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HEARING

BEFORE

COMMITTEE ON IMMIGRATION

UNITED STATES SENATE

SIXTY-SIXTH CONGRESS

THIRD SESSION

ON

H. R. 14461

A BILL TO PROVIDE FOR THE PROTECTION OF THE CITIZENS

OF THE UNITED STATES BY THE TEMPORARY
SUSPENSION OF IMMIGRATION, AND

FOR OTHER PURPOSES

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395

50-134 NULE

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LEBARON B. COLT, Rhode Island, Chairman. WILLIAM P. DILLINGHAM, Vermont.

THOMAS P. GORE, Oklahoma. BOIES PENROSE, Pennsylvania.

JOHN F. NUGENT, Idaho. THOMAS STERLING, South Dakota.

WILLIAM H. KING, Utah. HIRAM W. JOHNSON, California.

WILLIAM J. HARRIS, Georgia. HENRY W. KEYES, New Hampshire,

PAT HARRISON, Mississippi. WALTER E. EDGE, New Jersey,

JAMES D. PHELAN, California. HENRY M. BARRY, Clerk,

EMERGENCY IMMIGRATION LEGISLATION. .

MONDAY, JANUARY 3, 1921.

UNITED STATES SENATE,
COMMITTEE ON IMMIGRATION,

Washington, D. C. The committee met at 10.30 a. m., pursuant to call, in room 235, Senate Office Building, Senator LeBaron B. Colt presiding.

Present: Senators Colt (chairman), Dillingham, Keyes, Edge, Nugent, Harris, Harrison, and Phelan, members of the committee. The committee had under consideration the following bill:

[H. R. 14461, Sixty-sixth Congress, third session.]

AN ACT To provide for the protection of the citizens of the United States by the

temporary suspension of immigration, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this act

The term United States” means the United States and any waters, territory, or other place subject to the jurisdiction thereof except the Isthmian Canal Zone and the Philippine Islands; but if any alien, or any alien seaman, leaves the Canal Zone or any insular possession of the l'nited States and attempts to enter any other place under the jurisdiction of the United States nothing contained in this act shall be construed as permitting him to enter under any other conditions than those applicable to all aliens, or to all alien seamen, respectively ;

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

The word "alien" includes any person 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.

Sec. 2. Except as otherwise provided in this act, from sixty days after the passage of this act, and until the expiration of fourteen months next after its passage, the immigration of aliens to the United States is prohibited, and during such time it shall not be lawful for any alien to enter the United States from any foreign port or place, or, having so entered, to remain within the United States.

SEC. 3. (a) Section 2 shall not apply to otherwise admissible aliens lawfully resident in the United States, nor to otherwise admissible aliens of the following status or occupations, when complying with the requirements of this section and with all other provisions of the immigration laws:

(1) Government officials, their families, attendants, servants, and employees;

(2) Travelers or temporary sojourners for pleasure or business who may enter the United States during the time of suspension of immigration for a period not exceeding six months each, which period may be extended in individual cases by the Secretary of State;

(3) Bona fide students who may enter the United States solely for the purpose of study at educational institutions particularly designated by them; and

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upon graduation, completion, or discontinuance of studies they shall not be entitled to remain in the United States;

(4) Ministers of any religious denomination.

(b) An alien belonging to one of the classes or persons enumerated in subdivision (a) shall be permitted to enter the United States only upon presentation of a valid passport or other official document in the nature of a passport (hereinafter referred to as a passport) satisfactorily establishing his identity, nationality, and to which of the classes so enumerated he belongs, together with a signed and certified photograph of the bearer attached. A wife, or a female child under twenty-one years of age, or a male child under sixteen years of age, may be included in the passport of a husband or parent, but a photograph of each must be attached to the passport. Each male child sixteen years of age or over must carry a separate passport.

(c) Each such passport must be viséed by an American consulate, or a diplomatic mission if specially authorized, in the country from which the holder starts on his trip to the United States, and if such country is not the country to which he owes allegiance the passport must also be viséed by a diplomatic or consular officer therein of his own country. In all cases the passport must also be viséed by an American consulate, or the diplomatic mission if specially authorized, in the country from which the alien embarks for the United States, or if he comes by land, the country by which he enters the United States.

(d) Each alien coming within the provisions of this section, except a duly accredited government official, must furnish to the American diplomatic or consular officer who visées the passport in the foreign country from which he starts on his trip to the United States, and to the American authorities at the port of entry or elsewhere in the United States, a written declaration setting forth : (1) The date and place of the bearer's birth; (2) the nationality and race of his father and mother; (3) the place of the bearer's last foreign residence and the other places, if any, where he has resided within the past five years, and what has been his occupation during that period; (4) if he has ever been in this country, the dates and objects of his visits and the places and addresses where he resided or sojourned; (5) the date set for his departure for the United States, the port of embarkation, and the name of the ship on which he is to sail, if he goes by water; (6) names and addresses of persons acquainted with the applicant in the country from which he starts and in the United States, if any; (7) the expected duration and object of his proposed visit to this country, the documentary or other proofs of such objects submitted, and the place or places in the United States where he expects to sojourn or reside; (8) that the bearer knows and understands the provisions of the immigration laws, excluding certain classes of aliens from the United States, and is certain that he does not fall within any of such classes; (9) that the bearer understands that if, on arrival at a port of the United States, he is found to be a member of a class excluded by the immigration laws, he will be deported if practicable, or, if for any reason deportation should be found to be impracticable, will be held in detention in an immigration station or other place of confinement, and that he is, with full understanding thereof, assuming all risks involved in a possible return trip in consequence of being rejected under such law.

