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public officials, or who advocate or teach the unlawful destruction of property; persons who are members of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized government, or who advocate or teach the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who advocate or teach the unlawful destruction of property; prostitutes, or persons coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who directly or indirectly procure or attempt to procure or import prostitutes or persons for the purpose of prostitution or for any other immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution; persons hereinafter called contract laborers, who have been induced, assisted, encouraged, or solicited to migrate to this country by offers or promises of employment, whether such offers or promises are true or false, or in consequence of agreements, oral, written or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; persons who have come in consequence of advertisements for laborers printed, published, or distributed in a foreign country; persons likely to become a public charge; persons who have been excluded from admission and deported in pursuance of law, and who may again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a place outside the United States or their attempt to be admitted from foreign contiguous territory the Attorney General has consented to their reapplying for admission; " persons whose ticket or passage is paid for with the money of another, or who are assisted by others to come, unless it is affirmatively and satisfactorily shown that such persons do not belong to one of the foregoing excluded classes; persons whose ticket or passage is paid for by any corporation, association, society, municipality, or foreign government, either directly or indirectly; 12 stowaways, except that any such stowaway, if otherwise admissible, may be admitted

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• Act of Feb. 14, 1944, sec. 5 (g) (Pub. Law 229), p. 132, waives this requirement in the case of agricultural laborers seeking admission under the provisions of that Act. 10 This clause excluding aliens on ground of being likely to become public charges has been shifted by Congress from its position in section 2 of the Act of February 20, 1907 (34 Stat. 898), to its present position in section 3 of the Act of February 5, 1917 (39 Stat. 876; 8 U. S. C. 136), in order to indicate the intention of Congress that aliens shall be excluded upon said ground for economic as well as other reasons and with a view to overcoming the decision of the Supreme Court in Gegiow v. Uhl, 239 U. S. 3. (8. Rept. 352, 64th Cong., 1st Sess.)

11 Sec. 1 (d), Act of March 4, 1929 (45 Stat. 1551; 8 U. S. C. 136). Prior thereto, sec. 3, Act of February 5, 1917 (39 Stat. 876), read in part as follows: "persons who have been deported under any of the provisions of this Act, and who may again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a foreign port or their attempt to be admitted from foreign contiguous territory the Secretary of Labor shall have consented to their reapplying for admission:

Act of Feb. 14, 1944, sec. 5 (g) (Pub. Law 229), p. 132, waives this requirement in the case of agricultural laborers seeking admission under that Act.

For inapplicability of excluding provisions relating to readmission of certain aliens conscripted or volunteering for service with the military forces of the United States or cobelligerent forces during World War One see Act of Oct. 19, 1918 (40 Stat. 1014; 8 U. S. C. 230), p. 79. See also Act of June 11, 1940 (54 Stat. 306), which makes stowing away on vessels departing from or arriving in the United States a misdemeanor punishable by fine or imprisonment or both, p. 106.

in the discretion of the Attorney General; all children under sixteen years of age, unaccompanied by or not coming to one or both of their parents, except that any such children may, in the discretion of the Attorney General, be admitted if in his opinion they are not likely to become a public charge and are otherwise eligible; unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the continent of Asia, situate south of the twentieth parallel latitude north, west of the one hundred and sixtieth meridian of longitude east from Greenwich, and north of the tenth parallel of latitude south, or who are natives of any country, province, or dependency situate on the Continent of Asia west of the one hundred and tenth meridian of longitude east from Greenwich and east of the fiftieth meridian of longitude east from Greenwich and south of the fiftieth parallel of latitude north, except that portion of said territory situate between the fiftieth and the sixty-fourth meridians of longitude east from Greenwich and the twentyfourth and thirty-eighth parallels of latitude north, and no alien now in any way excluded from, or prevented from entering, the United States shall be admitted to the United States. The provision next foregoing, however, shall not apply to persons of the following status or occupations: Government officers, ministers or religious teachers, missionaries, lawyers, physicians, chemists, civil engineers, teachers, students, authors, artists, merchants, and travelers for curiosity or pleasure, nor to their legal wives or their children under sixteen years of age who shall accompany them or who subsequently may apply for admission to the United States, but such persons or their legal wives or foreign-born children who fail to maintain in the United States a status or occupation placing them within the excepted classes shall be deemed to be in the United States contrary to law, and shall be subject to deportation as provided in section nineteen of this Act.

