Section 3
SEC. 3. Section thirty-seven of the same Act is hereby amended by changing the period at the end of subparagraph (8) of paragraph (a) thereof to a semicolon, and by adding a new subparagraph after the said subparagraph (8) of paragraph (a) to be known as subparagraph (9), which shall read as follows: "(9) Any alien who commits any of the acts described in sections forty-five and forty-six of this Act, independent of criminal action which may be brought against him: Provided, That in the case of an alien who, for any reason, is convicted and sentenced to suffer both imprisonment and deportation, said alien shall first serve the entire period f his imprisonment before he is actually deported: Provided however, That the imprisonment may be waived by the Commissioner of Immigration with the consent of the Department Head, and upon payment by the alien concerned of such amount as the Commissioner may fix and approved by the Department Head."