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LAWS, TREATIES, PROCLAMATIONS, AND EXECUTIVE ORDERS AFFECTING IMMIGRATION

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Immigration Laws

Immigration Act of February 5, 1917 as Amended and Supplemented 1

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REGULATING THE IMMIGRATION OF ALIENS TO AND RESIDENCE OF ALIENS IN THE UNITED STATES

DEFINITIONS; ALIENS; UNITED STATES; SEAMEN

SECTION 1. That the word "alien" wherever used in this Act shall include any person not a native-born or naturalized citizen of the United States; but this definition shall not be held to include Indians of the United States not taxed or citizens of the islands under the jurisdiction of the United States. That the term

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The main elements of statutory historical background of the creation and development of the Immigration and Naturalization Service are as follows: Sec. 7, Act of March 3, 1891 (26 Stat. 1085; 8 U. S. C. 101), created an office of superintendent of immigration in the Treasury Department, at the head of which was an officer known as the Superintendent of Immigration, under the control and supervision of the Secretary of the Treasury.

Section 1, Act of March 2, 1895 (28 Stat. 780; 8 U. S. C. 101), changed the former title of "Superintendent of Immigration" to the "Commissioner-General of Immigra tion."

The Acts of Feb. 14, 1903 (32 Stat. 828), and of April 28, 1904 (33 Stat. 591; 8 U. S. C. 101), transferred the control of the immigration of aliens into the United States from the Secretary of the Treasury to the Secretary of Commerce and Labor.

Section 3, Act of March 4, 1913 (37 Stat. 737; 8 U. S. C. 101), transferred the Bureau of Immigration and Naturalization from the Department of Commerce and Labor to the newly created Department of Labor. At the same time the Bureau was divided into two bureaus named the Bureau of Immigration, with a Commissioner General of Immigration at its head, and the Bureau of Naturalization, headed by a Commissioner of Naturalization.

Executive Order 6166, June 10, 1933, section 14 (5 U. S. C., following Chapter 1), consolidated the Bureaus of Immigration and of Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service at the head of which was placed a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner General of Immigration and Commissioner of Naturalization, appearing in statutes prior to the Executive Order, to the Commissioner of Immigration and Naturalization.

Reorganization Plan No. V (5 F. R. 2223), prepared by the President and transmitted to the Congress May 22, 1940, pursuant to the provisions of the Reorganization Act of 1939, approved April 8, 1939 (53 Stat. 561; 5 U. S. C. 133-133r), which Plan became effective June 14, 1940 (5 F. R. 2132, June 5, 1940), transferred the Immigration and Naturalization Service of the Department of Labor (including the Office of the Commissioner of Immigration and Naturalization) and its functions to the Department of Justice, and directed that the Service be administered under the direction and supervision of the Attorney General. All functions and powers of the Secretary of Labor relating to the administration of the Immigration and Naturalization Service and its functions or to the administration of the immigration and naturalization laws were transferred by such Plan to the Attorney General.

Section 37 (a), Act of June 28, 1940 (54 Stat. 675; 8 U. S. C. 458), authorizes the Commissioner with the approval of the Attorney General, 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 Act.

The subheadings used in the body of the text are for purposes of identification of subject matter. Usually they are not found in the law as enacted.

For other provisions covering the definition of "alien", see Act of March 24, 1934 (48 U. S. C. 1238), p. 100, sec. 28 (b), Act of May 26, 1924 (8 U. S. C. 224), p. 59 and secs. 101 (b), 318 (b), 503, Act of October 14, 1940 (8 U. S. C. 401 (b), 718 (b), 903). Pp. 118, 119, and 121.

See also Act of June 2, 1924 (43 Stat. 253; 8 U. S. C. 3, 175), pp. 352 and 527; Act of June 4, 1924 (43 Stat. 380), p. 527; Act of Jan. 25, 1929 (45 Stat. 1094), p. 581; Sec. 201 (b), Act of Oct. 14, 1940 (54 Stat. 1138-1139; 8 U. S. C. 601), p. 356, conferring citizenship upon Indians.

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"United States" as used in the title as well as in the various sections of this Act shall be construed to mean the United States, and any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone; but if any alien shall leave the Canal Zone or any insular possession of the United States and attempt to enter any other place under the jurisdiction of the United States, nothing contained in this Act shall be construed as permitting him to enter under any other conditions than those applicable to all aliens. That the term "seaman" as used in this Act shall include every person signed on the ship's articles and employed in any capacity on board any vessel arriving in the United States from any foreign port or place. (39 Stat. 874; 8 U. S. C. 173.)

TAX ON ALIENS ENTERING UNITED STATES; LIEN OF TAX ON VESSELS, ETC.

