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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

and better to enforce the criminal eral, after hearing, finds that such aliens laws of the United States, and for are undesirable residents of the United other purposes," approved June 15, States, to wit: 1917, or the amendment thereof ap- (1) All aliens who are now interned proved May 16, 1918; sections 791, under section 067 of the Revised Stat792, 793, 794, 2388, and 3241, title 18, utes of the United States and the procUnited States Code; an Act entitled lamations issued by the President in "An Act to prohibit the manufacture, pursuance of said section under date of distribution, storage, use, and posses- April 6, 1917, November 16, 1917, Decemsion in time of war of explosives, pro- ber 11, 1917, and April 19, 1918, respecviding regulations for the safe manu- tively. facture, distribution, storage, use, and (2) All aliens who since August 1, possession of the same, and for other 1914, have been or may hereafter be conpurposes," approved October 6, 1917; victed of any violation or conspiracy to an Act entitled “An Act to prevent in violate any of the following Acts or time of war departure from and entry parts of Acts, the judgment on such coninto the United States contrary to the viction having become final, namely: public safety," approved May 22, 1918; (a) An Act entitled “An Act to punish section 215 of this Act; an Act en- acts of interference with the foreign retitled "An Act to punish the willful in- lations, the neutrality, and the foreign jury or destruction of war material commerce of the United States, to punish or of war premises or utilities used espionage, and better to enforce the in connection with war material, and criminal laws of the United States, and for other purposes," approved April for other purposes”, approved June 15, 20, 1918; sections 2151, 2153, 2154, 1917, or the amendment thereof ap2155, and 2156 of title 18, United proved May 16, 1918; States Code; an Act entitled “An Act (b) An Act entitled "An Act to proto authorize the President to increase hibit the manufacture, distribution, temporarily the Military establish- storage, use, and possession in time of ment of the United States," approved war of explosives, providing regulations May 18, 1917, or any amendment for the safe manufacture, distribution, thereof or supplement thereto; the Se- storage, use, and possession of the same, lective Training and Service Act of and for other purposes”, approved Oc1940; the Selective Service Act of tober 6, 1917; 1948; the Universal Military Training (c) An Act entitled "An Act to preand Service Act; an Act entitled "An vent in time of war departure from and Act to punish persons who make entry into the United States contrary to threats against the President of the the public safety”, approved May 22, United States," approved February 14, 1918; 1917; section 871 of title 18, United (d) An Act entitled “An Act to punStates Code; an Act entitled “An Act ish the willful injury or destruction of to define, regulate, and punish trading war material or of war premises or with the enemy, and for other pur- utilities used in connection with war poses”, approved October 6, 1917, or material, and for other purposes”, apany amendment thereof; the Trading proved April 20, 1918; With the Eenemy Act; section 6 of the (e) An Act entitled “An Act to auPenal Code of the United States; sec- thorize the President to increase tempotion 2384 of title 18, United States rarily the Military Establishment of Code; has been convicted of any of- the United States”, approved May 18, fense against section 13 of the Penal 1917, or any amendment thereof or supCode of the United States committed plement thereto; during the period of August 1, 1914, (f) An Act entitled "An Act to punish to April 6, 1917, or of a conspiracy persons who make threats against the occurring within said period to com- President of the United States”, apmit an offense under said section 13 proved February 14, 1917; or of any offense committed during (g) An Act entitled "An Act to de said period against the Act entitled fine, regulate, and punish trading with “An Act to protect trade and com- the enemy, and for other purposes”, apmerce against unlawful restraints and proved October 6, 1917, or any amendmonopolies," approved July 2, 1890, ment thereof; in aid of a belligerent in the European (h) Section 6 of the Penal Code of war; section 960 of title 18, United the United States. States Code; or

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(3) All aliens who have been or may hereafter be convicted of any offense against section 13 of the said Penal Code committed during the period of August 1, 1914, to April 6, 1917, or of a conspiracy occurring within said period to commit an offense under said section 13, or of any offense committed during said period against the Act entitled “An Act to protect trade and commerce against unlawful restraints and monop olies”, approved July 2, 1890, in aid of a belligerent in the European war.

