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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

Alaska, Guam, Puerto Rico, or the waters, Territory, or other place subVirgin Islands of the United States, and ject to the jurisdiction thereof, except who seeks to enter the continental the Isthmian Canal Zone; but if any United States or any other place under alien shall leave the Canal Zone or any the jurisdiction of the United States: insular possession of the United States Provided, That persons who were ad. and attempt to enter any other place mitted to Hawaii under the last sen- under the jurisdiction of the United tence of section 8 (a) (1) of the Act States, nothing contained in this Act of March 24, 1934, as amended (48 shall be construed as permitting him Stat. 456), and aliens who were ad- to enter under any other conditions than mitted to Hawaii as nationals of the those applicable to all aliens. (Act of United States shall not be excepted by 1917, sec. 1.) this paragraph from the application of (2) Citizens of the Philippine Islands paragraphs (20) and (21) of subsec- who are not citizens of the United tion (a) of this section, unless they be- States shall not be admitted to the long to a class declared to be nonquota continental United States from the immigrants under the provisions of sec- Territory of Hawaii (whether entertion 101 (a) (27) of this Act, other ing such Territory before or after the than subparagraph (C) thereof, or effective date of this section) unless unless they were admitted to Hawaii they belong to a class declared to be with an immigration visa. The At- nonimmigrants by section 3 of the Imtorney General shall by regulations pro- migration Act of 1924 or to a class vide a method and procedure for the declared to be nonquota immigrants temporary admission to the United under the provisions of section 4 of States of the aliens described in this such Act other than subdivision (c) proviso. Any alien described in this thereof, or unless they were admitted to paragraph, who is excluded from ad- such Territory under an immigration mission to the United States, shall be visa. The Attorney General shall by immediately deported in the manner regulations provide a method for such provided by section 237 (a) of this Act. exclusion and for the admission of such

(8) Upon a basis of reciprocity ac- excepted classes. (Act of March 24, credited officials of foreign govern. 1934, sec. 8 (a) (2); 48 Stat. 456.) ments, their immediate families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (26), (27), and (29) of subsection (a) of this section.

(e) Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

ADMISSION OF ALIENS ON GIVING BOND OR

CASH DEPOSIT

ADMISSION OF ALIENS LIABLE TO BE EX

CLUDED ON GIVING BOND OR CASE DE-
POSIT: SUIT IN EVENT ALIEN BECOMES
PUBLIC CHARGE

SEC. 213. Any alien excludable be- Sec. 21. That any alien liable to be cause he is likely to become a public excluded because likely to become a charge or because of physical disability public charge or because of physical other than tuberculosis in any form, disability other than tuberculosis in any leprosy, or a dangerous contagious di- form or a loathsome or dangerous con

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

sease may, if otherwise admissible, be tagious disease may, if otherwise adadmitted in the discretion of the Attor- missible, nevertheless be admitted in ney General upon the giving of a suit- the discretion of the Atorney General able and proper bond or undertaking upon the giving of a suitable and proper approved by the Attorney General, in bond or undertaking, approved by said such amount and containing such condi- Attorney General, in such amount and tions as he may prescribe, to the United containing such conditions as he may States and to all States, Territories, prescribe, to the United States and to counties, towns, municipalities, and dis- all States, Territories, counties, towns, tricts thereof holding the United States municipalities, and districts thereof, and all States, Territories, counties, holding the United States and all States, towns, municipalities, and districts Territories, counties, towns, municipalthereof harmless against such alien be- ities, and districts thereof harmless coming a public charge. In lieu of against such alien becoming a public such bond such alien may deposit in charge. In lieu of such bond, such cash with the Attorney General such alien may deposit in cash with the Atamount as the Attorney General may torney General such amount as the require, which amount shall be depos- Attorney General may require, which ited by him in the United States Postal amount shall be deposited by said AtSavings System, a receipt therefor to be torney General in the United States given the person furnishing such sums Postal Savings Bank, a receipt therefor showing the fact and object of its re- to be given the person furnishing said ceipt and such other information as the sum, showing the fact and object of its Attorney General may deem advisable. receipt and such other information as All accruing interest on such deposit said Attorney General may deem adduring the time it shall be held in the visable. All accruing interest on said United States Postal Savings System deposit during the time same shall be shall be paid to the person furnishing be held in the United States Postal Savsuch sum.