SEC. 2. That there shall be levied, collected, and paid a tax of $8 for every alien, including alien seamen regularly admitted as provided in this Act, entering the United States: Provided, That children under sixteen years of age who accompany their father or their mother shall not be subject to said tax. The said tax shall be paid to the collector of customs of the port or customs district to which said alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States, or by the alien himself if he does not come by a vessel, transportation line, or other conveyance or vehicle or when collection from the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance, or vehicle bringing such alien to the United States is impracticable. The tax imposed by this section shall be a lien upon the vessel or other vehicle of carriage or transportation bringing such aliens to the United States, and shall be a debt in favor of the United States against the owner or owners of such vessel or other vehicle, and the payment of such tax may be enforced by any legal or equitable remedy. That the said tax shall not be levied on account of aliens who enter the United States after an uninterrupted residence of at least one year immediately preceding such entrance in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico, for a temporary stay, nor on account of otherwise admissible residents or citizens of any possession of the United States, nor on account of aliens in transit through the United States, nor upon aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to

The last paragraph of sec. 1, Act of February 5, 1917 (39 Stat. 874; 8 U. S. C. 175), which read as follows: "That this Act be enforced in the Philippine Islands by officers of the general government thereof, unless and until it is superseded by an act passed by the Philippine Legislature and approved by the President of the United States to regulate immigration in the Philippine Islands as authorized in the Act entitled 'An Act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those islands,' approved August twenty-ninth, nineteen hundred and sixteen," in effect was repealed by the substitution of the Philippine Independence Act of March 24, 1934, as amended (48 Stat. 450, 462, 463; 53 Stat. 1226; 48 Ú. S. C. 1232, 1238), p. 100.

For other provisions covering head tax, see R. S. 2164, sec. 16, Act of May 31, 1870 (16 Stat. 144; 8 U. S. C. 135), p. 63, and Public Resolution 44, p. 79. For provision authorizing the refunding of head tax erroneously collected see Act of Feb. 3, 1905, p. 65. For disposition of head tax, see Act of Mar. 4, 1909, p. 67.

another through foreign contiguous territory, and the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, shall issue rules and regulations and prescribe the conditions necessary to prevent abuse of these exceptions: Provided, That the Commissioner of Immigration and Naturalization under the direction or with the approval of the Attorney General, by agreement with transportation lines, as provided in section twenty-three of this Act, may arrange in some other manner for the payment of the tax imposed by this section upon any or all aliens seeking admission from foreign contiguous territory: Provided further, That in the cases of aliens applying for admission from foreign contiguous territory and rejected, the head tax collected shall upon application, upon a blank which shall be furnished and explained to him, be refunded to the alien. (39 Stat. 875; 8 U. S. C. 132.)

ALIENS EXCLUDED FROM THE UNITED STATES

SEC. 3. That the following classes of aliens shall be excluded from admission into the United States: All idiots, imbeciles, feeble-minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; paupers; professional beggars; vagrants; persons afflicted with tuberculosis in any form or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who practice polygamy or believe in or advocate the practice of polygamy; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all forms of law, or who disbelieve in or are opposed to organized government, or who advocate the assassination of

The third proviso of sec. 2, Act of February 5, 1917 (39 Stat. 875; 8 U. S. C. 132), which read as follows: "Provided further, That said tax, when levied upon allens entering the Philippine Islands, shall be paid into the treasury of said islands, to be expended for the benefit of such islands :", in effect was repealed by the substitution of the Philippine Independence Act of March 24, 1934, as amended (48 Stat. 456, 462, 463; 58 Stat. 1226; 48 U. S. C. 1232, 1238), and the Philippine Independence Act of May 2, 1940. For refund of head tax, see Act of Feb. 3, 1905 (33 Stat, 684; 8 U. S. C. 134), p. 65. Act of Feb. 14, 1944, sec. 5 (g) (Pub. Law 229), p. 182, exempts from payment of head tax agricultural laborers admitted under that Act.

7 For other classes of aliens excluded from admission into the United States see also sec. 4, p. 7, and last proviso of sec. 18, Act of February 5, 1917 (39 Stat. 887-889; 8 U. S. C. 154), p. 21; sec. 23, Act of February 5, 1917 (39 Stat. 892; 8 U. S. C., 101-2, 108, 160), as amended by the Act of May 14, 1937 (50 Stat. 164; 8 U. S. C. 102), p. 28 Act of October 16, 1918 (40 Stat. 1012; 8 U. S. C. 137 (g)), as amended by the Acts of June 5, 1920 (41 Stat. 1008; 8 U. S. C. 137 (a)-(f)), and June 28, 1940 (54 Stat. 673; 8 U. S. C. 137), p. 77; Act of May 10, 1920 (41 Stat. 593; 8 U. S. C. 157), p. 80; sec. 13, Act of May 26, 1924, as amended by the Acts of June 13, 1930, and May 14, 1937 (43 Stat. 161-162; 46 Stat. 581; 50 Stat. 165; 8 U. S. C. 213 (a)-(f)), p. 52; and sec. 17, Act of May 26, 1924 (43 Stat. 163-164; 8 U. S. C. 217), p. 55; Act of March 4, 1929, as amended by Act of June 24, 1929 (45 Stat. 1551; 46 Stat. 41; 8 U. S. C. 180), p. 93; and sec. 30, Act of June 28, 1940 (54 Stat. 673; 8 U. S. C. 451), p. 113.

For additional provisions relative to anarchists and similar classes see sec. 28, p. 32, Act of October 16, 1918 (40 Stat. 1012; 8 U. S. C. 137 (g)), p. 77, as amended by the Acts of June 5, 1920 (41 Stat. 1008; 8 U. S. C. 137 (a)-(f), and June 28, 1940 (54 Stat. 673; 8 U. S. Č. 137), p. 109, and the Act of May 10, 1920, p. 80.

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