Imagini ale paginilor
PDF
ePub

MIGRATION OF CITIZENS OF PHILIPPINES TO MAINLAND

The citizens of the Philippine Islands are by court decision held to be "nationals" of the United States, but not citizens of the United States. Under the naturalization laws they can not be naturalized as citizens of the United States, except the few who serve in the United States Navy. This exception is because of a war emergency amendment to the naturalization act, which amendment has not as yet been repealed.

The paragraph in H. J. Res. 473 relating to the movement of the citizens of the Philippine Islands is, like the rest of the paragraphs in the bill, to meet an emergency, and in view of the fact that the life of the immigration "holiday" is placed at two years, the paragraph regulating the movement of Filipinos to continental United States, is not drastic, and is considered necessary in view of the suction which will be created by the further restrictions placed on European immigration, when employment conditions improve in the United States. Citizens of the Philippines are given the same opportunities as those of all other countries to come to the United States as students, visitors, and so forth, and a quota to the number of approximately 10 per cent of those who came from the islands to the United States during the last fiscal year is established, for which quota the "ineligibility" clause of the 1924 act is declared not to apply.

A slowing down of Philippine immigration has been caused in part by action of Pacific steamship lines in limiting steerage accommodations. For figures concerning arrival and departure of citizens of the Philippines the committee has had to use other than United States statistics. A letter to the committee from Hon. Patrick J. Hurley, Secretary of War, dated January 21, 1931, is quoted in part, as follows:

In connection with the frequently exaggerated statements of the extent of the present immigration of Filipinos to the United States, the attention of your committee is especially invited to the figures included in the respective statements of the Chief of the Bureau of Insular Affairs and of Mr. R. D. Mead, appearing on pages 98-101 of the published hearings on S. J. Res. 207.

As bearing upon the question of the possible necessity for any restrictive legislation at this time, I would draw special attention to the following figures regarding the movements of Filipinos between the United States and the Philippine Islands in the last three months:

[blocks in formation]

These figures are included in a radiogram from the Governor General of the Philippine Islands dated Jan. 3, 1931, and are based upon data assembled under the insular collector of customs at Manila.

It will be noted that the trend of Filipino immigration for the last three months is away from the United States. The occasion for present restrictive legislation is therefore not apparent and I desire to reaffirm the previously expressed attitude of this department that such legislation would be most unfortunate.

PATRICK J. HURLEY, Secretary of War.

Nevertheless, immigration to the United States from the Philippine Islands began to increase rapidly a few years ago, and in one year in excess of 10,000 arrived on the Pacific coast.

ANALYSIS OF RESOLUTION BY SECTIONS

Section 1.-This section reduces the existing quotas of all countries by 90 per cent, but is applicable only during the two years beginning July 1, 1931. The minimum quota is retained at 100. Under this provision the existing law would be applied exactly the same as heretofore, but with the reduced quotas.

Section 2.-This section prohibits, during the two years beginning July 1, 1931, the issuance of nonquota immigration visas under subdivision (c) of section 4 of the immigration act of 1924, which subdivision gives nonquota status to immigrants born in Canada, Newfoundland, Mexico, Cuba, Haiti, Dominican Republic, the Canal Zone, or an independent country of Central or South America. In lieu of visas so issued the geographical areas so specified are to be considered as if each had a quota equal to 10 per cent of the number of nonquota visas issued, during the fiscal year ending June 30, 1930, to immigrants born in such area, with a minimum of 100 for each area. Under this provision the immigration laws, during this temporary period of restriction, will be applied to immigrants born in such areas in exactly the same way as they are applied to immigrants born in a European country. Nonquota status and preference within the numerical limitations will be given to the same classes as in the case of European countries.

