imposed include soliciting of immigration by transportation companies, bringing in diseased aliens, non-delivery of manifests, failure to pay expenses of detained aliens, refusal to receive or return deported aliens, failure to pay return expenses of deported aliens, employing diseased aliens on passenger vessels, and failure to report illegally landed aliens or to furnish list before departure.

The regulations for the collection of administrative fines provide that where certain violations are certified to, or become reasonably certain:

The officer in charge shall serve promptly upon the master, agent, owner, or consignee of the vessel, or other responsible person, a notice to the effect that the ascertained facts indicate that a fine should be imposed under the section of the law involved in the particular case; that he will be allowed 60 days from the date of service of the notice within which to submit evidence and be heard in reference to the matter; and that in the meantime the vessel on which the alien arrived will be granted clearance papers upon condition that he deposit with the collector of customs, prior to the time of sailing, a sum equal to the fine specified in the said notice, such sum to be held as security for the payment of the fine in the event it should be imposed, and in cases arising under section 9, a sum equal to that paid by the alien involved for his transportation to this country from the initial point of departure, such latter sum to be held by the collector of customs in a special deposit and to be delivered to the alien when deported through the immigration official in charge at the port.

145

Detailed provisions are made for the service of notice, and evidence to show why fine should not be imposed is required. Complete data are then forwarded to the Bureau by the officer in charge together with his views as to whether the fine should be imposed.

If within sixty days no evidence has been submitted, or as soon as it is known the fine will not be contested, the officer in charge must report these facts to the Bureau.

Upon receipt of departmental decision the collector of customs shall be notified of its terms. If the fine is imposed, the amount retained as security shall be deposited and accounted for by the collector. If the fine is not imposed, he shall return such amount.

146

Bonds. Aliens under certain conditions, although excludable, may be released from custody under bond. With regard to this, when detention is during wait for decision on appeal, the regulations say:

Where the landing of an alien under bond is authorized, unless different instructions are given, the bond shall be in the sum of $500, and the alien shall not be released until it has been furnished and the immigration official in charge has satisfied himself of the responsibility of the sureties. If within a reasonable time after landing under bond is authorized a satisfactory bond is not furnished, instructions shall be requested of the bureau.

... If the acceptance of a cash deposit is authorized, the deposit, unless different instructions are given, shall be in the form of a postal money order and in the sum of $500. A receipt for the deposit shall be issued by the officer in charge, showing the object for which the money has been accepted and the disposition to be made thereof. The money order shall be then transmitted to the department, by which it will be deposited in the postal savings bank at Washington, in such manner as to permit the interest accruing thereon to be paid semiannually and transmitted to the person making the cash deposit.""

147

The immigration officer in charge may decline, in his discretion, to extend an alien's time to appeal or to delay deportation except on condition that there be deposited a sum of money sufficient to defray the cost of maintenance during the extension or delay granted. The regulations further provide:

The amount of any bond under which an arrested alien may be released shall be $500, unless different instructions are given by the department, which, prior to release, shall approve the bond, except that the approval of the local United States attorney, or the Commissioner of Immigration or the inspector in charge of the district as to form and execution shall be sufficient to warrant the release of such alien pending approval of the bail bond by the Secretary of Labor. United States bonds may be accepted in lieu of sureties on bail bond, or sureties may deposit United States bonds instead of justifying in real estate. Aliens who are unable to give bail shall be held in jail only in case no other secure place of detention can be found."

148

147 Ibid., p. 63.

149 Ibid., pp. 72-3.

Expenses. Expenses incident to the detention of aliens are cared for in numerous ways, depending upon conditions.

The owners, masters, agents, and consignees of vessels bringing aliens shall pay all expenses incident to or involved in their removal from the vessel or their detention . . . irrespective of whether the aliens removed or detained are subsequently admitted or deported; such expenses to include those of maintenance, medical treatment in hospital or elsewhere, burial in the event of death, and transfer to the vessel in the event of deportation; also all expenses of hospital treatment where granted. . . . When aliens are fed under an exclusive privilege . . . the expenses of maintenance generally shall be deemed the charges at which the privilege holder agrees to furnish them food. At ports where the Immigration Service maintains hospitals the hospital expenses shall be such as are fixed by the department, and at other hospitals they shall be such as are fixed by the authorities thereof."