Sec. 2. That in every case in which any such alien is ordered expelled or excluded from the United States under the provisions of this Act the decision of the Attorney General shall be final.

SEC. 3. That in addition to the aliens who are by law now excluded from ad. mission into the United States all persons who shall be expelled under any of the provisions of this Act shall also be excluded from readmission. (Act of May 10, 1920; 41 Stat. 593–594; 8 U,

S. C. 157.) (18) has been convicted under sec- any alien convicted and imprisoned for tion 278 of this Act or under section 4 a violation of any of the provisions of of the Immigration Act of February 5, section four hereof; (Act of 1917, sec. 1917.

19 (a)) (b) The provisions of subsection (a) SEC. 3. That any alien who at any (4) respecting the deportation of an time after entering the United States alien convicted of a crime or crimes is found to have secured either nonshall not apply (1) in the case of any quota or preference-quota visa through alien who has subsequent to such con- fraud, by contracting a marriage which, viction been granted a full and uncon- subsequent to entry into the United ditional pardon by the President of the States, has been judicially annulled retUnited States or by the Governor of any roactively to date of marriage, shall be of the several States, or (2) if the court taken into custody and deported pursentencing such alien for such crime suant to the provisions of section 14 of shall make, at the time of first imposing the Immigration Act of 1924 on the judgment or passing sentence, or within ground that at time of entry he was not thirty days thereafter, a recommenda- entitled to admission on the visa pretion to the Attorney General that such sented upon arrival in the United alien not be deported, due notice having States. This section shall be effective been given prior to making such rec- whether entry was made before or after ommendation to representatives of the the enactment of this Act. interested State, the Service, and prose

When it appears that the immigrant cution authorities, who shall be granted fails or refuses to fulfill his promises an opportunity to make representations for a marital agreement made to proin the matter.

cure his entry as an immigrant he then (c) An alien shall be deported as

becomes immediately subject to deporhaving procured a visa or other docu- tation. (Act of May 14, 1937; 8 U.S.C. mentation by fraud within the meaning

213 a.) of paragraph (19) of section 212 (a), and to be in the United States in violation of this Act within the meaning of subsection (a) (2) of this section, if

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(1) hereafter he or she obtains any entry into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than two years prior to such entry of the alien and which, within two years subsequent to any entry of the alien into the United States, shall be judicially annulled or terminated, unless such alien shall establish to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws; or (2) it appears to the satisfaction of the Attorney General that he or she has failed or refused to fulfill his or her marital agreement which in the opinion of the Attorney General was hereafter made for the purpose of procuring his or her entry as an immigrant.

(d) Except as otherwise specifically Provided further, That the provisions provided in this section, the provisions of this section, with exceptions hereinof this section shall be applicable to before noted, shall be applicable to the all aliens belonging to any of the classes classes of aliens therein mentioned ir. enumerated in subsection (a), notwith- respective of the time of their entry into standing (1) that any such alien the United States: (Act of 1917, sec. entered the United States prior to the 19). date of enactment of this Act, or (2) that the facts, by reason of which any such alien belongs to any of the classes enumerated in subsection (a), occurred prior to the date of enactment of this Act.

(e) An alien, admitted as a non- Provided, That no alien who has been, immigrant under the provisions of or who may hereafter be, admitted into either section 101 (a) (15) (A) (i) or the United States under clause (1) or 101 (a) (15) (G) (i), and who fails to (7) of section 3 as an offiicial of a maintain a status under either of those foreign government, or as a member of provisions, shall not be required to de- the family of such official, or as a reprepart from the United States without sentative of a foreign government in or the approval of the Secretary of State, to an international organization, or an unless such alien is subject to deporta- officer or employee of an international tion under subsection (a) (6) or (7) of organization, or as a member of the this section.

family of such representative, officer, or
employee, shall be required to depart
from the United States without the ap-
proval of the Secretary of State. (Act
of 1924, Proviso to sec. 15.)
No alien who is deportable under the
provisions of paragraph (3), (4), or
(5) of this subsection shall be deported
until the termination of his imprison-
ment or the entry of an order releas-
ing him on probation or parole. (Act
of 1917, sec. 19 (b).)
Provided further, That the provisions
of this section shall also apply to the

