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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

States, and for other purposes”, approved June 8, 1938, as amended, or has been convicted under section 1546 of title 18 of the United States Code;

(6) or at any time has been, af- SEC. 4. (a) Any alien who was at the ter entry, a member of any of the time of entering the United States, or following classes of aliens:

has been at any time thereafter, a mem(A) Aliens who are anarchists; ber of any one of the classes of aliens

(B) Aliens who advocate or enumerated in section 1 (1) or section teach, or who are members of or 1 (3) of this Act or, except in the case affiliated with any organization of an alien who is legally in the United that advocates or teaches, opposi- States temporarily as a nonimmigrant tion to all organized goverument; under section 3 (1) or 3 (7) of the Im

(C) Aliens who are members of migration Act of 1924, as amended) a or affiliated with (i) the Commun- member of any one of the classes of ist Party of the United States; (ii) aliens enumerated in section 1 (2) of any other totalitarian party of the this Act, shall, upon the warrant of the United States; (iii) the Commun- Attorney General, be taken into cusist Political Association; (iv) the tody and deported in the manner proCommunist or any other totalitar- vided in the Immigration Act of Febian party of any State of the ruary 5, 1917. The provisions of this United States, of any foreign state, section shall be applicable to the or of any political or geographical classes of aliens mentioned in this Act, subdivision of any foreign state; irrespective of the time of their entry (v) any section, subsidiary, into the United States. (Act of Oct. branch, affiliate, or subdivision of 16, 1918, 8 U. S. C. 137, as amended by any such association or party; or sec. 22 of the Subversive Activities (vi) the direct predecessors or Control Act of 1950.) successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt: Provided, That nothing in this paragraph, or in any other provision of this Act, shall be construed as declaring that the Communist Party does not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means ;

(D) Aliens not within any of the other provisions of this paragraph any alien who at any time after entry who advocate the economic, inter- shall be found advocating or teaching national, and governmental doc- the unlawful destruction of property, trines of world communism or the or advocating or teaching anarchy, or establishment in the United States the overthrow by force or violence of of a totalitarian dictatorship, or the Government of the United States or who are members of or affiliated of all forms of law or the assassination with any organization that advo- of public officials; (Act of 1917, sec. cates the economic, international, 19 (a)). and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its

utterances through any written or printed publications issued or published by or with the permission or consent of or under the authority of such organization or paid for by the funds of, or funds furnished by, such organization;

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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(E) Aliens not within any of the other provisions of this paragraph, who are members of or affiliated with any organization during the time it is registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950, unless such aliens establish that they did not have knowledge or reason to believe at the time they became members of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was SO registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist organization;

(F) Aliens who advocate or teach or who are members of or affiliated with any organization that advocates or teaches (i) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law; or (ii) 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 (iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage;

(G) Aliens who write or publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, adrocating or teaching opposition to all organized government, or advocating or teaching (i) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law; or (ii) 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 (iii) the un

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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

lawful damage, injury, or destruction of property; or (iv) sabotage; or (v) the economic, international, and

governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship;

(H) Aliens who are members of or affiliated with any organization that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession 1or the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in paragraph (G);

(7) is engaged, or at any time after (b) The Attorney General shall, in entry has engaged, or at any time like mannner as provided in subsection after entry has had a purpose to en- (a) of this section, take into custody gage, in any of the activities described and deport from the United States any in paragraph (27) or (29) of section alien who at any time, whether before 212 (a), unless the Attorney General or after the effective date of this Act, is satisfied, in the case of any alien has engaged, or has had a purpose to within category (C) of paragraph engage, in any of the activities described (29) of such section, that such alien in paragraph (1) or in any of the subdid not have knowledge or reason to paragraphs of paragraph (3) of section believe at the time such alien became 1, unless the Attorney General is satisa member of, affiliated with, or partici- fied, in the case of any alien who engaged pated in the activties of the organ- in any activity within category (C) of ization (and did not thereafter and paragraph (3) of section 1 that such prior to the date upon which such alien did not know or have reason to such organization was registered or believe at the time such alien became a required to be registered under section member of or affiliated with the or7 of the Subversive Activities Control ganization referred to in category (C) of Act of 1950 have such knowledge or paragraph (3) of section 1 (and did not reason to believe) that such organiza- thereafter and prior to the date upon tion was a Communist organization; which such organization was registered

or required to be registered under section 7 of the Subversive Activities Control Act of 1950 acquire such knowledge or belief) that such organization was a Communist organization. (Sec. 4 (b), act of Oct. 16, 1918, as amended by sec. 22 of the Subversive Activities Control

Act of 1950.) (8) in the opinion of the Attorney any alien who within five years after General, has within five years after entry becomes a public charge from entry become a public charge from causes not affirmatively shown to have causes not afirmatively shown to arisen subsequent to landing; (Act of have arisen after entry;

1917, sec. 19 (a)). (9) was admitted as a nonimmi- Sec. 14. Any alien who at any time grant and failed to maintain the non- after entering the United States is immigrant status in which he was found to have been at the time of entry admitted or to which it was changed not entitled under this Act to enter the pursuant to section 248, or to comply United States, or to have remained with the conditions of any such therein for a longer time than permitted status;

under this Act or regulations made (10) entered the United States thereunder, shall be taken into custody from foreign contiguous territory or and deported in the same manner as adjacent islands, having arrived there provided for in sections 19 and 20 of the on a vessel or aircraft of a nonsig- Immigration Act of 1917: Provided,

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natory transportation company under That the Attorney General may, under section 238 (a) and was without the such conditions and restrictions as to required period of stay in such for- support and care as he may deem neceseign contiguous territory or adjacent sary, permit permanently to remain in islands following such arrival (other the United States, any alien child who, than an alien who is a native-born when under 16 years of age was herecitizen of any of the countries enu- tofore temporarily admitted to the merated in section 101 (a) (27) (C) United States and who is now within and an alien described in section 101 the United States and either of whose (a) (27) (B));

parents is a citizen of the United States.