149

In cases where, in the judgment of the officer in charge, as based upon the opinion of a surgeon, it is necessary that an alien removed to a hospital be accompanied by an attendant, the expenses of the attendant must be borne in the same manner as those of the patient. With regard to the securing of payment the regulations provide:

Immigration officers are under no obligation to order the removal of aliens from a vessel for inspection or hospital treatment until the steamship companies have obligated themselves in a manner satisfactory to such officers for the payment of the expenses hereinbefore referred to, and at their option they may require payment in advance, or security, for each and every one thereof; and for failure on the part of a steamship company at any time during the course of detention to pay such expenses, the aliens may be returned to the vessel."

150

Certain detention expenses are borne by the Service rather than the transportation companies. These include, roughly, cases where aliens are held as witnesses, expenses entailed by insane aliens whose health or safety would be imperiled by immediate deportation and cases where wives and minor children of naturalized citizens are accorded treatment but husband or father is unable to pay such expenses.

149 Ibid., p. 78.

150 Ibid.

The cost of maintaining aliens pending deportation on warrant may be borne by the United States. With regard to aliens who have become public charges from causes existing prior to landing, no allowance for expenses is made unless or until an appropriation therefor becomes available.

151

Immigration officers are required to report to the United States district attorney, in the case of the institution of proceedings against a procurer or contractor,' the amount of the cost of deporting the alien in order that recovery of expense outlay by Government or transportation company may be made.

152

With regard to deportable aliens who have arrived by way of Canada, the steamship lines must return them at their own expense from either United States or Canadian ports whenever in the judgment of the Secretary of Labor such deportation is deemed

necessary.

153

If any alien is deported by consent, the charges incurred for his case or treatment in any public or charitable institution from the date of notification to an immigration officer until the expiration of one year after landing, may be paid by the Bureau at such rates as it accepts as reasonable.

Ordinary witnesses subpoenaed by the immigration service, however, shall have no provision made regarding expenses. If such expenses are to be obtained, they must be arranged for as a condition precedent to the issuance of the subpœna. If a witness is subpoenaed at the request of an inspector or the chairman of a board, recompense is not allowed.

Commissioners of immigration or immigration inspectors are required to submit prompt reports for each subpoena issued.

Alien seamen held deportable by the decision of a board of appeal are deported upon a warrant issued by the Department at the expense of the immigration appropriation. If alien seamen are

151 Within five years after the entry of the alien.

152 (6

If, after the Government has completed its investigation, request is made by or on behalf of an arrested alien for an extension of time that seems unusual or unreasonable and any expenses will arise from granting such request, the deposit in advance of a sum sufficient to cover such expenses shall be required as a condition precedent to the granting of such request."Immigration laws, etc., p. 73.

153 Supra, p. 93.

admitted by an inspector, a board, or the Department, the identification card and the head tax are disposed of, and a statistical entry made, in the usual manner."

154

Miscellaneous Activities. Section 16 of the Immigration Act of 1917 (39 Stat. L., 874, 885) authorizes commissioners of immigration, and immigration inspectors in charge to subpoena witnesses and require the production of books, papers and documents. The regulations direct that the power shall be exercised, however, only when necessary. Specifically, they provide:

Whenever an inspector conducting an investigation or a board of special inquiry holding a hearing is of opinion that a certain witness whose testimony is deemed essential to a proper decision of the case will not appear and testify or produce books, papers, and documents unless commanded to do so, such inspector or the chairman of such board shall request the commissioner or inspector in charge to issue a subpoena and have it served upon such witness. If an alien or his authorized representative requests that a witness be subpoenaed, he shall be required, as condition precedent to the granting of the request, to state in writing what he expects to prove by such witness or the books, papers, and documents indicated by him and to show affirmatively that the proposed evidence is relevant and material and that he has made diligent efforts without success to produce the same. The examination of the witness or of the books, papers, and documents produced by him shall be limited to the purpose specified in the written assignment of the alien or his authorized representative. But when a witness has been examined by the investigating officer and counsel has not had an opportunity to cross-examine such witness and it is apparent that such witness will not appear for cross-examination unless commanded to do so, a subpoena shall issue."

155

If it is found that a witness whose evidence is demanded by the United States, or the alien concerned, is unlikely to testify or appear, or produce evidence unless he is ordered to do so, the commissioner or inspector in charge is required to issue a subpoena and have it served upon the witness by an immigration officer or employee. Further:

the department may stay the deportation " of any aliens found to have come in violation of any provision" of the immigration act when the testimony of such aliens is necessary on behalf of the