§258 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

If an arrested person shows they are a U.S. citizen, they must be released right away and handled by the normal courts. If citizenship is not shown and a judge, based on the papers in section 257, finds there is enough initial proof that the matter only concerns the ship’s internal order or does not directly affect U.S. law or the rights of U.S. citizens, the judge must either send the person to a place where federal prisoners are kept or, at the judge’s choice, return the person to the ship’s master to be under the ship’s and its nation’s consular control. No one may be held more than two months after arrest; after that they must be freed and cannot be arrested again for the same cause. The consular officers who requested the arrest must pay the arrest and detention costs. The rule does not allow arrest or imprisonment of officers or seamen who desert, or are charged with desertion, from foreign merchant ships in the United States and its territories, nor authorize cooperation to carry out such arrests.

Title 22, §258

Foreign Relations and Intercourse — Source: USLM XML via OLRC

If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or magistrate judge finds, upon the papers referred to in section 257 of this title, a sufficient prima facie case that the matter concerns only the internal order and discipline of such foreign vessel, or whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or, in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control, and discipline of such master or chief officer, and to the jurisdiction of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the United States or any State thereof. No person shall be detained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officers making the application: Provided, That nothing in this section or section 257 of this title shall authorize the arrest or imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and Territories and possessions thereof, and the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 4081 derived from act June 11, 1864, ch. 116, § 2, 13 Stat. 121.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted in text for “magistrate” pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

§258 Commitment and Discharge