STATEMENT OF NUMBER OF RESIDENT INDIVIDUALS OF VARIOUS

NATIONALITIES

(b) The Secretary of State, the Secretary of Commerce, and the Attorney General, jointly, shall, as soon as feasible after the enactment of this Act, prepare a statement showing the number of individuals of the various nationalities resident in continental United States as determined by the United States census of 1890, which statement shall be the population basis of the purposes of subdivision (a) of section 11. In the case of a country recognized by the United States, but for which a separate enumeration was not made in the census of 1890, the number of individuals born in such country and resident in continental United States in 1890, as estimated by such officials jointly, shall be considered for the purposes of subdivision (a) of section 11 as having been determined by the United States census of 1890. In the case of a colony or dependency existing before 1890, but for which a separate enumeration was not made in the census of 1890 and which was not included in the enumeration for the country to which such colony or dependency belonged, or in the case of territory administered under a protectorate, the number of individuals born in such colony, dependency, or territory, and resident in continental United States in 1890, as estimated by such officials jointly, shall be considered for the purposes of subdivision (a) of section 11 as having been determined by the United States census of 1890 to have been born in the country to which such colony or dependency belonged or which administers such protectorate.

EFFECT OF CHANGES IN POLITICAL BOUNDARIES IN FOREIGN COUNTRIES

(c) In case of changes in political boundaries in foreign countries occurring subsequent to 1890 and resulting in the creation of new countries, the Governments of which are recognized by the United States, or in the establishment of self-governing dominions, or in the transfer of territory from one country to another, such transfer being recognized by the United States, or in the surrender by one country of territory, the transfer of which to another country has not been recognized by the United States, or in the administration of territories under mandates, (1) such officials, jointly, shall estimate the number of individuals resident in continental United States in 1890 who were born within the area included in such new countries or self-governing dominions or in such territory so transferred or surrendered or administered under a mandate, and revise (for the purposes of subdivision (a) of section 11) the population basis as to each country involved in such change of political boundary, and (2) if such changes in political boundaries occur after the determination provided for in subdivision (c) of section 11 has been proclaimed, such officials, jointly, shall revise such determination, but only so far as neces sary to allot the quotas among the countries involved in such change of political boundary. For the purpose of such revision and for the purpose of determining the nationality of an immigrant, (A) aliens born in the area included in any such new country or self-governing dominion shall be considered as having been born in such country or dominion, and aliens born in any territory so transferred shall be considered as having been born in the coun

try to which such territory was transferred, and (B) territory so surrendered or administered under a mandate shall be treated as a separate country. Such treatment of territory administered under a mandate shall not constitute consent by the United States to the proposed mandate where the United States has not consented in a treaty to the administration of the territory by a mandatory power.

STATEMENTS, ETC., MADE ANNUALLY

(d) The statements, estimates, and revisions provided in this section shall be made annually, but for any fiscal year for which quotas are in effect as proclaimed under subdivision (e) of section 11, shall be made only (1) for the purpose of determining the nationality of immigrants seeking admission to the United States during such year, or (2) for the purposes of clause (2) of subdivision (c) of this section.

ANNUAL REPORT TO PRESIDENT OF QUOTA NATIONALITY; PROCLAMATION OF QUOTAS

(e) Such officials shall, jointly, report annually to the President the quota of each nationality under subdivision (a) of section 11, together with the statements, estimates, and revisions provided for in this section. The President shall proclaim and make known the quotas so reported and thereafter such quotas shall continue, with the same effect as if specifically stated herein, for all fiscal years except those years for which quotas are in effect as proclaimed under subdivision (e) of section 11, and shall be final and conclusive for every purpose. (43 Stat. 160-161; 8 U. S. C. 212 (a)–212 (e).)

EXCLUSION FROM UNITED STATES; PERSONS NOT TO BE ADMITTED 18

SEC. 13. (a) No immigrant shall be admitted to the United States unless he (1) has an unexpired immigration visa or was born subsequent to the issuance of the immigration visa of the accompanying parent; (2) is of the nationality specified in the visa in the immigration visa; (3) is a nonquota immigrant if specified in the visa in the immigration visa as such; (4) is a preference-quota immigrant if specified in the visa in the immigration visa as such; and (5) is otherwise admissible under the immigration laws.19 20

READMISSION OF LEGALLY ADMITTED ALIENS WHO HAVE TEMPORARILY DEPARTED WITHOUT VISAS

(b) In such classes of cases and under such conditions as may be by regulations prescribed immigrants who have been legally

