(1) Any alien who, at any time within five years after entry, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.

(2) Any alien who, at any time after entry, shall have on more than one occasion, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien or aliens to enter or to try to enter the United States in violation of law.

(3) Any alien who, at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semiautomatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sawed-off shotgun.

(4) Any alien who, at any time within five years after entry, shall have been convicted of violating the provisions of title I of the Alien Registration Act, 1940. (54 Stat. 671-672; 8 U. S. C. 155.)

(5) Any alien who, at any time after entry, shall have been convicted more than once of violating the provisions of title I of the Alien Registration Act, 1940.

No alien who is deportable under the provisions of paragraph (3), (4), or (5) of this subsection shall be deported until the termination of his imprisonment or the entry of an order releasing him on probation or parole. (54 Stat. 672; 8 U. S. C. 155.)

VOLUNTARY DEPARTURE OF DEPORTABLE ALIENS; SUSPENSION OF DE*PORTATION IN THE DISCRETION OF THE ATTORNEY GENERAL; REPORTS TO THE CONGRESS; CANCELATION OF DEPORTATION PROCEEDINGS

(c) In the case of any alien (other than one to whom subsection (d) is applicable) who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may (1) permit such alien to depart the United States to any country of his choice at his own expense, in lieu of deportation, or (2) suspend deportation of such alien if not racially inadmissible or ineligible to naturalization in the United States if he finds that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable alien. If the deportation of any alien is suspended under the provisions of this subsection for more than six months, all of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such suspension. These reports shall be submitted on the 1st and 15th day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress, the two Houses pass a concurrent resolution stating in substance that the Congress does not favor the suspenion of such deportation, the Attorney General shall thereupon deport such alien in the manner provided by law. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress, the

57

two Houses do not pass such a resolution, the Attorney General shall cancel deportation proceedings upon the termination of such session, except that such proceedings shall not be canceled in the case of any alien who was not legally admitted for permanent residence at the time of his last entry into the United States, unless such alien pays the Commissioner of Immigration and Naturalization a fee of $18 (which fee shall be deposited in the Treasury of the United States as miscellaneous receipts). Upon the cancellation of such proceedings in any case in which fee has been paid the Commissioner shall record the alien's admission for permanent residence as of the date of his last entry into the United States and the Secretary of State shall, if the alien was a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce by one the immigration quota of the country of the alien's nationality as defined in section 12 of the Act of May 26, 1924 (U. S. C., title 8, section 212), for the fiscal year then current or next following.

DISCRETION OF THE ATTORNEY GENERAL NOT APPLICABLE TO CERTAIN
DEPORTABLE CLASSES

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(d) The provisions of subsection (c) shall not be applicable in the case of any alien who is deportable under (1) the Act of October 16, 1918 (40 Stat. 1008; U. S. C., title 8, sec. 137), entitled "An Act to exclude and expel from the United States aliens who are members of the anarchist and similar classes"," as amended; (2) the Act of May 26, 1922, entitled "An Act to amend the Act entitled 'An Act to prohibit the importation and use of opium for other than medicinal purposes', approved February 9, 1909, as amended" (42 Stat. 596; Ú. S. C., title 21, sec. 175); (3) the Act of February 18, 1931, entitled "An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regulating traffic in narcotics", as amended (46 Stat. 1171; U. S. C., title 8, sec. 156a); 59 (4) any of the provisions of so much of subsection (a) of this section as relates to criminals, prostitutes, procurers, or other immoral persons, the mentally and physically deficient, anarchists, and similar classes; or (5) subsection (b) of this section. (54 Stat. 672-673; 8 U. S. C. 155.)

AMENDMENTS OF THE ALIEN NARCOTICS ACT OF FEBRUARY 18, 1931

SEC. 21. The Act entitled "An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regu

Act of Dec. 8, 1942 (56 Stat. 1044; 8 U. S. C. 155), amended subsection (c) of sec. 19 of the Act of Feb. 5, 1917, as follows: deleted the words "within ten days after the beginning of its next regular session" from the second sentence; inserted between the second and third sentences the sentence beginning "These reports shall be

"

repealed the third sentence reading "The Clerk of the House shall have such report printed as a public document"; amended the fourth and fifth sentences by adding the words "of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress," See footnote 41, p. 25.

