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United States to another through foreign contiguous territory; a bona fide Filipino seaman serving as such on a vessel arriving at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman. (Nonimmigrants under sec. 3 of Immigration Act of 1924.)
(6) Nonquota immigrant.-An immigrant who is the unmarried child under 21 years of age, or the wife of a citizen of the United States or the husband of a citizen of the United States by a marriage occurring prior to June 1, 1928; an immigrant previously lawfully admitted into the United States who is returning from a temporary visit abroad; an immigrant who continuously for at least 2 years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, or professor of a college, academy, a seminary, or university and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; an immigrant who is a bona fide student at least 15 years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Secretary of Labor, which shall have agreed to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn; a woman who was a citizen of the United States and who prior to September 22, 1922, lost her citizenship by reason of her marriage to an alien, but at the time of her application for an immigration visa is unmarried (nonquota immigrants under sec. 4 of Immigration Act of 1924 as amended by secs. 1 and 2 of joint resolution approved May 29, 1928; 45 Stat.. 1009).
(c) Those admitted into Hawaii under an immigration visa.
3. A Foreign Service officer, commissioned as a consular officer in the Philippine Commonwealth by the Secretary of State of the United States shall perform such official acts and notarial and other services which such officer might properly perform in connection with the administration of the immigration laws if assigned to a foreign country.
4. The procedure for deportation and the application of penalties may be found in sections 18 and 20 of the Immigration Act of 1917 as amended. А Filipino citizen although admissible under the provisions of section 8 of the act of March 24, 1934 (Public No. 127, 73d Cong.) shall not be admitted into the United States if excluded by any provision of the immigration laws other than that said section and shall not be admitted into the United State if he is excluded by any provision of the same.
5. For purposes of interpreting terms used in section 8 of the act of March 24, 1934, the meaning assigned to them in the Immigration Act of 1924 shall hold.
6. The immigration, exclusion, and deportation of citizens of the Philippine Commonwealth who are not citizens of the United States shall be regulated by the following rules prescribed by the Secretary of Labor and Commissioner of Immigration and Naturalization :
RULE 33-IMMIGRATION, EXCLUSION, AND DEPORTATION OF CITIZENS OF THE PHILIPPINE
ISLANDS WHO ARE NOT CITIZENS OF THE UNITED STATES
1. The term “citizens of the Philippine Islands” as used in this rule means citizens of the Philippine Islands who are not citizens of the United States.
2. The Philippine Islands are to be considered a foreign country for the purposes of sections 18 and 20 of the Immigration Act of February 5, 1917. B. Exclusion.
1. After April 30, 1934, all citizens of the Philippine Islands upon arrival at ports or places of entry in the United States, except the Territory of Hawaii, shall be excluded from admission unless found to be admissible under
(1) The Immigration Act of February 5, 1917, and
(2) The Immigration Act of 1924, except subdivision (c) of section 13 thereof, and
(3) All other laws relating to the immigration, exclusion or expulsion of aliens, and
(4) The regulations made under such acts and laws not inconsistent with those prescribed in this rule.
2. After April 30, 1934, all citizens of the Philippine Islands, except those described in paragraph 3 of this subdivision, shall be excluded from the Territory of Hawaii if not in possession of immigration or passport visas or reentry permits, and unless found otherwise admissible under all acts, laws, and regulations specified in the preceding paragraph.
3. After April 30, 1934, a citizen of the Philippine Islands not in possession of an immigration or passport visa or reentry permit, and who is not exempted from having such documents by paragraphs (2) and (3) of subdivision E of this rule, shall be excluded from the Territory of Hawaii unless he is in pos-, session of documentary evidence showing that he is admissible to that Territory in accordance with the determination of the Department of the Interior based on the needs of the industries of Hawaii. A rightful holder of such documentary evidence shall be admitted to Hawaii without regard to the provisions of the immigration laws. C. Philippine citizens proceeding from Hawaii to continental United States.
1. After April 30, 1934, a citizen of the Philippine Islands applying for admission at ports or places of entry in continental United States from Hawaii shall be excluded unless found to be at the time of application for admission
(1) A nonimmigrant as defined in section 3 of the Immigration Act of 1924,
(2) A nonquota immigrant under section 4 of the 1924 act, except subdivision (c) thereof, or
(3) An immigrant admitted to the Territory of Hawaii for permanent residence under an immigration visa, and otherwise admissible under the immigration laws except for the requirement that he be in possession of an immigration or passport visa.
