A-14088, JUNE 2, 1926, 5 COMP. GEN. 955

A-14088: Jun 2, 1926

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HIS BURIAL EXPENSES ARE CHARGEABLE TO THE APPROPRIATION "EXPENSES OF REGULATING IMMIGRATION. " IF THE DECEASED DOES NOT HAVE ASSETS SUFFICIENT TO PAY SAID EXPENSES. A WARRANT WAS ISSUED BY THE SECRETARY OF LABOR FOR THE TAKING INTO CUSTODY OF AN ALIEN. IN THAT HE WAS LIKELY TO BECOME A PUBLIC CHARGE AT THE TIME OF HIS ENTRY. WERE AUTHORIZED. THE ALIEN WAS TAKEN INTO CUSTODY BY THE IMMIGRATION AUTHORITIES AND WHILE IN SUCH CUSTODY DIED. WAS EMPLOYED TO RENDER THE REQUIRED SERVICES. AN ITEMIZED BILL WAS RENDERED TO THE COMMISSIONER OF IMMIGRATION FOR $128. WHICH WAS APPROVED BY THE BUREAU OF IMMIGRATION FOR PAYMENT FROM THE APPROPRIATION NAMED AND FORWARDED TO THIS OFFICE FOR DIRECT SETTLEMENT.

A-14088, JUNE 2, 1926, 5 COMP. GEN. 955

BURIAL EXPENSES - ALIENS HELD FOR DEPORTATION WHERE AN ALIEN DIES WHILE IN THE CUSTODY OF THE IMMIGRATION AUTHORITIES UNDER A WARRANT ISSUED BY THE SECRETARY OF LABOR FOR VIOLATION OF THE IMMIGRATION LAWS, HIS BURIAL EXPENSES ARE CHARGEABLE TO THE APPROPRIATION "EXPENSES OF REGULATING IMMIGRATION," IF THE DECEASED DOES NOT HAVE ASSETS SUFFICIENT TO PAY SAID EXPENSES.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 2, 1926:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT NO. 041362, DATED NOVEMBER 20, 1924, DISALLOWING THE CLAIM OF C. F. FREDERICK FOR $128 FOR SERVICES RENDERED IN CONNECTION WITH THE BURIAL OF YRJO AUGUST LOUBE, AN ALIEN WHO DIED MAY 24, 1924, AT ALBANY, N.Y., WHILE BEING DETAINED BY THE IMMIGRATION AUTHORITIES OF THE UNITED STATES FOR VIOLATION OF THE IMMIGRATION LAWS AND PENDING DETERMINATION OF THE QUESTION OF HIS DEPORTATION UNDER SAID LAWS.

IT APPEARS THAT ON DECEMBER 15, 1923, A WARRANT WAS ISSUED BY THE SECRETARY OF LABOR FOR THE TAKING INTO CUSTODY OF AN ALIEN, YRJO AUGUST LOUBE, WHO HAD ENTERED THE UNITED STATES NEAR CHATEAUGAY, N.Y., ON DECEMBER 12, 1923, IN VIOLATION OF THE IMMIGRATION ACT OF FEBRUARY 5, 1917, IN THAT HE WAS LIKELY TO BECOME A PUBLIC CHARGE AT THE TIME OF HIS ENTRY, AND THAT HE ENTERED WITHOUT INSPECTION. THE WARRANT FURTHER STIPULATED THAT THE EXPENSES OF DETENTION THEREUNDER, IF NECESSARY, WERE AUTHORIZED, PAYABLE FROM THE APPROPRIATION "EXPENSES OF REGULATING IMMIGRATION, 1924.' THE ALIEN WAS TAKEN INTO CUSTODY BY THE IMMIGRATION AUTHORITIES AND WHILE IN SUCH CUSTODY DIED. UPON BEING ADVISED OF THE DEATH THE THEN COMMISSIONER OF IMMIGRATION DETAILED AN INSPECTOR TO ALBANY TO MAKE THE NECESSARY ARRANGEMENTS FOR HIS BURIAL, AND C. F. FREDERICK, AN UNDERTAKER, WAS EMPLOYED TO RENDER THE REQUIRED SERVICES. AN ITEMIZED BILL WAS RENDERED TO THE COMMISSIONER OF IMMIGRATION FOR $128, WHICH WAS APPROVED BY THE BUREAU OF IMMIGRATION FOR PAYMENT FROM THE APPROPRIATION NAMED AND FORWARDED TO THIS OFFICE FOR DIRECT SETTLEMENT, WHERE IT WAS DISALLOWED IN THE SETTLEMENT HERE UNDER REVIEW FOR THE REASON THAT THE APPROPRIATION PROPOSED TO BE CHARGED WAS NOT AVAILABLE FOR SUCH PAYMENT.