For additional provisions relative to anarchists and similar classes, see sec. 3, Act of February 5, 1917 (39 Stat. 875-878; 8 U. S. C. 136), 13 137), as amended by the Acts of June 5, 1920 (41 Stat. 1008), and June 28, 1940 (54 Stat. 673), may be found on p. 77. The Act of February 9, 1909 (35 Stat. 614), as amended by the Act of May 26, 1922 (42 Stat. 596-597; 21 U. S. C. 171, 174, 175) may be found on 66. The Act of February 18, 1931 (46 Stat. 1171), as amended by sec. 21, Act of 28, 1940 (54 Stat. 673; 8 U. S. C. 156a), may be found on p. 96.

lating traffic in narcotics", approved February 18, 1931, is amended

(1) By striking out the words "and sentenced";

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(2) By inserting after the words "any statute of the United States" the following: "or of any State, Territory, possession, or of the District of Columbia,"; and

(3) By inserting after the word "heroin" a comma and the word "marihuana". (54 Stat. 673; 8 U. S. C. 156a.)

LIMITATION ON DEPORTATION BECAUSE OF ACTS COMMITTED PRIOR TO JUNE 28, 1940

SEC. 22. No alien shall be deportable by reason of the amendments made by section 20 or 21 on account of any act committed prior to the date of enactment of this Act. (54 Stat. 673.)

AMENDMENTS OF THE ANARCHIST ACT OF OCTOBER 16, 1918

SEC. 23. (a) The first paragraph of section 1 of the Act entitled "An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes", approved October 16, 1918, as amended, is amended to read as follows:

That any alien who, at any time, shall be or shall have been a member of any one of the following classes shall be excluded from admission into the United States.

(b) Section 2 of such Act of October 16, 1918, as amended, is amended to read as follows:

A

SEC. 2. Any alien who was at the time of entering the United States, or has been at any time thereafter, a member of any one of the classes of aliens enumerated in section 1 of this Act, shall, upon the warrant of the Attorney General, be taken into custody and deported in the manner provided in the Immigration Act of February 5, 1917. The provisions of this section shall be applicable to the classes of aliens mentioned in this Act, irrespective of the time of their entry into the United States. (54 Stat. 673; 8 U. S. C. 137.)

TITLE III

REGISTRATION AND FINGERPRINTING BY UNITED STATES CONSULS OF ALIENS SEEKING ADMISSION TO THE UNITED STATES; DISPOSITION OF VISAS

SEC. 30. No visa shall hereafter be issued to any alien seeking to enter the United States unless said alien has been registered and fingerprinted in duplicate. One copy of the registration and fingerprint record shall be retained by the consul. The second copy shall be attached to the alien's visa and shall be taken up by the examining immigrant inspector at the port of arrival of the alien in the United States and forwarded to the Department of Justice, at Washington, District of Columbia.

Any alien seeking to enter the United States who does not present a visa (except in emergency cases defined by the Secretary of State), a reentry permit, or a border-crossing identification card shall be excluded from admission to the United States.60 (54 Stat. 673; 8 U. S. C. 451.)

:

The Act of Feb. 14, 1944 (Pub. Law 229), p. 127, provides that a Service identification card described therein is acceptable in case of agricultural laborers seeking admission under that Act.

REGISTRATION AND FINGERPRINTING OF ALIENS WITHIN 30 DAYS OF ARRIVAL

SEC. 31. (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 30, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. (54 Stat. 673–674; 8 U. S. C. 452.)

REGISTRATION BY PARENT OR GUARDIAN OF ALIENS UNDER 14 YEARS OF AGE

(b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 30, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted. (54 Stat. 674; 8 U.S. C. 452.)

