immigrant's admission is no longer contingent upon the time of his arrival in the United States, and a more careful examination and inspection at the ports, with less inconvenience to the immigrant, will result.

The selective features of the bill are worked out through the provisions giving preference to certain classes in the issuance of immigration certificates. Having in mind the desirability of reuniting families, it is provided that the husbands, wives, and minor children of alien residents who have declared their intention to become citizens shall have the first preference in the issuance of immigration certificates. Then follows, in the order named, immigrants who served in the military and naval forces of the United States during the World War; ministers of any religious denomination; professors, or members of recognized learned professions; skilled laborers; all other laborers, including domestic servants; and finally all other immigrants.

Thus it will be seen that Congress having once determined the number of immigrants that shall come to the United States in any one year, a method is provided for the proper selection of the best of those applying by requiring, in the first place, that the immigrant seeking admission to this country make application to an American consular officer for an immigration certificate. This application will of necessity set forth the family history and personal record of the、 alien, and, supplemented by such investigation as the consular officer shall make, will afford such information concerning the immigrant as will enable the officer to determine whether the applicant is a desirable or an undesirable immigrant. Upon arrival at our port the immigrant is subjected to the usual inspection and medical examination, and if found to meet the mental, moral, and physical standards required by our immigration laws is admitted; otherwise he is excluded and returned to the country whence he came.

By the means of a special immigration certificate demands for labor of all kinds, skilled and unskilled, including farm labor, are met, and such labor made readily available, regardless of quota limitations and restrictions upon allication to the Secretary of Labor, while, on the other hand, by the provisions of another section immigration may be suspended in whole or in part from all or any designated country when unemployment in the United States is so widespread as to justify such action.

It will be observed that the term "nonquota" is nowhere used in the proposed legislation, and that the corresponding provision authorizing the issuance of a special immigration certificate is limited in its application to but two classes, namely, (1) husband, wife, minor child, dependent father or mother of a citizen of the United States, and (2) farmers and skilled or unskilled laborers when labor of like kind unemployed can not be found in the United States. In either case the special immigration certificate can be had only upon application to the Secretary of Labor, and then in the case of laborers only, when a strike or lockout does not exist or impend in the industry seeking to import such labor.

Provision is also made to satisfy the periodical demands for laborers from Canada and Mexico by classing such laborers as nonimmigrant when authorized by the Secretary of Labor to enter the United States for the purpose of laboring at a specified occupation for a definite time at a designated place.

In the cases referred to it is hoped to satisfy the legitimate demands for labor without destroying the restrictive features of any law that may finally be enacted. It is believed that the discretion vested in the Secretary of Labor will be exercised only when that official is satisfied that there is a real and pressing necessity for the particular labor sought. Furthermore, under this authority a most beneficial distribution of immigrants will take place, and the Secretary of Labor will be able in a most helpful way to cooperate with the various States in supplying immigrants to develop resources, establish industries, and bring about colonization.

DEFINITION OF IMMIGRANT.

In the definition of an immigrant it has been sought to except only such classes as are nonimmigrants. Therefore, in addition to the classes commonly understood to be nonimmigrants, such as Government officials, transits, and visitors, exception has been made in favor of aliens lawfully admitted to the United States and returning from a temporary visit abroad; bona fide students, seeking to enter for the purpose of study at an accredited college; bona fide alien seamen seeking to land in pursuit of their calling; aliens who, having resided continuously for at least five years in foreign contiguous territory, are authorized to enter the United States for the purpose of laboring at a sperified occupation for a definite time at a designated place; and aliens habitually crossing and recrossing boundary

lines between the United States and foreign contiguous territory upon legitimate pursuits.

Nonimmigrants are not required to obtain an immigration certificate and are not subject to the quota limitations and restrictions.

MAINTENANCE OF EXEMPT STATUS.

