lands, or Portugal, who are admissible under the immigration laws of the United States as quota immigrants, will be charged to the quota of the country to which such colony or dependency belongs or by which it is administered as a protectorate. 2. The quota area denominated "Arabian Peninsula" consists of all territory except Muscat and Aden, situated in the portion of that peninsula and adjacent islands, to the southeast of Irak, of Palestine with Trans-Jordan, and of Egypt. 3. Quota immigrants born in the British self-governing dominions or in the Empire of India will be charged to the appropriate quota, rather than to that of Great Britain and Northern Ireland. There are no quota restrictions for Canada and Newfoundland.

4. As shown in Chart 1262a, Hydrographic Office, United States Navy Department.

5. Quota immigrants eligible to citizenship in the United States, born in a colony, dependency, or protectorate of any country to which a quota applies will be charged to the quota of that country.

6. In contrast with the law of 1921, the immigration act of 1924 provides that persons born in the colonies or dependencies of European countries situated in Central America, South America, or the islands adjacent to the American continents (except Newfoundland and islands pertaining to Newfoundland, Labrador, and Canada) will be charged to the quota of the country to which such colony or dependency belongs.

GENERAL NOTE.-' -The immigration quotas assigned to the various countries and quota areas should not be regarded as having any political significance whatever, or as involving recognition of new governments, or of new boundaries, or of transfers of territory, except as the United States Government has already made such recognition in a formal and official manner.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this 30th day of June, in the year of our Lord one thousand nine hundred and twenty-four, and of the independence of the United States of America the one hundred and forty-eighth.

The passage of the immigration act of 1924 marks the close of an epoch in the history of the United States, and yet this unquestioned fact is due rather to the embodiment of provisions giving effect to a policy slowly evolved since the early days of the Republic than, as is sometimes alleged, to the initiation of new principles and ideas resulting from the late war. This legislation and some of the circumstances attending its adoption aroused much discussion and some irritation among certain foreign elements in the United States and their compatriots abroad. Therefore, since friendship between nations, as between individuals, rests upon mutual understanding, it is the purpose of this analysis to present a dispassionate statement of the effect which this law may be expected to exercise upon the general situation in such form that the average reader, unhampered by legal technicalities and lack of background on the immigration problem, may be able to form a judgment upon this question without bias or prejudice.

As an illustration of the fact that the basic principles of the immigration act of 1924 are traceable historically to the very men who drafted the Declaration of Independence and founded a republican Government upon this continent, the following quotation will suffice:

"Civil government," said Thomas Jefferson in his "Notes on Virginia," a "being the sole object of forming societies, its administration must be conducted

! Reprinted in full, on the order of Chairman Johnson, of Committee on Immigration and Naturalization of the House of Representatives, from "International Conciliation," No. 102, September, 1924. Works of Thomas Jefferson, collected by Paul Leicester Ford, Vol. II, pp. 120-121.

by common consent. Every species of government has its specific principles. Ours, perhaps, are more peculiar than any other in the universe. It is a composition of the freest principles of the English constitution, with others derived from natural right and reason. To these nothing can be more opposed than the maxims of absolute monarchies. Yet from such we expect the greatest number of immigrants. They will bring with them the principles of the governments they have imbibed in early youth, or if able to throw them off, it will be in exchange for an unbounded licentiousness, passing, as is usual, from one extreme to another. It would be a miracle were they to stop precisely at the point of temperate liberty. Their principles, with their language, they will transmit to their children. In proportion to their number they will share with us in the legislation. They will infuse into it their spirit, warp and bias its direction, and render it a heterogeneous, incoherent, distracted mass. I may appeal to experience during the present contest for a verification of these conjectures; but if they are not certain in event, are they not possible? Are they not probable? May not our Government be more homogeneous, more peaceable, more durable?" Similar expressions of opinion may be culled from the writings of Washington,3 Franklin, and many others of lesser note, but of greater significance than any mere expression of views, no matter how authoritative the source, is the cireumstance that under a statute enacted in 1802 it was declared that only free white persons were eligible for citizenship, a statute which, subjected otherwise to slight amendment, has only been altered in its fundamental principle by a modification extending the privilege of citizenship to aliens of African nativity and to persons of African descent.5

The significance of this statutory provision, which for over 100 years has served notice on the people of all the world that citizenship in the United States is limited, with one exception, arising from the suppression of slavery within the States, to those races of mankind who by tradition, ideals, and habits of life would tend to support and perpetuate the principles of republican Government in this Nation, will be brought out in more detail in connection with the consideration of those sections of the act which relate to the exclusion of certain classes of aliens from the United States."