(e) A wife or minor child who does not expect to reside with the husband or father in the United States must carry a separate declaration.

(f) Each declaration must be affirmed or sworn to before a consular officer, or a diplomatic officer of the United States if specially authorized, and signed in triplicate, and a photograph of the declarant must be attached to each copy with an impression of the official seal. The declaration must be made at least two weeks before the date of intended departure, except in cases of extraordinary emergency. One copy of the declaration must be filed in the embassy, legation, or consulate by which the passport is first viséed, one copy forwarded immediately to the commissioner of immigration or inspector in charge at the port of entry by which the declarant expects to enter the United States and one copy fastened to the passport of the declarant in such a way that it may be removed upon his departure from the United States. The copy last mentioned must be presented with the passport to the official at the port of entry into this country who examines passports, and to the immigration official who inspects the holder, and to such other officials in the United States as may be authorized to inspect such documents,

SEC. 4. (a) A citizen of the United States twenty-one years of age or over, who is a resident of the United States, may, under regulations prescribed by the Secretary of Labor, apply to him for permission to bring into the United

States or send for an otherwise admissible wife, parent, grandparent, unmarried son or brother under twenty-one years of age, unmarried or widowed daughter, or sister, grandson under sixteen years of age whose father is dead, or unmarried or widowed granddaughter whose father is dead; and any alien who has declared, in the manner provided by law, his intention to become a citizen of the United States, and who is a resident of the United States, may make like application in reference to an otherwise admissible husband or wife, unmarried son under twenty-one years of age, or unmarried or widowed daughter; but no application may be made under this paragraph in the case of any relative by adoption.

(b) If the Secretary of Labor is satisfied that the entry into the United States of such relative would not be in violation of the immigration laws, and that such relative is likely to prove a desirable resident of the United States, he may issue a permit to the applicant, under such regulations as he may prescribe, which shall authorize the immigration officers at the port of entry to examine such relative upon arrival at such port. Thereafter the right of such relative to admission shall be as provided by the immigration laws, except that it shall not be subject to the act entitled "An act to prevent in time of war departure from and entry into the United States contrary to the public safety, approved May 22, 1918," or to the provisions of any proclamation, order, rule, or regulation made thereunder, and except that the literacy test may, in the discretion of the Secretary of Labor, be waived in the case of such relative.

SEC. 5. Nothing in section 2 shall be held to prevent the importation of skilled labor under the conditions prescribed in the fourth proviso to section 3 of the immigration act nor to the importation of persons employed as domestic servants.

SEC. 6. The joint resolution approved October 19, 1918, entitled “ Joint resolution authorizing the readmission to the United States of certain aliens who have been conscripted or who have volunteered for service with the military forces of the United States or cobelligerent forces,” is hereby amended by adding thereto a proviso reading as follows: "Provided. That if any such alien shall on arrival at a port of the United States be found to be afflicted with a loathsome or contagious disease, such alien shall not be readmitted until he shall have been treated in hospital and the disea se reduced to noncontagious stage."

SEC. 7. During the period of suspension provided for in section 2 otherwise admissible aliens who have resided continuously in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico for at least one year may be temporarily admitted, for a period not exceeding six months, from such countries, under such rules governing entry, inspection, temporary stay, and departure as may be prescribed by the Commissioner General of Immigration, with the approval of the Secretary of Labor.

SEC. 8. Any alien who at any time after entering the United States is found to have been at the time of entry not entitled under this act to enter the United States, or to have remained therein for a longer time than permitted under section 3 or section 7, shall be taken into custody and deported in the manner provided for in sections 19 and 20 of the immigration act.

Sec. 9. The provisions of sections 18 and 20 of the immigration act assessing a penalty for failure or refusal to accept, to detain, or guard safely, to return, and to transport to foreign destination aliens excluded or expelled from the United States, or to pay maintenance and deportation expenses of aliens, or for making any charge for the return of excluded or expelled aliens, or for taking any security for the payment of such charge, or for taking any consideration from aliens to be returned in case of landing, or for bringing to the United States any deportell aliens within a year from date of deportation without the consent of the Secretary of Labor, shall apply to and be enforced in connection with the provisions of this act relating to the exclusion or expulsion of aliens.

SEC. 10. Willfully to give false evidence or swear to any false statement in connection with the enforcement of this act shall constitute perjury as such offense is defined in section 16 of the immigration act; and the provisions of sections 16 and 17 of the immigration act. prescribing methods of procuring evidence concerning aliens, and defining offenses and prescribing punishments therefor, shall apply to and be enforced in connection with the provisions of this act.

SEC. 11. Any person who substitutes any name for the name written in any document herein required, or any photograph for the photograph attached to any such document, or forges or in any manner alters any such document, or falsely personates any person named in any such document, or issues or utters

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