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(d) When the maximum number of aliens of any nationality who may be admitted in any fiscal year under this Act shall have been admitted all other aliens of such nationality, except as otherwise provided in this Act, who may apply for admission during the same fiscal year shall be excluded: Provided, That the number of aliens of any nationality who may be admitted in any month shall not exceed 20 per centum of the total number of aliens of such nationality who are admissible in that fiscal year: Provided further, That aliens returning from a temporary visit abroad, aliens who are professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges or seminaries, aliens belonging to any recognized learned profession, or aliens employed as domestic servants, may, if otherwise admissible, be admitted notwithstanding the maximum number of aliens of the same nationality admissible in the same month or fiscal year, as the case may be, shall have entered the United States; but aliens of the classes included in this proviso who enter the United States before such maximum number shall have entered shall (unless excluded by subdivision (a) from being counted) be counted in reckoning the percentage limits provided in this Act: Provided further, That in the enforcement of this Act preference shall be given so far as possible to the wives, parents, brothers, sisters, children under eighteen years of age, and fiancées, (1) of citizens of the United States, (2) of aliens now in the United States who have applied for citizenship in the manner provided by law, or (3) of persons eligible to United States citizenship who served in the military or naval forces of the United States at any time between April 6, 1917, and November 11, 1918, both dates inclusive, and have been separated from such forces under honorable conditions. (42 Stat. 5, 6, 540; 8 U. S. C. 229.)

SEC. 3. That the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, shall, as soon as feasible after the enactment of this Act, and from time to time thereafter, prescribe rules and regulations necessary to carry the provisions of this Act into effect. He shall, as soon as feasible after the enactment of this Act, publish a statement showing the number of aliens of the various nationalities who may be admitted to the United States between the date this Act becomes effective and the end of the current fiscal year, and on June 30 thereafter he shall publish a statement showing the number of aliens of the various nationalities who may be admitted during the ensuing fiscal year. He shall also publish monthly statements during the time this Act remains in force showing the number of aliens of each nationality already admitted during the then current fiscal year and the number who may be admitted under the provisions of this Act during the remainder of such year, but when 75 per centum of the maximum number of any nationality admissible during the fiscal year shall have been admitted such statements shall be issued weekly thereafter. All statements shall be made available for general publication and shall be mailed to all transportation companies bringing aliens to the United States who shall request the same and shall file with the Department of Justice the address to which such statements shall be sent. The Attorney General shall also submit such statements to the Secretary of State,

who shall transmit the information contained therein to the proper diplomatic and consular officials of the United States, which officials shall make the same available to persons intending to emigrate to the United States and to others who may apply. (42 Stat. 6-7; 8 U. S. C. 229.)

SEC. 4. That the provisions of this Act are in addition to and not in substitution for the provisions of the immigration laws.

SEC. 5. That this Act shall take effect and be enforced 15 days after its enactment (except sections 1 and 3 and subdivisions (b) and (c) of section 2, which shall take effect immediately upon the enactment of this Act), and shall continue in force until June 30, 1924,28 and the number of aliens of any nationality who may be admitted during the remaining period of the current fiscal year, from the date when this Act becomes effective to June 30, shall be limited in proportion to the number admissible during the fiscal year 1922. (42 Stat. 7; 8 U. S. C. 229.)

SEC. 6.29 That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel, to bring to the United States either from a foreign country or any insular possession of the United States any alien not admissible under the terms of this Act or regulations made thereunder, and if it appears to the satisfaction of the Attorney General that any alien has been so brought, such person or transportation company, or the master, agent, owner, or consignee of any such vessel, shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $200 for each alien so brought, and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter sum to be delivered by the collector of customs to the alien on whose account assessed. No vessel shall be granted clearance papers pending the determination of the liability to the payment of such fine, or while the fine remains unpaid; except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine. Such fine shall not be remitted or refunded unless it appears to the satisfaction of the Attorney General that such inadmissibility was not known to, and could not have been ascertained by the exercise of reasonable diligence by, such person, or the owner, master, agent, or consignee of the vessel, prior to the departure of the vessel from the last seaport in a foreign country or insular possession of the United States. (42 Stat, 540.)

DUTIES OF COMPTROLLER OF THE TREASURY-DIVISION VESTED INDEPENDENTLY IN ACCOUNTING OFFICE

[Act of June 10, 1921 (42 Stat. 24), amending sec. 24, Act of February 5, 1917 (8 U. S. C. 109), incorporated at p. 30]

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ACT TO LIMIT THE IMMIGRATION OF ALIENS INTO THE

UNITED STATES

[Act of May 11, 1922 (42 Stat. 540), amending clause (7), subd. (a), sec. 2, and secs. 5 and 6, of May 19, 1921 (8 U. S. C. 229), incorporated at p. 83.]

ACT TO PROHIBIT THE IMPORTATION AND USE OF OPIUM FOR OTHER THAN MEDICINAL PURPOSES

[Act of May 26, 1922 (42 Stat. 596-597), amending subds. (a) and (b), sec. 1, and subds. (c) and (e), sec. 2, Act of February 9, 1909 (21 U. 8. C. 171, 174-175), incorporated at p. 66.1

CERTAIN ALIENS TEMPORARILY ADMITTED UNDER ACT OF MAY 1921 AND UNDER BOND IN EXCESS OF QUOTAS MAY REMAIN Act approved December 27, 1922

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That aliens who entered the United States before March 7, 1922, in excess of quotas fixed under authority of the Act entitled "An Act to limit the immigration of aliens into the United States," approved May 19, 1921, and were temporarily admitted under bond, may, if otherwise admissible, and if not subject to deportation for other causes, permitted by the Attorney General to remain in the United States without regard to the provisions of such Act of May 19, 1921. In the case of any alien so permitted to remain the bond shall be canceled.30 (42 Stat. 1065; 8 U. S. C. 227.)

