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Historical Note

This section and sections 215-217, post, and consular service appropriation act for of this title, were a part of the diplomatic the fiscal year 1921, cited above.

$215. Fees for visa of alien's passport. There shall be collected and paid into the Treasury of the United States quarterly a fee of $1 for executing each application of an alien for a visa and $9 for each visa of the passport of an alien: Provided, That no fee shall be collected from any officer of any foreign Government, or members of his immediate family, its armed forces, or of any State, district, or municipality thereof, traveling to or through the United States. (June 4, 1920, c. 223,* 41 Stat. 750.)

"g 2," should be inserted.

Editorial comment.-The words "except as the following fees are reduced or abolished by the President under paragraph (i) of section 202 of Title 8, Aliens and Citizenship," might well be inserted at the beginning of this section.

Paragraph (i) of section 202 of Title 8, aforesaid, authorizes the reduction or abolition of visa fees as to aliens who are not immigrants and whose countries grant similar privileges.

Historical Note

As originally enacted, this section contained the following additional words, which were evidently omitted as obsolete: "Or of any soldiers coming within the terms of the public resolution approved

October 19, 1918 (Fortieth Statutes at Large, part 1, page 1014)." See, also, historical note to section 214, ante, of this title.

Cross-References

For provisions relating to immigration visas, applications therefor, and fees, see sections 202-209 of Title 8, Aliens and Citizenship.

§ 216. Return of fees on refusal to visa. Whenever the appropriate officer within the United States of any foreign country refuses to visa a passport issued by the United States, the Department of State is hereby authorized upon request in writing and the return of the unused passport within six months from the date of issue to refund to the person to whom the passport was issued the fees which have been paid to Federal officials, and the money for that purpose is hereby appropriated and directed to be paid upon the order of the Secretary of State. (June 4, 1920, c. 223,* 41 Stat. 751.)

"g 4," should be inserted.

Historical Note

See historical note to section 214, ante, of this title.

8 217. Time limitation as to validity of passport or visa. The validity of a passport or visa shall be limited to two years, unless the

Secretary of State shall by regulation limit the validity of such passport or visa to a shorter period. (June 4, 1920, c. 223,* 41 Stat. 751.)

*" 3," should be inserted.

Historical Note

See historical note to section 214, ante, of this title.

§ 218. Returns as to passports issued, etc. All persons who shall be authorized to grant, issue, or verify passports, shall make return of the same to the Secretary of State, in such manner and as often as he shall require; and such returns shall specify the names and all other particulars of the persons to whom the same shall be granted, issued, or verified, as embraced in such passport. (R. S. § 4077.)

Historical Note

R. S. § 4077, cited to the text, was derived from Act May 30, 1866, c. 102, 14 Stat. 54. Notes of Decisions

Passport as evidence of citizenship, see notes of decisions under section 212, ante, of this title.

§ 219. Issuance of false passport; penalty. If any person acting or claiming to act in any office or capacity under the United States, its possessions, or any of the States of the United States, who shall not be lawfully authorized so to do, shall grant, issue, or verify any passport or other instrument in the nature of a passport to or for any person whomsoever, or if any consular officer who shall be authorized to grant, issue, or verify passports shall knowingly and willfully grant, issue, or verify any such passport to or for any person not owing allegiance, whether a citizen or not, to the United States, he shall be imprisoned for not more than one year or fined not more than $500, or both; and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. (*June 14, 1902, c. 1088, § 3, 32 Stat. 386.)

"R. S. & 4078;" should be added to this citation.

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ture of a passport which can be issued lawfully by a state officer. Id.

Certain papers issued by the mayor of Savannah, Ga., and also by a notary public at Cedar Keys, Fla., containing the essentials of a passport, and intended to be used in traveling in a foreign country, held a violation of this section. (1884) 17 Op. Atty. Gen. 674.

2. Officers prohibited from issuing passports. The prohibition contained in this section is not confined to the issuing and verifying of such passports or certificates in foreign countries, but applies equally to state and federal functionaries residing here. (1859) 9 Op. Atty. Gen. 350.

§ 220. False statement in application; use of passport obtained by false statement; penalty. Whoever shall willfully and knowingly make any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws, or whoever shall willfully and knowingly use or attempt to use, or furnish to another for use, any passport the issue of which was secured in any way by reason of any false statement, shall be fined not more than $2,000 or imprisoned not more than five years or both. (June 15, 1917, c. 30, Title IX, § 2, 40 Stat. 227.)

Historical Note

See historical note to section 213, ante, of this title.

