SUITS UNDER IMMIGRATION AND CONTRACT LABOR LAWS Act approved March 3, 1911

SEC. 24. The district courts shall have original jurisdiction as follows:

Twenty-second. Of all suits and proceedings arising under any law regulating the immigration of aliens, or under the contract labor laws. (36 Stat. 1091, 1093; 28 U. S. C. 41.)

DISPOSITION OF MONEYS RECEIVED OR PAID FOR EXPENSES OF DETAINED ALIENS

SEC. 1.

Act approved March 4, 1911

Provided, That from and after July first, nineteen hundred and eleven, all moneys paid into the Treasury to reimburse the Immigration and Naturalization Service for expenses of detained aliens paid from the appropriation for expenses of regulating immigration, shall be credited to the appropriation for the expenses of regulating immigration for the fiscal year in which the expenses were incurred. (36 Stat. 1442; 8 U. S. C. 176.)

THE SEAMEN'S ACT

Act approved March 4, 1915

TREATY PROVISIONS TO BE TERMINATED

SEO. 16. That in the judgment of Congress articles in treaties and conventions of the United States, in so far as they provide for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of the United States in foreign countries, and for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and the Territories and possessions thereof, and for the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment and any other treaty provision in conflict with the provisions of this Act, ought to be terminated, and to this end the President be, and he is hereby, requested and directed, within ninety days after the passage of this Act, to give notice to the several Governments, respectively, that so much as hereinbefore described of all such treaties and conventions between the United States and foreign Governments will terminate on the expiration of such periods after notices have been given as may be required in such treaties and conventions. (38 Stat. 1184; 22 U. S. C. 258.)

14 See also Act of March 4, 1909 (35 Stat. 982; 8 U. S. C. 138), p. 67, for disposition of head tax on aliens and other moneys covered into the Treasury.

EXPIRATION OF TREATY PROVISIONS

SEC. 17. That upon the expiration after notice of the periods required, respectively, by said treaties and conventions and of one year in the case of the independent State of the Kongo, so much as hereinbefore described in each and every one of said articles shall be deemed and held to have expired and to be of no force and effect, and thereupon section fifty-two hundred and eighty and so much of section four thousand and eighty-one of the Revised Statutes as relates to the arrest or imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and Territories and possessions thereof, and for the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment, shall be, and is hereby, repealed. (38 Stat. 1184; 22 U. S. C. 258.)

EFFECTIVE DATE OF THE ACT

SEC. 18. That this Act shall take effect, as to all vessels of the United States, eight months after its passage, and as to foreign vessels twelve months after its passage, except that such parts hereof as are in conflict with articles of any treaty or convention with any foreign nation shall take effect as regards the vessels of such foreign nation on the expiration of the period fixed in the notice of abrogation of the said articles as provided in section sixteen of this Act. (38 Stat. 1185.)

IMMIGRATION ACT OF FEBRUARY 5, 1917

[Act of February 5, 1917 (39 Stat. 874-898), as amended, incorporated on pages 1 to 38.] PREVENTION IN TIME OF WAR OF DEPARTURE FROM OR ENTRY INTO THE UNITED STATES CONTRARY TO THE PUBLIC SAFETY Act approved May 22, 1918, as amended by the Act of June 20, 1941, p. 123. also Act of March 2, 1921, p. 82, and the Act of June 20, 1941, p. 123.

See

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, When the United States is at war 15 or during the existence of the national emergency proclaimed by the President on May 27, 1941, or as to aliens whenever there exists a state of war between, or among, two or more states, and the President shall find that the interests of the United States require that restrictions and prohibitions in addition to those provided otherwise than by this Act be imposed upon the departure of persons from and their entry into the United States, and shall make public proclamation 16 thereof, it shall, until otherwise ordered by the President or Congress, be unlawful-1

The provisions relative to requirements of passports and visas continue in force and effect during peace time. See Act of March 2, 1921 (41 Stat. 1217; 22 U. S. C. 227), p. 82. The penal provisions do not so apply.

The Act of Feb. 14, 1944 (Pub. Law 229), p. 127, waives passport or travel document in the nature of a passport Identifying the applicant, in the case of agricultural laborers seeking admission under the provisions of that Act, and provides for a Service identification card, as described therein.

10 For proclamation of November 14, 1941, see p. 269.

Act of June 21, 1941 (55 Stat. 252). Prior thereto, the first paragraph of sec. 1, Act of May 22, 1918 (40 Stat. 559), read as follows: "That when the United States is at war, if the President shall find that the public safety requires that restrictions and prohibitions in addition to those provided otherwise than by this Act be imposed upon the departure of persons from and their entry into the United States and shall make public proclamation thereof, it shall, until otherwise ordered by the President or Congress, be unlawful-"

(a) For any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President shall prescribe;

(b) For any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this Act;

(c) For any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;

(d) For any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use;

(e) For any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;

(f) For any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;

(g) For any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid.

SEC. 2. That after such proclamation as is provided for by the preceding section has been made and published and while said proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations and exceptions as the President may authorize and prescribe, be unlawful for any citizen of the United States to depart from or enter or attempt to depart from or enter the United States unless he bears a valid passport.