That after three months from the passage of this Act in addition to the aliens who are by law now excluded from admission into the United States, the following persons shall also be excluded from admission thereto, to. wit:

All aliens over sixteen years of age, physically capable of reading, who can not read the English language, or some other language or dialect, including Hebrew or Yiddish: 15 Provided,1 [1] That any admissible alien, or any alien heretofore or hereafter legally admitted, or any citizen of the United States, may bring in or send for his father or grandfather over fifty-five years of age, his wife, his mother, his grandmother, or his unmarried or widowed daughter, if otherwise admissible, whether such relative can read or not; and such relative shall be permitted to enter. That for the purpose of ascertaining whether aliens can read the immigrant inspectors shall be furnished with slips of uniform size, prepared

14 See Treaty between the United States and China concerning immigration, p. 201. Act of Feb. 14, 1944, sec. 5 (g) (Pub. Law 229), p. 132, waives this requirement in the case of agricultural laborers seeking admission under that Act.

18 Provisos have been numbered as a matter of convenience. The numbers do not appear in the statute.

under the direction of the Attorney General, each containing not less than thirty nor more than forty words in ordinary use, printed in plainly legible type in some one of the various languages or dialects of immigrants. Each alien may designate, the particular language or dialect in whch he desires the examination to be made, and shall be required to read the words printed on the slip in such language or dialect. That the following classes of persons shall be exempt from the operation of the illiteracy test, to wit: All aliens who shall prove to the satisfaction of the proper immigration officer or to the Attorney General that they are seeking admission to the United States to avoid religious persecution in the country of their last permanent residence, whether such persecution be evidenced by overt acts or by laws or governmental regulations that discriminate against the alien or the race to which he belongs because of his religious faith; all aliens who have been lawfully admitted to the United States and who have resided therein continuously for five years, and who return to the United States within six months from the date of their departure therefrom; all aliens in transit through the United States; all 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 another through foreign contiguous territory: Provided, [2] That nothing in this Act shall exclude, if otherwise admissible, persons convicted, or who admit the commission, or who teach or advocate the commission, of an offense purely political: Provided further, [3] That the provisions of this Act, relating to the payments for tickets or passage by any corporation, association, society, municipality, or foreign Government shall not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory: Provided further, [4] That skilled labor, if otherwise admissible, may be imported if labor of like kind unemployed can not be found in this country, and the question of the necessity of importing such skilled labor in any particular instance may be determined by the Attorney General upon the application of any person interested, such application to be made before such importation, and such determination by the Attorney General to be reached after a full hearing and an investigation into the facts of the case: Provided further, [5] That the provisions of this law applicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed as domestic servants: Provided further, [6] That whenever the President shall be satisfied that passports issued by any foreign Government to its citizens or subjects to go to any country other than the United States, or to any insular possession of the United States or to the Canal Zone, are being used for the purpose of enabling the holder to come to the continental territory of the United States to the detriment of labor conditions therein, the President shall refuse

See act of March 17, 1932 (47 Stat. 67: 8 U. S. C. 137 (b)-137 (d)), p. 98. This statute defines the term "artist" with respect to instrumental musicians.

to permit such citizens or subjects of the country issuing such passports to enter the continental territory of the United States from such other country or from such insular possession or from the Canal Zone: 18 Provided further, [7] That aliens returning after a temporary absence to an unrelinquished United States domicile of seven consecutive years may be admitted in the discretion of the Attorney General, and under such conditions as he may prescribe: Provided further, [8] That nothing in the contract-labor or reading-test provisions of this Act shall be construed to prevent, hinder, or restrict any alien exhibitor, or holder of concession or privilege for any fair or exposition authorized by Act of Congress, from bringing into the United States, under contract, such otherwise admissible alien mechanics, artisans, agents, or other employees, natives of his country as may be necessary for installing or conducting his exhibit or for preparing for installing or conducting any business authorized or permitted under any concession or privilege which may have been or may be granted by any such fair or exposition in connection therewith, under such rules and regulations as the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, may prescribe both as to the admission and return of such persons: 10 Provided further, [9] That the Commissioner of Immigration and Naturalization with the approval of the Attorney General shall issue rules and prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of otherwise inadmissible aliens applying for temporary admission: Provided further, [10] That nothing in this Act shall be construed to apply to accredited officials of foreign Governments, nor to their suites, families, or guests.20 (39 Stat. 875-878; 8 U. S. C. 136.)