FOUR MONTHS' REGISTRATION PERIOD FOR ALIENS IN THE UNITED STATES ON AUGUST 27, 1940; EXEMPTION OF FOREIGN GOVERNMENT OFFICIALS AND THEIR FAMILIES; AUTHORITY TO PRESCRIBE REGULATIONS

SEC. 32. Notwithstanding the provisions of sections 30 and 31(a) The application for the registration and fingerprinting, or for the registration, of any alien who is in the United States on the effective date of such sections may be made at any time within four months after such date.

(b) No foreign government official, or member of his family, shall be required to be registered or fingerprinted under this title. (c) The Commissioner is authorized to prescribe, with the approval of the Attorney General, special regulations for the registration and fingerprinting of (1) alien seamen, (2) holders of border-crossing identification cards, (3) aliens confined in institutions within the United States, (4) aliens under order of deportation, and (5) aliens of any other class not lawfully admitted to the United States for permanent residence. (54 Stat. 674; 8 U. S. C. 453.)

REGISTRATION AND FINGERPRINTING AT POST OFFICES OR OTHER
DESIGNATED PLACES

SEC. 33. (a) All applications for registration and fingerprinting under section 31 shall be made at post offices or such other places as may be designated by the Commissioner. (54 Stat. 674; 8 U. S. Č. 454.)

DUTIES OF POSTMASTERS TO REGISTER AND FINGERPRINT ALIENS; TRANSMITTAL OF RECORDS TO THE DEPARTMENT OF JUSTICE

(b) It shall be the duty of every postmaster, with such assistance as shall be provided by the Commissioner, to register and fingerprint any applicant for registration and fingerprinting under such section, and for such purposes to designate appropriate space in the local post office for such registration and fingerprinting. Every postmaster shall forward promptly to the Department of Justice, at Washington, District of Columbia, the registration and fingerprint record of every alien registered and fingerprinted by him.

The Commissioner may designate such other places for registration and fingerprinting as may be necessary for carrying out the provisions of this Act, and provide for registration and fingerprinting of aliens at such places by officers or employees of the Immigration and Naturalization Service designated by the Commissioner. The duties imposed upon any postmaster under this Act shall also be performed by any employees at the post office of such postmaster who are designated by the postmaster for such purpose. (54 Stat. 674; 8 U. S. C. 454.)

FORMS FOR REGISTRATION AND FINGERPRINTING OF ALIENS

SEC. 34. (a) The Commissioner is authorized and directed to prepare forms for the registration and fingerprinting of aliens under this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the criminal record, if any, of such alien; and (5) such additional matters as may be prescribed by the Commissioner, with the approval of the Attorney General. (54 Stat. 674; 8 U. S. C. 455.)

REGISTRATION AND FINGERPRINTING RECORDS SECRET AND CONFIDENTIAL

(b) All registration and fingerprint records made under the provisions of this title shall be secret and confidential, and shall be made available only to such persons or agencies as may be designated by the Commissioner, with the approval of the Attorney General. (54 Stat. 674; 8 U. S. C. 455.)

REGISTRATION INFORMATION TO BE UNDER OATH

(c) Every person required to apply for the registration of himself or another under this title shall submit under oath the information required for such registration. Any person authorized to register aliens under this title shall be authorized to administer oaths for such purpose. (54 Stat. 674-675; 8 U. S. C. 455.)

NOTICE OF CHANGE OF RESIDENCE AND ADDRESS OR RESIDENT ALIENS WITHIN 5 DAYS; INFORMATION OF ADDRESS OF ALIENS TEMPORARILY IN THE UNITED STATES AT EXPIRATION OF EACH THREE MONTHS

SEC. 35. Any alien required to be registered under this title who is a resident of the United States shall notify the Commissioner in writing of each change of residence and new address within five days from the date of such change. Any other alien required to be registered under this title shall notify the Commissioner in writing of his address at the expiration of each three months' period of residence in the United States. In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notices required by this section shall be given by such parent or legal guardian. (54 Stat. 675; 8 U. S. C. 456.)

PENALTY FOR FAILURE OR REFUSAL TO APPLY FOR REGISTRATION AND

FINGERPRINTING

SEC. 36. (a) Any alien required to apply for registration and to be fingerprinted who willfully fails or refuses to make such applica