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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

OLD LAW

REGISTRATION BY PARENT OR GUARDIAN OF

ALIENS UNDER 14 YEARS OF AGE (b) It shall be the duty of every par- (b) It shall be the duty of every parent or legal guardian of any alien now ent or legal guardian of any alien now or hereaiter in the United States, who or hereafter in the United States, who (1) is less than fourteen years of age, (1) is less than fourteen years of age, (2) has not been registered under sec- (2) has not been registered under section 221 (b) of this Act or section 30 tion 30, and (3) remains in the United or 31 of the Alien Registration Act, States for thirty days or longer, to 1940, and (3) remains in the United apply for the registration of such alien States for thirty days or longer, to ap- before the expiration of such thirty ply for the registration of such alien days. Whenever any alien attains his before the expiration of such thirty fourteenth birthday in the United days. Whenever any alien attains his States he shall, within thirty days fourteenth birthday in the United thereafter, apply in person for registraStates he shall, within thirty days there. tion and to be fingerprinted. (Alien after, apply in person for registration Registration Act, 1940, sec. 31 (b); 8 and to be fingerprinted.

U. S. C. 452.)

PROVISIONS GOVERNING REGISTRATION OF FOUR MONTHS' REGISTRATION PERIOD FOR
SPECIAL GROUPS

ALIENS IN THE UNITED STATES ON
AUGUST 27, 1940 ; EXEMPTION OF FOR-
EIGN GOVERNMENT OFFICIALS AND THEIR
FAMILIES; AUTHORITY TO PRESCRIBE

REGULATIONS SEC. 263. (a) Notwithstanding the SEC. 32. Notwithstanding the proviprovisions of sections 261 and 262, the sions of sections 30 and 31Attorney General is authorized to pre- (a) The application for the registrascribe special regulations and forms tion and fingerprinting, or for the regisfor the registration and fingerprinting tration, of any alien who is in the of (1) alien crewmen, (2) holders of United States on the effective date of border-crossing identification cards, such sections may be made at any time (3) aliens confined in institutions with- within four months after such date. in the United States, (4) aliens under (b) No foreign government official, order of deportation, and (5) aliens of or member of his family, shall be reany other class not lawfully admitted quired to be registered or fingerprinted to the United States for permanent under this title. residence.

(c) The Commissioner is authorized (b) The provisions of section 262 and to prescribe, with the approval of the of this section shall not be applicable to Attorney General, special regulations any alien who is in the United States for the registration and fingerprintas a nonimmigrant under section 101 ing of (1) alien seamen, (2) hold(a) (15) (A) or 101 (a) (15) (G) ers of border-crossing identification until the alien ceases to be entitled to cards, (3) aliens confined in institutions such a nonimmigrant status.

within the United States, (4) aliens under order of deportation, and (5) aliens of any other class not lawfully admitted to the United States for permanent residence. Alien Registration Act, 1940, sec. 32; 8 U. S. C. 453.)

FORMS AND PROCEDURE

FORMS FOR REGISTRATION AND FINGER

PRINTING OF ALIENS SEC. 261. (a) The Attorney General SEC. 34. (a) The Commissioner is auand the Secretary of State jointly are thorized and directed to prepare forms authorized and directed to prepare for the registration and fingerprinting forms for the registration and finger- of aliens under this title. Such forms printing of aliens under section 261 of shall contain inquiries with respect to this title, and the Attorney General is (1) the date and place of entry of the authorized and directed to prepare alien into the United States; (2) activiforms for the registration and finger- ties in which he has been and intends to printing of aliens under section 262 of be engaged; (3) the length of time he

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

this title. Such forms shall contain in- expects to remain in the United States; quiries with respect to (1) the date and (4) the criminal record, if any, of such place of entry of the alien into the alien; and (5) such additional matters United States; (2) activities in which as may be prescribed by the Commishe has been and intends to be engaged; sioner, with the approval of the Attor(3) the length of time he expects to re- ney General. (Alien Registration Act, main in the United States; (4) the 1940, sec. 34 (a); 8 U. S. C. 455.) police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed.