Finally, it must be borne in mind that the immigration act of 1924 specifically states in section 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.

That is to say, this law is directly related to the enforcement of legislation passed in the course of more than two generations, and if we include the substance of the section relating to persons ineligible to citizenship it may be said that the provisions of this act carry us back nearly a century and a quarter. Now, in view of the circumstance that the act itself, which, as a matter of fact, is drafted with great clarity of language, can be found printed in full as Appendix A of this pamphlet, it is deemed advisable for the purpose of this analysis to discuss en bloc all the sections which may be considered as interrelated, rather than attempt to deal with them consecutively.

DEFINITIONS

(Sections 3, 4, 5, and 28)

An understanding of the provisions of any law presupposes a precise comprehension of the meaning of certain terms in common use, but of specific significance in the interpretation of the statute, subject to analysis. In the immi

Writings of George Washington, by Jared Sparks, Vol. XI, pp. 1–2.

Works of Benjamin Franklin (Observations Concerning the Peopling of Countries), Vol. II, pp. 231-234. 'Digest of International Law, Moore, Vol. III, p. 329, Rev. Stat., sec. 2169, applies to aliens seeking naturalization. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. R. S. sec. 1992, act of Apr. 9, 1866, ch. 31, sec. 1, 14 Stat. 27.

"Nothing can be more certain," says Secretary Davis, "from all the legislation on the subject than that it was the intent of Congress and the policy of this Nation for years that only the Caucasian, or white race, and the African Negro coming from foreign lands shall become permanent residents of the Nation and shall ultimately, if qualified, be made citizens and that all other races shall be barred except the specifically named exempt classes, and that these shall not become permanent residents. It would be a strange doctrine and queer statesmanship that would provide for the presence in the digestive machinery of the body politic of a large lump of indigestible material." (Report of the Secretary of Labor, 1923, pp. 113-114.)

""

gration act of 1924, among many definitions scattered through sections 3, 4, 5, and 28,7 there are three of vital importance, because they are applicable to terms from which all the vagueness of meaning usual in ordinary conversation must be wholly eliminated. For example: 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; that is to say, inhabitants of the Philippine Islands, Hawaii, Porto Rico, the Virgin Islands, and other insular possessions may enter the United States on the same basis as citizens of continental United States. Now the term "United States," within the meaning of the immigration law, 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. On the other hand "continental United States" means precisely what the term connotes, that is, the States and the District of Columbia.

A study of the sections of the act covering all definitions of terms makes clear the fact that persons desiring to enter the United States fall into five large groups: 1. Persons who are not immigrants, of whom there are six classes;

2. Persons who may be immigrants, separable into two categories;.

3. Persons 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;

4. Persons inhabiting islands subject to the jurisdiction of the United States; and

5. Persons ineligible for citizenship in the United States.

The six classes comprised in Group 1, who are declared to be nonimmigrants by the terms of section 3 of the act, may only be admitted in accordance with conditions and regulations to be prescribed by the departments charged with the enforcement of the provisions of the act, but the act specifically provides, if aliens entering as Government officials, tourists, seamen, or on any other basis, comprised within the six subdivisions referred to, shall change their status after entry, they become liable to deportation, and, furthermore, power is given, where it is deemed necessary, to require a bond for the departure of any alien admitted in accordance with the provisions of this section to insure at the expiration of a fixed time that the alien will depart from the United States.10

Other terms necessitating a precise definition for the purpose of this law will be explained in connection with the elucidation of the provisions of such sections to which they specifically apply.

