STATISTICAL RULES: I. Manifests required by law.. II. General inward passenger movement, collectors' duties.. XXXII. Record books and indexes under naturalization law.. Page. 66 67 67 67 67 67 68-70 70 71-72 72 72-74 74 74-75 75 DEPARTMENT OF COMMERCE AND LABOR, BUREAU OF IMMIGRATION AND NATURALIZATION, Washington, July 1, 1907. NOTE. Wherever, in the following rules, the expression Immigration Act" is used, it shall be understood to refer to the act entitled "An act to regulate the immigration of aliens into the United States," approved February 20, 1907; and wherever a numbered section is mentioned it shall be understood to refer to the section of that number in said act, unless explicitly stated to the contrary. Philippine Is- The following rules do not apply to aliens seeking adRegulations mission to the Philippine Islands, the administration of not applicable the immigration laws and the collection of head tax therein having been vested in the officers of the general government of those islands by section 6 of the act approved February 6, 1905. RULES RELATING TO HEAD TAX. RULE 1. Collection of head tax.-The head tax imposed Collection by section 1 of the Immigration Act is to be levied and collected in respect of all aliens entering the United States, except such as are described in Rule 2 hereof. Certification of, to collector; Upon the arrival of any aliens at any seaport of the United States, the immigration officer in charge shall certify to the collector of customs the number of aliens on account of whom the tax is payable and the name of the person required to pay the same. Upon receipt of such certificate, the collector of customs shall forthwith collect a tax of four dollars for each alien so certified. Deposit of; The tax collected on account of aliens who are not per of; mitted to land, but are held for examination by a board Refundment of special inquiry, and the tax collected on account of aliens permitted to enter for the purpose of passing in transit through the United States, shall be held as a special deposit, to be refunded, in the one case, when an alien detained for examination has been excluded, and in the other, when an alien proceeding in transit through the United States has left the country. The collections so made shall no longer be held on special deposit, but shall be accounted for in the regular manner, in the case of aliens detained for examination, so soon as it shall appear that they are admitted, and, in the case of aliens entering for the purpose of transit, if, at the expiration of thirty days, it is not shown that they have passed out of the country. The head tax payable on account of aliens entering the United States from foreign contiguous territory shall be levied and collected, at Mexican border ports, according to the provisions of Rule 27 hereof, and at Canadian border ports according to the terms of an agreement between the Commissioner-General of Immigration and certain transportation companies, embodied in Rules 24 and 25 hereof. RULE 2. Exemptions from head tax.-The head tax shall not be levied in respect of the following aliens: Excluded (a) Aliens who do not enter the United States because excluded from admission thereto by the Immigration Act. aliens ; (Secs. 1 and 2.) (b) Diplomatic and consular officers and other accredited officials of foreign governments, their suites, families, and guests coming to the United States to reside or to pass through in transit. (Sec. 41.) Diploma tic officers; Canada, New (c) Aliens who shall enter the United States after an Residents uninterrupted residence of at least one year, immediately found 1 and, preceding such entrance, in the Dominion of Canada, Cuba, and Newfoundland, the Republic of Cuba, or the Republic of Mexico. Satisfactory evidence of such uninterrupted residence will be required in the case of all aliens on whose behalf exemption from the payment of head tax is claimed on this ground. Immigration officers must exercise a wise discretion as to the nature and degree of proof which will suffice in particular cases. A reasonable de gree of certainty as to the truth of the claim will be suffi- (e) Aliens who enter the United States only for the purpose of transit to foreign destinations. Collections made in respect of such aliens will be held on special deposit and will be refunded pursuant to Rules 1 and 41. (Sec. 1.) Residents insular posses Transits; continuous (f) Aliens who have been lawfully admitted to the Aliens in United States and who later shall go in transit from one journey; part of the United States to another through foreign contiguous territory. Satisfactory evidence of such previous lawful admission and of previous payment of head tax shall be required in the case of aliens on whose behalf this exemption is claimed, as in paragraph (c) of this rule. Personal knowledge on the part of an immigra Head tax: At ports of Guam, Porto waii. tion officer, or a written statement from such an officer based on an examination of official records certifying to the fact of previous entry and payment of tax, will be sufficient. As evidence of the continuity of the transit, production of a dated passenger ticket, where such exists, may be required. (Sec. 1.) (g) Aliens arriving in Guam, Porto Rico, or Hawaii; Rico, and Ha- but if any such alien, not having become a citizen of the United States, shall