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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

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(28) Aliens who are, or at any time (2) Aliens who, at any time, shall be have been, members of any of the fol- or shall have been members of any of lowing classes :

the following classes : (A) Aliens who are anarchists;

(A) Aliens who are anarchists; (B) Aliens who advocate or teach, (B) Aliens who advocate or teach, or who are members of or affiliated or who are members of or affiliated with any organization that advocates with any organization that advocates or teaches, opposition to all organized or teaches, opposition to all organized government;

government; (sec. 1, act of October 16, 1918, as amended by sec. 22 of the Subversive Activities Control Act of 1950).

Persons "who disbelieve in or are opposed to organized government,” * who are members of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized government

(Act

of 1917, sec. 3). (C) Aliens who are members of or (C) Aliens who are members of or affiliated with (i) the Communist affiliated with (i) the Communist Party of the United States, (ii) any Party of the United States, (ii) any other totalitarian party of the United other totalitarian party of the United States, (iii) the Communist Political States, (iii) the Communist Political Association, (iv) the Communist or Association, (iv) the Communist or any other totalitarian party of any other totalitarian party of any State State of the United States, of any for- of the United States, of any foreign eign state, or of any political or state, or of any political or geographigeographical subdivision of any for- cal subdivision of any foreign state; eign state, (v) any section, subsid- (v) any section, subsidiary, branch, iary, branch, affiliate, or subdivision affiliate, or subdivision of any such of any such association or party, or association or party; or (vi) the di(vi) the direct predecessors or suc- rect predecessors or successors of any cessors of any such association or such association or party, regardless party, regardless of what name such of what name such group or organigroup or organization may have used, zation may have used, may now bear, may now bear, or may hereafter or may hereafter adopt; (sec. 1, act adopt: Provided, That nothing in this of October 16, 1918, as amended by paragraph, or in any other provision sec. 22 of Subversive Activities Conof this Act, shall be construed as de- trol Act of 1950). claring 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 (D) Aliens not with any of the other provisions of this paragraph other provisions of this paragraph who advocate the economic, interna- (2) who advocate the economic, intertional, and governmental doctrines of national, and governmental doctrines world communism or the establish- of world communism or the economic ment in the United States of a totali- and governmental doctrines of any tarian dictatorship, or who are mem- other form of totalitarianism, or who bers of or affiliated with any organi- are members of or affiliated with any zation that advocates the economic, organization that advocates the ecointernational, and governmental doc- nomic, international, and governtrines of world communism or the es- mental doctrines of world commutablishment in the United States of nism, or the economic and governa totalitarian dictatorship, either mental doctrines of any other form of through its own utterances or through totalitarianism, either through its any written or printed publications own utterances or through any writissued or published by or with the ten or printed publications issued or permission or consent of or under the published by or with the permission authority of such organization or paid or consent of or under the authority

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

for by the funds of, or funds furnished by, such organization;

(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 established that they did not have knowledge or reason to be lieve 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;

of such organization or paid for by the funds of such organization; (sec. 1, Act of October 16, 1918, as amended by sec. 22, Subversive Activities Control Act of 1950).

(E) Aliens not within any of the other provisions of this paragraph (2), who are members of or affiliated with any organization which 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 know or have 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 acquire such knowledge or belief) that such organization was a Communist organization. (Sec. 1, Act of October 16, 1918, as amended by sec. 22, Subversive Activities Control Act of 1950.)

(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 or 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; (sec. 1, Act of October 16, 1918, as amended by sec. 22, Subversive

Activities Control Act of 1950.) persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all forms of law,

who advocate the assassination of 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

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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

destruction of property; (Act of 1917, sec. 3.)

(G) Aliens who write or publish, (G) Aliens who write or publish, or cause to be written or published, or cause to be written or published, or who knowingly circulate, distrib- or who knowingly circulate, distribute, print, or display, or knowingly ute, print, or display, or knowingly cause to be circulated, distributed, cause to be circulated, distributed, printed, published, or displayed, or printed, published, or displayed, or who knowingly have in their posses- who knowingly have in their possession for the purpose of circulation, sion for the purpose of circulation, publication, distribution, or display, publication, or display, any written or any written or printed matter, ad- printed matter, advocating or teachvocating or teaching opposition to ing opposition to all organized govern. all organized government, or advo- ment, or advocating (i) the overthrow cating or teaching (i) the overthrow by force or violence or other unconstiby force, violence, or other unconsti- tutional means of the Governient of tutional means of the Government of the United States or of all forms of the United States or of all forms of law; or (ii) the duty, necessity, or law; or (ii) the duty, necessity, or propriety of the unlawful assaulting propriety of the unlawful assaulting or killing of any officer or officers (eior killing of any officer or officers ther of specific individuals or of offi(either of specific individuals or of cers generally) of the Government officers generally) of the Govern- of the United States or of any other ment of the United States or of any organized government; or (iii) the other organized government, because unlawful damage, injury, or destrucof his or their official character; or tion of property; or (iv) sabotage; (iii) the unlawful damage, injury, or or (v) the economic, international, destruction of property; or (iv) sab- and governmental doctrines of world otage; or (v) the economic, interna- communism or the economic and govtional, and governmental doctrines of ernmental doctrines of any other form world communism or the establish- of totalitarianism. (Sec. 1, Act of ment in the United States of a totali- October 16, 1918, as amended by sec. tarian dictatorship;