(Act of 1924, sec. 14.) (11) is, or hereafter at any time That any alien (except an addict who after entry has been, a narcotic drug is not a dealer in, or peddler of, any of addict, or who at any time has been the narcotic drugs mentioned in this convicted of a violation of any law Act) who, after the enactment of this or regulation relating to the illicit Act, shall be convicted for violation of traffic in narcotic drugs, or who has or conspiracy to violate any statute of been convicted of a violation of any the United States or of any State, Terlaw or regulation governing or con- ritory, possession, or of the District of trolling the taxing, manufacture, Columbia, taxing, prohibiting or reguproduction, compounding, transpor- lating the manufacture, production, tation, sale, exchange, dispensing, giv- compounding, transportation, sale, exing away, importation, exportation, change, dispensing, giving away, imor the possession for the purpose of portation, or exportation of opium, the manufacture, production, com- coca leaves, heroin, marihuana, or any pounding, transportation, sale, ex- salt, derivative, or preparation of opium change, dispensing, giving away, im- or coca leaves, shall be taken into cusportation or exportation of opium, tody and deported in manner provided coca leaves, heroin, marihuana, any in sections 19 and 20 of the Act of Febsalt derivative or preparation of rurary 5, 1917, entitled "An Act to reguopium or coca leaves or isonipecaine late the immigration of aliens to, and or any addiction-forming or addiction the residence of aliens in, the United sustaining opiate;

States." (Act of Feb. 18, 1931, as

amended, 8 U. S. C. 156 (a).) (12) by reason of any conduct, be- any alien who shall be found an inmate havior or activity at any time after of or connected with the management entry became a member of any of the of a house of prostitution or practicing classes specified in paragraph (12) of prostitution after such alien shall have section 212 (a); or is or at any time entered the United States, or who shall after entry has been the manager, or receive, share in, or derive benefit from

or at any time after entry has been any part of the earnings of any prosticonnected with the management, of tute; any alien who manages or is ema house of prostitution or any other ployed by, in, or in connection with any immoral place;

house of prostitution or music or dance hall or other places of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists any prostitute or protects or promises to protect from arrest any prostitute; any alien who shall import or attempt to import any person for the purpose of prostitution or for any other immoral purpose; any alien who, after being excluded and deported or arrested and deported as a prostitute, or as a procurer, or as having been connected with the business of prostitution or importation for prostitution, or other immoral purposes in any of the ways hereinbefore specified, shall return to and enter the United States; any alien convicted and imprisoned for a violation of any of the provisions of sec

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

tion four hereof; (Act of 1917, sec 19,

(a).) (13) prior to, or at the time of any (b) Any alien of any of the classes entry, or at any time within five years specified in this subsection, in addition after any entry, shall have, knowing to aliens who are deportable under other ly and for gain, encouraged, induced, provisions of law shall, upon warrant assisted, abetted, or aided any other of the Attorney General, be taken into alien to enter or to try to enter the custody and deportedUnited States in violation of law;

(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 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. (14) at any time after entry, shall

(3) Any alien who, at any time afhave been convicted of possessing or

ter entry, shall have been convicted carrying in violation of any law any of possessing or carrying in violation weapon which shoots or is designed

of any law any weapon which shoots to shoot automatically or semiauto- or is designed to shoot automatically matically more than one shot without

or semi-automatically more than one manual reloading, by a single func- shot without manual reloading, by a tion of the trigger, or a weapon com- single function of the trigger, or a monly called a sawed-off shotgun;

weapon commonly called a sawed-ofr

shotgun. (15) at any time within five years (4) Any alien who, at any time after entry, shall have been convicted within five years after entry, shall of violating the provisions of title I have been convicted of violating the of the Alien Registration Act, 1940; provisions of title I of the Alien Reg

(16) at any time after entry, shall istration Act, 1940. have been convicted more than once (5) Any alien who, at any time afof violating the provisions of title I ter entry, shall have been convicted of the Alien Registration Act, 1940; or more than once of violating the pro

visions of title I of the Alien Registration Act, 1940. (Act of 1917, sec. 19 (b).)

DEPORTATION OF CERTAIN SPECIFIED

ALIENS; ENUMERATION OF PERSONS TO
BE DEPORTED; MANNER OF DEPORTATION :
DECISION OF ATTORNEY GENERAL FINAL;
READMISSION DENIED

(17) the Attorney General finds to Be it enacted by the Senate and House be an undesirable resident of the of Representatives of the United States United States by reason of any of the of America in Congress assembled, That following, to wit: has been or may aliens of the following classes, in addihereafter be convicted of any viola- tion to those for whose expulsion from tion or conspiracy to violate any of the United States provision made in the following Acts or parts of Acts or the existing law, shall, upon the warany amendment thereto, the judgment rant of the Attorney General, be taken on such conviction having become into his custody and deported in the final, namely: an Act entitled “An manner provided in sections 19 and 20 Act to punish acts of interference with of the Act of February 5, 1917, entitled the foreign relations, the neutrality, “An Act to regulate the immigration of and the foreign commerce of the aliens to, and the residence of aliens in, United States, to punish espionage, the United States”, if the Attorney Gen

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