SELECTION OF IMMIGRANTS ABROAD

(Sections 2, 4, 5, 6, 7, 8, 9, 10, 15, 18, and 23)

For many years preceding the passage of the present law the Government of the United States has sought to impose in foreign ports some sort of supervision over immigrants seeking to reach its shores. These efforts, which related particularly to the enforcement of medical examinations prior to departure, were met by strenuous objection or actual prohibition on the part of certain foreign governments. Quite aside from the fact that the attitude of European nations

7 Appendix A.

8 Citizens of the former Republic, now the Territory of Hawaii, and citizens of the island of Porto Rico are declared by statute to be citizens of the United States. (See for Hawaii, act of Apr. 30, 1900, ch. 339, sec. 4, 31 Stat. 141; for Porto Rico, act of Mar. 2, 1917, ch. 145, sec. 5, 39 Stat. 953.)

The Virgin Islands are described, speaking geographically, in sec. 28 of this act, as part of the United States. It may be assumed that their inhabitants are citizens of the United States. (The writer has been unable so far to find any statute applying specifically to citizenship of the inhabitants of these islands.) In the case of the Philippine Islands, the legal status of their inhabitants, other than those reserving rights under treaty with Spain, and foreigners, as described in the act of Aug. 29, 1916, ch. 416. sec. 2, 39 Stat. 546, is that of citizens of the Philippine Islands. The Philippine legislature is authorized to provide by law for the acquisition of Philippine citizenship by persons residing in the Philippines who are citizens of the United States, or who could become citizens of the United States under its laws, but the precise relation ship of citizens of the Philippines Islands to the United States seems to the writer ill defined, and he has been unable as yet to learn of a ruling on the subject, except in so far as the Bureau of Immigration treats arrivals from those islands on the basis of American citizenship. However this may be, the Philippine Islands being unquestionably under the jurisdiction of the United States, their inhabitants are not, according to the terms of the immigration act of 1924, to be classified as alien.

The State Department's Instructions to Consuls covering provisions of this act are not yet available. Department of Labor, Bureau of Immigration, General Order No. 30, June 6, 1924, supplements rules as of February 1, 1924.

10 Appendix A, sec. 15.

See (1) Memorandum submitted by chargé d'affaires, Italian Embassy, Sept. 15, 1921; (2) Reports of the Immigration Commission, vol. 1, pp. 26-27, presented Dec. 5, 1910, and (3) Moore's Digest of International Law, vol. 2, pp. 13-14.

toward the United States has greatly changed since the war, it is probable that a revival of strict passport control, a practice which had fallen almost into total disuse outside of eastern and southeastern Europe prior to 1914, may, if it did not actually suggest the method about to be described, at least greatly facilitate its practical application.

The principle upon which a selection of immigrants abroad is based in the immigration act of 1924 is that in accordance with international usage a state may demand that all aliens desiring to enter its territories must first submit their passports for examination to its diplomatic or consular representatives stationed in the country from which the alien seeks to enter its territory. This submission of a passport for examination to the diplomatic or consular agents of a foreign power, when approval has been noted upon the document by such an officer, is known as the visa or visé. The term "visa," therefore, has been adopted in the immigration act, section 2, as the term applicable to the document which may be issued to an immigrant seeking admission into the United States, provided that such alien shall have satisfied the American consul that the questions embodied in the application blank for the visa have been fully and truthfully answered. Clearly, therefore, in view of the fact that inquisitorial investigations by agents of the United States respecting the nationals of foreign powers within whose jurisdiction such officers are stationed have been regarded with disfavor in the past, the burden of proof to enter the United States under our immigration laws has rightfully been imposed upon the immigrant.13

12

The procedure required by the act may be briefly summarized as follows: An immigrant seeking to enter the United States must apply for an application blank.14 These applications are to be issued in duplicate and embody a series of questions designed to evoke the fullest possible information respecting the identity, occupation, and character of the immigrant; also his purpose in seeking to enter the United States and destination. Now, as was intimated in a previous paragraph, it must be noted that immigrants are divided into two categories. These categories are called, respectively, quota and nonquota, and the immigrant is required to state under which category he is making his application to enter the United States. For example: Section 4 of the act defines a nonquota immigrant, and as this provision is vital to an understanding of the law as a whole, the section is quoted in full:

"SEC. 4. When used in this act the term 'nonquota immigrant' means"(a) An immigrant who is the unmarried child under eighteen years of age, or the wife, of a citizen of the United States who resides therein at the time of the filing of a petition under section 9;

"(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; or "(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 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."