REGISTRATION AND FINGERPRINTING BEC

ORDS SECRET AND CONFIDENTIAL (b) All registration and fingerprint (b) All registration and fingerprint records made under the provisions of records made under the provisions of this title shall be confidential, and shall this title shall be secret and confidenbe made available only to such persons tial, and shall be made available only or agencies as may be designated by the to such persons or agencies as may be Attorney General.

designated by the Commissioner, with the approval of the Attorney General. (Alien Registration Act, 1940, sec. 34 (b); 8 U. S. C. 455.)

REGISTRATION INFORMATION TO BE

UNDER OATH (c) Every person required to apply (c) Every person required to apply for the registration of himself or for the registration of himself or an. another under this title shall submit un- other under this title shall submit under der oath the information required for oath the information required for such such registration. Any person author- registration. Any person authorized to ized under regulations issued by the register aliens under this title shall be Attorney General to register aliens un- authorized to administer oaths for such der this title shall be authorized to ad- purpose. (Alien Registration Act, 1940, minister oaths for such purpose.

sec. 34 (c); 8 U. S. C. 455.) (d) Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this Act shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General.

(e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

NOTICES OF CHANGE OF ADDRESS

NOTICE OF CHANGE OF RESIDENCE AND

ADDRESS OF RESIDENT ALIENS WITHIN
5 DAYS; INFORMATION OF ADDRESS OF
ALIENS TEMPORARILY IN THE UNITED
STATES AT EXPIRATION OF EACH THREE
MONTHS

SEC. 265. Every alien required to be SEC. 35. Any alien required to be registered under this title, or who was registered under this title who is an required to be registered under the Alien alien resident of the United States on Registration Act, 1940, as amended, who January 1, 1951, and on January 1 of is within the United States on the first any succeeding year, shall, within ten day of January following the effective days following such dates, notify the date of this Act, or on the first day of Commissioner in writing of his curJanuary of each succeeding year shall, rent address. In the case of an alien within thirty days following such dates, for whom a parent or legal guardian is notify the Attorney General in writing required to apply for registration, the of his current address and furnish such notice required by this section shall be additional information as may by regu- given by such parent or legal guardian. lations be required by the Attorney Gen- (Alien Registration Act, 1940, sec. 35, eral. Any such alien shall likewise as amended by sec. 24 of the Subversive notify the Attorney General in writing Activities Control Act of 1950.) of each change of address and new address within ten days from the date of such change. Any such alien who is temporarily absent from the United States on the first day of January fol. lowing the effective date of this Act, or on the first day of January of any succeeding year shall furnish his current address and other information as required by this section within ten days after his return. Any such alien in the United States in a lawful temporary residence status shall in like manner also notify the Attorney General in writing of his address at the expiration of each three-month period during which he remains in the United States, regardless of whether there has been any change of address. In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given by such parent or legal guardian. PENALTIES

PENALTY FOR FAILURE OR REFUSAL TO

APPLY FOR REGISTRATION AND FINGER

PRINTING SEC. 266. (a) Any alien required to SEC. 36. (a) Any alien required to apply for registration and to be finger- apply for registration and to be fingerprinted in the United States who will- printed who willfully fails or refuses to fully fails or refuses to make such make such application or to be fingerapplication or to be fingerprinted, and printed, and any parent or legal guardany parent or legal guardian required ian required to apply for the registrato apply for the registration of any tion of any alien who willfully fails or alien who willfully fails or refuses to refuses to file application for the regisfile application for the registration of tration of such alien shall, upon convicsuch alien shall be guilty of a misde- tion thereof be fined not to exceed

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

meanor and shall, upon conviction $1,000 or be imprisoned not more than thereof, be fined not to exceed $1,000 or six months, or both. (Alien Registrabe imprisoned not more than six months, tion Act, 1940, sec. 36 (a); 8 U. S. C. or both.

457.)

