A-37776, AUGUST 4, 1931, 11 COMP. GEN. 47

A-37776: Aug 4, 1931

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ARE PAID BY CASHIERS' CHECKS WHICH ARE FOUND TO BE UNCOLLECTIBLE BECAUSE OF THE CLOSING OF THE BANKS ON WHICH DRAWN. UPON COMPLIANCE WITH WHICH THE UNCOLLECTIBLE CHECKS MAY BE SURRENDERED TO THE PERSONS WHOSE FEES THEY COVERED FOR SUCH CLAIM AS THEY MAY HAVE AGAINST THE BANKS ON WHICH SAID CHECKS WERE DRAWN. THESE CHECKS WERE SUBMITTED ON SCHEDULES OF COLLECTIONS TO THE DISBURSING CLERK OF THE DEPARTMENT AND BY HIM DEPOSITED IN HIS SPECIAL DEPOSIT ACCOUNT FOR COLLECTION. SUBSEQUENTLY THEY WERE RETURNED TO HIM BY THE TREASURY DEPARTMENT AS UNCOLLECTIBLE BECAUSE OF THE CLOSING OF THE BANKS ON WHICH THE CHECKS WERE DRAWN. THAT BUREAU IS AT A LOSS TO KNOW WHAT FURTHER ACTION. I THEREFORE HAVE THE HONOR TO REQUEST AN EXPRESSION OF YOUR VIEWS IN THE PREMISES.

A-37776, AUGUST 4, 1931, 11 COMP. GEN. 47

IMMIGRATION SERVICE - REENTRY FEES - UNCOLLECTIBLE CHECKS WHERE REENTRY FEES AS PROVIDED BY THE ACT OF MAY 26, 1924, 43 STAT. 158, ARE PAID BY CASHIERS' CHECKS WHICH ARE FOUND TO BE UNCOLLECTIBLE BECAUSE OF THE CLOSING OF THE BANKS ON WHICH DRAWN, THE ALIENS OR IMMIGRANTS SHOULD BE REQUIRED TO PAY THE FEES AS REQUIRED BY LAW, UPON COMPLIANCE WITH WHICH THE UNCOLLECTIBLE CHECKS MAY BE SURRENDERED TO THE PERSONS WHOSE FEES THEY COVERED FOR SUCH CLAIM AS THEY MAY HAVE AGAINST THE BANKS ON WHICH SAID CHECKS WERE DRAWN.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, AUGUST 4, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 23, 1931, AS FOLLOWS:

THIS DEPARTMENT HAS ON HAND THIRTY-NINE CASES OF CASHIERS' CHECKS IN THE AMOUNT OF $3.00 EACH, SUBMITTED TO THE BUREAU OF IMMIGRATION IN PAYMENT OF REENTRY PERMIT FEES. THESE CHECKS WERE SUBMITTED ON SCHEDULES OF COLLECTIONS TO THE DISBURSING CLERK OF THE DEPARTMENT AND BY HIM DEPOSITED IN HIS SPECIAL DEPOSIT ACCOUNT FOR COLLECTION. SUBSEQUENTLY THEY WERE RETURNED TO HIM BY THE TREASURY DEPARTMENT AS UNCOLLECTIBLE BECAUSE OF THE CLOSING OF THE BANKS ON WHICH THE CHECKS WERE DRAWN.

THE DISBURSING CLERK HAS MADE ADJUSTMENTS ON HIS RECORDS TO OFFSET THESE UNCOLLECTIBLE CHECKS AND HAS RETURNED THEM TO THE BUREAU OF IMMIGRATION. THAT BUREAU IS AT A LOSS TO KNOW WHAT FURTHER ACTION, IF ANY, IT SHOULD TAKE IN THE MATTER, AND I THEREFORE HAVE THE HONOR TO REQUEST AN EXPRESSION OF YOUR VIEWS IN THE PREMISES.

IT IS ASSUMED FOR THE PURPOSE OF THIS REPLY, THE MATTER NOT BEING CLEAR FROM YOUR COMMUNICATION, THAT THE CHECKS REFERRED TO IN YOUR LETTER CAN BE IDENTIFIED WITH THE IMMIGRANTS WHOSE REENTRY PERMIT FEES THEY REPRESENT. IF SUCH BE THE CASE, IT WOULD APPEAR THAT THE PROPER ACTION SHOULD BE TAKEN BY THE IMMIGRATION AUTHORITIES TO DEMAND FROM SUCH IMMIGRANTS THE PAYMENT OF THE FEES WHICH COULD NOT BE COLLECTED ON THE CHECKS IN QUESTION. IN EACH CASE WHERE THE FEE IS PAID THE UNCOLLECTIBLE CHECK MAY BE SURRENDERED TO THE IMMIGRANT FOR SUCH A CLAIM AS HE MAY HAVE AGAINST THE BANK WHOSE CHECK OR CHECKS ARE NOT COLLECTIBLE.

IT IS NOTED IT WAS PROVIDED BY THE ACT OF MAY 26, 1924 (43 STAT. 158), THAT FOR THE ISSUANCE OF A REENTRY PERMIT TO AN ALIEN, A FEE OF $3 SHOULD BE COLLECTED AND COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. APPEARS, ALSO, THAT BY RULE 25, SUBDIVISION B, PARAGRAPH 7, IMMIGRATION LAWS AND RULES OF JANUARY 1, 1930, IT WAS PROVIDED---

FOR THE ISSUANCE OF A PERMIT TO REENTER THE UNITED STATES AND FOR EACH EXTENSION THEREOF THERE SHALL BE PAID A FEE OF THREE DOLLARS ($3), WHICH SHALL ACCOMPANY THE APPLICATION. REMITTANCE SHALL BE MADE BY UNITED STATES POSTAL MONEY ORDER, OR EXPRESS MONEY ORDER, PAYABLE TO THE COMMISSIONER GENERAL OF IMMIGRATION: PROVIDED, THAT REMITTANCE FROM ABROAD SHALL BE MADE BY INTERNATIONAL MONEY ORDER, DRAWN ON WASHINGTON, D.C., AND PAYABLE IN AMERICAN DOLLARS TO THE COMMISSIONER GENERAL OF IMMIGRATION, OR FOREIGN EXCHANGE ON A BANK IN THE UNITED STATES, LIKEWISE PAYABLE IN AMERICAN DOLLARS TO THE COMMISSIONER GENERAL OF IMMIGRATION: AND PROVIDED FURTHER, THAT WHERE THE APPLICATION FOR A PERMIT OR AN EXTENSION THEREOF IS DENIED THE FEE SHALL BE RETURNED TO THE APPLICANT.

IN VIEW OF THESE PROVISIONS AND REGULATIONS IT IS NOT UNDERSTOOD WHY CASHIERS' CHECKS WERE ACCEPTED FOR THE PAYMENT OF THE FEES. IN ANY EVENT, IT WOULD APPEAR THAT SINCE THESE CHECKS GIVEN IN PAYMENT OF SUCH FEES ARE UNCOLLECTIBLE, THERE IS NO ALTERNATIVE BUT TO REQUIRE THE ALIEN IN EACH CASE TO REMIT THE AMOUNT OF THE FEE PRESCRIBED BY LAW.