22 of the Subversive Activities Con

trol Act of 1950.) (H) Aliens who are members of or (H) Aliens who are members of or affiliated with any organization that affiliated with any organization that writes, circulates, distributes, prints, writes, circulates, distributes, prints, publishes, or displays, or causes to be publishes, or displays, or causes to be written, circulated, distributed, written, circulated, distributed, printprinted, published, or displayed, or ed, published, or displayed, or that that has in its possession for the pur- has in its possession for the purpose pose of circulation, distribution, pub- of circulation, distribution, publicalication, issue, or display, any written tion, issue, or display, any written or or printed matter of the character printed matter of the character dedescribed in paragraph (G);

scribed in subparagraph (G). (Sec. 1, Act of October 16, 1918, as amended by sec. 22, Subversive Activities Con

trol Act of 1950.) (1) Any alien who is within any of That the Attorney General is hereby the classes described in subpara- authorized and directed to provide by graphs (B), (C), (D), (E), (F), regulations that the terms "members (G), and (H) of this paragraph be- of" and "affiliated with” where used cause of membership in or affiliation in the Act of October 16, 1918, as with a party or organization or a amended, shall include only membership section, subsidiary, branch, affiliate, or affiliation which is or was voluntary, or subdivision thereof, may, if not and shall not include membership or otherwise ineligible, be issued a visa affiliation which is or was solely (a) if such alien establishes to the satis- when under sixteen years of age, (b) by faction of the consular officer when operation of law, or (c) for purposes applying for a visa and the consular of obtaining employment, food rations.

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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

officer finds that (i) such member- or other essentials of living, and where ship or affiliation is or was involun- necessary for such purposes. tary, or is or was solely when under SEC. 2. The Attorney General is ausixteen years of age, by operation of thorized in his discretion to record the law, or for purposes of obtaining em- entry of any alien to have been for ployment, food rations, or other es- permanent residence in any case where sentials of living and where neces- the alien heretofore, when applying for sary for such purposes, or (ii) (a) admission for permanent residence, was since the termination of such mem- temporarily admitted pursuant to the bership or affiliation, such alien is ninth proviso of section 3 of the Immiand has been, for at least five years gration Act of February 5, 1917, as prior to the date of the application for amended, and whose inadmissibility a visa, actively opposed to the doc- for permanent residence was determined trine, program, principles, and ide- to be solely by reason of membership ology of such party or organization or affiliation (other than membership or the section, subsidiary, branch, or or affiliation related to communism) affiliate or subdivision thereof, and under subsection 2 of section 1 of the (b) the admission of such alien into Act of October 16, 1918, as amended. the United States would be in the (Public Law 14, 82d Cong., 1st sess.) public interest. Any such alien to whom a visa has been issued under the provisions of this subparagraph may, if not otherwise inadmissible, be admitted into the United States if he shall establish to the satisfaction of the Attorney General when applying for admission to the United States and the Attorney General finds that (i) such membership or affiliation is or was involuntary, or is or was solely when under sixteen years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and when necessary for such purposes, or (ii) (a) since the termination of such membership or affiliation, such alien is and has been, for at least five years prior to the date of the application for admission, actively opposed to the doctrine, program, principles, and ideology of such party or organization or the section, subsidiary, branch, or affiliate or subdivision thereof, and (b) the admission of such alien into the United States would be in the public interest. The Attorney General shall promptly make a detailed report to the Congress in the case of each alien who is or shall be admitted into the United States under (ii) of this subparagraph;

(29) Aliens with respect to whom the (3) Aliens with respect to whom consular officer or the Attorney General there is reason to believe that such knows or has reasonable ground to be aliens would, after entry, be likely to lieve probably would, after entry, (A) (A) engage in activities which would engage in activities which would be pro- be prohibited by the laws of the United hibited by the laws of the United States States relating to espionage, sabotage, relating to espionage, sabotage, public public disorder, or in other activity subdisorder, or in other activity subversive versive to the national security; (B) to the national security, (B) engage in engage in any activity a purpose of any activity a purpose of which is the which is the opposition to, or the conopposition to, or the control or other- trol or overthrow of, the Government

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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

or

throw of, the Government of the United of the United States by force, violence, States, by force, violence, or other un- or other unconstitutional means; or constitutional means, or (C) join, affili- (C) organize, join, affiliate with, ate with, or participate in the activities participate in the activities of any orof any organization which is registered ganization which is registered or reor required to be registered under sec- quired to be registered under section 7 tion 7 of the Subversive Activities Con- of the Subversive Activities Control Act trol Act of 1950;

of 1950. (Sec. 1, Act of October 16, (30) Any alien, accompanying an- 1918, as amended by sec. 22, Subversive other alien ordered to be excluded and Activities Control Act of 1950.) deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to section 237 (e), whose protection or guardianship is required by the alien ordered excluded and deported.

(31) Any alien who at any time shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.

persons hereinafter called contract la-
borers, 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 conse-
quence of agreements, oral, written or
printed, express or implied, to perform
labor in this country of any kind, skilled
or unskilled; (Act of 1917, sec. 3).
Provided further, (4) That skilled la-
bor, if otherwise admissible, may be
imported if labor of like kind unem-
ployed can not be found in this country,
and the question of the necessity of im-
porting such skilled labor in any par-
ticular instance may be determined by
the Attorney General upon the applica-
tion of any person interested, such ap-
plication to be made before such impor-
tation, and such determination by the
Attorney General to be reached after a
full hearing and an investigation into
the facts of the case: (Act of 1917,
fourth proviso to sec. 3) Provided fur-
ther, (5) That the provisions of this
law applicable to contract labor shall
not be held to exclude professional ac-
tors, artists, lecturers, singers, nurses,
ministers of any religious denomina-
tion, professors for colleges or seminar-
ies, persons belonging to any recognized
learned profession, or persons employed
as domestic servants: (Act of 1917, fifth
proviso to sec. 3).
Provided further, (8) That nothing in
the contract-labor or reading-test pro-
visions 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 au-

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