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(d) Any person violating any provision of subsection (a) of this section shall be fined not more than $5,000, or imprisoned not more than 5 years, or both. (54 Stat. 1167; 8'U. S. č. 746.)
JUDICIAL PROCEEDINGS FOR DECLARATION OF UNITED STATES NATIONALITY
IN EVENT OP DENIAL OF RIGHTS AND PRIVILEGES AS NATIONAL
SEC. 503. If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a judgment declaring him to be a national of the United States. If such person is outside the United States and shall have instituted such an action in court, he may, upon submission of a sworn application showing that the claim of nationality presented in such action is made in good faith and has a substantial basis, obtain from a diplomatic or consular officer of the United States in the foreign country in which he is residing a certificate of identity stating that his nationality status is pending before the court, and may be admitted to the United States with such certificate upon the condition that he shall be subject to deportation in case it shall be decided by the court that he is not a national of the United States. Such certificate of identity shall not be denied solely on the ground that such person has lost a status previously had or acquired as a national of the United States; and from any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing the reasons for his decision. The Secretary of State, with approval of the Attorney General, shall prescribe rules and regulations for the issuance of certificates of identity as above provided.6 (54 Stat. 1171–1172; 8 U. S. C. 903.)
TO AUTHORIZE THE ACQUISITION BY THE UNITED STATES OF TITLE TO OR THE USE OF DOMESTIC OR FOREIGN MERCHANT VESSELS FOR URGENT NEEDS OF COMMERCE AND NATIONAL DEFENSE, AND FOR OTHER PURPOSES
Act approved June 6, 1941 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whéreas Congress has power to provide for the common defense and general welfare and to regulate commerce with foreign nations and whereas for this purpose embargo Acts and nonintercourse Acts have from time to time been passed and whereas the commerce of the United States is at the present time interrupted and the general welfare of its citizens is threatened and an emergency has been
For other provisions covering the defnition of "allen," see sec, 1, Act of February 6, 1917 19 9. S. 17826. lio24 AST D. 8. 4. 224), p. 83, and sec. 20 (b), Act of Det 14, 1940, p. 865.
declared, for the purposes of national defense, during the existence of the national emergency declared by the President on September 8, 1939, to exist, but not after June 30, 1942, the President is authorized and empowered, through such agency or officer as he shall designate, to purchase, requisition, for any period during such emergency charter or requisition the use of, or take over the title to, or the possession of, for such use or disposition as he shall direct, any foreign merchant vessel which is lying idle in waters within the jurisdiction of the United States, including the Philippine Islands and the Canal Zone, and which is necessary to the national defense: Provided, That just compensation shall be determined and made to the owner or owners of any such vessel in accordance with the applicable provisions of section 902 of the Merchant Marine Act, 1936, as amended : Provided further, That such compensation hereunder shall be deposited with the Treasurer of the United States, and the fund so deposited shall be available for the payment of such compensation, and shall be subject to be applied to the payment of the amount of any valid claim by way of mortgage or maritime lien or attachment lien upon such vessel, or of any stipulation therefor in a court of the United States, or of any State, subsisting at the time of such requisition or taking of title or possession; the holder of
any such claim may commence within six months after such deposit with the Treasurer and maintain in the United States District Court from whose custody such vessel has been or may be taken or in whose territorial jurisdiction the vessel was lying at the time of requisitioning or taking of title or possession, a suit in admiralty according to the principles of libels in rem against the fund, which shall proceed and be heard and determined according to the principles of law and to the rules of practice obtaining in like cases between private parties; and such suit shall be commenced in the manner provided by section 2 of the Suits in Admiralty Act and service of process shall be made in the manner therein provided by service upon the United States attorney and by mailing by registered mail to the Attorney General and the United States Maritime Commission and due notice shall under order