To insure that a nonimmigrant will maintain the status under which he was permitted to enter the United States and to guarantee his departure within the time specified, the Secretary of Labor is required to promulgate such rules and regulations as will protect the United States, and he may exact a bond with sufficient surety conditioned that such status will be maintained and that the alien will depart within the time mentioned. Alien seamen are not subject to the provisions of this particular section. Provision is made in a following section for the landing and identification of seamen which it is believed will on the one hand prevent the landing of the excluded races and the mentally and physically unfit and on the other prevent the evasion of our laws by those permitted to land temporarily in pursuit of their calling or to reship foreign.

PASSPORTS.

It has been deemed advisable, in view of the provision for the issuance of an immigration certificate, to dispense with passports or other instruments in the nature of passports issued by foreign governments in so far as immigrants are concerned.

IMMIGRATION CERTIFICATES.

The

Passports or other instruments in the nature of passports issued by foreign governments not being required of immigrants, therefore a visé is no longer necessary, but a consular officer is authorized to issue an immigration certificate when in his opinion the immigrant is admissible to the United States. immigrant may ascertain the essential fact of his admissibility in advance, and is not, as under the present law, put to the expense of obtaining a passport and visé when not reasonably assured of admission to the United States. The immigration certificate is very properly substituted for the visé and is based on a more thorough knowledge of the immigrant, and, furthermore, is in keeping with the power of the United States to determine in the first instance who shall and who shall not come to this country as an immigrant. The question whether the immigrant must have a passport before being permitted to leave the homeland is one strictly between him and his government.

The immigration certificate is valid for one year after the date of issue, but is not a guaranty that the immigrant will be admitted to the United States. Upon its surrender at the port of inspection the immigrant is given a certificate of arrival, which may later be used in naturalization proceedings. A fee of $10 is -charged for the issuance of an immigration certificate, because the immigrant is no longer required to pay the visé fee.

APPLICATION FOR IMMIGRATION CERTIFICATE.

The application for an immigration certificate must be in writing and be properly verified. It will be in the form of a questionnaire designed to elicit such information as will enable the American consular officer to determine the admissibility of the applicant. No fee is charged for the issuance or verification of the application.

SPECIAL IMMIGRATION CERTIFICATE.

The special immigration certificate is issued by the consular officer without regard to quota limitations when authorized by the Secretary of Labor. Such authority is granted upon the verified petition of a citizen of the United States after hearing and investigation, and then only in case of the immediate relatives of such citizens, or of farmers and skilled or unskilled laborers, when labor of like kind unemployed can not be found in the United States. The issuance of the certificate is further restricted by the provision with respect to laborers-that it must satisfactorily appear to the Secretary that a strike or lockout does not exist or impend in the particular industry seeking to import such labor. The special immigration certificate is valid for the period therein specified not ex

ceeding six months from the date of issue and is to be surrendered upon arrival in the United States in exchange for a certificate of arrival.

No passport is required of the holder of a special immigration certificate, but a fee of $10 is charged therefor.

DUTIES OF IMMIGRATION OFFICIALS.

Under the provisions of section 23 of the act of February 5, 1917, the Commissioner General of Immigration may, with the approval of the Secretary of Labor, whenever in his judgment such action may be necessary to accomplish the purposes of that act, detail immigration officers for service in foreign countries, and, upon his request, approved by the Secretary, the Secretary of the Treasury may likewise detail medical officers of the United States Public Health Service for the performance of duties in foreign countries in connection with the enforcement of the act.

The legislation proposed requires a consular officer to perform certain duties in connection with its enforcement. Assuming that in the very near future immigration and medical officials will be stationed abroad, the duties conferred upon consular officers are to be performed by the immigration officials when detailed to or stationed in foreign countries under the provisions of the act of February 5, 1917, just referred to. This section is made necessary so far as the Dominion of Canada is concerned for the reason that immigration officials are now stationed in that country for the enforcement of our immigration laws.

NATIONALITY AND PERCENTAGE LIMITATION.

The sections of the proposed bill relating to nationality and percentage limitations are incomplete in that the census year to be considered and the percentage limitations to be employed in arriving at the annual quota for any nationality are left blank. This was not an oversight, but was purposely done to carry out the intention expressed in the beginning, not to suggest to the Congress the policy to be pursued in adopting restrictive measures.

