Number of persons assisting aliens to enter the United States illegally! The number of Chinese applying for admission to the United States shows little variation from year to year. In the fiscal year 1928, 7,996 Chinese aliens were admitted as compared with 8,305 in the fiscal year 1927. Of those who were admitted in the fiscal year 1928, 4,653 were Chinese passing in transit through the United States, while 5,142 so entered in the fiscal year 1927; 398 temporary visitors were admitted as compared with 403 of this class in the previous fiscal year; 1,919 resident Chinese reentered after temporary visits abroad as compared with 1,814 in the previous year; and 572 merchants were admitted as compared with 500 in the previous year. Exclusive of transits, temporary visitors, and returning residents, 1,026 Chinese entered the United States during the fiscal year 1928. Only Chinese ministers of a recognized religious denomination, professors for colleges or seminaries, together with their wives and children, and resident Chinese were admitted to remain permanently. While students and merchants are admitted for an indefinite period, both classes are permitted to remain only so long as they maintain their status as students or merchants. Only five ministers or professors were admitted during the past fiscal year. In regulating Chinese immigration it becomes necessary to apply the general immigration laws, the Chinese exclusion acts, and the so-called quota act of 1924. Under the Chinese exclusion acts and the treaty of 1880 the exempt classes are described as teachers, students, merchants, officials, and travelers for curiosity or pleasure. The act of 1924 narrows the class of teachers to those teachers who are professors in colleges or seminaries, removes students and merchants from those entitled to unqualifiedly permanent residence, and restricts merchants to those who are coming for the purpose of engaging in trade in accordance with a present existing treaty of commerce and navigation. Since students and merchants who entered initially after July 1, 1924, do not acquire an unqualified domicile in the United States, they are no longer permitted to reenter on the basis merely of previous residence in the United States after temporary absence abroad. The great majority of persons of the Chinese race seeking admission claim the right to enter by virtue of alleged United States citizenship. Although ineligible to citizenship by naturalization, Chinese as well as other persons born in the United States are citizens thereof and the children of citizens are likewise citizens. In past years thousands of Chinese have been released by the courts as citizens and other thousands have been admitted at the ports of entry upon the basis of claimed birth in the United States. Those Chinese who now seek admission as citizens are for the most part alleged sons and daughters of Chinese whose citizenship has been judicially determined or administratively determined at ports of entry. The most difficult task confronting immigration officers is the determination of the question of relationship. Since China is the birthplace of these applicants, it is difficult to determine the truth or falsity of asserted relationship. The immigration officers are compelled to subject the applicant and the witnesses to long detailed examinations covering not only the question of relationship but all matters of common knowledge between the applicant and his witnesses, concerning which a knowledge or a lack of knowledge would show whether the applicant had in fact been a member of his alleged father's household and had resided in the home and village in China as claimed. The decision of a board of special inquiry upon the questions involved is made final by statute, except that an appeal to the Secretary of Labor is authorized. The decision of the Secretary of Labor is final on appeal. However, the courts have shown an increasing tendency during the past fiscal year to set aside the decision of the Secretary in habeas corpus proceedings. Most of the disagreements in the testimony of the applicant and his witnesses on which excluding decisions are based relate to matters collateral to the issue, as obviously the applicant would not present witnesses to testify in his behalf who would disagree with him on the point at issue, namely, as to whether he is the child of a citizen of the United States. While the courts are not permitted to weigh the evidence or to discharge an alien because in their opinion the decision was wrong, certain of the district courts and circuit courts of appeals have held that there was no substantial evidence on which the decision was based, and that therefore the decision was arbitrary. The question of the right of the courts so to discharge applicants after rejection has not been carried to the Supreme Court of the United States, although a number of cases are pending in which such action may be taken. The question of whether relationship may be determined by examination concerning collateral matters having no direct bearing upon relationship is a vital one, affecting not only individual Chinese applicants for admission but the maintenance of the only procedure which has been found effective in arriving at the truth. The time has now been reached when the grandsons of Chinese born in the United States are old enough to apply in large numbers for admission as citizens. The United States Supreme Court held in the case of Chin Yow v. United States that such persons were not citizens and must be classed as aliens unless their fathers had resided in the United States. This decision is a most salutary one. Administratively the principal difficulty now attending the consideration of applications of Chinese for admission is the long delay consequent upon the lengthy and detailed examination necessary for a determination of these cases. Every effort is exerted to shorten the period of detention without sacrifice of thoroughness. Substantial improvements in this respect have been effected at some of the ports, particularly Boston. While the present statutes effectively check the entry of Chinese aliens through regular channels, those who are inadmissible still seek surreptitious entry through the ports and over the land borders, and many gain entry in the guise of seamen, declaring it to be their purpose to reship foreign and thereafter deserting and taking up residence in this country. This method of entry, however, is not peculiar to Chinese; on the contrary, is practiced by all races. RETURN PERMITS Return permits are issued to Chinese of the exempt classes who have been previously admitted for permanent and unrestricted residence. During the fiscal year 1928 such permits were issued to 472 of this class, 53 were denied, and 145 extensions of previously issued permits were granted. Chinese arrested (Chinese exclusion acts) Cases pending beginning of year (including aliens awaiting deportation on appeal) Arrested during the year (new cases) Cases disposed of: Deported On order of United States commissioner.......... Discharged On order of United States commissioner... Died, 1; escaped, 1; forfeited bail, 6; pending, 91. DEPORTATIONS (EXPULSIONS) During the year just closed 11,625 aliens were disposed of through the institution of deportation proceedings. Of this number, 7,313 were deported at the expense of the immigration appropriation, 2,032 were deported at the expense of the steamship lines which brought them to the United States, 887 were permitted to ship one way foreign as members of crews of departing vessels, and 1,393 were permitted to depart voluntarily at their own expense. Of the 11,625 aliens in respect of whom deportation proceedings were instituted, 5,021 returned to Europe, 2,511 to Canada, 2,934 to Mexico, 532 to other countries in the Western Hemisphere, 529 to Asia, and 98 to Africa, Australia, and the Pacific islands. Deportations by months were as follows: Ninety deportation parties were moved during the year. These group movements saved many thousands of dollars as compared with the expenses incurred under the old system of removing aliens individually or in small parties as they became completely ready for deportation. In addition to the economies thus effected, the amount of which in the nature of things can not be definitely determined, approximately $628,920 was saved by permitting aliens under deportation to sign up as members of crews of vessels proceeding foreign and in permitting others to pay their own passage or voluntarily depart across the land borders. These savings are set forth in detail in the subjoined summary. Of the 887 aliens who were permitted to reship one way foreign as members of crews in lieu of deportation, 793 had had previous experience as seamen while 94 were without such experience. On hand by field officers beginning of year unserved.. Total warrants of arrest.... Served in penal institutions.- Served in hospitals and almshouses. Served at large.. On hand by field officers, unserved, close of year. Total warrants of arrest.. Warrants of deportation: On hand by field officers beginning of year.. Total warrants of deportation. Executed, aliens removed Shipped foreign one way. Paid own passage; departed from seaports.. Total warrants of deportation__ Summary Number of Savings to appropriation 1 Warrant of arrest issued in respect of 74 aliens-not in respect of 90 aliens. 444,920 628,920 19, 946 31, 571 |