HEARINGS BEFORE THE COMMITTEE ON IMMIGRATION AND NATURALIZATION HOUSE OF ...

United States who is returning from a temporary visit to such territory) shall be permitted to enter the United States unless upon proving that he was brought to such territory by a transportation company which had submitted to and complied with all the requirements of this act, or that he entered, or has resided in, such territory more than two years prior to the time of his application for admission to the United States.

UNUSED IMMIGRATION CERTIFICATES.

SEC. 17. An immigration certificate in addition to the number provided in section 10 may not be issued to a quota immigrant of any nationality even though a quota immigrant of such nationality having an immigration certificate is excluded from admission to the United States under the immigration laws and deported, or does not apply for admission to the United States before the expiration of the validity of the certificate; or even though an alien of such nationality having an immigration certificate issued to him as a quota immigrant is found not to be a quota immigrant.

ALIEN SEAMEN.

SEC. 18. No alien seaman ineligible to citizenship or excluded from admission into the United States under the immigration laws and employed on board any vessel arriving in the United States from any place outside thereof, shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations and conditions (including the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) as the Secretary may prescribe for the ultimate departure, removal, or deportation of such alien from the United States.

SEC. 19. (a) Upon the arrival after the expiration of four months after the enactment of this Act of any vessel in the United States, it shall be the duty of the owner, agent, charterer, consignee, or master thereof to deliver to the principal immigration officer in charge at the port of arrival, in respect of each alien seaman employed on such vessel who was not shipped or engaged on such vessel at a port of the United States, a landing card in duplicate, stating the position such alien holds in the ship's company, when and where he was shipped or engaged, and whether he is to be paid off and discharged at the port of arrival, and such other information as may be by regulations prescribed, and having permanently attached thereto a photograph of such alien.

(b) If the alien seaman after examination is found to be temporarily admissible to the United States under the immigration laws and regulations made thereunder, and to be not ineligible to citizenship, he shall be permitted to land temporarily in the pursuit of his calling, or for the purpose of reshipping on board any other vessel bound to a place outside the United States, and the immigration officer shall cause a fingerprint of the alien to be placed upon each copy of the landing card, and indorse upon each copy the date and place of arrival, the name of the vessel, and the time during which the landing card shall be valid. Upon the landing of the alien one copy of the landing card shall be delivered to him, and the other transmitted forthwith to the Department of Labor under regulations prescribed under this act.

(c) Any alien who has received a landing card under this section and who departs from the United States shall, prior to his departure, surrender such card to the master of the vessel, who shall, before the departure of the vessel, deliver such card to such individual as may be by regulations prescribed.

(d) Landing cards shall be printed on distinctive safety paper prepared and issued, under regulations prescribed under this act, at the expense of the owner, agent, consignee, charterer, or master of the vessel. The Secretary of Labor, with the cooperation of the Secretary of State, shall provide a means of obtaining blank landing cards outside the United States.

(e) The owner, agent, consignee, charterer, or master cf any vessel who violates any of the provisions of this section shall pay to the collector of customs for the customs district in which the port of arrival is located the sum of $500 for each alien in respect of whom the violtion occurs; and no vessel shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine.

908

SEC. 20. (a) The owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof who fails to detain on board any alien seaman employed on such vessel until the immigration officer in charge at the port of arrival has inspected such seaman, and delivered to him a landing card (in cases where a landing card is required), or who fails to detain such seaman on board after such inspection or to deport such seaman if required by such immigration officer or the Secretary to do so, shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for each alien seaman in respect of whom such failure No vessel shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine.

occurs.

(b) Proof that an alien seaman did not appear upon the outgoing manifest of the vessel on which he arrived in the United States from any place outside thereof, or that he was reported by the master of such vessel as a deserter, shall be prima facie evidence of a failure to detain or deport after requirement by the immigration officer or the Secretary.