PENALTY FOR FAILURE TO GIVE WRITTEN

NOTICE TO THE ATTORNEY GENERAL OF
CHANGE OF ADDRESS

(b) Any alien or any parent or legal (b) Any alien, or any parent or legal guardian in the United States of any guardian of any alien, who fails to alien who fails to give written notice to give written notice to the Attorney the Attorney General, as required by General, as required by section 35 of section 265 of this title, shall be guilty this Act, shall, upon conviction thereof, of a misdemeanor and shall, upon con- be fined not to exceed $100 or imprisviction thereof, be fined not to exceed oned not more than thirty days, or both. $200 or be imprisoned not more than (As amended by sec. 24 of the Subverthirty days, or both. Irrespective of sive Activities Control Act of 1950.) whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 265, shall be taken into custody and deported in the manner provided by chapter 5 of this title, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

PENALTY FOR FRAUD IN REGISTRATION OR

FORGERY OF RECEIPT CARD

(c) Any alien or any parent or legal (c) Any alien or any parent or legal guardian of any alien, who files an ap- guardian of any alien, who files an application for registration containing plication for registration containing statements known by him to be false, statements known by him to be false, or or who procures or attempts to procure who procures or attempts to procure registration of himself or another per- registration of himself or another person through fraud, shall be guilty of son through fraud, shall, upon convica misdemeanor and shall, upon convic- tion thereof, be fined not to exceed tion thereof, be fined not to exceed $1,000, or be imprisoned not more than $1,000, or be imprisoned not more than six months, or both; and any alien six months, or both; and any alien so so convicted within five years after enconvicted shall, upon the warrant of the try into the United States, shall, upon Attorney General, be taken into custody the warrant of the Attorney General, and be deported in the manner provided be taken into custody and be deported in chapter 5 of this title.

in the manner provided in section 19 and 20 of the Immigration Act of February 5, 1917, as amended. (Alien Registration Act, 1940, sec. 36 (c); 8 U.

S. C. 457.) (d) Any person who with unlawful in- (d) Any person who with unlawful tent photographs, prints, or in any other intent photographs, prints, or in any manner makes, or executes, any engrav- other manner makes, or executes, any ing, photograph, print, or impression in engraving, photograph, print, or imthe likeness of any certificate of alien pression in the likeness of an alien reg. registration or an alien registration re- istration receipt card or any colorable ceipt card or any colorable imitation imitation thereof, except when and as thereof, except when and as authorized authorized under such rules and regulaunder such rules and regulations as may tions as may be prescribed by the At. be prescribed by the Attorney General, torney General, shall upon conviction, shall upon conviction be fined not to be fined not to exceed $5,000 or be im

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

exceed $5,000 or be imprisoned not more prisoned not more than five years, or than five years, or both.

both. (Alien Registration Act, 1940, sec. 36 (d); 8 U. S. C. 457.)

AUTHORITY TO MAKE RULES AND REGULA

TIONS ; POWERS OF THE ATTORNEY GEN-
ERAL TO BE EXERCISED THROUGH
AUTHORIZED OFFICERS OF THE DEPART-
MENT OF JUSTICE

SEC. 37. (a) The Commissioner, with the approval of the Attorney General, is authorized and empowered 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 title (including provisions for the identification of aliens registered under this title) ; except that all such rules and regulations, insofar as they relate to the performance of functions by consular officers or officers or employees in the Postal Service, shall be prescribed by the Secretary of State and the Postmaster General, respectively, upon recommendation of the Attorney General. The powers conferred upon the Attorney General by this Act and all other powers of the Attorney General relating to the administration of the Immigration and Naturalization Service may be exercised by the Attorney General through such officers of the Department of Justice, including officers of the Immigration and Naturalization Service, attorneys, special attorneys, and special assistants to the Attorney General, as he may designate specifically for such purposes. (Alien Registration Act, 1940, sec. 36 (a); 8 U. S. C. 458.)

AUTHORIZATION FOR EXPENDITURES;
EMPLOYEES AND RENTAL OF QUARTERS

(b) The Commissioner is authorized to make such expenditures, to employ such additional temporary and permanent employees, and to rent such quarters outside the District of Columbia as may be necessary for carrying out the provisions of this title. (Alien Registration Act, 1940, sec. 36 (b); 8 U. S. C. 458.)

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