2. The admission of any citizen of the Philippine Islands found to be admissible under the preceding paragraph shall be under such terms and conditions as are applicable to aliens.
3. A citizen of the Philippine Islands residing in Hawaii who may legally enter continental United States may make application to the immigration officer in charge at Honolulu for a certificate of identity (Form 517) which shall be evidence of his right to enter continental United States. If that officer finds that the applicant is entitled to enter continental United States he shall issue such cerificate to the applicant showing the status under which admission to continental United States is sought. Upon arrival at continental United States a citizen of the Philippine Islands in possession of such certificate and upon identification as the rightful holder thereof, shall be presumed to be entitled to admission as indicated in the certificate. This presumption shall not be conclusive if material facts showing the applicant's inadmissibility are discovered. A citizen of the Phlippine Islands arriving at continental United States not in possession of such certificate shall be presumed to be inadmissible and shall be held for a hearing before a board of special inquiry where such presumption may be overcome by the presentation of competent evidence establishing his right of entry. All certificates of identity shall be surrendered to the appropriate immigration officer in charge at the port of arrival in continental United States and shall be retained and filed at such port. D. Deportation.
All citizens of the Philippine Islands shall be subject to deportation, and may be deported in the same manner as aliens, with the following execeptions:
(1) A citizen of the Philippine Islands who has resided in the United States continuously since April 30, 1934, shall not be subject to deportation for any act of his that occurred, or mental or physical disease, disability, or defect that existed prior to May 1, 1934.
(2) A citizen of the Philippine Islands permitted to enter Hawaii under paragraph 3 of subdivision B of this rule shall not be subject to deportation so long as he continues to reside therein under such permission. E. Returning residents.
1. A citizen of the Philippine Islands lawfully admitted to the United States for permanent residence and whose original entry occurred after April 30, 1934, may make application for a reentry permit in the same manner as any alien.
2. A citizen of the Philippine Islands lawfully admitted to the United States for permanent residence and whose original entry occurred after April 30, 1934, upon returning from a temporary visit to the Philippine Islands or any foreign country, may be readmitted under section 4 (b) of the Immigration Act of
1924 if in possession of a nonquota immigration visa duly issued and authenticated by an American consular officer, or a valid reentry permit. The applicant may be readmitted without such document if exempted under the regulations applicable to any alien from the requirement of presenting such visa or reentry permit, and is otherwise admissible under the immigration laws.
3. A citizen of the Philippine Islands, upon returning from a temporary visit to any foreign country or the Philippine Islands, may be readmitted to Hawaii without an immigration visa or a reentry permit upon establishing that,
(1) His residence in Hawaii began prior to May 1, 1934.
4. A citizen of the Philippine Islands upon returning from a temporary visit to any foreign country or the Philippine Islands may be readmitted to the United States without an immigration visa or a reentry permit upon establishing that
(1) His residence in the United States, except the Territory of Hawaii, began prior to May 1, 1934.
(2), His absence from the United States was temporary.
5. A citizen of the Philippine Islands whose residence in continental United States began prior to May 1, 1934, or who was lawfully admitted thereto for permanent residence after April 30, 1934, upon returning from a temporary visit to Hawaii may be readmitted to continental United States as a nonquota immigrant under paragraph (1) of subdivision of this rule.
AMENDMENTS TO IMMIGRATION RULES OF JANUARY 1, 1930, WITH RESPECT TO
1. The levy, collection, and payment of taxes.
(1) Clause (e), pararaph 1, subdivision G, rule 1 of the Immigration Rules of January 1, 1930, as amended, is amended to read : "That he is a resident or citizen of a possession of the United States, or a citizen of the Philippine Islands not a citizen of the United States admitted to the Territory of Hawaii without an immigration or passport visa in accordance with the provisions of paragraph (1) of section 8 (a) of the act of March 24, 1934.”
(2) Paragraph 6, subdivision J, rule 1 of the same rules is amended to read: "Head tax collected on account of aliens claiming to be residents or citizens of any possession of the United States, except the Philippine Islands, shall be refunded upon submission of satisfactory proof within 90 days after entry that alien is a resident of the Virgin Islands of the United States, in the case of a citizen of the Philippine Islands not a citizen of the United States admitted to the Territory of Hawaii without any immigration or passport visa in accordance wth the provisions of paragraph (1) of section 8 (a) of the act of March 24, 1934.”