Attention is called to that proviso of section 10 dealing with nationality which requires that the nationality of a wife or minor child shall be determined by the country of birth of the husband or parent as the case may be, if the husband or parent is entitled to an immigration certificate. This provision assigns the nationality to where it properly belongs and will put an end to the hardship and delay resulting from the application of different quota limitations to the members of the same family traveling together.

Subdivision (b) of section 11, in fixing a monthly limit upon the issuance of immigration certificates, provides that in each of the 12 calendar months of any fiscal year no more immigration certificates than one-twelfth of the annual quota shall be issued, and where the annual quota of any nationality is less than 600 the Commissioner General, with the approval of the Secretary, is authorized to determine the number to be issued in any one month. This feature of the bill will establish a continuing quota, lessen to some extent the labor of the consular officers, and enable them to devote the time necessary for a careful investigation of each application. When considered in connection with the provision making an immigration certificate valid for one year, it must be obvious that the continuing monthly quota provided for is for the best interest of all concernedimmigrants, steamships, and officers at the ports of arrival.

UNUSED IMMIGRATION CERTIFICATES.

This section provides in substance that an immigration certificate once issued can not be returned or canceled. When issued it is immediately charged against the quota and that charge stands regardless of the disposition made of the certificate by the immigrant.

EXCLUSION FROM THE UNITED STATES.

It is provided in this section of the proposed legislation that no immigrant shall be admitted to the United States unless he has an unexpired immigration certificate or an unexpired special immigration certificate or was born subsequent to the issuance of such a certificate to the accompanying parent. This provision is made necessary in order to carry out the scheme of selection abroad as herein proposed.

Subdivision (b) of the section under consideration establishes a definite policy and refuses admission to any immigrant who is not eligible to citizenship.

PERMIT TO REENTER THE UNITED STATES.

An alien lawfully admitted to the United States and desiring to make a temporary visit abroad may upon proper application obtain a permit which will entitle him upon his return to be admitted to the United States regardless of quota limitations or restrictions. When in possession of such a permit the alien is classed as a nonimmigrant and is not required to obtain an immigration certificate. The permit is valuable from an administrative standpoint because it is documentary evidence of the claim that alien is returning from a temporary stay abroad, and to that extent will lessen fraud and perjury.

It has been deemed proper to charge a fee of $5 for the issuance of the permit.

SUSPENSION OF IMMIGRATION.

The necessity for this section becomes apparent when it is recalled that but a short time ago millions of men were without employment in the United States, and that, notwithstanding the situation which then existed, thousands of immigrants were permitted to land upon our shores and join the great army of idle workers. In the light of that experience it is submitted that some provision should be made for the suspension of immigration during periods of widespread industrial depression.

CERTIFICATES OF ARRIVAL.

Every immigrant, upon his admission to the United States, is given a certificate of arrival, and this certificate may be subsequently used in naturalization proceedings.

ALIEN SEAMEN.

In drafting the sections regulating the landing of alien seamen, care was taken not to interfere with the operation of the seamen's act, and it is believed that the proposal submitted will so regulate the landing of such seamen as to prevent to a much greater extent than is now possible evasions and violations of the immigration laws.

Subdivision (a) of section 18 is directed against the excluded races and such other aliens as are excluded by section 3 of the immigration act of 1917, and is intended as a substitute for section 32 of the existing law which is repealed. Under this section an oriental, for instance, is not permitted to land in pursuit of his calling or to reship foreign, except under such conditions, including the giving of a bond, as may be prescribed.

Section 19 and its various subdivisions require that a landing card, furnished at the expense of the vessel, be delivered to all alien seamen employed on the vessel who were not shipped or engaged in the United States. This card will contain pertinent information concerning the alien, and is what its name impliesa card authorizing the seaman to land in the United States either in pursuit of his calling or to reship foreign when properly indorsed by an immigration officer. No bond is required of the seaman in such cases.