(c) Section 32 of the immigration act of 1917 is repealed, but shall remain in force as to all vessels, their owners, agents, consignees and masters, and as to all seamen, arriving in the United States prior to the enactment of this act. Sections 33 and 34 of such act are repealed, to take effect after the expiration of four months after the enactment of this act, but the provisions of such section 34 shall thereafter remain in force in the case of any alien seaman who has landed in a port of the United States before such repeal becomes effective.

PREPARATION OF DOCUMENTS.

SEC. 21. Immigration certificates and permits issued under section 9, shall be printed on distinctive safety paper and shall be prepared and issued under regulations prescribed under this act.

OFFENSES IN CONNECTION WITH DOCUMENTS.

SEC. 22. (a) Any person who knowingly (1) forges, counterfeits, alters, or falsely makes any immigration certificate, landing card, or permit, or (2) uses, attempts to use, possesses, obtains, accepts, or receives any immigration certificate, landing card, or permit, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or who, except under direction of the Secretary or other proper officer, knowingly (3) possesses any blank immigration certificate or permit, (4) engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of immigration certificates, landing cards, or permits, (5) makes any print, photograph, or impression in the likeness of any immigration certificate, landing card, or permit, or (6) has in his possession a distinctive paper which has been adopted by the Secretary for the printing of immigration certificates, landing cards, or permits, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both.

(b) Any individual who (1) when applying for an immigration certificate or permit, or for admission to the United States, personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name, or (2) sells or otherwise disposes of, or offers to sell or otherwise dispose of, an immigration certificate, landing card, or permit, to any person not authorized by law to receive such document, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both.

(c) Whoever knowingly makes under oath any false statement in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, shall, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both.

BURDEN OF PROOF.

SEC. 23. In any proceeding under the immigration laws the burden of proving the right of any individual to enter or remain in the United States shall, as between him and the United States, be upon such individual.

RULES AND REGULATIONS.

SEC. 24. The Commissioner General, with the approval of the Secretary, shall prescribe rules and regulations for the enforcement of the provisions of this act; but all such rules and regulations, in so far as they relate to the administration of this act by consular officers, shall be subject to the approval of the Secretary of State.

ACT TO BE IN ADDITION TO IMMIGRATION LAWS.

SEC. 25. The provisions of this act are in addition to and not in substitution for the provisions of the immigration laws, and shall be enforced as a part of such laws, and all the penal or other provisions of such laws, not inapplicable, shall apply to and be enforced in connection with the provisions of this act.

STEAMSHIP FINES UNDER 1917 ACT.

SEC. 26. Section 9 of the immigration act of 1917 is amended by adding after the third sentence thereof a new sentence to read as follows: "If a fine is imposed under this section for the bringing of an alien to the United States, and if such alien is accompanied by another alien who is excluded from admission by the last proviso of section 18, the person liable for such fine shall pay to the collector of customs, in addition to such fine but as a part thereof, a sum equal to that paid by such accompanying alien for his transportation from his initial point of departure indicated in his ticket, to the point of arrival, such sum to be delivered by the collector of customs to the accompanying alien when deported."

SEC. 27. Section 10 of the immigration act of 1917 is amended to read as follows:

"SEC. 10. (a) That it shall be the duty of every person, including owners, masters, officers, and agents of vessels of transportation lines, or international bridges or toll roads, other than railway lines which may enter into a contract as provided in section 23, bringing an alien to, or providing a means for an alien to come to, the United States, to prevent the landing of such alien in the United States at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine in each case of not less than $200 nor more than $1,000, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment; or, if in the opinion of the Secretary of Labor, it is impracticable or inconvenient to prosecute the person, owner, master, officer, or agent of any such vessel, such person, owner, master, officer, or agent shall be liable to a penalty of $1,000, which shall be a lien upon the vessel whose owner, master, officer, or agent violates the provisions of this section, and such vessel shall be libeled therefor in the appropriate United States court.

"(b) Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers."

GENERAL DEFINITIONS.

