Speech #680086290

CLMEr. In lieu of the matter beginning on page 19. line 12. and extending down to and including line 17 on page 23being sections 16 and 17stricken out on the recommendation of the Committee on Immigration. the Senator from Utah proposes to insert: Sc. 16. (a) Every alien employed on board of any vessel arriving in the United States from any place outside thereof shall be examined by an immigrant Inspector to determine whether or not (1) he is a bona fide seaman. and (2) he is an alien of the class described in subdivision (f). section 17. hereof. and by a surgeon of the United States Public Health Service to determine (3) whether or not lie is suffering with any of the disabilities or diseases specified in section 35 of the Immigration act of 1917. (b) If it is found that such alien is not a bona fide seaman. he shall be regarded as an immigrant. and the various provisions of this act and of the immigration laws applicable to immigrants shall be enforced in his case. From a decision holding such alien not to be a hona fide seaman the alien shall be entitled to appeal to the Secretary. and on the question of his admissibility as an Immigrant he shall be entitled to appeal to the Secretary. except where exclusion is based upon grounds nonappealable under the Immigration laws. If found inadmissible. such alien shall be deported. as a passenger. on a vessel other than that by which brought. at the expense of the vessel by which brought. and the vessel by which brought shall not be granted clearance until such expenses are paid or their payment satisfactorily guaranteed. APniL 18 (c) If It Is found that such alien Is subject to exclusion under subdivision (f) of section 17 hereof. the inspector shall order the master to hold such alien on board pending the receipt of further Instructions. (d) If it Is found that. although a bona fide seaman. such alien Is afflicted with any of the disabilIties of diseases specified in section 15 of the Immigration act of 1917. disposition shall be made of his case In accordance with the provisions of the act approved December. 1920. entitled "An act to provide for the treatment in hospital of diseased alien seamen." SEc. 17. (a) Upon the arrival (after the expiration of four months after the enactment of this act) of any vessel in the United States. It shall be the duty of the owner. agent. charterer. consignee. or master thereof to deliver to the immigration officer in charge at the port of arrival. In respect of each alien seaman employed on such vessel. a landing card In duplicate. containing such. seamans name. age. nationality. personal description. and the capacity in which employed. and having permanently attached thereto a photograph of such seaman. (b) If such alien employee is found upon examination not to be subject to detention or exclusion under any of the provisions of section 16 hereof. he shall be permitted temporarily to land during the stay of the vessel in port or for the purpose of reshipping on board any other vessel bound to a place outside the United States. and the immigration officer shall cause a fingerprint of the alien to be placed upon each copy of the landing card. Thereupon one colpy of the landing card shall be delivered to said seaman. and the other copy shall be filed In the archives of the immigration office at the port of arrival and properly Indexed for future reference. (c) If such a temporarily landed alien seaman remains in the United States without reshipping foreign for a period in excess of 60 days. such circumstance slall constitute prima face evidence of alandonment of calling and becoming an immigrant. and such alien shall thereupon be taken into custody by immigration officials and examined as though he were an Immigrant applying for admission. and unless such alien shows either that he has not abandoned his calling but Is still a bona fide seaman. or that lie Is il all respects admissible under this act and the immigration laws. such alien shall be deported In the manner prescribed by sections 19 and 20 of the immigration act of 1017. (d) Landing cards shall be printed on distinctive safety paper prepared and issued. under regulations prescribed under this act. at the expense of the owner. agent. consignee. charterer. or master of the vessel. The Secretary of Labor. with the cooperation of the Secretary of State. shall provide a means of obtaining blank landing cards outside the United States. (e) All vessels entering ports of the United States manned with crews engaged and taken on at foreign ports shall when departing from the United States ports carry a crew of at least equal number and any such vessel which falls to comply with this requirement shall be refused clearance. (f) No vessel shall enter a port of the United States. except in distress. having oil board us a member of the crew any alien who if he were applying for admission to the United States as an Immigrant laborer would be subject to exclusion under the Chinese exclusion laws. or under the sixth proviso to section 3 of the Immigration act of 191.7 and rule 7 of the immigration rules of February 1. 1924. or under the clause of section 3 of the immigration act of 1917 excluding by territorial limitations certain natives of Asia and of Islands adjacent thereto . except that any ship of the merchant marine of any one of the countries. islands. dependencies. or colonies Immigrant laborers coming from which are excluded by the said provisions of law shall be permitted to enter ports of the United States having on board in their crews aliens of said description who are natives of the particular country. Island. dependency. or colony to the merchant marine of which such vessel belongs. Any alien seaman brought Into a port of the United States in violation of this provision shall be excluded from admission or temporary landing and shall be deported either to the place of shipment or to tie country of his nativity. as a passenger. on a vessel other than that on which brought at the expense of the vessel by which brought. and the vessel by which brought shall not be granted clearance until such expenses are paid or their payment satisfactorily guaranteed. (g) The owner. agent. consignee. charterer. or master of the vessel who violates any of the provisions of this section shall pay to the collector of customs for the customs district in which the port of arrival is located the sum of $1.000 for each alien in respect of whom the violation occurs. and no vessel shall be granted clearance pending the determination of the liability to the payment of such fine. or while the fine remains unpaid. except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine.