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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

LIAISON WITH INTERNAL SECURITY

OFFICERS

SEC. 105. The Commissioner and the administrator shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this Act in the interest of the internal security of the United States. The Commissioner and the administrator shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this Act, and all other immigration and na. tionality laws.

TITLE II—IMMIGRATION
CHAPTER 1-QUOTA SYSTEM

NUMERICAL LIMITATIONS; ANNUAL QUOTA NUMERICAL LIMITATIONS UPON QUOTA;

BASED UPON NATIONAL ORIGIN; MINI- ANNUAL QUOTA BASED ON NATIONALMUM QUOTAS

ITY; NATIONAL ORIGIN; MINIMUM

QUOTA

SEC. 201. (a) The annual quota of any SEC. 11. (a) The annual quota of any quota area shall be one-sixth of 1 per nationality shall be 2. per centum of centum of the number of inhabitants in the number of foreign-born individuals the continental United States in 1920, of such nationality resident in contiwhich number, except for the purpose of nental United States as determined by computing quotas for quota areas with- the United States census of 1890, but in the Asia-Pacific triangle, shall be the the minimum quota of any nationality same number heretofore determined shall be 100. under the provisions of section 11 of the Immigration Act of 1924, attributable ANNUAL QUOTA FOR FISCAL YEAR BEGINby national origin to such quota area:

NING JULY 1, 1929; MINIMUM QUOTA Provided, That the quota existing for Chinese persons prior to the date of ality for the fiscal year beginning July

(b) The annual quota of any nationenactment of this Act shall be con- 1, 1929, and for each fiscal year theretinued, and, except as otherwise pro- after, shall be a number which bears vided in section 202 (e), the minimum the same ratio to 150,000 as the number quota for any quota area shall be one of inhabitants in continental United hundred.

States in 1920 having that national origin (ascertained as hereinafter provided in this section) bears to the number of inhabitants in continental United States in 1920, but the minimum quota of any nationality shall be 100.

DETERMINATION OF NATIONAL ORIGIN

(c) For the purpose of subdivision (b) national origin shall be ascertained by determining as nearly as may be, in respect of each geographical area which under section 12 is to be treated as a separate country (except the geographical areas specified in subdivision (c) of section 4) the number of inhabitants in continental United States in 1920 whose

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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

origin by birth or ancestry is attributable to such geographical area. Such determination shall not be made by tracing the ancestors or descendants of particular individuals, but shall be based upon statistics of immigration and emigration, together with rates of increase of population as shown by successive decennial United States censuses, and such other data as may be found to be reliable.

UNITED

INHABITANTS IN CONTINENTAL

STATES IN 1920

(d) For the purpose of subdivisions (b) and (c) the term "inhabitants in continental United States in 1920" does not include (1) immigrants from the geographical areas specified in subdivision (c) of section 4 or their descendants, (2) aliens ineligible to citizenship or their descendants, (3) the descendants of slave immigrants, or (4) the descendants of American aborigines. (Act of 1924, sec. 11 (a), (b), (c), and (d).)

DETERMINATION BY NATIONAL ORIGIN; BY

WHOM MADE; PROCEDURES; PRESIDEN-
TIAL PROCLAMATION OF QUOTAS

(b) The determination of the annual (e) The determination provided for quota of any quota area shall be made in subdivision (c) of this section shall by the Secretary of State, the Secretary be made by the Secretary of State, the of Commerce, and the Attorney General, Secretary of Commerce, and the Attorjointly. Such officials shall, jointly, re- ney General, jointly. In making such port to the President the quota of each determination such officials may call for quota area, and the President shall pro- information and expert assistance from claim and make known the quotas so the Bureau of the Census. Such offireported. Such determination and re- cials shall, jointly, report to the Presiport shall be made and such proclama- dent the quota of each nationality, detion shall be issued as soon as practica- termined as provided in subdivision (b), ble after the date of enactment of this and the President shall proclaim and Act. Quotas proclaimed therein shall make known the quotas so reported. take effect on the first day of the fiscal Such proclamation shall be made on or year, or the next fiscal half year, next before April 1, 1929. If the proclamafollowing the expiration of six months tion is not made on or before such date, after the date of the proclamation, and quotas proclaimed therein shall not be until such date the existing quotas pro- in effect for any fiscal year beginning claimed under the Immigration Act of before the expiration of 90 days after 1924 shall remain in effect. After the the date of the proclamation. After the making of a proclamation under this making of a proclamation under this subsection the quotas proclaimed there- subdivision the quotas proclaimed therein shall continue with the same effect in shall continue with the same effect as as if specifically stated herein and shall if specifically stated herein, and shall be final and conclusive for every pur- be final and conclusive for every purpose, except (1) insofar as it is made to pose except (1) insofar as it is made appear to the satisfaction of such offi- to appear to the satisfaction of such ofcials and proclaimed by the President, ficials and proclaimed by the President, that an error of fact has occurred in that an error of fact has occurred in such determination or in such procla- such determination or in such proclama