SECTION 19 OF THE ACT OF FEBRUARY 5, 1917, 39 STAT. 889, PROVIDES THAT:

* * * AT ANY TIME WITHIN THREE YEARS AFTER ENTRY, ANY ALIEN WHO SHALL HAVE ENTERED THE UNITED STATES BY WATER AT ANY TIME OR PLACE OTHER THAN AS DESIGNATED BY IMMIGRATION OFFICIALS, OR BY LAND AT ANY PLACE OTHER THAN THE ONE DESIGNATED AS A PORT OF ENTRY FOR ALIENS BY THE COMMISSIONER GENERAL OF IMMIGRATION, OR AT ANY TIME NOT DESIGNATED BY IMMIGRATION OFFICIALS, OR WHO ENTERS WITHOUT INSPECTION, SHALL UPON THE WARRANT OF THE SECRETARY OF LABOR, BE TAKEN INTO CUSTODY AND DEPORTED. * * * AND SECTION 20 OF THE SAME ACT PROVIDES THAT:

* * * IF DEPORTATION PROCEEDINGS ARE INSTITUTED AT ANY TIME WITHIN FIVE YEARS AFTER THE ENTRY OF THE ALIEN, SUCH DEPORTATION, INCLUDING ONE-HALF OF THE ENTIRE COST OF REMOVAL TO THE PORT OF DEPORTATION, SHALL BE AT THE EXPENSE OF THE CONTRACTOR, PROCURER, OR OTHER PERSON BY WHOM THE ALIEN WAS UNLAWFULLY INDUCED TO ENTER THE UNITED STATES, OR, IF THAT CAN NOT BE DONE, THEN THE COST OF REMOVAL TO THE PORT OF DEPORTATION SHALL BE AT THE EXPENSE OF THE APPROPRIATION FOR THE ENFORCEMENT OF THIS ACT, AND THE DEPORTATION FROM SUCH PORT SHALL BE AT THE EXPENSE OF THE OWNER OR OWNERS OF SUCH VESSELS OR TRANSPORTATION LINE BY WHICH SUCH ALIENS RESPECTIVELY CAME, OR, IF THAT IS NOT PRACTICABLE, AT THE EXPENSE OF THE APPROPRIATION FOR THE ENFORCEMENT OF THIS ACT. * *

THE APPROPRIATION FOR REGULATION OF IMMIGRATION FOR THE FISCAL YEAR 1924 INCLUDES THE FOLLOWING PROVISION:

* * * ENFORCEMENT OF THE PROVISIONS OF THE ACT OF FEBRUARY 5, 1917, ENTITLED "AN ACT TO REGULATE THE IMMIGRATION OF ALIENS TO AND THE RESIDENCE OF ALIENS IN THE UNITED STATES," AND ACTS AMENDATORY THEREOF.

BY DECISION OF MAY 7, 1907, 13 COMP. DEC. 707, THE COMPTROLLER OF THE TREASURY HELD THAT THE APPROPRIATION KNOWN AS THE "IMMIGRATION FUND," WHICH UNDER SECTION 1 OF THE ACT OF MARCH 3, 1903, 32 STAT. 1213, WAS AVAILABLE TO DEFRAY THE EXPENSE OF REGULATING IMMIGRATION OF ALIENS IN THE UNITED STATES, WAS, UNDER SECTION 20 OF THE SAME ACT WHICH IS SIMILAR IN TERMS TO SECTION 20 OF THE ACT OF FEBRUARY 5, 1917, SUPRA, AVAILABLE FOR THE HOSPITAL CHARGES OF ALIENS WHO HAD BEEN ADMITTED INTO THE UNITED STATES AND WHO HAD SUBSEQUENTLY BEEN FOUND NOT ENTITLED TO BE ADMITTED OR WHO HAD SUBSEQUENTLY BEEN FOUND TO BE A PUBLIC CHARGE FROM CAUSES EXISTING PRIOR TO THEIR ENTRY. BY DECISION OF DECEMBER 11, 1911, 18 COMP. DEC. 442, IT WAS HELD THAT THE APPROPRIATION FOR THE EXPENSE OF REGULATING IMMIGRATION WAS PROPERLY CHARGEABLE WITH THE EXPENSE OF SUBSISTING ALIENS ORDERED DEPORTED BY THE SECRETARY OF COMMERCE AND LABOR AND DETAINED IN THE CUSTODY OF THE IMMIGRATION AUTHORITIES. APPLYING THE PRINCIPLE OF THOSE DECISIONS TO THE INSTANT CASE, THE EXPENSE INCURRED IN DETAINING THE ALIEN IN CUSTODY, INCLUDING MAINTENANCE AND HOSPITALIZATION, WAS PROPERLY CHARGEABLE TO THE APPROPRIATION OF THE IMMIGRATION SERVICE. UPON HIS DEATH HIS BURIAL WAS NECESSARY AS A SANITARY MEASURE, AND THE EXPENSE THEREOF WAS AN INCIDENT TO HIS DETENTION. ACCORDINGLY, THE COST OF THE BURIAL WAS ALSO CHARGEABLE TO SUCH APPROPRIATION.

WHILE IT DOES NOT APPEAR THAT AN AGREEMENT WAS ENTERED INTO FIXING THE COMPENSATION TO BE PAID FOR THE SERVICES RENDERED, IT DOES APPEAR THAT SUCH SERVICES WERE RENDERED IN GOOD FAITH, IN AN EMERGENCY AND THE CHARGES DO NOT APPEAR TO BE IN EXCESS OF THE AMOUNTS GENERALLY CHARGED TO THE PUBLIC FOR SIMILAR SERVICES.