A-70529, APRIL 3, 1936, 15 COMP. GEN. 873

A-70529: Apr 3, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS PROPERLY CHARGEABLE WITH THE DEPORTATION EXPENSES OF AN ALIEN BROUGHT TO THE UNITED STATES UNDER EXTRADITION AT THE REQUEST OF A STATE AND TURNED OVER TO THE IMMIGRATION AUTHORITIES AFTER CONCLUSION OF THE STATE PROSECUTION PROCEEDINGS. WAS BROUGHT FROM ENGLAND TO THE UNITED STATES UNDER AN EXTRADITION ORDER SIGNED BY THE PRESIDENT UPON THE REQUEST OF THE GOVERNOR OF MASSACHUSETTS. UPON ARRIVAL IN BOSTON THE ALIEN WAS GIVEN A HEARING BY A BOARD OF SPECIAL INQUIRY TO DETERMINE HIS RIGHT TO ENTER THE UNITED STATES UNDER THE IMMIGRATION LAWS. HE WAS FOUND TO BE INADMISSIBLE AND WAS ORDERED EXCLUDED AND RETURNED TO ENGLAND AT THE EXPENSE OF THE STEAMSHIP COMPANY. DEPORTATION WAS SUSPENDED BY THE DEPARTMENT PENDING COMPLETION OF CRIMINAL PROSECUTION AND THE ALIEN WAS RELEASED TO THE STATE OF MASSACHUSETTS.

A-70529, APRIL 3, 1936, 15 COMP. GEN. 873

ALIENS - DEPORTATION EXPENSES THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1935," 48 STAT. 569, IS PROPERLY CHARGEABLE WITH THE DEPORTATION EXPENSES OF AN ALIEN BROUGHT TO THE UNITED STATES UNDER EXTRADITION AT THE REQUEST OF A STATE AND TURNED OVER TO THE IMMIGRATION AUTHORITIES AFTER CONCLUSION OF THE STATE PROSECUTION PROCEEDINGS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, APRIL 3, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 23, 1936, AS FOLLOWS:

WILLIAM MARSDEN, AN ALIEN AND A SUBJECT OF GREAT BRITAIN, WAS BROUGHT FROM ENGLAND TO THE UNITED STATES UNDER AN EXTRADITION ORDER SIGNED BY THE PRESIDENT UPON THE REQUEST OF THE GOVERNOR OF MASSACHUSETTS. HE SAILED FROM ENGLAND AUGUST 18, 1934, ON THE STEAMSHIP LACONIA OF THE CUNARD WHITE STAR, LIMITED, AND ARRIVED IN BOSTON, MASSACHUSETTS, AUGUST 27, 1934. UPON ARRIVAL IN BOSTON THE ALIEN WAS GIVEN A HEARING BY A BOARD OF SPECIAL INQUIRY TO DETERMINE HIS RIGHT TO ENTER THE UNITED STATES UNDER THE IMMIGRATION LAWS. HE WAS FOUND TO BE INADMISSIBLE AND WAS ORDERED EXCLUDED AND RETURNED TO ENGLAND AT THE EXPENSE OF THE STEAMSHIP COMPANY. HOWEVER, DEPORTATION WAS SUSPENDED BY THE DEPARTMENT PENDING COMPLETION OF CRIMINAL PROSECUTION AND THE ALIEN WAS RELEASED TO THE STATE OF MASSACHUSETTS. UPON COMPLETION OF THE PROSECUTION THE ALIEN WAS RETURNED TO THE IMMIGRATION AND NATURALIZATION SERVICE AND DEPORTED ON THE STEAMSHIP BRITTANIC OF THE CUNARD WHITE STAR, LIMITED, SAILING FROM BOSTON ON SEPTEMBER 23, 1934.

THE CUNARD WHITE STAR, LIMITED, HAS FILED, THROUGH THE STATE DEPARTMENT, A CLAIM IN THE AMOUNT OF $110.00 COVERING TRANSPORTATION OF THE ALIEN FROM BOSTON TO ENGLAND.

THERE ARE ENCLOSED COPIES OF LETTERS EXCHANGED BETWEEN THIS DEPARTMENT AND THE DEPARTMENT OF STATE, UNDER DATES OF DECEMBER 23, 1935, AND JANUARY 10, 1936, REGARDING THIS MATTER AND I SHALL BE GLAD IF YOU WILL ADVISE ME WHETHER THE COST OF RETURNING WILLIAM MARSDEN TO ENGLAND IS A PROPER CHARGE AGAINST THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE.'

IN VIEW OF THE FACT THAT THIS ALIEN WAS BROUGHT TO THE UNITED STATES UNDER EXTRADITION AT THE REQUEST OF THE GOVERNOR OF MASSACHUSETTS, THERE IS NO BASIS FOR CHARGING THE COST OF HIS RETURN TO ENGLAND TO THE CUNARD WHITE STAR, LIMITED, WHICH BROUGHT HIM TO THE UNITED STATES AND ON WHICH LINE HE WAS, AFTER THE PROSECUTION, DEPORTED TO ENGLAND.

THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1935 5805)," ACT OF APRIL 7, 1934, 48 STAT. 569, PROVIDES:

FOR ENFORCEMENT OF THE LAWS REGULATING IMMIGRATION TO, THE RESIDENCE IN, AND THE EXCLUSION AND DEPORTATION FROM THE UNITED STATES OF ALIENS, * * * CARE, DETENTION, MAINTENANCE, TRANSPORTATION, AND TRAVELING EXPENSES INCIDENT TO THE DEPORTATION AND EXCLUSION OF ALIENS, * * * AS AUTHORIZED BY LAW, IN THE UNITED STATES AND TO, THROUGH, OR IN FOREIGN COUNTRIES; * * * AND FOR ALL OTHER EXPENSES NECESSARY TO ENFORCE SAID LAWS, * * *

WHEN THE STATE OF MASSACHUSETTS CONCLUDED THE PROSECUTION OF THIS ALIEN AND TURNED HIM OVER TO THE IMMIGRATION AUTHORITIES IT HAD NO FURTHER INTEREST IN HIM; AND AS HIS STATUS WAS THEN SUCH THAT HE SHOULD BE DEPORTED, AND HE WAS DEPORTED, THE APPROPRIATION QUOTED, SUPRA, IS PROPERLY CHARGEABLE WITH THE DEPORTATION EXPENSES INVOLVED.