18 For other classes of aliens excluded from admission into the United States see footnote 7, p. 3.

19 See also act of March 24, 1934, as amended (48 Stat, 456, 462, 463; 53 Stat. 1230; 48 U. S. C. 1232), p. 100.

20 Act of May 14, 1937 (50 Stat. 165; 8 U. S. C. 213 (a)). Prior thereto, subdivision (a) of section 13, Act of May 26, 1924 (43 Stat. 161-162), read as follows: "No immigrant shall be admitted to the United States unless he (1) has an unexpired immigration visa or was born subsequent to the issuance of the immigration visa of the accompanying parent, (2) is of the nationality specified in the visa in the immigration visa, (3) is a nonquota immigrant if specified in the visa in the immigration visa as such, and (4) is otherwise admissible under the immigration laws."

admitted to the United States and who depart therefrom temporarily may be admitted to the United States without being required to obtain an immigration visa.

ALIENS INELIGIBLE TO CITIZENSHIP NOT TO BE ADMITTED, ETC.

(c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a non-quota immigrant under the provisions of subdivisions (b), (d), or (e) of section 4, or (2) is the wife, or the unmarried child under 18 years of age, of an immigrant admissible under such subdivision (d), and is accompanying or following to join him, (3) is not an immigrant as defined in section 3, or (4) is the Chinese wife of an American citizen who was married prior to the approval of the Immigration Act of 1924, approved May 26, 1924.21

ALIENS INADMISSIBLE UNDER CLAUSES 2 AND 3 OF SUBDIVISION (a) OF THIS SECTION

(d) The Attorney General may admit to the United States any otherwise admissible immigrant not admissible under clause (2) or (3) of subdivision (a) of this section, if satisfied that such inadmissibility was not known to, and could not have been ascertained by the exercise of reasonable diligence by, such immigrant prior to the departure of the vessel from the last port outside the United States and outside foreign contiguous territory, or, in the case of an immigrant coming from foreign contiguous territory, prior to the application of the immigrant for admission.

SAME; EXHAUSTION OF PERMITTED VISAS ISSUABLE TO QUOTA IMMIGRANTS

(e) No quota immigrant shall be admitted under subdivision (d) if the entire number of immigration visas which may be issued to quota immigrants of the same nationality for the fiscal year has already been issued. If such entire number of immigration visas has not been issued, then the Secretary of State, upon the admission of a quota immigrant under subdivision (d), shall reduce by one the number of immigration visas which may be issued to quota immigrants of the same nationality during the fiscal year in which such immigrant is admitted; but if the Secretary of State finds that it will not be practicable to make such reduction before the end of such fiscal year, then such immigrant shall not be admitted.

FINES NOT TO BE REMITTED OR REFUNDED

(f) Nothing in this section shall authorize the remission or refunding of a fine, liability to which has accrued under section 16. (43 Stat. 161-162; 50 Stat. 165; 46 Stat. 581; 8 U. S. C. 213 (a)–213 (f).)

21 Act of June 13, 1930 (46 Stat. 581; 8 U. S. C. 213 (c)). Subdivision (c) of section 13, Act of May 26, 1924 (43 Stat. 162; 8 U. S. C. 213 (c)), clause (4) was added thereto. For definition of alien ineligible to citizenship see sec. 28, Act of May 26, 1924, p. 59.

DEPORTATION; PROCEDURE; ALIEN CHILDREN UNDER AGE OF SIXTEEN YEARS

SEC. 14. 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 this Act or regulations made thereunder, shall be taken into custody and deported in the same manner as provided for in sections 19 and 20 of the Immigration Act of 1917: Provided, That the Attorney General may, under such conditions and restriction as to support and care as he may deem necessary, permit permanently to remain in the United States, any alien child who, when under 16 years of age was heretofore temporarily admitted to the United States and who is now within the United States and either of whose parents is a citizen of the United States.22 (43 Stat. 162; 8 U. S. Č. 214.)

MAINTENANCE OF EXEMPT STATUS (ADMISSION OF PERSONS EXCEPTED FROM DEFINITION OF IMMIGRANT AND NONQUOTA IMMIGRANT)

SEC. 15. The admission to the United States of an alien excepted from the class of immigrants by clause (1), (2), (3), (4), (5), or (6) of section 3, or declared to be a nonquota immigrant by subdivision (e) of section 4, shall be for such time and under such conditions as may be by regulations prescribed (including, when deemed necessary for the classes mentioned in clause (2), (3), (4), or (6) of section 3 and subdivision (e) of section 4,2 the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) 25 to insure that, at the expiration of such time or upon failure to maintain the status under which admitted, he will depart from the United States: Provided, That no alien who has been, or who may hereafter be, admitted into the United States under clause (1) of section 3, as an official of a foreign government, or as a member of the family of such official, shall be required to depart from the United States without the approval of the Secretary of State. (43 Stat. 162-3; 47 Stat. 524-5; 54 Stat. 711; 8 U. S. C. 215.)

