entry; as to such of the third as are promptly shown to the satisfaction of the immigration officer in charge, and in any event within 90 days of the time of entry, to be American citizens; 2 as to such of the fourth as are promptly shown to the satisfaction of the immigration officer in charge, and in any event within 90 days of the time of entry, to be accompanied children under 16 years of age; and as to such of the fifth as are promptly shown to the satisfaction of said immigration officer, and in any event within seven months of the time of entry, to have left the United States within six months of the time of entry. Collections not so refunded shall be accounted for in the regular manner and covered into the Treasury. When proof of departure as to class (b) is not submitted until after 120 days, of proof of American citizenship or age and relationship, as to classes (c) and (d), respectively, is not submitted until after 90 days from the time of entry, and proof of departure as to class (e) is not submitted until after seven months of the time of entry refund will not be allowed.

(b) Applications for refund of head tax erroneously collected will not be considered by the bureau if presented after the time limit has expired.3

(c) Transportation companies may secure refund of head tax deposited on account of aliens in transit upon proving departure by furnishing, within the time fixed herein, to the immigration official in charge at the port of initial ingress, where the head tax is deposited, a coupon containing a transit manifest," detached in regular course of the use thereof from the alien's railroad ticket, and showing that the alien passed through and out of the United States as required in this rule.

(d) In isolated cases, such as those in which aliens in transit purchase the tickets on which they travel through the United States after

1 Form 514.

2 This plan regarding those who claim to be exempt as American citizens, but who are unable to prove citizenship at the time of application for admission, should be followed whether such person is manifested as an alien, is omitted from the manifest, or is noted on the manifest as a citizen of the United States. In doubtful cases the tax should be certified to the "special deposit account," rather than as "regular head tax," pending the determination of the question at issue.

3 Refund of head tax covered into the Treasury can not be made by the bureau after the appropriation for the expenses of regulating immigration for the fiscal year has been exhausted. See also in this connection the act of Feb. 3, 1905, and footnote thereto (post, p. 92).

landing in this country, such tickets not containing the coupon mentioned in the preceding paragraph, secondary evidence, under oath, of departure from the United States within the period prescribed in this rule shall be accepted by the immigration officer in charge at the initial port of ingress if such evidence shows convincingly that the alien left the United States within the prescribed period.

SUBD. 3. Other exemptions from head tax.-The head tax shall not be levied in respect of the following classes of aliens:

(a) Diplomatic and consular officers and other accredited officials of foreign governments, their suites, families, and guests, for whatsoever purpose they come;

(b) Children under 16 years of age who accompany their father or mother and whose relationship and age are established;

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(c) Aliens whose legal domicile or bona fide residence was in Canada, Newfoundland, Cuba, or Mexico for at least one year immediately preceding entry and who enter the United States from one of those countries for a temporary period in no instance exceeding six months; this exemption shall not be lost merely by reason of temporary absences of short duration from such countries.2

(d) Aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory.

(e) Aliens who, starting from a port of the United States, return thereto after a continuous sea trip or cruise without change of vessel. (f) Aliens who habitually cross and recross the land boundaries, and who hold the identification card prescribed by subdivision 9 of Rule 12 and subdivision 3 of Rule 13.

(g) Aliens in transit through the United States under the arrangement specified in subdivision 2 of Rule 9.

(h) Aliens having a bona fide residence in the United States who, without relinquishing such residence, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding six months.

(i) Citizens and alien residents of the Philippine Islands or of the Virgin Islands of the United States.

SUBD. 4. Guam, Porto Rico, and Hawaii.-Hereafter head tax shall be collected, with exceptions hereinbefore noted, on account of aliens entering or reentering Guam, Porto Rico, or Hawaii, only at ports of those islands. On account of aliens admitted to those islands without payment of head tax between July 1, 1907, and May 1, 1917, coming to the mainland on or after the latter date, head tax in the sum of $4 per capita shall be collected at the continental port of arrival. But head tax shall not be collected on account of aliens who come to the mainland from those places who show that they reached there prior to July 1, 1907, or subsequent to April 30, 1917, nor upon citizens of said islands, nor upon alien residents of Porto Rico returning from the Virgin Islands after a visit thereto.

1 Form 594.

2 Opinion Solicitor Department of Commerce and Labor, Oct. 30, 1907.
3 Form 546, used under the former law, may be adapted to this purpose

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SUBD. 5. Seamen.-Head tax shall be collected on seamen regularly admitted" (sec. 2). (sec. 2). "Regularly admitted "Regularly admitted" means admitted in accordance with Rule 10.1

Rule 2. MANIFESTS.