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THE IMMIGRATION AND NATIONALITY ACT,

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mation, or (2) in the case provided for tion, or (2) in the case provided for in in section 202 (e).

subdivision (c) of section 12. If for any reason quotas proclaimed under this subdivision are not in effect for any fiscal year, quotas for such year shall be determined under subdivision (a) of this section. (Act of 1924, sec. 11 (e).)

IMMIGRATION VISAS LIMITED TO QUOTAS;

MONTHLY ISSUE (c) There shall be issued to quota im- (f) There shall be issued to quota immigrants chargeable to any quota (1) migrants of any nationality (1) no more no more immigrant visas in any fiscal immigration visas in any fiscal year year than the quota for such year, and than the quota for such nationality, and (2) in any calendar month of any fiscal (2) in any calendar month of any fiscal year, no more immigrant visas than 10 year no more immigration visas than 10 per centum of the quota for such year; per centum of the quota for such naexcept that during the last two months tionality, except that if such quota is of any fiscal year immigrant visas may less than 300 the number to be issued in be issued without regard to the 10 per any calendar month shall be prescribed centum limitation contained herein. by the Commissioner of Immigration

and Naturalization, with the approval of the Attorney General, but the total number to be issued during the fiscal year shall not be in excess of the quota for such nationality. (Act of 1924, sec. 11 (f).)

ISSUE OF VISA TO NONQUOTA IMMIGRANT

AS QUOTA IMMIGRANT (d) Nothing in this Act shall prevent (g) Nothing in this Act shall prevent the issuance (without increasing the the issuance (without increasing the total number of quota immigrant visas total number of immigration visas which which may be issued) of an immigrant may be issued) of an immigration visa visa to an immigrant as a quota immi- to an immigrant as a quota immigrant grant even though he is a nonquota im- even though he is a nonquota immigrant. migrant.

(Act of 1924, sec. 11 (g).) (e) The quota numbers available under the annual quotas of each quota area proclaimed under this Act shall be reduced by the number of quota numbers which have been ordered to be deducted from the annual quotas authorized prior to the effective date of the annual quotas proclaimed under this Act under

(1) section 19 (c) of the Immigration Act of 1917, as amended ;

(2) the Displaced Persons Act of 1948, as amended ; and

(3) any other Act of Congress enacted prior to the effective date of the quotas proclaimed under this Act.

NATIONALITY ; DETERMINATION OF

DETERMINATION OF QUOTA TO WHICH AN

IMMIGRANT IS CHARGEABLE

Sec. 202. (a) Each independent coun- SEC. 12. (a) For the purposes of this try, self-governing dominion, mandated Act nationality shall be determined by territory, and territory under the inter- country of birth, treating as separate national trusteeship of the United Na- countries the colonies, dependencies, or tions, other than the United States and self-governing dominions, for which sepits outlying possessions and the coun- arate enumeration was made in the

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tries specified in section 101 (a) (27) United States census of 1890; except (C), shall be treated as a separate quota that (1) the nationality of a child under area when approved by the Secretary of 21 years of age not born in the United State. All other inhabited lands shall States, accompanied by its alien parent be attributed to a quota area specified not born in the United States, shall be by the Secretary of State. For the pur- determined by the country of birth of poses of this Act, the annual quota to such parent if such parent is entitled to which an immigrant is chargeable shall an immigration visa, and the nationalbe determined by birth within a quota ity of a child under 21 years of age not area, except that

born in the United States, accompanied (1) an alien child, when accom- by both alien parents not born in the panied by his alien parent or parents United States, shall be determined by may be charged to the quota of the the country of birth of the father if the accompanying parent or of either ac- father is entitled to an immigration companying parent if such parent has visa ; and (2) if a wife is of a different received or would be qualified for an nationality from her alien husband and immigrant visa, if necessary to pre- the entire number of immigration visas vent the separation of the child from which may be issued to quota immithe accompanying parent or parents, grants of her nationality for the calenand if the quota to which such parent dar month has already been issued, her has been or would be chargeable is nationality may be determined by the not exhausted for that fiscal year; country of birth of her husband if she

