51464-1917-Persons-proposing-to-enter-the-United-States-to-have-passports-and-to-furnish-certain-information — Page 2

*

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 9, 1917.

641

law, he will be deported if practicable, or, if for any reason deportation should be found to be impracticable, will be held in detention indefinitely in an immigration station or other place of confinement, and that he is, with full understanding thereof, assuming all risks involved in a possible return trip in consequence of being rejected under such law. A wife or minor child who does not expect to reside with the husband or father in this country will be required to carry a separate declaration.

Each declaration must be affirmed or sworn to before a consular officer, or a diplo- matic officer of the United States, if specially authorized, and signed in triplicate, and a photograph of the declarant must be attached to each copy with an impression of the official seal. The declaration must be made at least two weeks before the date of intended departure, except in cases of extraordinary emergency. One copy of the declaration must be filed in the embassy, legation, or consulate by which the passport is first visaed, one copy forwarded immediately to the Commissioner of Immigration or inspector in charge at the port of entry by which the declarant expects to enter the United States, and one copy fastened to the passport of the declarant, in such a way that it may be removed upon his departure from the United States. The last mentioned must be presented with the passport to the official at the port of entry into this country who examines passports, and to the immigration official who inspects the holder, and to such other officials in the United States as may be authorized to inspect such documents.

copy

No fee shall be collected by diplomatic or consular officers of the United States for or in connection with the execution of such declaration or the visaing of passports.

No American embassy, legation, or consulate shall visa a passport of an alien enemy of the United States to enable him to enter this country unless special authorization of this Government has been previously obtained.

In order to prevent or avoid so far as possible the hardships and dangers involved in deportation under present conditions, a diplomatic or consular officer to whom a pass- port is presented for visa shall ascertain to the fullest extent practicable whether the holder is a member of any one of the classes excluded from the United States by the provisions of Section 3 of the Immigration Act of February 5, 1917, and if in the judg- ment of such official the alien is a member of any such excluded class he shall so advise the alien, informing him of the serious risk he is taking in attempting to enter the United States, and, if the alien nevertheless insists on proceeding, shall visa the passport if it is valid, but shall place upon the alien's declaration the notation: "Advised that he will probably be rejected and deported." In such case the consul making the notation shall write upon the copy of the declaration to be sent to the proper immigration official in the

United States a statement of his reasons for making it.

Aliens "likely to become a public charge," from whatsoever cause such likelihood may arise, are excluded by Section 3 of the Immigration Act (S. Rep. No. 352, 64th Cong., Ist. sess.). Unless, during the present state of war, aliens applying for admission present evidence by which their identity and nationality are positively proved, such aliens, if they enter the United States, are liable to be taken into custody as enemies and thereby become public charges. Therefore, immigration officials will exclude from the United States any alien who may apply for admission and not be in possession of a passport or other official document establishing his identity and nationality, visaed in the manner specified in this order, and will cause such alien to be returned to the country whence he came, at the expense of the transportation company involved: Provided, however, That such exclusion shall not be made in the cases of alien seamen arriving in ports of the United States, unless such seamen apply for permanent admission to this country, or unless it is necessary to require such papers in order to ascertain whether alien seamen are enemies of the United States; nor in the cases of aliens enter- ing temporarily from contiguous foreign territory to follow agricultural pursuits, in accorglance with the terms of Department of Labour circular of May 23, 1917, and the supplements thereto. Alien seamen not provided with passports or other official docu- ments showing their identity and nationality may be detained until they receive passports from the consular representatives of the countries whose nationality they claim. Any alien who enters the United States in violation of this order shall be arrested, in substantial conformity with rule 22 of the Immigration Rules, with a view to his deportation to the country whence he came, and his detention under proper restrictions until such deporta- tion can be effected.

FRANK L. POLK,

Acting Secretary of State,

W. B. WILSON,

Secretary of Labor.