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tion or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall, upon conviction thereof be fined not to exceed $1,000 or be imprisoned not more than six months, or both. (54 Stat. 675; 8 U.S. C. 457.) PENALTY FOR FAILURE TO GIVE WRITTEN NOTICE TO THE COMMISSIONER
OF CHANGE OF ADDRESS (b) Any alien, or any parent or legal guardian of any alien, who fails to give written notice to the Commissioner of change of address as required by section 35 of this Act shall, upon conviction thereof, be fined not to exceed $100, or be imprisoned not more than thirty days, or both. (54 Stat. 675; 8.U. S. C. 457.)
PENALTY FOR FRAUD IN REGISTRATION OR FORGERY OF RECEIPT CARD
(c) Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted within five years after entry into the United States shall, upon the warrant of the Attorney General, be taken into custody and be deported in the manner provided in sections 19 and 20 of the Immigration Act of February 5, 1917, as amended. (54 Stat. 675; 8 U. S. C. 457.)
(d) Any person who with unlawful intent photographs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of an alien registration receipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the Attorney General, shall upon conviction, be fined not to exceed $5,000 or be imprisoned not more than five years, or both.si (55 Stat. 736; 8 U. S. Č. 455.) AUTHORITY TO MAKE RULES AND REGULATIONS; POWERS OF THE ATTORNEY GENERAL TO BE EXERCISED THROUGH AUTHORIZED OFFICERS OF THE DEPARTMENT OF JUSTICE
Sec. 37. (a) The Commissioner, with the approval of the Attorney General, is authorized and empowered to make and prescribe, and from time to time to change and amend, such rules and regulations not in conflict with this Act as he may deem necessary and proper in aid of the administration and enforcement of this title (including provisions for the identification of aliens registered under this title); except that all such rules and regulations, insofar as they relate to the performance of functions by consular officers or officers or employees in the Postal Service, shall be prescribed by the Secretary of State and the Postmaster General, respectively, upon recommendation of the Attorney General. The powers conferred upon the Attorney General by this Act and all other powers of the Attorney General relating to the administration of the Immigration and Naturalization Service may be
a The Act of October 13, 1941 (55 Stat. 736; 8 U. S. C. 455), added subd. (d) to this section, see p. 124.
exercised by the
Attorney General through such officers of the Department of Justice, including officers of the Immigration and Naturalization Service, attorneys, special attorneys, and special assistants to the Attorney General, as he may designate specifically for such purposes. (54 Stat. 675; 8 U. S. C. 458.) AUTHORIZATION FOR EXPENDITURES; EMPLOYEES AND RENTAL OF
QUARTERS (b) The Commissioner is authorized to make such expenditures, to employ such additional temporary and permanent employees, and to rent such quarters outside the District of Columbia as may be necessary for carrying out the provisions of this title. (54 Stat. 675; 8 U.S. C. 458.)
DEFINITION OF "UNITED STATES" AND "COMMISSIONER"; EFFECTIVE
DATES OF THE ACT
Sec. 38. (a) For the purposes of this title
(1) the term “United States”, when used in a geographical sense, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands;
(2) the term “Commissioner" means the Commissioner of Immigration and Naturalization.
(b) The provisions of this title shall take effect upon the date of enactment of this Act; except that sections 30 and 31 shall take effect sixty days after the date of its enactment. (54 Stat. 675 676; 8 U.S. C. 459.)
REGISTRATION AND FINGERPRINTING IN THE PANAMA CANAL ZONE Sec. 39. The President is authorized to provide, by Executive order, for the registration and fingerprinting, in a manner as nearly similar to that provided in this title as he deems practicable, of aliens in the Panama Canal Zone, (54 Stat. 676; 8 U. S. C. 460.)
VALIDITY OF THE ACT IF ANY PART HELD TO BE INVALID
Seo. 40. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. (54 Stat. 676.)
TITLE OF THE ACT Sec. 41. This Act may be cited as the "Alien Registration Act, 1940". (54 Stat. 676.)