Section 3.-Subdivision (a) of this section provides that, for the purpose of the immigration laws, citizens of the Philippine Islands, American Samoa, and Guam, who are not citizens of the United States, shall during the period from July 1, 1931, to June 30, 1933, be considered as if they were aliens, and, therefore, admissible to the United States only under the same terms and conditions as if they were citizens of a foreign country. It will be noted, however, that under the terms of the section the provisions of section 13 (c) of the Immigration Act of 1924 are not applicable to citizens of these possessions. Section 13 (c) is the provision of the 1924 Act excluding from admission to the United States persons ineligible to citizenship. The Philippine Islands are considered as if they had a quota of 500, and American Samoa and Guam as if each had a quota of 100. An exception is made, however, in the last sentence of this subdivision, so that citizens of these possessions may, if they so desire, be not considered as aliens, and may come to the Territory of Hawaii without any immigration or passport visa, in the same manner and no more subject to restriction than under existing law.

Subdivision (b) of this section provides that during the abovenamed period citizens of these insular possessions who are not citizens of the United States shall not be admitted to the continental United States from Hawaii, unless belonging to nonimmigrant classes (as

defined by section 3 of the immigration act of 1924) or to a class declared to be nonquota immigrants under the provisions of section. 4 of the 1924 act (except persons entitled to nonquota status solely by birth in countries of the Western Hemisphere), or unless admitted to Hawaii under an immigration visa. (For sections 3 and 4 of the 1924 act see Appendix.) It will be noted that this provision of the bill is also applicable to citizens of these possessions resident in Hawaii on June 30, 1931, as well as those entering after that date. The Secretary of Labor is by regulations to provide a method for insuring this exclusion and for the admission of the excepted classes. These regulations will also make provision for citizens of these possessions resident in Hawaii on June 30, 1931.

Subdivision (c) provides for stationing in these insular possessions the necessary consular officers to administer the immigration laws in such possessions in the same way as they are now administered in foreign countries.

Subdivision (d) provides that these insular possessions shall, during the period of restriction, be considered as foreign countries for the purpose of the deportation sections of existing law, so that persons excluded or found unlawfully here may be deported.

Section 4.-This section provides a method for the admission, without regard to quota, in the two fiscal years beginning July 1, 1931, and July 1, 1932, of persons trained and skilled in an art, craft, technique, business, or science if persons of the same class and qualifications can not be found unemployed in the United States and are needed by a bona fide employer in the United States, but no more immigration visas may be issued under this section than 300 in any one fiscal year.

Section 5.-This section is to make it clear that this resolution is in addition to the provisions of the immigration laws and not in substitution for them. Thus, for example, the scientists and skilled technicians admitted without regard to the quota under section 4 of the bill, will not be admissible if excludable under any provision of the immigration laws, no matter how high the degree of their skill, since the effect of section 4 is merely to relieve them from quota restrictions in the manner provided in that section. Similarly, the provisions of section 24 of the 1924 act, authorizing the making of rules. and regulations, will apply to the making of rules and regulations for carrying out the provisions of the resolution.

Section 6.-This section provides that terms defined in the immigration act of 1924 shall, when used in this resolution, have the meaning assigned to such ternis in that act. Section 28 of the 1924 act defines alien" as not including "citizens of the islands under the jurisdiction of the United States." While, by virtue of this definition, citizens of the insular possessions are not aliens, nevertheless under section 3 (a) of the resolution they are for all purposes of the immigration laws (including this resolution) to be considered as if they were aliens, with the exceptions noted in that section.

Section 7.-This section provides a short title for the resolution.

APPENDIX

The following provisions of law are referred to in the resolution as reported:

Sections 3, 4, and 13 (c) of the immigration act of 1924, as amendedSEC. 3. When used in this act the term "immigrant" means any alien departing from any place outside the United States destined for the United States, except (1) a Government official, his family, attendants, servants, and employees, (2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure, (3) an alien in continuous transit through the United States, (4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory, (5) a bona fide alien 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, and (6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation.

SEC. 4. When used in this act the term "nonquota immigrant" means

(a) An immigrant who is the unmarried child under twenty-one years of a 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;

(b) An immigrant previously lawfully admitted to the United States who is returning from a temporary visit abroad;

(c) An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under eighteen years of age. if accompanying or following to join him;

(d) An immigrant who continuously for at least two 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, seminary, or university; and his wife, and his unmarried children under eighteen years of age, if accompanying or following to join him;

(e) An immigrant who is a bona fide student at least fifteen 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 desig nated 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 report promptly the approval shall be withdrawn; or

(f) A woman who was a citizen of the United States and lost her citizenship by reason of her marriage to an alien, or the loss of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country.