IMMIGRATION ACT OF MAY 26, 1924

be

[Act of May 26, 1924 (43 Stat. 153–169), as amended, incorporated on pp. 39 to 61.] ACT CREATING BORDER PATROL

Act approved May 28, 1924. See also Act of February 27, 1925, p. 87

Provided, That at least $1,000,000 of this amount [$4,500,000] shall be expended for additional land-border patrol of which $100,000 shall be immediately available. (43 Stat. 240; 8 U. S. C. 118.)

CERTAIN ALIENS ARRIVING IN EXCESS OF QUOTAS PERMITTED TO REMAIN IN THE UNITED STATES

Act approved June 7, 1924

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following aliens arriving in excess of quotas fixed under authority of the Act entitled "An Act to limit the immigration of aliens into the United States," approved May 19, 1921, as amended and extended, may, if otherwise admissible and if not subject to deportation for

* Act of May 19, 1921, incorporated at p. 82.

other causes, be permitted to enter and remain in the United States without regard to the provisions of such Act of May 19, 1921, as amended and extended:

(1) Aliens heretofore admitted in excess of quota and charged to the quota of a later month;

(2) Aliens heretofore admitted under a construction of such Act of May 19, 1921, required by court decision;

(3) Aliens arriving in the United States after May 26 and before July 1, 1924, who departed for the United States from the last port outside the United States or outside foreign.contiguous territory on or before May 26, 1924, believing in good faith that they would be admitted pursuant to a construction of such Act of May 19, 1921, required by court decision; and

(4) Aliens heretofore temporarily admitted under bond to relieve cases of extreme hardship.32 (43 Stat. 669; 8 U. S. C. 228.)

AUTHORIZING THE PRESIDENT IN CERTAIN CASES TO MODIFY VISÉ FEES

Act approved February 25, 1925

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding existing law fixing the fees to be collected for visés of passports of aliens and for executing applications for such visés, the President be, and he is hereby, authorized, to the extent consistent with the public interest, to reduce such fees or to abolish them altogether, in the case of any class of aliens desiring to visit the United States who are not "immigrants" as defined in the Immigration Act of 1924, and who are citizens or subjects of countries which grant similar privileges to citizens of the United States of a similar class visiting such countries.33 (43 Stat. 976; 8 U. S. C. 202 (i).)

RELATING TO THE BORDER PATROL

Act approved February 27, 1925. See also Act of May 28, 1924, p. 86

*

and

Provided, That $1,000,000 of this amount [$5,084,865] shall be available only for coast and land-border patrol: Provided further, That hereafter any employee of the Immigration and Naturalization Service authorized so to do under regulations prescribed by the Commissioner of Immigration and Naturalization with the approval of the Attorney General, shall have power without warrant (1) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission of aliens, and to take such alien immediately for examination before an immigrant inspector or

32 Act of May 19, 1921, incorporated at p. 82.

83 See subd. (h) of sec. 2, Act of May 26, 1924 (43 Stat. 153; 8 U. S. C. 202 (h)). p. 41, for other provisions covering visa fees.

568700 44- -7

other official having authority to examine aliens as to their right to admission to the United States, and (2) to board and search for aliens any vessel within the territorial waters of the United States, railway car, conveyance, or vehicle, in which he believes aliens are being brought into the United States; and such employee shall have power to execute any warrant or other process issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens. (43 Stat. 1049-1050; 8 U. S. C. 110.)

AIR COMMERCE ACT OF 1926

Act approved May 20, 1926, as amended

SEC. 7. APPLICATION OF EXISTING LAWS RELATING TO FOREIGN COMMERCE

(b) The Secretary of the Treasury is authorized to (1) designate places in the United States as ports of entry for civil aircraft arriving in the United States from any place outside thereof and for merchandise carried on such aircraft, (2) detail to ports of entry for civil aircraft such officers and employees of the customs service as he may deem necessary, and to confer or impose upon any officer or employee of the United States stationed at any such port of entry (with the consent of the head of the Government department or other independent establishment under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the customs service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs laws to such extent and upon such conditions as he deems necessary. [The Federal Security Administrator is authorized by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the public health laws to such extent and upon such conditions as he deems necessary.] 3⁄4 (44 Stat. 572; 49 U. S. C. 177 (b).).

34

(c) The Secretary of Commerce is authorized by regulation to provide for the application to civil aircraft of the laws and regulations relating to the entry and clearance of vessels to such extent and upon such conditions as he deems necessary.

(d) The Attorney General is authorized to (1) designate any of the ports of entry for civil aircraft as ports of entry for aliens arriving by aircraft, (2) detail to such ports of entry such officers and employees of the Immigration and Naturalization Service as he may deem necessary, and to confer or impose upon any employee of the United States stationed at such port of entry (with the consent of the head of the Government department or other independent establishment under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the Immigration and Naturalization Service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations

Reorganization Plan No. I, effective July 1, 1939 (53 Stat. 1425; 5 U. S. C. 133t). Prior thereto, sec. 7 (b), clause (3), Act of May 20, 1926 (44 Stat. 572), read as follows: "(3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs and public health laws to such extent and upon such conditions as he deems necessary."

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