of the court be given to all interested persons, and any decree shall be subject to appeal and revision as now provided in other cases of admiralty and maritime jurisdiction: Provided further, That if the Maritime Commission, after consideration by it of evidence submitted to it within ten days after the approval of this Act, shall find that on September 3, 1939, and continuously thereafter, any vessel was exclusively owned, used and operated for its exclusive sovereign purposes by a sovereign nation making claim therefor, such vessel may be taken under this section only by purchase or charter; and in determining said ownership, use and operation the Commission shall disregard (1) all contributions made in whole or in part at any time to the construction, repair, recondition, equipping or operation of said vessel, (2) all such matters, in nature similar to or dissimilar from, the foregoing clause as in the opinion of the Commission are immaterial or irrelevant to the determination of such ownership. Use of such vessel at any time since September 3, 1939, in commercial trade shall be presumptively deemed to show that said vessel is not owned, used and operated by a sovcreign nation for its sovereign purposes. The final determination by the Maritime Commission shall be conclusive: Provided further, That if any vessel shall be found under the proviso next preceding to be exclusively owned, used and operated by any sovereign nation so that it can only be chartered or purchased, and such vessel shall be chartered or purchased, then the cash to be paid for said charter or purchase, to the extent that may be necessary, after payment of existing claims and liens of creditors against said vessel, shall be held for application upon such debt, if any, as may be due to the United States from the sovereign nation so found to have exclusive ownership to said vessel: Provided further, That the Maritime Commission and the Department of Justice are authorized to make just provisions out of funds provided in section 2 of this Act for employees displaced by the taking of any ship hereunder and report to the Congress their action within thirty days after the enactment of this Act.
SEC. 5. *
(b) Notwithstanding any other provisions of law, the President may, by rules and regulations or orders, waive compliance with any provision of law relating to masters, officers, members of the crew, or crew accommodations on any vessel documented under uuthority of this Act to such extent and upon such terms as he finds necessary because of the lack of physical facilities on said ships, and because of the need to employ aliens for their operation. No vessel shall cease to enjoy the benefits and privileges of a vessel of the United States by reason of the employment of any person in accordance with the provisions of this subsection.
(h) When used in this Act, the term “documented” means “registered” and “enrolled and licensed”. (55 Stat. 242.) TO AUTHORIZE THE REFUSAL OF VISAS TO ALIENS WHOSE AD
MISSION INTO THE UNITED STATES WOULD ENDANGER THE PUBLIC SAFETY
Act approved June 20, 1941. See Act of May 22, 1918, p. 75 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any American diplomatic or consular officer knows or has reason to believe that any alien seeks to enter the United States for the purpose of engaging in activities which will endanger the public safety of the United States, he shall refuse to issue to such alien any immigration visa, passport visa, transit certificate, or other document entitling such alien to present himself for admission into the United States; but in any case in which a diplomatic or consular officer denies a visa or other travel document under the provisions of this Act, he shall promptly refer the case to the Secretary of State for such further action as the Secretary may deem appropriate.
Sec. 2. The President is hereby authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this Act. (55 Stat. 252.)
PREVENTION IN TIME OF WAR OF DEPARTURE FROM OR ENTRY INTO THE UNITED STATES CONTRARY TO THE PUBLIC SAFETY [Act of June 21, 1941 (55 Stat, 262), amending the Act of May 22, 1918 (22 U. 8. C.
228–228), incorporated at D. 78.)
IMMIGRANT INSPECTORS, GRADES, SALARIES, TRAVELING EX
PENSES, TRANSFER OF FAMILIES, HOUSEHOLD EFFECTS, ETC. (Act of June 20, 1942 (56 Stat. 37818 U. S. C. 109), amending sec. 24, Act of February
6, 1917, as amended (8 U. S. C. 109), incorporated at p. 30.)
DEPORTATION WITHIN CERTAIN TIME LIMITS OF ALIENS ENTER
ING OR FOUND IN THE UNITED STATES IN VIOLATION OF LAW; FINALITY OF DECISION; DISCRETION OF THE ATTORNEY
GENERAL [Act of December 8, 1942 (56 Stat. 1044 ; 8,0. 8. C. 155), amending sec. 19 (c), Act
of February 5, 1917 (39 Stat. 889; 8 U. 8. C. 155), incorporated at p. 24.)
