A-8403599
Decided by Board March 14, 1957
Excludability — Section 212 (a) (12), Immigration and Nationality Act — Prostitution.
Inadmissibility under section 212 (a) (12) of the act is not established where applicant was paid by the owners of various houses of prostitution in Mexico for her services therein as a nurse and there is evidence that the employment was in furtherance of health regulations and was not in furtherance of prostitution.
EXCLUDABLE:
Act of 1952-Section 212 (a) (12) ( 8 U.S.C. 1182 (a) (12))-Has received the proceeds of prostitution.
BEFORE THE BOARD
Discussion: The case comes forward on appeal from the order of the special inquiry officer dated November 8, 1956, finding the applicant inadmissible on the ground stated above and ordering that she be excluded from the United States.
The applicant, a native and citizen of Mexico, 45 years old, female, married, applied for admission at the port of El Paso, Texas, on November 1, 1956, for the purpose of resuming residence in the United States after a brief visit to Mexico. Immigration records disclosed that the applicant was admitted for permanent residence at the port of El Paso, Texas, on November 25, 1952.
In a sworn statement dated November 1, 1956, and in her testimony at the hearing the applicant testified to part-time employment in the evenings as a nurse in various houses of prostitution in Juarez, Chih., Mexico, for a few months in 1948. She was so employed during the evening and earned approximately 300 pesos a month. During the day she had part-time employment at the Juarez Health Department and earned about 200 pesos a month. She was paid by the owner or manager of the house of prostitution for her employment at night at the house of prostitution. She testified that it was required by order of the Chief of the Health Department or "Sanidad" that a nurse must be on duty at all times at the house of prostitution when open for business. This situation arose in 1948 when the United States Army was having considerable difficulty with venereal diseases in Juarez and the Department of Health in Juarez ordered the owner or operator of each house of prostitution to have a nurse on duty at all times the house was open for business. The Health Department in charge of prostitutes requested the Juarez Health Department, which had nurses who were qualified, to examine the men and determine if they were infected or not. She stated that it was her duty to examine the male patrons of the house of prostitution and determine whether they were infected with any disease, to report infected men and to administer a prophylactic afterward to noninfected patrons. Affidavits of two witnesses are in substantial agreement with the basic parts of the applicant's testimony.
Excludability is predicated upon section 212 (a) (12) of the Immigration and Nationality Act, 8 U.S.C. 1182 (a) (12), which provides for the exclusion of aliens who have been supported by, or receive or have received, in whole or in part, the proceeds of prostitution.
The applicant has testified that her employment was in furtherance of health regulations and under a certain amount of control of the Health Department. It appears to have been the result of an arrangement worked out between the Health Department of Juarez and the United States Army for the avowed purpose of controlling the spread of venereal disease. Employment was not for the purpose of encouraging, aiding, abetting or furthering the practice of prostitution but was a preventive measure designed by the Mexican health authorities in a spirit of cooperation with United States Army authorities to control the ravages of venereal disease. Under such circumstances where there is no evidence that the employment was in furtherance of prostitution, it is concluded that this finding of inadmissibility should not be sustained. See Matter of De F----, 56018/797, 1 IN Dec. 29; Ex parte Abeldano, 11 F. Supp. 1021; cf. Katz v. Commissioner of Immigration, 245 Fed. 316.
Order: It is ordered that the appeal be sustained and that the applicant be admitted as a returning resident.