Approved, June 28, 1940. ACCREDITED OFFICIALS OF A FOREIGN GOVERNMENT, THEIR
FAMILIES, ATTENDANTS, SERVANTS, AND EMPLOYEES (Act of July 1, 1940 (54 Stat. 711), amending sec. 3, and sec. 15, Act of May 26, 1924
(8 U. S. C. 203, 216), incorporated at pp. 41 and 54, respectively. I
COMPENSATION FOR OVERTIME SERVICE
Act approved August 22, 1940
TO PROVIDE FOR THE DEPOSIT OF CERTAIN COLLECTIONS FOR OVERTIME IMMIGRATION SERVICES TO THE CREDIT OF THE APPROPRIATION CHARGEABLE WITH THE PAYMENT FOR SUCH SERVICES, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That moneys collected on or after July 1, 1941, as extra compensation for overtime service of inspectors and employees of the Immigration Service pursuant to the Act of March 2, 1931 (46 Stat. 1467), shall be deposited in the Treasury of the United States to the credit of the appropriation for the payment of salaries, field personnel of the Immigration and Naturalization Service, and the appropriation so credited shall be available for the payment of such compensation.6 (54 Stat. 858; 8 U. S. C. 109c.)
ACT TO PROVIDE BETTER FACILITIES FOR ENFORCEMENT OF
THE CUSTOMS AND IMMIGRATION LAWS [Act of October 10, 1940 (54 Stat. 1091), amending the Act of June 26, 1930
(19 U. $. C. 68), incorporated at p. 95.)
NATIONALITY ACT OF 1940
Act approved October 14, 1940
CHAPTER 1-DEFINITIONS Sec. 101. For the purposes of this Act,
DEFINITION OF "NATIONAL"
(b) The term "national of the United States” means (1) a citizen of the United States, or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States. It does not include an alien.63 (54 Stat. 1137; 8 U.S. C. 501.)
FORMER CITIZENS OF UNITED STATES EXCEPTED FROM CERTAIN
Sec. 317. (c) A person who shall have been a citizen of the United States and also a national of a foreign state, and who shall have lost his citizenship of the United States under the provisions of section 401 (c) of this Act, shall be entitled to the benefits of the provisions of subsection (a) of this section, except that contained in subdivision (2) thereof. Such person, if abroad, may enter the United States as a nonquota immigrant, for the purpose of recovering his citizenship, upon compliance with the provisions of the Immigration Acts of 1917 and 1924. (54 Stat. 1147; 8 U.S. C. 717.)
62 See also Act of March 2, 1931 (46 Stat. 1467-1468; 8 U. 8. C. 109a-1096), p. 97, for other provisions covering compensation for overtime service.
* For other provisions covering the definition of "alien," see sec. 1, Act of February 5, 1917 (8 U. S. C. 173), p. 1. Act of March 24, 1934 (48 U. S. C. 1238), p. 100, and sec. 28 (b), Act of May 26, 1924 (8 U, S. C. 224), p. 59.
CITIZENSHIP LOST BY PARENT'S EXPATRIATION
Sec. 318. (b) No former citizen of the United States, expatriated through the expatriation of such person's parent or parents, shall be obliged to comply with the requirements of the immigration laws, if he has not acquired the nationality of another country by any affirmative act other than the expatriation of his parent or parents, and if he has come or shall come to the United States before reaching the age of twenty-five years. (54 Stat. 1147; 8 U.S. C. 718.)
REGISTRY OF ALIENS Sec. 328. (a) The Commissioner shall cause to be made, for use in complying with the requirements of this chapter, a registry of each person arriving in the United States after the effective date of this Act, of the name, age, occupation, personal description (including height, complexion, color of hair and eyes, and fingerprints), the date and place of birth, nationality, the last residence, the intended place of residence in the United States, the date and place of arrival of said person, and the name of vessel or other means of transportation, upon which said person arrived."