(3) Clause (j), subdivision K, rule 1 of the same rules is amended to read: "Citizens and alien residents of the Virgin Islands of the United States, Puerto Rico, Hawaii, Guam, or citizens of the Philippine Islands not citizens of the United States admitted to the Territory of Hawaii without an immigration or passport visa in accordance with the provisions of paragraph (1) of section 8 (a) of the act of March 24, 1934." 2. Application of the phrase "arriving in the United States from any foreign port
or place." Paragraph 3, subdivision A, rule 7 of the same rules is amended to read : "Arriving in the United States from any foreign port or place” means arriving in "the United States, and any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone and the Philippine Islands," from any port or place in a foreign country, in the Canal Zone, the Philippine Islands, or any insular possession of the United States (secs. 1, 1931, and 33 to 36 of the act of February 5, 1917; sec. 1 of the Chinese Exclusion Act of April 29, 1902, as amended by sec. 5 of the Deficiency Act of April 27, 1904), or, in cases of Chinese persons or persons of Chinese descent, in the Territory of Hawaii (last-mentioned act and joint resolution of July 7, 1898). Ports of the Isthmian Canal Zone and of the Philippine Islands shall be deemed foreign ports, and any vessel entering and clearing from any such ports shall be subject to all the immigration laws, rules, and regulations applicable to vessels arriving in the United States from any foreign port or place.
3. Inclusion of the Philippines in the expression "reship foreign.”
Paragraph 4, subdivision A, rule 7 of the same rules is amended to read: In the expression “reship foreign” and similar expressions used in this rule, the word “foreign" includes the insular possessions, the Philippine Islands, and the Canal Zone in all cases, and also Hawaii in the cases of Chinese. 4. Imposition and collection of fines.
Paragraph 8, subdivision A, rule 23 of the same rules is amended to read : "Whenever there has been any refusal or failure by any master, purser, person in charge, agent, owner, or consignee of the kind specified in section 18, act of February 5, 1917, or any such person has made any charge or taken any security covering return expenses of an alien, or taken any consideration to be returned in case alien is landed, or knowingly brought to the United States in violation of said section (1) of any alien excluded and deported within a year previous, unless said alien has received from the Secretary of Labor permission to reapply, (2) any alien arrested and ordered deported prior to March 4, 1929, and in whose case prior to his reembarkation at a place outside the United States, or his application in foreign contiguous territory for admission to the United States, and prior to March 4, 1929, the Secretary of Labor has granted such alien permission to apply for readmission, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs (under notice of intention to fine) $300 for each and every violation of any provision of said section. For the purposes of this rule, whenever applicable, the Philippine Islands shall be considered to be a foreign country.”
PROBLEMS OCCASIONED BY FILIPINO IMMIGRATION
These are in the main economic, social, and educational in character.
1. Economic.—Because of the comparative indigence of the great majority of Filipinos in this country, their immediate problem easily reduces itself into that of earning a livelihood. And because nothing is opened to them except forms of employment given as a rule only to racial aliens, we find most of them today engaged in manual labor in agricultural fields and domestic work. Their chief economic problems at present, therefore, is in the field of labor. In the Pacific coast where they are mostly concentrated, they have developed a minority labor situation in relative conflict with native labor. Their problems are not unlike those experienced in the growth of minority labor groups in America, particularly those handicapped by color as the Chinese, Mexicans, and Japanese. But while color in the case of the latter groups has been a permanent factor, in the Filipino case the handicap has been in a degree mitigated by the fact of political allegiance to this country. Color, therefore, although a permanent factor also in our case is not the one and only cause of the present situation as is popularly understood. The problem has a number of basically economic causes upon the scientific approach of which our Government may build a labor policy directed toward the organization and centralization of control of Filipino labor and the reconstruction of Filipino-American labor relations in that field, in order that the two elements may compose their relative differences in the matter of wages, working conditions, and allocation of areas of work to avoid competition, and thereby be enabled to present a solid front in their bid for employment. For as long as these misunderstanding between the two elements continue, so long will the ills of the situation exist in the form of employers employing the group that best suit their own particular interests and so long will Filipinos continue to sell their labor at rates which will be governed solely by their inclination and necessity, in complete disregard of the legitimate interests of American labor and of conditions which apply to their particular work, a practice which in turn furnishes the opportunity for wage undercutting and the petty exploitations by unscrupulous agents, labor contractors, and other sharps, many of whom are of our own blood.
