THE FOURTH PROVISO OF SECTION 3 OF THE IMMIGRATION ACT OF 1917 Provided further, That skilled labor, if otherwise admissible, may be imported if labor of like kind unemployed can not be found in this country, and the question of the necessity of importing such skilled labor in any particular instance may be determined by the Secretary of Labor upon the application of any person interested, such application to be made before such importation, and such determination by the Secretary of Labor to be reached after a full hearing and an investigation into the facts of the asee:

THE FIFTH PROVISO OF SECTION 3 OF THE IMMIGRATION ACT OF 1917

Provided further, That the provisions of this law applicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed as domestic servants:

Sections 18 and 20 of the immigration act of 1917

SEC. 18. That all aliens brought to this country in violation of law shall be immediately sent back, in accommodations of the same class in which they arrived, to the country whence they respectively came, on the vessels bringing them, unless in the opinion of the Secretary of Labor immediate deportation is not practicable or proper. The cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came. That it shall be unlawful for any master, purser, person in charge, agent, owner, or consignee of any such vessel to refuse to receive back on board thereof, or on board of any other vessel owned or operated by the same interests, such aliens; or to fail to detain them thereon; or to refuse or fail to return them in the manner aforesaid to the foreign port from which they came; or to fail to pay the cost of their maintenance while on land; or to make any charge for the return of any such alien, or to take any security for the payment of such charge; or to take any consideration to be returned in case the alien is landed; or knowingly to bring to the United States any alien excluded or arrested and deported under any provision of law until such time as such alien may be lawfully entitled to reapply for admission to the United States, and if it shall appear to the satisfaction of the Secretary of Labor that such master, purser, person in charge, agent, owner, or consignee has violated any of the foregoing provisions, or any of the provisions of section fifteen hereof, such master, purser, person in charge, agent, owner, or consignee shall pay to the collector of customs of the district in which the port of arrival is located, or in which any vessel of the line may be found, the sum of $300 for each and every violation of any provision of said sections; and no vessel shall have clearance from any port of the United States while any such fine is unpaid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such question upon the deposit with the collector of customs of a sum sufficient to cover such fine. If the vessel by which any alien ordered deported came has left the United States and it is impracticable for any reason to deport the alien within a reasonable time by another vessel owned by the same interests, the cost of deportation may be paid by the Government and recovered by civil suit from any agent, owner, or consignee of the vessel: Provided further, That the Commissioner General of Immigration, with the approval of the Secretary of Labor, may suspend, upon conditions to be prescribed by the Commissioner General of Immigration, the deportation of any aliens found to have come in violation of any provision of this act if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecution of offenders against any provision of this act or other laws of the United States; and the cost of maintenance of any person so detained resulting from such suspension of deportation, and a witness fee in the sum of $1 per day for each day such person is so detained, may be paid from the appropriation for the enforcement of this act, or such alien may be released under bond, in the penalty of not less than $500, with security approved by the Secretary of Labor, conditioned that such alien shall be produced when required as a witness and for deportation. No alien certified, as provided in section sixteen of this act, to be suffering from tuberculosis in any form, or from a loathsome or dangerous contagious disease other than one of quarantinable nature, shall be permitted to land for medical treatment thereof in any hospital in the

United States, unless the Secretary of Labor is satisfied that to refuse treatment would be inhumane or cause unusual hardship or suffering, in which case the alien shall be treated in the hospital under the supervision of the immigration officials at the expense of the vessel transporting him: Provided further, That upon the certificate of an examining medical officer to the effect that the health or safety of an insane alien would be unduly imperiled by immediate deportation, such alien may, at the expense of the appropriation for the enforcement of this act, be held for treatment until such time as such alien may, in the opinion of such medical officer, be safely deported: Provided further, That upon the certificate of an examining medical officer to the effect that a rejected alien is helpless from sickness, mental or physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be excluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens.

SEC. 20. That the deportation of aliens provided for in this act shall, at the option of the Secretary of Labor, be to the country whence they came or to the foreign port at which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such territory; or, if such aliens entered foreign contiguous territory from the United States and later entered the United States, or if such aliens are held by the country from which they entered the United States not to be subjects or citizens of such country, and such country refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects or citizens, or to the country in which they resided prior to entering the country from which they entered the United States. If deportation proceedings are instituted at any time within five years after the entry of the alien, such deportation, including one-half of the entire cost of removal to the port of deportation, shall be at the expense of the contractor, procurer, or other person by whom the alien was unlawfully induced to enter the United States, or, if that can not be done, then the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this act, and the deportation from such port shall be at the expense of the owner or owners of such vessels or transportation lines by which such aliens respectively came, or, if that is not practicable, at the expense of the appropriation for the enforcement of this act. If deportation proceedings are instituted later than five years after the entry of the aliens, or, if the deportation is made by reason of causes arising subsequent to entry, the cost thereof shall be payable from the appropriation for the enforcement of this act. A failure or refusal on the part of the masters, agents, owners, or consignees of vessels to comply with the order of the Secretary of Labor to take on board, guard safely, and transport to the destination specified any alien ordered to be deported under the provisions of this act shall be punished by the imposition of the penalties prescribed in section eighteen of this act: Provided, That when in the opinion of the Secretary of Labor the mental or physical condition of such alien is such as to require personal care and attendance, the said Secretary shall when necessary employ a suitable person for that purpose, who shall accompany such alien to his or her final destination, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accompanied alien is defrayed. Pending the final disposal of the case of any alien so taken into custody, he may be released under a bond in the penalty of not less than $500 with security approved by the Secretary of Labor, conditioned that such alien shall be produced when required for a hearing or hearings in regard to the charge upon which he has been taken into custody, and for deportation if he shall be found to be unlawfully within the United States.