SEC. 28. As used in this act

(a) The term "United States," when used in a geographical sense, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Porto Rico, and the Virgin Islands;

(b) The term "alien" includes any individual not a native-born or naturalized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed, nor citizens of the islands under the jurisdiction of the United States;

(c) The term "ineligible to citizenship," when used in reference to any individual, includes an individual who is debarred from becoming a citizen of the United States under section 2169 of the Revised Statutes, or under section 14 of the act entitled "An act to execute certain treaty stipulations relating to Chinese," approved May 6, 1882, or under section 1996, 1997, or 1998 of the Revised Statutes, as amended, or under section 2 of the act entitled "An act to authorize the President to increase temporarily the Military Establishment of the United States," approved May 18, 1917, as amended, or under law amendatory of, supplementary to, or in substitution for, any such sections;

(d) The term "immigration certificate" means a certificate issued by a consular officer under the provisions of this act, together with the application therefor; (e) The term "consular officer "means any consular or diplomatic officer of the United States designated, under regulations prescribed under this act, for the purpose of issuing immigration certificates under this act. In case of the Canal Zone and the insular possessions of the United States the term "consular officer" (except as used in section 24) means an officer designated by the President, or by his authority, for the purpose of issuing immigration certificates under this act;

(f) The term "Immigration act of 1917" means the act of February 5, 1917, entitled "An act to regulate the immigration of aliens to, and the residence of aliens in, the United States";

(g) The term "immigration laws" includes such act, this act, and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens;

(h) The term "person" includes individuals, partnerships, corporations, and associations;

(i) The term "Secretary" means the Secretary of Labor;

(j) The term "Commissioner General" means the Commissioner General of Immigration;

(k) The term "application for admission" has reference to the time of the application for admission to the United States and not to the time of the application for the issuance of the immigration certificate;

(1) The term "permit" means a permit issued under section 9;

(m) The term "landing card" means a landing card issued under section 19; (n) The term "unmarried," when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married;

(o) The terms 'child," "father," and "mother" do not include a child or parent by adoption unless the adoption took place before January 1, 1924.

AUTHORIZATION OF APPROPRIATION.

SEC. 29. The appropriation of such sums as may be necessary for the enforcement of this act is hereby authorized.

ACT OF MAY 19, 1921.

SEC. 30. The act entitled "An act to limit the immigration of aliens into the United States," approved May 19, 1921, as amended and extended, shall, notwithstanding its expiration on June 30, 1924, remain in force thereafter for the imposition, collection, and enforcement of all penalties that may have accrued thereunder, and any alien who prior to July 1, 1924, may have entered the United States in violation of such act may be deported in the same manner as if such act had not expired.

TIME OF TAKING EFFECT.

SEC. 31. (a) Sections 2, 7, 12, 13, 14, and 15, and subdivision (b) of section 10 shall take effect on July 1, 1924, except that immigration certificates and permits may be issued prior to that date, which shall not be valid for admission to the United States before July 1, 1924. In the case of quota immigrants of any nationality, the number of certificates to be issued prior to July 1, 1924, shall not be in excess of 10 per centum of the quota for such nationality, and the number of certificates so issued shall be deducted from the number which may be issued during the month of July, 1924.

(b) The remainder of this act shall take effect upon its enactment.

Alien contract laborers admitted during fiscal year 1923, number and
classes of...

884

Aliens in penal and eleemosynary institutions. (See statements of Lutz,
R. R.; Jennings, H. S.; article by John M. Gillman.)
Allied Patriotic Societies, report on immigration by-
American Bankers' Association, report on immigration..
American Defense Society, letter from....

Amendments proposed by...

American Federation of Labor.

(See statement of Wallace, Edgar; see

also communist attempt to seize, etc.)
American Mining Congress, opinions on immigration submitted to--
See also statements of Smith, Howard D.; Jennings, Sidney J.; Taylor,
Harry N.; Smith, Herbert Wilson.

Analysis of America's modern melting pot "; reviewed by Witness Lutz;
reviewed by Witness Jennings..

Cărți