UNLAWFUL BRINGING OF ALIEN INTO UNITED STATES BY WATER; PENALTY; AMOUNT; CLEARANCE TO VESSELS; REMISSION OR REFUNDMENT

SEO. 16. (a) It shall be unlawful for any person, including any transportation company, or the owner, master, agent, charterer, or

For other provisions covering deportation of aliens see sec. 3, Act of May 14, 1937 (50 Stat. 165; 8 U. S. C. 213 (a)), p. 103. For deportation of agricultural laborers admitted under the Act of Feb. 14, 1944 (Pub. Law 229), see p. 127.

23 Act of July 1, 1940 (54 Stat. 711; 8 U. S. C. 215). Section 15 of the Act of May 26, 1924 (43 Stat. 162), originally read in part as follows: "The admission to the United States of an alien excepted from the class of immigrants by clause (2),

"

This was amended by the Act of July 1, 1932 (47 Stat. 524-525; 8 U. S. C. 215), to read: "The admission to the United States of an alien excepted from the class of immigrants by clause (1) (except a Government official and his family), (2), For additional cause for deportation of an alien under this section, see sec. 3. Act of May 14, 1937 (50 Stat. 165; 8 U. S. C. 213 (a)), p. 103.

Act of July 1, 1932 (47 Stat. 524-525 8 U. S. C. 215), Inserted the words "and subdivision (e) of section 4", into section 15, Act of May 26, 1924 (43 Stat. 162). 25 The Act of Feb. 14, 1944 (58 Stat. 104) p. 127, provides that in the case of agricultural laborers admitted under that Act such alien shall be admitted for such time and under such conditions (but not including the exaction of bond to insure ultimate departure from the United States) as may be required by regulations prescribed. 20 Act of July 1, 1940 (54 Stat. 711; 8 U. S. Č. 215), added the proviso to section 15, Act of May 26, 1924 (43 Stat. 162).

consignee of any vessel, to bring to the United States by water from any place outside thereof (other than foreign contiguous territory) (1) any immigrant who does not have an unexpired immigration visa, or (2) any quota immigrant having an immigration visa the visa in which specifies him as a non-quota immigrant.

(b) If it appears to the satisfaction of the Attorney General that any immigrant has been so brought, such person, or transportation company, or the master, agent, owner, charterer, or consignee of any such vessel, 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 immigrant so brought, and in addition a sum equal to that paid by such immigrant for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter sum to be delivered by the collector of customs to the immigrant on whose account assessed. No vessel shall be granted clearance pending the determination of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs.

(c) Such sums shall not be remitted or refunded, unless it appears to the satisfaction of the Attorney General that such person, and the owner, master, agent, charterer, and consignee of the vessel, prior to the departure of the vessel from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, (1) that the individual transported was an immigrant, if the fine was imposed for bringing an immigrant without an unexpired immigration visa, or (2) that the individual transported was a quota immigrant, if the fine was imposed for bringing a quota immigrant the visa in whose immigration visa specified him as being a non-quota immigrant. (4 Stat. 163; 8 U. S. C. 216 (a)-216 (c).)

ENTRY FROM FOREIGN CONTIGUOUS TERRITORY (CONTRACTS WITH TRANSPORTATION LINES; RULES AND REGULATIONS; ENTRY FROM CONTIGUOUS TERRITORY)

SEO. 17. The Commissioner of Immigration and Naturalization, with the approval of the Attorney General, shall have power to enter into contracts with transportation lines for the entry and inspection of aliens coming to the United States from or through foreign contiguous territory. In prescribing rules and regulations and making contracts for the entry and inspection of aliens applying for admission from or through foreign contiguous territory due care shall be exercised to avoid any discriminatory action in favor of transportation companies transporting to such territory aliens destined to the United States, and all such transportation companies shall be required, as a condition precedent to the inspection or examination under such rules and contracts at the ports of such contiguous territory of aliens brought thereto by them, to submit to and comply with all the requirements of this Act which would apply were they bringing such aliens directly to ports of

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