Page:American Journal of Sociology Volume 15.djvu/39

 THE IMMIGRANT'S BILL OF RIGHTS 4$

But in treating "prior" cases that are subject to deportation the rights of the ahens are guarded in a noteworthy manner. Rules 32 to 35 inclusive, of the Immigration Regulations indicate the procedure to be followed in the case of an alien who becomes a public charge within the statutory period from causes existing prior to landing. These preliminary requirements embrace ( i ) the submission of an "unequivocal" medical certificate by the institution in which the alien is a pubUc charge; (2) the securing of an official verification of landing from the records at the port of the alien's entry; (3) a formal application for warrant of arrest from the immigration officer,, to whose attention the case has been brought, addressed to the department at Washington; and (4) a hearing under the terms of the warrant (if issued) accorded the alien, who is apprised in advance of his right to be represented by counsel so that he may be enabled to show cause, if any, why he should not be deported in conformity to law. After consideration of all the evidence (which includes a supple- mentary certificate from the physician in charge indicating whether the condition of the alien is such as to require special care and attention during the ocean voyage) the Secretary of the Department may issue a warrant of deportation if he is satisfied that the alien is here in violation of law. In other cases of aliens who may be found subject to expulsion the preliminary procedure is practically identical. These aliens, also, pending a decision in their cases, may be released from custody on the giving of a suitable bond.

The law, however, has not been satisfied with the adoption of measures reasonably to safeguard the fundamental rights of the immigrant. Not content with this very creditable achievement it proceeds further and incidentally protects the immigrant's reputation by avoiding the opprobrium which in this country attaches to any form of economic dependence upon the com-

this exception the existing laws and regulations do not provide for the deportation of an alien on the basis of a criminal record established after landing. It must be shown that he has, prior to arrival, "been convicted of or admits having committed a felony or other crime or misdemeanor involving moral turpitude ;" and then only within a period of three years from the date of landing is he liable to expulsion.