SUBDIVISION 1. How to be written.-All manifests must be typewritten or printed in the English language (sec. 12). For purposes of manifesting, alien passengers shall be regarded as falling into one or another of the following three classes: First cabin, second cabin, steerage. First cabin shall be listed on pink, second cabin on yellow, and steerage on white manifests. If typewritten, the forms furnished by the bureau or sheets of the same size (36 by 18 inches) and respective colors shall be used, the quality of the paper to be approved by the bureau. If printed, a sheet of either the same or exactly onehalf said size may be used, the prescribed color scheme to be observed, and the quality of the paper to be approved by the bureau.2

SUBD. 2. Grouping by locality and family. In furtherance of the requirements of section 13 that aliens "shall be listed in convenient groups, the names of those coming from the same locality to be assembled so far as practicable," transportation companies shall assemble or group together, to the fullest extent possible, all aliens coming from the same locality; also all members of a family, and the names of all members of a family shall appear upon the same manifest sheet when such members travel in the same class. Where the members of a family travel in different classes appropriate cross references to this fact should be made on the several manifest sheets on which their names are listed, so that the immigration authorities may consider their cases together.

SUBD. 3. Foreign officials.-The only statistical information required concerning foreign officials duly accredited by their governments, including diplomatic and consular officers, their suites, families, or guests, is their names and titles.

SUBD. 4. Stowaways.-Alien stowaways shall be manifested and produced for inspection in the same manner as are other aliens, and the fact that they were stowaways shall be indicated on the manifest. SUBD. 5. When no surgeon on board. The certificate (verified before a United States consular officer or other officer qualified to administer oaths) of a reputable surgeon located at the port of embarkation or at the last port of call, in the form appearing upon the reverse side of the manifest, shall be exacted in compliance with the requirement of section 13 regarding instances in which no surgeon sails with a vessel bringing aliens.

SUBD. 6. When changes occur en route in aliens' condition.When a surgeon sails with the vessel and the manifest, therefore, in accordance with section 13, is verified by such surgeon before an immigration official at the port of arrival, any changes in the condition of the aliens that have occurred or developed during the voyage shall be noted in the manifest before it is verified.

1 See said rule; subd. 2 thereof covers collection of head tax.

2 Forms Nos. 500 for first cabin, 500A for second cabin, and 500B for steerage. The practice of furnishing blank books to transportation companies in order that they may prepare alphabetical indexes and thus facilitate reference to the manifests, shall be continued. Manifests should not be defaced nor have notations or check marks of any kind placed thereon otherwise than as required by the law.

SUBD. 7. Report of ship's surgeon or master concerning health of passengers. In addition to making the notations on the manifest specified in subdivision 6, the ship's surgeon (or, if no surgeon sails on the ship, the master) shall furnish to the immigration official in charge at the port of arrival a full report concerning diseases, injuries, births, and deaths developing or occurring during the voyage.1 SUBD. 8. Data concerning cost of transportation.-Transportation companies shall furnish the immigration officers in charge at ports of entry, within two days after request therefor, with the original transportation contracts of all rejected aliens whose cases are covered by the provisions of section 9, such contracts showing the exact amounts paid for transportation from the "initial point of departure" (sec. 9)—which point shall be shown-to the foreign port of embarkation, from the latter to the United States port of arrival, and from the port of arrival to inland point of destination, respectively, and also the amount paid for head tax.

Rule 3. PRIMARY INSPECTION AND DETENTION.

SUBDIVISION 1. Double inspection.-At each of the ports of New York, Boston, Providence, Philadelphia, Baltimore, Key West, New Orleans, Galveston, San Juan, San Francisco, Seattle, Honolulu, Vancouver, Quebec, Halifax, and St. John two immigrant inspectors shall pass upon the case of each arriving alien. The two inspectors to serve together for this purpose shall be designated from day to day by the immigration officials in charge at such ports. The challenging of decisions of one inspector by another shall be continued. At seaports other than those herein enumerated and at the land border ports double inspection shall be maintained whenever feasible.

SUBD. 2. Determination of admissibility, in general. As to each alien applying to enter the United States, the appropriate immigration officers shall determine, as promptly as in their estimation the circumstances permit, whether or not he is entitled to apply for admission, and, if so, whether or not he is clearly and beyond a doubt entitled to land.

SUBD. 3. Postponement if alien in hospital.-If an alien suffering from a disability which in the opinion of the immigration officials renders it impracticable correctly to apply the immigration law to his case is placed in hospital upon his arrival or pending determination as to his right to land, inspection may be postponed during such disability.

SUBD. 4. Postponement if member of family in hospital.—If in the estimation of the appropriate immigration officers the cases of members of a family are interdependent, and a member is detained in hospital from a disability of the character described in subdivision 2 of this rule, the determination of such cases may be postponed until the member detained in hospital has been discharged therefrom.2

1 Form 542.

2 Typical instances hereof are (1) where the afflicted member is a minor or one otherwise dependent, requiring an accompanying alien in the event of deportation, one or the other parent being the proper person to select for such purpose, and the effect of depriving the remaining members of the family of the care of such parent would be to render some or all of them persons likely to become public charges; (2) where the afflicted member is the head of the family and its only breadwinner, and his physical condition, due presumably to temporary causes, is such that he could not travel if either admitted or ordered deported and the cases of the remaining members of the family depend upon the disposition made of his case.