among many definitions scattered through Sections 3, 4, 5 and 28,1 there are three of vital importance, because they are applicable to terms from which all the vagueness of meaning usual in ordinary conversation must be wholly eliminated. For example: 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; that is to say, inhabitants of the Philippine Islands, Hawaii, Porto Rico, the Virgin Islands and other insular possessions may enter the United States on the same basis as citizens of continental United States. Now the term "United States," within the meaning of the Immigration Law, 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. On the other hand "continental United States" means precisely what the term connotes, that is, the States and the District of Columbia.

A study of the sections of the Act covering all definitions of terms makes clear the fact that persons desiring to enter the United States fall into five large groups:

1. Persons who are not immigrants, of whom there are six classes;

2. Persons who may be immigrants, separable into two categories;

1 Appendix "A."

Citizens of the former Republic, now the Territory of Hawaii, and citizens of the Island of Porto Rico are declared by statute to be citizens of the United States. (See for Hawaii, Act of April 30, 1900, C. 339, Sec. 4, 31 Stat. 141; for Porto Rico, Act of March 2, 1917, C.145. Sec. 5, 39 Stat. 953.).

The Virgin Islands are described, speaking geographically, in Section 28 of this Act, as part of the United States. It may be assumed that their inhabitants are citizens of the United States. (The writer has been unable so far to find any statute applying specifically to citizenship of the inhabitants of these islands.)

In the case of the Philippine Islands, the legal status of their inhabitants, other than those reserving rights under treaty with Spain, and foreigners, as described in the Act of August 29, 1916, C. 416, Sec. 2, 39 Stat. 546, is that of citizens of the Philippine Islands. The Philippine Legislature is authorized to provide by law for the acquisition of Philippine citizenship by persons residing in the Philippines who are citizens of the United States, or who could become citizens of the United States under its laws, but the precise relationship of citizens of the Philippine Islands to the United States seems to the writer illdefined, and he has been unable as yet to learn of a ruling on the subject, except in so far as the Bureau of Immigration treats arrivals from those islands on the basis of American citizenship. However this may be, the Philippine Islands being, unquestionably, under the jurisdiction of the United States, their inhabitants are not, according to the terms of the Immigration Act of 1924, to be classified as alien.

3. Persons born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone or an independent country of Central or South America;

4. Persons inhabiting islands subject to the jurisdiction of the United States; and

5. Persons ineligible for citizenship in the United States.

The six classes comprised in Group 1, who are declared to be non-immigrants by the terms of Section 3 of the Act, may only be admitted in accordance with conditions and regulations to be prescribed by the Departments charged with the enforcement of the provisions of the Act,' but the Act specifically provides, if aliens entering as Government officials, tourists, seamen, or on any other basis, comprised within the six sub-divisions referred to, shall change their status after entry, they become liable to deportation, and, furthermore, power is given, where it is deemed necessary, to require a bond for the departure of any alien admitted in accordance with the provisions of this section to insure at the expiration of a fixed time that the alien will depart from the United States.2

Other terms necessitating a precise definition for the purpose of this law will be explained in connection with the elucidation of the provisions of such sections to which they specifically apply.

SELECTION OF IMMIGRANTS ABROAD

(Sections 2, 4, 5, 6, 7, 8, 9, 10, 15, 18 and 23)

For many years preceding the passage of the present law the Government of the United States has sought to impose in foreign ports some sort of supervision over immigrants seeking to reach its shores. These efforts, which related particularly to the enforcement of medical examinations prior to departure, were met by strenuous objection or actual prohibition on the part of certain foreign governments. Quite aside from the fact

1The State Department's Instructions to Consuls covering provisions of this Act are not yet available.

Department of Labor, Bureau of Immigration, General Order No. 30, June 6, 1924, supplements Rules as of February 1, 1924.

Appendix "A," Sec. 15.

See (1) Memorandum submitted by Chargé d'Affaires, Italian Embassy, September 15, 1921; (2) Reports of the Immigration Commission, Vol. 1, pp. 26-27, presented December 5, 1910, and (3) Moore's "Digest of International Law," Vol. 2, pages 13-14.

that the attitude of European nations toward the United States has greatly changed since the war, it is probable that a revival of strict passport control, a practice which had fallen almost into total disuse outside of Eastern and Southeastern Europe prior to 1914, may, if it did not actually suggest the method about to be described, at least greatly facilitate its practical application.