SEC. 13. * * (c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a nonquota immigrant under the provisions of subdivisions (b), (d), or (e) of section 4, or (2) is the wife, or the unmarried child under 18 years of age, of an immigrant admissible under such subdivision (d), and is accompanying or following to join him, or (3) is not an immigrant as defined in section 3.

The so-called contract-labor provisions of section 3 of the immigra tion act of 1917

persons hereinafter called contract laborers, who have been induced, assisted, encouraged, or solicited to migrate to this country by offers or promises of employment, whether such offers or promises are true or false, or in consequence of agreements, oral, written, or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled;

THE FOURTH PROVISO OF SECTION 3 OF THE IMMIGRATION ACT OF 1917 Provided further, That skilled labor, if otherwise admissible, may be imported if labor of like kind unemployed can not be found in this country, and the question of the necessity of importing such skilled labor in any particular instance may be determined by the Secretary of Labor upon the application of any person interested, such application to be made before such importation, and such determination by the Secretary of Labor to be reached after a full hearing and an investigation into the facts of the asec:

THE FIFTH PROVISO OF SECTION 3 OF THE IMMIGRATION ACT OF 1917

Provided further, That the provisions of this law applicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed as domestic servants:

Sections 18 and 20 of the immigration act of 1917

SEC. 18. That all aliens brought to this country in violation of law shall be immediately sent back, in accommodations of the same class in which they arrived, to the country whence they respectively came, on the vessels bringing them, unless in the opinion of the Secretary of Labor immediate deportation is not practicable or proper. The cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came. That it shall be unlawful for any master, purser, person in charge, agent, owner, or consignee of any such vessel to refuse to receive back on board thereof, or on board of any other vessel owned or operated by the same interests, such aliens; or to fail to detain them thereon; or to refuse or fail to return them in the manner aforesaid to the foreign port from which they came; or to fail to pay the cost of their maintenance while on land; or to make any charge for the return of any such alien, or to take any security for the payment of such charge; or to take any consideration to be returned in case the alien is landed; or knowingly to bring to the United States any alien excluded or arrested and deported under any provision of law until such time as such alien may be lawfully entitled to reapply for admission to the United States, and if it shall appear to the satisfaction of the Secretary of Labor that such master, purser, person in charge, agent, owner, or consignee has violated any of the foregoing provisions, or any of the provisions of section fifteen hereof, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs of the district in which the port of arrival is located, or in which any vessel of the line may be found, the sum of $300 for each and every violation of any provision of said sections; and no vessel shall have clearance from any port of the United States while any such fine is unpaid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such question upon the deposit with the collector of customs of a sum sufficient to cover such fine. If the vessel by which any alien ordered deported came has left the United States and it is impracticable for any reason to deport the alien within a reasonable time by another vessel owned by the same interests, the cost of deportation may be paid by the Government and recovered by civil suit from any agent, owner, or consignee of the vessel: Provided further, That the Commissioner General of Immigration, with the approval of the Secretary of Labor, may suspend, upon conditions to be prescribed by the Commissioner General of Immigration, the deportation of any aliens found to have come in violation of any provision of this act if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecution of offenders against any provision of this act or other laws of the United States; and the cost of maintenance of any person so detained resulting from such suspension of deportation, and a witness fee in the sum of $1 per day for each day such person is so detained, may be paid from the appropriation for the enforcement of this act, or such alien may be released under bond, in the penalty of not less than $500, with security approved by the Secretary of Labor, conditioned that such alien shall be produced when required as a witness and for deportation. No alien certified, as provided in section sixteen of this act, to be suffering from tuberculosis in any form, or from a loathsome or dangerous contagious disease other than one of quarantinable nature, shall be permitted to land for medical treatment thereof in any hospital in the

HR-71-3-VOL 1-60

« ÎnapoiContinuă »