In the event such alien ings Bank shall be paid to the person becomes a public charge, the Attorney furnishing the sum for deposit. In the General shall dispose of such deposit in event of such alien becoming a public the same manner as if it had been col- charge, the Attorney General shail dislected under a bond as provided in this pose of said deposit in the same manner section. In the event of the permanent as if same had been collected under a departure from the United States, the bond as provided in this section. In the naturalization, or the death of such event of the permanent departure from alien, such sum shall be returned to the United States, the naturalization, the person by whom furnished, or to his or the death of such alien, the said sum legal representatives. The admission shall be returned to the person by whom of such alien shall be a consideration furnished, or to his legal representafor the giving of such bond, undertak- tives. The admission of such alien shall ing, or cash deposit. Suit may be be a consideration for the giving of such brought thereon in the name and by the bond, undertaking, or cash deposit. Suit proper law officers of the United States may be brought thereon in the name for the use of the United States, or of and by the proper law officers either of any State, Territory, district, county, the United States Government or of any town, or municipality in which such State, Territory, District, county, town, alien becomes a public charge.

or municipality in which such alien becomes a public charge. (Act of 1917, sec. 21.)

TEMPORARY DETENTION AND ADMISSION

OR DEPORTATION, IN CASE OF CON-
TAGIOUS DISORDER, OF WIFE OR MINOR
CHILD OF NATURALIZED PERSON OR RESI-
DENT ALIEN; EXPENSE OF TREATMENT

SEC. 22. That whenever an alien shall have been naturalized or shall have taken up his permanent residence in this country, and thereafter shall send for his wife or minor children to join him, and said wife or any of said minor children shall be found to be

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

OLD LAW

affected with any contagious disorder, such wife or minor children shall be held, under such regulations as the Attorney General shall prescribe, until it shall be determined whether the disorder will be easily curable or whether they can be permitted to land without danger to other persons; and they shall not be either admitted or deported until such facts have been ascertained ; and if it shall be determined that the disorder is easily curable and the husband or father or other responsible person is willing to bear the expense of the treatment they. may be accorded treatment in hospital until cured and then be admitted, or if it shall be determined that they can be permitted to land without danger to other persons, they may, if otherwise admissible, thereupon be admitted : Provided, That if the person sending for wife or minor children is naturalized, a wife to whom married or a minor child born subsequent to such husband or father's naturalization shall be admitted without detention for treatment in hospital, and with respect to a wife to whom married or a minor child born prior to such husband or father's naturalization the provisions of this section shall be observed, even though such person is unable to pay the expense of treatment, in which case the expense shall be paid from the appropriation for the enforcement of this Act. (Act of 1917, sec. 22.)

ADMISSION OF NONIMMIGRANTS

SEC. 214. (a) The admission to the Sec. 15. The admission to the United United States of any alien as a non- State of an alien excepted from the immigrant shall be for such time and class of immigrants by clause (1), (2), under such conditions as the Attorney (3), (4), (5), (6), or (7) of section 3, General may by regulations prescribe, or declared to be a nonquota immigrant including when he deems necessary the by subdivision (e) of section 4, shall giving of a bond with sufficient surety be for such time and under such conin such sum and containing such con- ditions as may be by regulations preditions as the Attorney General shall scribed (including when deemed necesprescribe, to insure that at the expira- sary for the classes mentioned in clause tion of such time or upon failure to (2), (3), (4), or (6) of section 3 and maintain the status under which he was subdiviison (e) of section 4, the giving admitted, or to maintain any status sub- of bond with sufficient surety, in such sequently acquired under section 248, sum and containing such conditons as such alien will depart from the United may be by regulations prescribed) to States.

