Speech #810008134

Additional sanctions seem required. however. to curb this practice. and there is need for some penal provision against the owners and masters of the vessels. This Department recommends the enactment of appropriate legislation. Stowaways are now excludable under section 3 of the Immigration Act of February 5. 1917 (8 U. S. C. 136). but the statute authorizes the Attorney General In his discretion to admit the stowaway If he is otherwise admissible. This language was written into the act of 1917 prior to the enactment of later Immigration statutes which made necessary certain documents including immigration visas in order for aliens to enter the United States. At that time there was no numerical restriction on immigration. It was therefore not believed that the fact that an alien was a stowaway should be a mandatory cause of exclusion. Invariably an alien stowaway not only avoids the payment of his passage to this country. but also Is lacking any appropriate immigration documents for admission to the United States. The language authorizing the Attorney General to admit stowaways. if otherwise admissible. is therefore usually meaningless and should be repealed. This Department is convinced that the practice of stowing away on vessels proceeding to this country can best be minimized by legislation placing certain responsibilities. subject to penalties. upon transport lines engaged in transoceanic travel. Examples of other sanctions of similar nature may be found in sections 9 and 10 of the Immigration Act of February 5. 1917 (8 U. S. C. 145. 146). and In sections 16 and 20 of the Immigration Act of July 1. 1924 (8 U. S. C. 167. 216). Enclosed herewith is a draft of a bill to effectuate the foregoing recommendations. It would repeal the discretion in the Attorney General to admit stowaways and would provide penalties In the sum of $1.000 to be paid by the owner or master of any vessel arriving in the United States with a stowaway aboard and a penalty in like sum for failure to comply with certain orders of immigrant inspectors in relation to such stowaways. The bill would further authorize the Attorney General to mitigate the penalty for bringing a stowaway to this country to not less than $200 each in proper cases. A similar bill was introduced In the Eightieth Congress at the request of this Department.