Setting aside for the moment the question of racial discrimination, we will for purposes of emphasis, say that two main causes tend to strain our friendly relations with Americans in the field of labor, viz: (a) Filipinos working for nonliving wages and under conditions normally unacceptable to the American laborer who thereby is automatically eliminated from competing and (6) the concentration of Filipinos in large numbers on the Pacific coast, and their congestion in a few cities which forces them to compete for lower wages in areas of work hitherto in the hands of certain sections of American labor, particularly those commanding higher wages and skilled performance, all opportunities for lesser jobs having been exhausted by the rest of the paisanos.
At the bottom of both facts is over 25 years of disorganization and leaderless shifting, accentuated by extreme youth in outlook and near illiteracy. The absence of effective leadership which from the very beginning should have built a cohesive spirit with which to defend, compose, assert, and look into the future of their rights as nationals of the United States, was no sooner seen by unscrupulous employers than taken advantage of in the form of the imposition of wages which however low according to American wage standards are invariably higher than the pittance of former home earnings. Lack of organization on the Filipino part therefore and the knowledge of American employers, particularly those employing seasonal labor, of their willingness to work for lower wages because they had either to do that or starve, gave rise to the discrepancy of wage rates between American and Filipino labor and working conditions unacceptable to the former.
But there are a number of contributory causes. Lack of effective organization and direction was enhanced on the other hand by the deliberate exploitation of labor agents, contractors, and straw bosses among their own countrymen who naturally saw to it that the more unselfish and enlightened type of leadership did not grow; ignorance of work opportunities, legal rights and obligations, available protection from American community organizations and consequent discouragement. Concentration in big numbers and congestion in particular cities while to a large extent due to a lack of centralized distributing agency, was also brought about by the natural tendency of Filipinos to live and be with relatives and friends, the difficulty to raise railroad fares, climatic adaptability, the lack of information of working opportunities in other sections of the country and the gradual development of attachment to place and people.
Color and the description it entails, of course, plays a basic part in the general failure of Filipinos to prosper and realize ambitions in the economic field. But it is a question which no immediate measure can solve as long as the Filipino's appearance is conspicuously different from that of Americans. Fundamentally, only time and assimilation can ameliorate the problem unless we give way to idealistic hopes in the eventual education of Americans and the world at large for that matter to a less objective view of things. And even that will have to come soon to be practical for our purposes which of course can only be a vague, not to say a vain, expectation. About the only practical thing that can and should be done under the circumstances is to redistribute the presence of Filipino laborers more evenly over a wider area of territory and work. This will not only reduce the strain of competition in the cities where they are at present but will also render their social contacts less conspicuous. Besides, by dealing first with the economic difficulties of the situation, we will give that impression of desiring nothing but fair play in a legitimate field of endeavor in which the American mind has been freed long ago and his democratic outlook disciplined to hard-earned compromises.
We see then the desirability of two main objectives, viz: (a) The composition of wage rates within the ranks of Filipino labor to conform to American levels, particularly in those areas of work in which Filipinos are in direct competition with bigger sections of American labor and (b) the redistribution of their availability and presence over a wider area of the United States.
For instrumentality to gain these purposes, we submit the following:
A. The creation of an official “arm" in the office of the Philippine Resident Commissioner to reach centers of Filipino labor populations within the United States such as Los Angeles, San Francisco, Seattle, Chicago, New Orleans, and New York, who should be charged with the following duties :
1. To organize and supervise what should eventually be self-supporting labor offices in the above cities, with a view to the following:
(a) The registration in the office books of all available Filipino labor in the district.
(6) Their classification according to type of work, wages, experience, ability, employed, unemployed, etc.
(c) To take over employment or labor agencies which have fallen in disrepute or are practically inactive.
(d) To help those which are active and coordinate their activities with the policy of the Government.
(e) To provide for the enlightenment of Filipino labor as regards their rights and obligations; acquaint them with work opportunities in the locality and elsewhere; defend them from unscrupulous contractors and labor agents; broaden their outlook and develop their sense of responsibility with appropriate literature; improve work conditions and do away with nonliving wages and in general better the lot of Filipino labor in the district concerned.