The following terms used in the resolution, as reported, are defined in the immigration act of 1924, as follows:

SEC. 28. As used in this act

(a) The term "United States," 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; and the term "continental United States' the States and the District of Columbia;

means

(b) 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;

(NOTE.-See analysis of section 6 of the resolution.)

(d) The term "immigration visa" means an immigration visa issued by a consular officer under the provisions of this act;

(f) The term "immigration act of 1917" 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";

House Report 2405, Part 2, Seventy-first Congress, third session

FURTHER RESTRICTING FOR A PERIOD OF TWO YEARS IMMIGRATION INTO THE UNITED STATES

JANUARY 28, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DICKSTEIN, from the Committee on Immigration and Naturalization, submitted the following

MINORITY VIEWS

[To accompany H. J. Res. 473]

This measure is a substitute for House Joint Resolution 439. The latter was introduced by Congressman Johnson of Washington, originally as a companion bill to Senate Joint Resolution 207, introduced by Senator Reed, of Pennsylvania, for the avowed purpose of merely reducing "the number of newcomers into the United States who come here for the purpose of seeking employment" (73 Congressional Record 42), and even that was unnecessary for that purpose, and contained some objectionable and oppressive provisions having no bearing on this alleged purpose.

FALLACIOUS ATTITUDE OF THE STATE DEPARTMENT

In consequence of some casual remarks by the Secretary of State made December 18 before the Senate Committee on Immigration, printed in Senate Hearings on Senate Joint Resolution 207, entitled 'Suspension for Two Years of General Immigration into the United States" (pp. 67-87), an entirely different bill is now being substituted by the Committee on Immigration and Naturalization of this House, containing almost incredibly oppressive provisions in no way relevant to this fundamental purpose of remedying the unemployment situation.

Secretary Stimson called attention to the enormous curtailment of immigration which his department had recently effected under subsisting laws by refusing visas on the ground of likelihood to become public charges, in view of unemployment conditions, to wit, for October, 1930, to 22 per cent of quotas of immigration of all classes, and to 13 per cent of quotas, considering only the nonpreference classes,

and for November, 1930, to 15 per cent and 7 per cent, respectively. The figures for Mexico and Canada show a similar reduction. He called attention, however, to the fact that the immigration from eastern and southern Europe is made up almost entirely of near relatives of residents, unlike that from northern and western Europe, so that a complete stoppage of emigration would practically stop all immigration from northern and western Europe, while it would not seriously interfere with that from southern and eastern Europe. The result of a temporary prohibition of all general immigration would be to reverse the ratios for these countries underlying the national origins system, which Congress finally enacted as permanent legislation, and this reversal of ratios would be even greater under the so-called Johnson bill as amended (H. J. Res. 439). This apparent discrimination against one group of countries, the Secretary thought, might cause resentment and international friction. (Idem, p. 78.) Accordingly, instead of stopping all general immigration, he recommended a reduction of all quotas to 10 per cent, with a minimum of 100 retained.

The main point of Secretary Stimson's plea was that, instead of cutting off all general immigration, it should be reduced to 10 per cent of subsisting quotas, with the administrative rejection of persons likely to become public charges, in view of present unemployment conditions, reducing these maxima still more. The question of exemption of near relatives of residents was purely incidental. Secretary Stimson erroneously assumed, however, that this difference as to "family relationship" between the so-called Nordics and nonNordics was due to the fact that the former (unlike the latter), commonly brought their families with them in the first instance. He overlooked the undeniable fact that the non-Nordic immigration has been so heavy during the past few decades antedating quota laws (though relatively small, when national origins are considered), that the non-Nordics from the countries of southern and eastern Europe, with their small quotas under the national origins plan, have been unable to bring very appreciable numbers of near relatives over thus far, and the preference accorded to their near relatives exhausts many of their quotas for years to come. The grave and cruel separation of families that has resulted has been deeply deplored and criticized ever since and has led continuously to repeated promises for rectification from all sides, only partly performed so far, which subject is more fully referred to hereafter.

Secretary Stimson's argument was concededly hastily prepared, he, himself, stating as to these immature suggestions (idem, p. 77):

I am bound to say that neither Mr. Hodgson nor myself knew the way your bill would work until we took pencil and figured it out this morning.

He wholly overlooked the important fact that elementary justice and fair dealings placed the near relatives of alien residents of this country in a wholly different position from general "new-blood" immigration, and that the quota laws did not purport to apply these relative ratios to all near relatives of residents, and even as far as they did, Executive, Congress and both political parties had repeatedly pledged themselves to rectify such cruel separation of families. He also wholly overlooked the fact that the near relatives of residents involved, wives and minor children, are not seekers of positions, and

39719-31-2