Generally speaking, a quota immigrant means any immigrant who is not a nonquota immigrant. The applicant in order to prove his good character and identity, as has been referred to previously, is called upon to furnish "two copies of his 'dossier,' and prison record and military record, two certified copies of his birth certificate, and two copies of all other available public records

12 Digest of International Law, Moore, vol. 2, sec. 175, Subsec. I, p. 4 et seq.

18 Appendix A, sec. 23.

14 Appendix A, sec. 7.

concerning him kept by the government to which he owes allegiance." If, upon examination of the proof of eligibility to enter the United States, it shall appear that the provisions of the immigration laws have been fully met by the applicant, the consul is authorized under section 2 to issue to the immigrant a visa, to which is attached a photograph of the applicant." The act, however, specifically confers upon the consul the power to withhold a visa, if he knows or has reason to believe that the immigrant is inadmissible to the United States under the immigration laws.

15

An immigration visa may embody a limitation as to the time of its validity, but in no case shall the time limit so specified exceed four months. Section 6 of the act requires that in the issuance of immigration visas to quota immigrants a preference shall be given to the unmarried child under 21 years of age, to the father, mother, husband or wife of a citizen of the United States, who is 21 years of age or over, and also the quota immigrants skilled in agriculture, their wives and dependent children under 16 years of age. The preferences so accorded under this section, however, are not to exceed 50 per cent of the annual quota assigned to any nationality, and it further provides that the section shall not apply to the quotas of any nation whose immigration allotment is less than 300 persons. It should also be added that in according these preferences the consul is not permitted to make any distinction between applicants belonging to the agricultural group and those otherwise described.

Where an immigrant claims a nonquota classification by reason of relationship under the provisions of subdivision (a) of section 4, or under the provisions of section 6, the act provides that the consul may not issue a visa except where a citizen of the United States claiming an immigrant as his relative and that such immigrant is admissible into the United States as a nonquota immigrant, files a petition with the Commissioner General of Immigration, stating all the facts as prescribed in section 9 of the act; then, if the application is approved, the Secretary of Labor is authorized to inform the Secretary of State of the decision, and the Secretary of State is directed then to authorize the consular officer with whom the application for the immigrant's visa has been filed to issue the visa or grant a preference. The true significance of these provisions will only be apparent when it is realized that foreign nations have made a practice for many years of keeping an accurate record of all the inhabitants of their respective countries; for example-"Every citizen born in Germany," says John C. Goodwin in his Sidelights on Criminal Matters, page 201, "is recorded at the nearest police barracks on the day of his birth. Following upon police investigation and annual reports these items of information are ultimately in possession of the detective branchthe date and place of his birth, the names and past history of each of his parents, and of each of his blood relations and of his relations-in-law, his education, religious persuasion, changes of address, names of friends and associates, details of his marriage, and similar items concerning his wife, children and members of his household. Should he at any time be arrested the following particulars are added to the veritable mine of information concerning him already in the possession of the police-fingerprints, anthropometrical and medical data, photographs, facts bearing upon his methods of crime and similar data concerning his known associates. By an elaborate system of multiple filing, indexing, and cross reference his whole private history is laid bare at a moment's notice.

The necessity for a meticulous adherence to the provisions of section 7, which relate particularly to the identification and verification of the character of the applicant for admission to the United States, has been objected to by certain foreign elements in our country on the ground that the difficulty of presenting documentary proof may in many instances prove an insuperable bar to many persons desirous of emigrating from the country of their birth. To prevent hardships arising from such a state of facts, the act provides that in the case of application made before September 1, 1924, and if it appears to the satisfaction of the consular officer that the immigrant has obtained a visa of his passport before the enactment of this act, and is unable to obtain the documents referred to without undue expense and delay owing to the absence from the country from which such documents should be obtained, the consular agent may relieve such an immigrant from this requirement. In this way it will be appreciated that any person who has started in good faith prior to the passage of this act may not suffer from its provisions, but it is the undoubted purpose

15 See pamphlet issued by the United States Department of Labor, Bureau of Immigration, entitled "Immigration Laws and Rules of February 1, 1924"; also General Order No. 30, June 6, 1924, covering act approved May 26, 1924, supplementing and amending act of 1917; also, see act of May 6, 1882.