ANNUAL QUOTA FOR FISCAL YEAR BEGINNING JULY 1, 1927; MINIMUM QUOTA

(b) The annual quota of any nationality for the fiscal year beginning July 1, 1929, and for each fiscal year thereafter, shall be a number which bears the same ratio to 150,000 as the number of inhabitants in continental United States in 1920 having that national origin (ascertained as hereinafter provided in this section) bears to the number of inhabitants in continental United States in 1920, but the minimum quota of any nationality shall be 100.

DETERMINATION OF NATIONAL ORIGIN

(c) For the purpose of subdivision (b) national origin shall be ascertained by determining as nearly as may be, in respect of each geographical area which under section 12 is to be treated as a separate country (except the geographical areas specified in subdivision (c) of section 4) the number of inhabitants in continental United States in 1920 whose origin by birth or ancestry is attributable to such geographical area. Such determination shall not be made by tracing the ancestors or descendants of particular individuals, but shall be based upon statistics of immigration and emigration, together with rates of increase of population as shown by successive decennial United States censuses, and such other data as may be found to be reliable.

INHABITANTS IN CONTINENTAL UNITED STATES IN 1920

(d) For the purpose of subdivisions (b) and (c) the term "inhabitants in continental United States in 1920" does not include (1) immigrants from the geographical areas specified in subdivision (c) of section 4 or their descendants, (2) aliens ineligible to citizenship or their descendants, (3) the descendants of slave immigrants, or (4) the descendants of American aborigines.

DETERMINATION OF NATIONAL ORIGIN; BY WHOM MADE; PROCEDURE; PRESIDENTIAL PROCLAMATION OF QUOTAS

(e) The determination provided for in subdivision (c) of this section shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly. In making such determination such officials may call for information and expert assistance from the Bureau of the Census. Such officials shall, jointly, report to the President the quota of each nationality, determined as provided in subdivision (b), and the President shall proclaim and make known the quotas so reported. Such proclamation shall be made on or before April 1, 1929.16 If the proclamation is not made on or before such date, quotas proclaimed therein shall not be in effect for any fiscal year beginning before the expiration of 90 days after the date of the proclamation." After the making of a proclamation under this subdivision the quotas proclaimed therein shall continue with the same effect as if specifically

16 Act of March 4, 1927 (44 Stat. 1455; 8 U. S. C. 211). Prior thereto, subdivisions (b) and (e) of section 11, Act of May 26, 1924 (43 Stat. 159), read in part as follows: "July 1, 1927," and "April 1. 1927," respectively.

Act of March 31, 1928 (45 Stat. 400; 8 U. S. C. 211). Prior thereto, subdivision_(b) and (e), section 11, Act of May 26, 1924 (43 Stat. 159), read in part as follows: "July 1, 1928," and "April 1, 1928," respectively.

17 See Presidential proclamation issued April 28, 1938, p. 257. See also Attorney General's Opinion 4.

stated herein, and shall be final and conclusive for every purpose except (1) in so far as it is made to appear to the satisfaction of such officials and proclaimed by the President, that an error of fact has occurred in such determination or in such proclamation, or (2) in the case provided for in subdivision (c) of section 12. If for any reason quotas proclaimed under this subdivision are not in effect for any fiscal year, quotas for such year shall be determined under subdivision (a) of this section.

IMMIGRATION VISAS LIMITED TO QUOTAS; MONTHLY ISSUE

(f) There shall be issued to quota immigrants of any nationality (1) no more immigration visas in any fiscal year than the quota for such nationality, and (2) in any calendar month of any fiscal year no more immigration visas than 10 per centum of the quota for such nationality, except that if such quota is less than 300 the number to be issued in any calendar month shall be prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, but the total number to be issued during the fiscal year shall not be in excess of the quota for such nationality.

ISSUE OF VISA TO NONQUOTA IMMIGRANT AS QUOTA IMMIGRANT

(g) Nothing in this Act shall prevent the issuance (without increasing the total number of immigration visas which may be issued) of an immigration visa to an immigrant as a quota immigrant even though he is a non-quota immigrant. (43 Stat. 159160; 8 U. S. C. 211 (a)-211 (g).)

NATIONALITY; DETERMINATION OF

SEC. 12. (a) For the purposes of this Act nationality shall be determined by country of birth, treating as separate countries the colonies, dependencies, or self-governing dominions, for which separate enumeration was made in the United States census of 1890; except that (1) the nationality of a child under 21 years of age not born in the United States, accompanied by its alien parent not born in the United States, shall be determined by the country of birth of such parent if such parent is entitled to an immigration visa, and the nationality of a child under 21 years of age not born in the United States, accompanied by both alien parents not born in the United States, shall be determined by the country of birth of the father if the father is entitled to an immigration visa; and (2) if a wife is of a different nationality from her alien husband and the entire number of immigration visas which may be issued to quota immigrants of her nationality for the calendar month has already been issued, her nationality may be determined by the country of birth of her husband if she is accompanying him and he is entitled to an immigration visa, unless the total number of immigration visas which may be issued to quota immigrants of the nationality of the husband for the calendar month has already been issued. An immigrant born in the United States who has lost his United States citizenship shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country, then in the country from which he comes.

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 nonquotà 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.