DEPORTATION WITHIN CERTAIN TIME OF ALIENS ENTERING OR FOUND IN UNITED STATES IN VIOLATION OF LAW [June 28, 1940 (54 Stat. 671-673; 8 U. S. C. 155), amending sec. 19, Act of February 5, 1917 (8 U. S. C. 155), incorporated at p. 22.] [Act of June 28, 1940 (54 Stat. 673), amending sec. 1, Act of October 16, 1918 (8 U. S. C. 137), incorporated at p. 77.] DEPORTATION OF ALIENS CONVICTED OF VIOLATION OF ANY LAW REGULATING TRAFFIC IN NARCOTICS [Act of June 28, 1940 (54 Stat. 673), amending Act of February 18, 1931 (8 U. S. C. 156a), incorporated at p. 96.] ALIEN REGISTRATION ACT OF 1940 Act approved June 28, 1940 INTERFERENCE WITH THE MILITARY OR NAVAL FORCES OF THE UNITED STATES TITLE I SECTION 1. (a) It shall be unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States (1) to advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or (2) to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States. (b) For the purposes of this section, the term "military or naval forces of the United States" includes the Army of the United States, as defined in section 1 of the National Defense Act of June 3, 1916, as amended (48 Stat. 153; U. S. C., title 10, sec. 2), the Navy, Marine Corps, Coast Guard, Naval Reserve, and Marine Corps Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel. (54 Stat. 670; 18 U. S. C. 9.) SUBVERSIVE ACTIVITIES AGAINST ANY GOVERNMENT IN THE UNITED STATES SEC. 2. (a) It shall be unlawful for any person~~~ (1) to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government; (2) with the intent to cause the overthrow or destruction of any government in the United States, to print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence; (3) to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof. (b) For the purposes of this section, the term "government in the United States" means the Government of the United States, the government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of any political subdivision of any of them. (54 Stat. 671; 18 U. S. C. 10.) ATTEMPT OR CONSPIRACY TO VIOLATE TITLE I OF THE ACT SEC. 3. It shall be unlawful for any person to attempt to commit, or to conspire to commit, any of the acts prohibited by the provisions of this title. (54 Stat. 671; 18 U. S. C. 11.) SEARCH WARRANT FOR SUBVERSIVE WRITTEN OR PRINTED MATTER SEC. 4. Any written or printed matter of the character described in section 1 or section 2 of this Act, which is intended for use in violation of this Act, may be taken from any house or other place in which it may be found, or from any person in whose possession it may be, under a search warrant issued pursuant to the provisions of title XI of the Act entitled "An Act to punish acts of interference with the foreign relations, the neutrality and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes", approved June 15, 1917 (40 Stat. 228; U. S. C., title 18, ch. 18). (54 Stat. 671; 18 U. S. C. 12.) PENALTIES; INELIGIBILITY FOR EMPLOYMENT BY THE UNITED STATES SEC. 5. (a) Any person who violates any of the provisions of this title shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than ten years, or both.56a (b) No person convicted of violating any of the provisions of this title shall, during the five years next following his conviction, be eligible for employment by the United States, or by any department or agency thereof (including any corporation the stock of which is wholly owned by the United States). (54 Stat. 671; 18 U. S. C. 13.) TITLE II SEC. 20. Section 19 of the Immigration Act of February 5, 1917 (39 Stat. 889; U. S. C., title 8, sec. 155), as amended, is amended by inserting, after "SEC. 19.", the letter "(a)", and by adding at the end of such section the following new subsections: ADDITIONAL DEPORTABLE CLASSES OF ALIENS (b) Any alien of any of the classes specified in this subsection, in addition to aliens who are deportable under other provisions of law, shall, upon warrant of the Attorney General, be taken into custody and deported: Bea See also secs. 3 and 28, Act of Feb. 5, 1917, pp. 3 and 32, Act of Oct. 16, 1918, p. 77, and Act of May 10, 1920, p. 80 (1) Any alien who, at any time within five years after entry, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law. (2) Any alien who, at any time after entry, shall have on more than one occasion, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien or aliens to enter or to try to enter the United States in violation of law. (3) Any alien who, at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semiautomatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sawed-off shotgun. (4) Any alien who, at any time within five years after entry, shall have been convicted of violating the provisions of title I of the Alien Registration Act, 1940. (54 Stat. 671-672; 8 U. S. C. 155.) (5) Any alien who, at any time after entry, shall have been convicted more than once of violating the provisions of title I of the Alien Registration Act, 1940. No alien who is deportable under the provisions of paragraph (3), (4), or (5) of this subsection shall be deported until the termination of his imprisonment or the entry of an order releasing him on probation or parole. (54 Stat. 672; 8 U. S. C. 155.) VOLUNTARY DEPARTURE OF DEPORTABLE ALIENS; SUSPENSION OF DE ́¡ PORTATION IN THE DISCRETION OF THE ATTORNEY GENERAL; REPORTS TO THE CONGRESS; CANCELATION OF DEPORTATION PROCEEDINGS (c) In the case of any alien (other than one to whom subsection (d) is applicable) who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may (1) permit such alien to depart the United States to any country of his choice at his own expense, in lieu of deportation, or (2) suspend deportation of such alien if not racially inadmissible or ineligible to naturalization in the United States if he finds that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable alien. If the deportation of any alien is suspended under the provisions of this subsection for more than six months, all of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such suspension. These reports shall be submitted on the 1st and 15th day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress, the two Houses pass a concurrent resolution stating in substance that the Congress does not favor the suspenion of such deportation, the Attorney General shall thereupon deport such alien in the manner provided by law. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress, the two Houses do not pass such a resolution, the Attorney General DISCRETION OF THE ATTORNEY GENERAL NOT APPLICABLE TO CERTAIN (d) The provisions of subsection (c) shall not be applicable in the case of any alien who is deportable under (1) the Act of October 16, 1918 (40 Stat. 1008; U. S. C., title 8, sec. 137), entitled "An Act to exclude and expel from the United States aliens who are members of the anarchist and similar classes",58 as amended; (2) the Act of May 26, 1922, entitled "An Act to amend the Act entitled 'An Act to prohibit the importation and use of opium for other than medicinal purposes', approved February 9, 1909, as amended" (42 Stat. 596; U. S. C., title 21, sec. 175); (3) the Act of February 18, 1931, entitled "An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regulating traffic in narcotics", as amended (46 Stat. 1171; U. S. C., title 8, sec. 156a); 59 (4) any of the provisions of so much of subsection (a) of this section as relates to criminals, prostitutes, procurers, or other immoral persons, the mentally and physically deficient, anarchists, and similar classes; or (5) subsection (b) of this section. (54 Stat. 672-673; 8 U. S. C. 155.) AMENDMENTS OF THE ALIEN NARCOTICS ACT OF FEBRUARY 18, 1931 SEC. 21. The Act entitled "An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regu 7 Act of Dec. 8, 1942 (56 Stat. 1044; 8 U. S. C. 155), amended subsection (c) of sec. 19 of the Act of Feb. 5, 1917, as follows: deleted the words "within ten days after the beginning of its next regular session" from the second sentence; inserted between the second and third sentences the sentence beginning "These reports shall be repealed the third sentence reading "The Clerk of the House shall have such report printed as a public document"; amended the fourth and fifth sentences by adding the words "of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress," See footnote 41, p. 25. 68 For additional provisions relative to anarchists and similar classes, see sec. 3, Act of February 5, 1917 (39 Stat. 875-878; 8 U. S. C. 136), p. 3. So The Act of October 16, 1918 (40 Stat. 1012; 8 U. S. C. 137), as amended by the Acts of June 5, 1920 (41 Stat. 1008), and June 28, 1940 (54 Stat. 673), may be found on p. 77. The Act of February 9, 1909 (35 Stat. 614), as amended by the Act of May 26, 1922 (42 Stat. 596-597; 21 U. S. C. 171, 174, 175) may be found on p. 66. The Act of February 18, 1931 (46 Stat. 1171), as amended by sec. 21, Act of June 28, 1940 (54 Stat. 673; 8 U. S. C. 156a), may be found on p. 96. lating traffic in narcotics", approved February 18, 1931, is amended (1) By striking out the words "and sentenced"; (2) By inserting after the words "any statute of the United States" the following: "or of any State, Territory, possession, or of the District of Columbia,"; and (3) By inserting after the word "heroin" a comma and the word "marihuana". (54 Stat. 673; 8 U. S. C. 156a.) LIMITATION ON DEPORTATION BECAUSE OF ACTS COMMITTED PRIOR TO JUNE 28, 1940 SEC. 22. No alien shall be deportable by reason of the amendments made by section 20 or 21 on account of any act committed prior to the date of enactment of this Act. (54 Stat. 673.) AMENDMENTS OF THE ANARCHIST ACT OF OCTOBER 16, 1918 SEC. 23. (a) The first paragraph of section 1 of the Act entitled "An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes", approved October 16, 1918, as amended, is amended to read as follows: That any alien who, at any time, shall be or shall have been a member of any one of the following classes shall be excluded from admission into the United States. (b) Section 2 of such Act of October 16, 1918, as amended, is amended to read as follows: 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. (54 Stat. 673; 8 U. S. C. 137.) TITLE III REGISTRATION AND FINGERPRINTING BY UNITED STATES CONSULS OF ALIENS SEEKING ADMISSION TO THE UNITED STATES; DISPOSITION OF VISAS SEC. 30. No visa shall hereafter be issued to any alien seeking to enter the United States unless said alien has been registered and fingerprinted in duplicate. One copy of the registration and fingerprint record shall be retained by the consul. The second copy shall be attached to the alien's visa and shall be taken up by the examining immigrant inspector at the port of arrival of the alien in the United States and forwarded to the Department of Justice, at Washington, District of Columbia. Any alien seeking to enter the United States who does not present a visa (except in emergency cases defined by the Secretary of State), a reentry permit, or a border-crossing identification card shall be excluded from admission to the United States.60 (54 Stat. 673; 8 U. S. C. 451.) The Act of Feb. 14, 1944 (Pub. Law 229), p. 127, provides that a Service identification card described therein is acceptable in case of agricultural laborers seeking admission under that Act. |