SEO. 3. Any person who shall willfully violate any of the provisions of this Act, or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation issued thereunder, shall, upon conviction, be fined not more than $5,000, or, if a natural person, imprisoned for not more than five years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by like fine or imprisonment, or both; and any vehicle, vessel or aircraft, together with its or her appurtenances, equipment, tackle, apparel, and furniture, concerned in any such violation, shall be forfeited to the United States.18

18 Section 2, Act of June 21, 1941 (55 Stat. 252). Prior thereto, sec. 3, Act of May 22, 1918 (40 Stat. 559), read as follows: "That any person who shall willfully violate any of the provisions of this Act. or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than twenty years or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by like fine or imprisonment, or both; and any vehicle or any vessel, together with its or her appurtenances, equipment, tackle, apparel, and furniture, concerned in any such violation, shall be forfeited to the United States."

SEC. 4. The term "United States" as used in this Act includes the Canal Zone, the Commonwealth of the Philippines, and all territory and waters, continental or insular, subject to the jurisdiction of the United States.19

The word "person" as used herein shall be deemed to mean any individual, partnership, association, company, or other unincorporated body of individuals, or corporation, or body politic.

SEC. 5. Nothing in this Act shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States, if, upon arrival in the United States, he is found to be inadmissible to the United States under this Act or any law relating to the entry of aliens into the United States.20 SEC. 6. The revocation of any proclamation, rule, regulation, or order issued in pursuance of this Act, shall not prevent prosecution for any offense committed or the imposition of any penalties or forfeitures, liability for which was incurred under this Act prior to the revocation of such proclamation, rule, regulation, or order.20 (40 Stat. 559; 55 Stat. 252; 22 U. S. C. 223-226.)

EXCLUSION AND EXPULSION OF ANARCHISTS AND SIMILAR CLASSES

Act approved October 16, 1918, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien who, at any time, shall be or shall have been a member of any one of the following classes 21 shall be excluded from admission into the United States:

(a) Aliens who are anarchists; 22

8

(b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that advises, advocates, or teaches, opposition to all organized government;

(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage:

(d) Aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published,

19 Section 2a, Act of June 21, 1941 (55 Stat. 252). Prior thereto, sec. 4, Act of May 22, 1918 (40 Stat. 559), read as follows: "That the term 'United States' as used in this Act includes the Canal Zone and all territory and waters, continental or insular. subject to the jurisdiction of the United States."

20 Section 3, Act of June 21, 1941 (55 Stat. 252), added sections 5 and 6 to the Act of May 22, 1918 (40 Stat, 559).

Act of June 28, 1940 (54 Stat. 673; 8 U. S. C. 137). Prior thereto, the first paragraph of sec. 1, Act of October 16, 1918 (40 Stat. 1012: 8 U. S. C. 137) as amended by the Act of June 5, 1920 (41 Stat. 1008), read as follows: "That the following aliens shall be excluded from admission into the United States:

22 For additional provisions relative to anarchists and similar classes see sec. 3 and 28. Act of February 5, 1917, pp. 3 and 32, Title 1, Act of June 28, 1940, p. 109, and Act of May 10, 1920, p. 80.

or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter, advising, advocating, or teaching, opposition to all organized government, or advising, advocating or teaching: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage;

(e) Aliens who are members of or affiliated with any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subdivision (d).

For the purpose of this section: (1) the giving, loaning or promising of money or anything of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine; and (2) the giving, loaning or promising of money or anything of value to any organization, association, society, or group, of the character above described shall constitute affiliation therewith; but nothing in this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation.23 (40 Stat. 1012; 41 Stat. 1008-9; 54 Stat. 673; 8 U. S. C. 137.)

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. (40 Stat. 1012; 54 Stat. 673; 8 U. S. Č. 137.)

28 Act of June 5, 1920 (41 Stat. 1008; 8 U. S. C. 137). Prior thereto, sec. 1, Act of October 16, 1918 (40 Stat. 1012), read as follows: "That aliens who are anarchists; aliens who believe in or advocate the overthrow by force or violence of the Government of the United States or of all forms of law; aliens who disbelieve in or are opposed to all organized government; aliens who advocate or teach the assassination of public officials; aliens who advocate or teach the unlawful destruction of property; aliens who are members of or affiliated with any organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property shall be excluded from admission into the United States."

Act of June 28, 1940 (54 Stat. 673; 8 U. S. C. 137). Prior thereto, sec. 2, Act of October 16, 1918 (40 Stat. 1012), read as follows: "That any allen who, at any time after entering the United States, is found to have been at the time of entry, or to have become thereafter, a member of any one of the classes of aliens enumerated in section one of this Act, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported in the manner provided in the immigration Act of February fifth, nineteen hundred and seventeen. 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."

See also secs. 3 and 19, Act of February 5, 1917 (8 U. S. C. 136, 155), pp. 8 and 22, for additional provisions relative to anarchists and similar classes.