Under this procedure the seaman is entitled to remain in the United States for a period not exceeding 30 days, and when he departs the card must be surrendered to the master of the vessel by which he leaves the United States.

Sections 33 and 34 of the existing law are repealed, except that as to violations of section 34 existing at the time of the taking effect of the proposed act the section is continued in force and effect.

Section 20 of the proposed legislation makes it obligatory upon the vessel to detain all seamen on board until they have been inspected by an immigration official, failure to do which incurs a penalty of $1,000 for each seaman with respect to whom the failure occurs.

Section 21 changes the existing practice as outlined in section 34 of the act of February 5, 1917, and when a seaman is apprehended because he lands contrary to the provisions of the act, or because he is not in possession of an unexpired landing card, or for being found in the United States more than 30 days after being permitted to land temporarily, he may be deported in accordance with the provisions of section 20 of the act of February 5, 1917. There is no limita

tion as to time, and it will no longer be necessary to have a board of special inquiry deal with his case.

Section 22 recognizes that in the nature of their calling alien seamen can not always make regular application before a consular officer for an immigration certificate, and provision is therefore made for applications for admission by alien seamen upon arrival in the United States. If after examination and inspection the seaman is regularly admitted, he is chargeable to the quota for the nationality to which he belongs, and the Secretary is required to reduce that quota by one.

PENAL PROVISIONS.

It is believed that the various penal provisions of the proposed legislation will to a considerable extent prevent fraud and evasions and otherwise make possible a satisfactory administration of the law.

AMENDMENTS TO IMMIGRATION ACT OF 1917.

The amendments to the act of February 5, 1917, are found in section 28 of the proposed legislation and are intended in the main to make clear the meaning of such act, and in one or two instances to supply provisions that are necessary and which were obviously overlooked by the framers.

It is proposed to amend the proviso to section 24 by giving the Secretary more latitude in the employment and detail of individuals under that section. Because of the provisions of section 4 of the act of August 5, 1882 (22 Stat. L. 219, 255), the number of employees that may be stationed in the District has been limited by specific appropriation to but two, and, owing to the enormous increase in volume of the work handled by the department even under existing law, it is necessary that this limitation be removed if a high standard of efficiency is to be maintained.

The provisions of the proposed legislation for the importation of all kinds of labor, not only from Canada and Mexico but from trans-Atlantic countries, if enacted into law, will necessitate a greatly increased force of officials and investigators to properly administer that feature alone, and affords an additional reason for favorable action upon the proposed amendment at this time.

The proviso has been further amended by increasing the amount which the Secretary is permitted to withdraw from the appropriation from $100,000 to $200,000. This amendment will not result in an increased appropriation, and will not only enable the Secretary to provide for the necessary increase in the forces stationed in Washington but will make it possible to detail immigration officials for service in foreign countries as originally contemplated by section 23 of the act of February 5, 1917.

Permit me to repeat that the effort in the proposed legislation has been to suggest improvements from the administrative point only. I have studiously sought to avoid any suggestions as to the broad policies dealing with the subject of immigration, which, of course, being wholly and exclusively to Congress, and with which an administrative officer has no concern. I, of course, am familiar with the policies of Congress so far as they have been expressed in laws now in force, and am also endeavoring to meet the apparent policy of Congress as expressed by a number of bills introduced during the present session by Members of both Houses, particularly those introcuded by members of the Committee on Immigration of both Houses.

After securing the suggestions and advice of many people who handle the administrative work in connection with immigration, and after giving most careful study to the whole subject, I feel that the suggested draft will overcome to a great extent the unexpected hardships that have resulted from some past legislation and will serve greatly to do away with the heartbreaking experiences that have befallen many aliens, and will largely overcome the difficulties met by administrative officers in endeavoring to reconcile conflicts in the law which have developed in the past.

My only purpose in submitting this proposed legislation is to be helpful to the Members of Congress and of your committee. If there is any other way in which I or any member of my staff can be of assistance to your committee, please feel free to call upon me for that service.

Very sincerely yours,

JAMES J. DAVIS.