IMPORTATION OF ALIENS FOR IMMORAL PURPOSES; ATTEMPT TO REENTER AFTER DEPORTATION; PENALTY

SEO. 4. That the importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is hereby forbidden; and whoever shall, directly or indirectly, import, or attempt to import into the United States any alien for the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, maintain, control, support, employ, or harbor in any house or other place, for the purpose of prostitution or for any other immoral purpose, any alien, in pursuance of such illegal importation, shall in every such case be deemed guilty of a felony, and on conviction thereof shall be punished by imprisonment for a term of not more than ten

18 See Executive Order No. 1712, February 24, 1913, p. 203, putting this provision into effect.

19 See also Act of April 28, 1902 (32 Stat. 177), p. 64, and Act of Feb. 14, 1944 (58 Stat. 104), p. 127, for other provisions regulating admission of aliens under contract labor law.

20 Act of June 5, 1920 (41 Stat. 981), amended sec. 3, Act. of February 5, 1917 (8 U. S. C. 136), by adding the following proviso: "Provided further, That an alien who can not read may, if otherwise admissible, be admitted if, within five years after this Act becomes law, a citizen of the United States who has served in the military or naval forces of the United States during the war with the Imperial German Government, requests that such alien be admitted, and with the approval of the Secretary of Labor, marries such alien at a United States immigration station."

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years and by a fine of not more than $5,000. Jurisdiction for the trial and punishment of the felonies hereinbefore set forth shall be in any district to or into which said alien is brought in pursuance of said importation by the person or persons accused, or in any district in which a violation of any of the foregoing provisions of this section occurs. That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this Act which relate to prostitutes, procurers, or other like immoral persons, attempt thereafter to return to or to enter the United States shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment for a term of not more than two years. In all prosecutions under this section the testimony of a husband or wife shall be admissible and competent evidence against each other. (39 Stat. 878-879; 8 U.S. C. 138.)

CONTRACT LABORERS; PREPAYING TRANSPORTATION OR ASSISTING

IMPORTATION; FORFEITURE AND PUNISHMENT

SEC. 5. That it shall be unlawful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation or in any way to induce, assist, encourage, or solicit, or attempt to induce, assist, encourage, or solicit the importation or migration of any contract laborer or contract laborers into the United States," unless such contract laborer or contract laborers are exempted under the fifth proviso of section three of this Act,22 or have been imported with the permission of the Attorney General in accordance with the fourth proviso of said section, and for every violation of any of the provisions of this section the person, partnership, company, or corporation violating the same shall forfeit and pay for every such offense the sum of $1,000, which may be sued for and recovered by the United States, as debts of like amount are now recovered in the courts of the United States. For every violation of the provisions hereof the person violating the same may be prosecuted in a criminal action for a misdemeanor, and on conviction thereof shall be punished by a fine of $1,000, or by imprisonment for a term of not less than six months nor more than two years; and under either the civil or the criminal procedure mentioned separate suits or prosecutions may be brought for each alien thus offered or promised employment as aforesaid. The Department of Justice 23 may from any fines or penalties received pay rewards " to persons other than Government employees who may furnish information leading to the recovery of any such penalties, or to the arrest and punishment of any person, as in this section provided. (39 Stat. 879; 8 U. S. C. 139.)

For provision prohibiting importation of contract laborers into Hawaii see Act of April 30, 1900 (31 Stat. 143; 48 U. S. C. 504), p. 64.

The Act of Feb. 14. 1944 (Pub. Law 229), p. 127, provides that the provisions of secs. 5 and 6, Act of Feb. 5, 1917, are inapplicable in cases of agricultural laborers entering the United States under that Act.

23 Section 5, Act of February 5, 1917 (39 Stat. 879; 8 U. S. C. 139). The beginning of the last sentence of this section read as follows: "The Department of Justice, with the approval of the Department of Labor, This was in effect amended by

Reorganization Plan No. V (5 F. R. 2132, June 5, 1940).

24 See also Act of February 26, 1885, as amended (23 Stat. 332; 25 Stat. 567; 8 U. S. C. 140), p. 63, and Act of June 26, 1940 (56 Stat. 576), p. 107, for other provisions covering rewards to informers.

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