The principle upon which a selection of immigrants abroad is based in the Immigration Act of 1924 is that in accordance with international usage a state may demand that all aliens desiring to enter its territories must first submit their passports for examination to its diplomatic or consular representatives stationed in the country from which the alien seeks to enter its territory. This submission of a passport for examination to the diplomatic or consular agents of a foreign power, when approval has been noted upon the document by such an officer, is known as the visa or visé. The term "visa," therefore, has been adopted in the Immigration Act, Section 2, as the term applicable to the document which may be issued to an immigrant seeking admission into the United States, provided that such alien shall have satisfied the American Consul that the questions embodied in the application blank for the visa have been fully and truthfully answered. Clearly, therefore, in view of the fact that inquisitorial investigations by agents of the United States respecting the nationals of foreign powers within whose jurisdiction such officers are stationed have been regarded with disfavor in the past, the burden of proof to enter the United States under our Immigration Laws has rightfully been imposed upon the immigrant.2

The procedure required by the Act may be briefly 'summarized as follows: An immigrant seeking to enter the United States must apply for an application blank. These applications are to be issued in duplicate and embody a series of questions designed to evoke the fullest possible information respecting the identity, occupation and character of the immigrant; also his purpose in seeking to enter the United States and destination. Now, as was intimated in a previous paragraph, it must be noted that immigrants are divided into two categories. These catego1 "Digest of International Law," Moore, Vol. 2, Sec. 175, Sub-Sec. I, P. 4

et seq.

2 Appendix "A," Section 23. Appendix "A," Section 7.

ries are called respectively, quota and non-quota, and the immigrant is required to state under which category he is making his application to enter the United States. For example: Section 4 of the Act defines a non-quota immigrant, and as this provision is vital to an understanding of the law as a whole, the section is quoted in full:

"Sec. 4. When used in this Act the term 'non-quota immigrant' means—

(a) An immigrant who is the unmarried child under 18 years of age, or the wife, of a citizen of the United States who resides therein at the time of the filing of a petition under section 9;

(b) An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad;

(c) An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him;

(d) An immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary, or university; and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; or

(e) An immigrant who is a bona fide student at least 15 years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Secretary of Labor, which shall have agreed to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn."

Generally speaking, a quota immigrant means any immigrant who is not a non-quota immigrant. The applicant in order to prove his good character and identity, as has been referred to previously, is called upon to furnish "two copies of his 'dossier' and prison record and military record, two certified copies of his birth certificate, and two copies of all other available public records concerning him kept by the Government to which he owes allegiance." If, upon examination of the proof of eligibility to enter the United States, it shall appear that the provisions of the Immigration Laws have been fully met by the applicant, the Consul is authorized under Section 2 to issue to the immigrant a visa, to which is attached a photograph of the applicant. The Act, however, specifically confers upon the Consul the power to withhold a visa, if he knows or has reason to believe, that the immigrant is inadmissible to the United States under the Immigration Laws.

An immigration visa may embody a limitation as to the time of its validity, but in no case shall the time limit so specified exceed four months. Section 6 of the Act requires that in the issuance of immigration visas to quota immigrants a preference shall be given to the unmarried child under 21 years of age, to the father, mother, husband or wife of a citizen of the United States, who is 21 years of age or ove, and also the quota immigrants skilled in agriculture, their wives and dependent children under 16 years of age. The preferences so accorded under this section, however, are not to exceed 50% of the annual quota assigned to any nationality, and it further provides that the section shall not apply to the quotas of any nation whose immigration allotment is less than 300 persons. It should also be added that in according these preferences the Consul is not permitted to make any distinction between applicants belonging to the agricultural group and those otherwise described.

Where an immigrant claims a non-quota classification by reason of relationship under the provisions of sub-division (a) of Section 4, or under the provisions of Section 6, the Act provides that the Consul may not issue a visa except where a citizen of the United States claiming an immigrant as his relative and that such immigrant is admissible into the United

1 See pamphlet issued by the United States Department of Labor, Bureau of Immigration, entitled "Immigration Laws and Rules of February 1, 1924"; also General Order No. 30, June 6, 1924, covering Act approved May 26, 1924, supplementing and amending Act of 1917; and also, see Act of May 6, 1882.