(b) Registry of aliens at ports of entry required by subsection (a) of this section may be made as to any alien not ineligible to citizenship in whose case there is no record of admission for permanent residence, if such alien shall make a satisfactory showing to the Commissioner, in accordance with regulations prescribed by the Commissioner, with the approval of the Attorney General, that such alien
(1) Entered the United States prior to July 1, 1924; 65
(2) Has resided in the United States continuously since such entry;
(3) Is a person of good moral character; and (4) Is not subject to deportation.66
(c) For the purposes of the immigration laws and naturalization laws an alien, in respect of whom a record of registry has been made as authorized by this section, shall be deemed to have been lawfully admitted to the United States for permanent residence as of the date of such alien's entry. (54 Stat. 1151-1152; 8 U. S. C. 728.)
Section 328 (a), Act of October 14, 1940 (8 0. 8. C. 728), is in effect a restatement of sec, 1 of the Act of June 29, 1906 (8 U. S. C. 106), incorporated at p. 462.
Act of March 2, 1929 (45 Stat. 1512-1513), p. 92, which provided for the registry of allens not ineligible to citizenship, in whose case no record of admission for permanent residence could be found, prior to June 3, 1921, as amended by the Acts of April 19, 1934 (48 Stat. 598), June 8, 1934 (48 Stat. 926), and August 7, 1939 (53 Stat. 1243) has been repealed by section 504 of the Nationality Act of 1940 (54 Stat. 1173).
The Act of April 19, 1934 (48 Stat. 598), changed the fee for such registry from $20 to $10.
The Act of June 8, 1934, (48 Stat. 926), provided for the registry of certain allens not ineligible to citizenship who were bona fide political or religious refugees if such alleni were able to make a satisfactory showing to the Commissioner of Immigration in accordance with the regulations prescribed.
The Act of August 7, 1939 (53 Stat. 1243; 8 U. S. C. 106a), changed the date of entry from prior to June 3, 1921 to July 1, 1924.
PENAL PROVISIONS Seo. 346. (a) It is hereby made a felony for any alien or other person, whether an applicant for naturalization or citizenship, or otherwise, and whether an employee of the Government of the United States or not-(54 Stat. 1163; 8 U. S. C. 746.)
(8) Knowingly to possess without lawful authority or lawful excuse, and with intent unlawfully to use the same, any false, forged, antedated, or counterfeited certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, purporting to have been issued under any law of the United States relating to naturalization or citizenship, knowing such certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship to be false, forged, antedated, or counterfeited. (54 Stat. 1164; 8 U. S. C. 746.)
(14) Knowingly to use in any manner for the purpose of register. ing as a voter, or as evidence of a right to vote, or otherwise unlaw. fully, any order, certificate, certificate of naturalization, certificate of citizenship, judgment, decree, or exemplification, showing any person to be naturalized or admitted to be a citizen, whether heretofore or hereafter issued or made, which has been unlawfully issued or made.
(15) Knowingly and unlawfully to use, or attempt to use, any order, certificate, certificate of naturalization, certificate of citizenship, judgment, decree, or exemplification, showing any person to be naturalized or admitted to be a citizen, whether heretofore or hereafter issued or made, which has been issued to or in the name of any other person or in a fictitious name, or in the name of a deceased person.
(16) To use or attempt to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or other documentary evidence of naturalization or of citizenship heretofore or which may hereafter be issued or granted, knowing the same to be forged, counterfeited, or antedated, or to have been procured by fraud or by false evidence, or without appearance or hearing of the applicant in court where such appearance and hearing are required, or otherwise unlawfully obtained.
(17). To aid, assist, or participate in the use of any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or other documentary evidence of naturalization or of citizenship heretofore or which may hereafter be issued or granted, knowing the same to be forged, counterfeited, or antedated, or to have been procured by fraud or by false evidence, or without appearance or hearing of the applicant in court where such appearance and hearing are required, or otherwise unlawfully obtained. (54 Stat. 1165; 8 U. S. C. 746.)
(18) Knowingly to falsely represent himself to be a citizen of the United States without having been naturalized or admitted to citizenship, or without otherwise being a citizen of the United States. (54 Stat. 1165; 8 U. S. C. 746).