§ 221. Unlawful use of passport; penalty. Whoever shall willfully and knowingly use, or attempt to use, any passport issued or designed for the use of another than himself, or whoever shall willfully and knowingly use or attempt to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports, which said rules shall be printed on the passport; or whoever shall willfully and knowingly furnish, dispose of, or deliver a passport to any person, for use by another than the person for whose use it was originally issued and designed, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 15, 1917, c. 30, Title IX, § 3, 40 Stat. 227.)

Historical Note

See historical note to section 213, ante, of this title.

§ 222. Forging, alteration, etc., of passport; penalty. Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, counterfeited, mutilated, or altered any passport or instrument purporting to be a passport, with

intent to use the same, or with intent that the same may be used by another; or whoever shall willfully or knowingly use, or attempt to use, or furnish to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 15, 1917, c. 30, Title IX, § 4, 40 Stat. 227.)

Historical Note

See historical note to section 213, ante, of this title.

§ 223. War-time restrictions generally. When the United States is at war, if the President shall find that the public safety requires that restrictions and prohibitions in addition to those provided otherwise than by this section, and the three following, be imposed upon the departure of persons from and their entry into the United States, and shall make public proclamation thereof, it shall, until otherwise ordered by the President or Congress, be unlawful

(a) For any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President shall prescribe;

(b) For any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section and the three following;

(c) For any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;

(d) For any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use;

(e) For any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;

(f) For any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;

(g) For any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid. (May 22, 1918, c. 81, § 1, 40 Stat. 559.)

Historical Note

This section and sections 224-226, post, of this title, were "An act to prevent in time of war departure from or entry into the United States contrary to the public safety," cited above.

See section 227, post, of this title, continuing said sections in force and effect in so far as they relate to requiring passports and visas from aliens seeking to come to the United States.

Provisions similar to those of this section and sections 225 and 226, post, of this title, but relating solely to the entry of

aliens into the United States, were made by Act Nov. 10, 1919, c. 104, 41 Stat. 353. That act, by express provision therein, was to take effect upon the date when the 1918 act, cited to the text, ceased to be operative; and was to continue in effect until and including the 4th day of March, 1921. The section of the Act Nov. 10, 1919, c. 104, aforesaid, corresponding to section 225, post, of this title, prescribed a fine of not more than $5,000 or imprisonment for not more than five years, or both.

Notes of Decisions

Extent to which sections 223-226 of this title are continued in effect, see notes of decisions under section 227, post, of this title.

1. Validity.-This act (sections 223-226 of this title), was supported by the power of Congress to regulate the entry of aliens, as well as by the war powers of Congress. Sichofsky v. U. S. (C. C. A. Cal. 1922) 277 F. 762, affirming Ex parte Sichofsky (D. C. 1921) 273 F. 694.

2. Repeal.-Sections 223-226 of this title were not repealed by Act Nov. 10, 1919 (see historical note), covering the same subject, and providing that it should go into effect when said sections should cease to be operative, and continue in force until March 4, 1921; such sections not having ceased to be operative. Sichofsky v. U. S. (C. C. A. Cal. 1922) 277 F. 762, affirming (D. C. 1921) Ex parte Sichofsky (D. C. Cal. 1921) 273 F. 694.

3. Affidavits as equivalent of passport.An alien, entering the United States without a passport required by regulations made pursuant to Act May 22, 1918, § 1 (this section) continued in force by Act March 2, 1921 (section 227 of this title) cannot rely on affidavits made before departing from the United States, and before returning thereto, as the equivalent of a passport, nor can the government be es

topped by any representations made by its consular agent in the country from which such alien came. Takeyo Koyama v. Burnett (C. C. A. Hawaii, 1925) 8 F. (2d) 940.

4. Application.-Action of a special board of inquiry approved in excluding aliens applying for admission as temporary visitors, on the ground that they were without passports visaed by an American consul; the consul to whom they applied having refused visas. U. S. v. Phelps (D. C. Vt. 1926) 14 F. (2d) 679.

Aliens resident in the United States, who are not "hostile aliens," within the regulations adopted pursuant to this section, are free to go to and return from Canada without passports, and the arrest and an order for deportation of such aliens, because of their return to the United States without inspection was without warrant of law and void. In re Wysback (D. C. Mass. 1923) 292 F. 761.

5. Deportation of violator.-The Department of Labor is without authority to order an alien deported on ground, not charged in the warrant of arrest, and on which the alien has not had a hearing, that she entered on a passport not issued or designed for her use, in violation of Act May 22, 1918, § 1e [this section par. (e)]. Throumoulopolou v. U. S. (C. C. A. Me. 1925) 3 F. (2d) 803.

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