later arrive at any port or place of the United States on the North American Continent the provisions for the levy and collection of head tax shall apply. (Sec. 1.) fund: for. Accounting Immigrant RULE 3. Accounting for head tax and other receipts.All moneys collected on account of head tax, as well as for receipts all moneys collected for rentals of exclusive privileges at United States immigrant stations and all moneys collected as fines for violations of the immigration laws (whether imposed by the Department or the courts), shall be deposited to the credit of the Treasurer of the United States on account of the "immigrant fund," with an assistant treasurer of the United States, or national-bank depositary, in the same manner as other miscellaneous collections are deposited. Separate accounts of the receipts and expenditures of money under the act shall be rendered monthly to the Secretary of the Treasury through the Department of Commerce and Labor on forms to be furnished by the Government for the purpose. RULES RELATING TO ADMISSION OR EXCLUSION. RULE 4. Application of Immigration Act. The provisions of the Immigration Act apply to all aliens seeking to enter the United States, except accredited_officials of foreign governments, their suites, families, and guests. The act also prescribes the conditions of their admission to or exclusion from the United States, or any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone. The act becomes effective when such aliens arrive from any foreign country, or other place without the jurisdiction of the United States, or from the Canal Zone. The provisions of the Immigration Act do not apply to aliens who have once been duly admitted to the United States or any waters, territory, or other place subject to the jurisdiction thereof, proceeding to or from the continental territory of the United States, except aliens coming from the Canal Zone, and except Japanese or Korean laborers coming from Hawaii, with passports limited to Hawaii, Mexico, or Canada. The admission of aliens coming from the Canal Zone is governed by the regulations applicable to aliens generally; the admission of Japanese or Korean laborers to the continental territory of the United States is governed by the provisions of the Executive order of the President embodied in Rule 21 hereof. RULE 5. Examination of aliens. No alien who falls within one of the classes of persons enumerated and defined in section 2 of the Immigration Act or in the Executive order embraced in Rule 21 hereof shall be admitted to the United States, nor (with the exception of the Isthmian Canal Zone) to any waters, territory, or other place subject to the jurisdiction thereof. Every alien seeking to enter the United States, as thus defined, who does not fall within any of the classes so enumerated, shall be admitted. Examination: Who excludable upon; der 16; Children under sixteen years of age, unaccompanied by Children unone or both of their parents, shall not be permitted to enter the United States, if it appears, or the circumstances indicate, that they are to be placed in forced or "padrone" servitude or in any employment unsuited to .their years. Primary inspection; Board special inquiry inspec Appeals: Notifying alien of right Every alien arriving at a port of the United States shall be promptly examined, as by law provided, either on shipboard or at some other place designated for that purpose. Every alien who may appear to the examining immigrant inspector to be clearly and beyond doubt entitled to land shall be at once admitted; every alien who may not appear to be clearly and beyond a doubt entitled to land tion. shall be detained for examination by a board of special inquiry, which examination shall be promptly conducted separate and apart from the public, and, upon the conclusion thereof, the alien shall be either immediately landed or ordered excluded and returned to the country whence he came. If an appeal lies, the alien shall be informed of his right thereto, and the fact that he has been so informed shall be entered of record in the minutes of the board's proceedings. If the alien elects to appeal, he must, to enable officers to comply with the provisions of section 19, file notice of such appeal not less than fortyeight hours prior to the sailing of the first vessel by which his return may be effected, unless such sailing occurs less than forty-eight hours after the order of deportation is made. But in no event shall an appeal be considered after an alien has, in consequence of an adverse decision of a board of special inquiry, been transferred from an immigrant station to be excluded, unless such transfer has been made to prevent congestion, or danger of contagion, as provided by Rule 8 hereof. to; of; Filing notice When per When permissible; RULE 6. Appeals.-An appeal may be taken from any missible; decision of a board of special inquiry which determines whether an alien shall be admitted or excluded, by the alien himself or by a dissenting member of the board; but no appeal may be taken from a decision of a board of special inquiry, based upon the certificate of the examining medical officer, whereby an alien is rejected as being affected with tuberculosis or with a loathsome or dangerous contagious disease, or with any mental or physical disability which would bring such alien within any of not |