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

cases of aliens who come to the main-
land of the United States fre the ir-
sular possessions thereof: (Act of 1917,
sec. 19 (a)).
Provided, That the marriage to an
American citizen of a female of the
sexually immoral classes the exclusion
or deportation of which is prescribed
by this Act shall not invest such female
with United States citizenship if the
marriage of such alien female shall be
solemnized after her arrest or after
the commission of acts which make
her liable to deportation under this
Act: (Act of 1917, sec. 19 (a)).

or

APPREHENSION AND DEPORTATION OF

ALIENS SEC. 242. (a) Pending a determina- Section 19 (a) and (b) of the Imtion of deportability in the case of any migration Act of 1917 provides that alien as provided in subsection (b) of certain designated aliens "shall, upon this section, such alien may, upon war- the warrant of the Attorney General, rant of the Attorney General, be ar- be taken into custody and deported:”. rested and taken into custody. Any such alien taken into custody may, in the discretion of the Attorney General and pending such final determination Pending final determination of of deportability, (1) be continued in the deportability of any alien taken custody; or (2) be released under bond into custody under warrant of the Atin the amount of not less than $500 torney General, such alien may, in the with security approved by the Attorney discretion of the Attorney General (1) General, containing such conditions as be continued in custody; or (2) be the Attorney General may prescribe; released under bond in the amount of

(3) be released on conditional not less than $500, with security apparole. But such bond or parole, roved by the Attorney General; or (3) whether heretofore or hereafter au- be released on conditional parole. It thorized, may be revoked at any time shall be among the conditions of any by the Attorney General, in his discre- such bond, or of the terms of release tion, and the alien may be returned to on parole, that the alien shall be procustody under the warrant which duced, or will produce himself, when initiated the proceedings against him required to do so for the purpose of and detained until final determination defending himself against the charge of his deportability. Any court of com- or charges under which he was taken petent jurisdiction shall have authority into custody and any other charges to review or revise any determination which subsequently are lodged against of the Attorney General concerning de- him, and for deportation if an order tention, release on bond, or parole for his deportation has been made. pending final decision of deportability (Sec. 20 (a), Act of 1917, as amended upon a conclusive showing in habeas by sec. 23 of the Subversive Activities corpus proceedings that the Attorney Control Act of 1950.) General is not proceeding with such reasonable dispatch as may be warranted by the particular facts and circumstances in the case of any alien to determine deportability.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414 (b) A special inquiry officer shall conduct proceedings under this section to determine the deportability of any alien, and shall administer oaths, present and receive evidence, interrogate, examine, and cross-examine the alien or witnesses, and, as authorized by the Attorney General, shall make determinations, including orders of deportation. Determination of deportability in any case shall be made only upon a record made in a proceeding before a special inquiry officer, at which the alien shall have reasonable opportunity to be present, unless by reason of the alien's mental incompetency it is impracticable for him to be present, in which case the Attorney General shall prescribe necessary and proper safeguards for the rights and privileges of such alien. If any alien has been given a reasonable opportunity to be present at a proceeding under this section, and without reasonable cause fails or refuses to attend or remain in attendance at such proceeding, the special inquiry officer may proceed to a determination in like manner as if the alien were present. In any case or class of cases in which the Attorney General believes that such procedure would be of aid in making a determination, he may require specifically or by regulation that an additional immigration officer shall be assigned to present the evidence on behalf of the United States and in such case such additional immigration officer shall have authority to present evidence, and to interrogate, examine and cross-examine the alien or other witnesses in the proceedings. Nothing in the preceding sentence shall be construed to diminish the authority conferred upon the special inquiry officer conducting such proceedings. No special inquiry officer shall conduct a proceeding in any case under this section in which he shall have participated in investigative functions or in which he shall have participated (except as provided in this subsection) in prosecuting functions. Proceedings before a special inquiry officer acting under the provisions of this section shall be in accordance with such regulations, not inconsistent with this Act, as the Attorney General shall prescribe. Such regulations shall include requirements that

(1) the alien shall be given notice, reasonable under all the circum

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