PENALTY FOR UNLAWFUL REPRODUCTION OF RECEIPT CARDS (Act of October 13, 1941 (55 Stat. 736; 8 U. S. C. 455), amending sec. 36, Act of
June 28, 1940 (54 Stat. 675; 8 U. S. C. 457), incorporated at p. 115.]
TO AUTHORIZE THE ADMISSION TO THE UNITED STATES OF CER
TAIN AGRICULTURAL WORKERS BORN IN NORTH, CENTRAL, AND SOUTH AMERICA
Joint Resolution approved April 29, 1948 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $26,100,000, to remain available until December 31, 1943, to be expended by the Administrator of Food Production and Distribution (hereinafter referred to as the “Administrator"), appointed pursuant to Executive Order Numbered 9322, dated March 26, 1943, for assisting in providing an adequate supply of workers for the production and harvesting of agricultural commodities essential to the prosecution of the war, as follows.
(1) the term “Stato" includes Alaska, Hawaii, and Puerto Rico;
(2) the term “worker” includes nationals of the United States and aliens;
(3) the term “agricultural labor" includes any services or activities included within the provisions of section 3 (f) of the Fair Labor Standard Act of 1938 or section 1426 (h) of the Internal Revenue Code.
67 Amended by Joint Resolution 209, Dec. 23, 1943 (57 Stat. 600), p. 127; extended by Joint Resolution of Feb. 14, 1044 (Pub. Law 229), p. 127.
(g) In order to facilitate the employment by agricultural employers in the United States of native-born residents of North America, South America, and Central America, and the islands adjacent thereto, desiring to perform agricultural labor in the United States, during continuation of hostilities in the present war, any such resident desiring to enter the United States for that purpose shall be exempt from the payment of head tax required by section 2 of the Immigration Act of February 5, 1917, and from other admission charges, and shall be exempt from those excluding provisions of section 3 of such Act which relate to contract laborers, the requirements of literacy, and the payment of passage by corporations, foreign government, or others; and any such resident shall be admitted to perform agricultural labor in the United States for such time and under such conditions (but not including the exaction of bond to insure ultimate departure from the United States) as may be required by regulations prescribed by the Commissioner of Immigration and Naturalization with the approval of the Attorney General; and in the event such regulations require documentary evidence of the country of birth of any such resident which he is unable to furnish, such requirement may be waived by the admitting officer of the United States at the point where such resident seeks entry into the United States if such official has other proof satisfactory to him that such resident is a native of the country claimed as his birthplace. Each such resident shall be provided with an identification card (with his photograph and fingerprints) to be prescribed under such regulations which shall be in lieu of all other documentary requirements, including the registration at time of entry or after entry required by the Alien Registration Act of 1940. Any such resident admitted under the foregoing provisions who fails to maintain the status for which he was admitted or to depart from the United States in accordance with the terms of his admission shall be taken into custody under a warrant issued by the Attorney General at any time after entry and deported in accordance with section 20 of the Immigration Act of February 5, 1917, sections 5 and 6 of such Act shall not apply to the importation of aliens under this joint resolution. No provision of this joint resolution shall authorize the admission into the United States of any enemy alien. (57 Stat. 70.)
TO AUTHORIZE THE DEPORTATION OF ALIENS TO COUNTRIES
ALLIED WITH THE UNITED STATES
(Act of July 18, 1943 (67 Stat. 553), amending the Act of February 6, 1917, as
amended (39 Stat. 890; 8 U. S. C. 156), incorporated at p. 26.)
TO REPEAL THE CHINESE EXCLUSION ACTS, TO ESTABLISH
QUOTAS, AND FOR OTHER PURPOSES
Act approved December 17, 1943
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Acts or parts of Acts relating to the exclusion or de