(2) if an alien is chargeable to a is accompanying him and he is entitled different quota from that of his ac- to an immigration visa, unless the total companying spouse, the quota to number of immigration visas which may which such alien is chargeable may, be issued to quota immigrants of the naif necessary to prevent the separation tionality of the husband for the calendar of husband and wife, be determined month has already been issued. An imby the quota of the accompanying migrant born in the United States who spouse, if such spouse has received or has lost his United States citizenship would be qualified for an immigrant shall be considered as having been born visa and if the quota to which such in the country of which he is a citizen spouse has been or would be charge- or subject, or if he is not a citizen or able is not exhausted for that fiscal subject of any country, then in the counyear;

try from which he comes. (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country then in the last foreign country in which he had his residence as determined by the consular officer;

(4) an alien born within any quota area in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the quota area of either parent;

(5) notwithstanding the provisions of SEC. 2. With the exception of Chinese paragraphs (2), (3), and (4) of this alien wives of American citizens and subsection, any alien who is attributa- those Chinese aliens coming under subble by as much as one-half of his an- sections (b), (d), (e), and (f) of seccestry to a people or peoples indigenous tion 4, Immigration Act of 1924 (43 to the Asia-Pacific triangle defined in Stat. 155; 44 Stat. 812; 45 Stat. 1009; subsection (b) of this section, unless 46 Stat. 854; 47 Stat. 656; 8 U. S. C. such alien is entitled to a nonquota 204), all Chinese persons entering the immigrant status under paragraph United States annually as immigrants (27) (A), (27) (B), (27) (D), (27) shall be allocated to the quota for the (E), (27) (F), or (27) (G) of section Chinese computed under the provisions 101 (a), shall be chargeable to a quota of section 11 of the said Act. A preferas specified in subsection (b) of this sec- ence up to 75 per centum of the quota tion: Provided, That the child of an shall be given to Chinese born and resi

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PUBLIC LAW 414

alien defined in section 101 (a) (27) dent in China. (Act of December 17, (C), if accompanying or following to 1943, 8 U. S. C. 212a.) join him, shall be classified under sec- SEC. 4. With the exception of those tion 101 (a) (27) (C), notwithstand- covered by subsection (b), (d), (e), and ing the provisions of subsection (b) of (f) of section 4, Immigration Act of this section.

1924 (43 Stat. 155; 44 Stat. 812; 45 Stat. 1009; 46 Stat. 854; 47 Stat. 656; 8 U. S. C. 204), all persons of races indigenous to India entering the United States annually as immigrants shall be allocated to the quota for India computed under the provisions of section 11 of the said Act. A preference up to 75 per centum of the quota sball be given to Indians and other aliens racially eligible to naturalization, born and resident in India or its dependencies. (Act of July 2, 1946, 8 U. S. C.

212b.) (b) With reference to determination of the quota to which shall be chargeable an immigrant who is attributable by as much as one-half of his ancestry to a people or peoples indigenous to the Asia-Pacific triangle comprising all quota areas and all colonies and other dependent areas situate wholly east of the meridian sixty degrees east of Greenwich, wholly west of the merid

one hundre and sixty-five degrees west, and wholly north of the parallel twenty-five degrees south latitude

(1) there is hereby established, in addition to quotas for separate quota areas comprising independent countries, self-governing dominions, and territories under the international trusteeship system of the United Nations situate wholly within said Asia-Pacific triangle, an Asia-Pacific quota of one hundred annually, which quota shall not be subject to the provisions of subsection (e) ;

(2) such immigrant born within a separate quota area situate wholly within such Asia-Pacific triangle shall not be chargeable to the AsiaPacific quota, but shall be chargeable to the quota for the separate quota area in which he was born;

(3) such immigrant born within a colony or other dependent area situate wholly within said AsiaPacific triangle shall be chargeable to the Asia-Pacific quota ;

(4) such immigrant born outside SEC. 5. (a) For the purposes of secthe Asia-Pacific triangle who is at- tion 2 of this Act, the term “persons of tributable by as much as one-half of races indigenous to India" shall mean his ancestry to a people or peoples any person who is as much as one-half indigenous to not more than one sep- of the blood of a race indigenous to arate quota area, situate wholly India and who is eligible to naturalizawithin the Asia-Pacific triangle, shall tion under section 303 of the Nationalbe chargeable to the quota of that ity Act of 1940, as amended by section quota area;

1 of this Act.

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