insure that, at the expiration of such (b) Every alien shall be presumed to time or upon failure to maintain the be an immigrant until he establishes status under which admitted, he will to the satisfaction of the consular of- depart from the United States: Proficer, at the time of application for a vided, That no alien who has been, or visa, and the immigration officers, at who may hereafter be, admitted into the time of application for admission, the United States under clause (1) or that he is entitled to a nonimmigrant (7) of section 3 as an official of a forstatus under section 101 (a) (15). An eign government, or as a member of

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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

alien who is an officer or employee of the family of such official, or as a repreany foreign government or of any in- sentative of a foreign government in ternational organization entitled to en- or to an international organization, or joy privileges, exemptions, and immu- an officer or employee of an internanities under the International Organi- tional organization or as a member of zations Immunities Act, or an alien who the family of such representative, is the attendant, servant, employee, or officer, or employee, shall be required member of the immediate family of any to depart from the United States withsuch alien shall not be entitled to apply out the approval of the Secretary of for or receive an immigrant visa, or State. (Act of 1924, sec. 15.) to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 247 (b).

(c) The question of importing any alien as a nonimmigrant under section 101 (a) (15) (H) in any specific case or specific cases shall be determined by the Attorney General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition shall be made and approved before the visa is granted. The petition shall be in such form and contain such imformation as the Attorney General shall prescribe. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant.

TRAVEL CONTROL OF ALIENS AND CITIZENS
IN TIME OF WAR OR NATIONAL EMERGENCY

SEC. 215. (a) When the United States When the United States is at war is at war or during the existence of or during the existence of the national any national emergency proclaimed by emergency proclaimed by the President the President, or, as to aliens, when- on May 27, 1941, or as to aliens whenever there exists a state of war between ever there exists a state of war beor among two or more States, and the tween, or among, two or more States, President shall find that the interests and the President shall find that the of the United States require that re- interests of the United States require strictions and prohibitions in addition that restrictions and prohibitions in adto those provided otherwise than by dition to those provided otherwise than this section be imposed upon the de- by this Act be imposed upon the de parture of persons from and their entry parture of persons from and their entry into the United States, and shall make into the United States, and shall make public proclamation thereof, it shall, public proclamation thereof, it shall, until otherwise ordered by the Presi- until otherwise ordered by the President dent or the Congress, be unlawful- or Congress, be unlawful

(1) for any alien to depart from (a) for any alien to depart from or or enter or attempt to depart from enter or attempt to depart from or or enter the United States except enter the United States excepť under. under such reasonable rules, regula- such reasonable rules, regulations, and tions, and orders, and subject to such orders, and subject to such limitations limitations and exceptions as the and exceptions as the President shall President may prescribe;

prescribe; (2) for any person to transport or (b) for any person to transport or attempt to transport from or into attempt to transport from or into the the United States another person United States another person with with knowledge or reasonable cause knowledge or reasonable cause to beto believe that the departure or entry lieve that the departure or entry of of such other person is forbidden by such other person is forbidden by this this section ;

Act;

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THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(3) for any person knowingly to (c) for any person knowingly to make any false statement in an appli- make any false statement in an applicacation for permission to depart from tion for permission to depart from or or enter the United States with in- enter the United States with intent to tent to induce or secure the granting induce or secure the granting of such of such permission either for himself permission either for himself or for or for another;

another; (4) for any person knowingly to (d) for any person knowingly to furnish or attempt to furnish or as- furnish or attempt to furnish or assist sist in furnishing to another a permit in furnishing to another a permit or or evidence of permission to depart evidence of permission to depart or or enter not issued and designed for enter not issued and designed for such such other person's use;

other person's use; (5) for any person knowingly to (e) for any person knowingly to use use or attempt to use any permit or attempt to use any permit or evior evidence of permission to depart dence of permission to depart or enter or enter not issued and designed for not issued and designed for his use; his use;

(6) for any person to forge, coun- (f) for any person to forge, counterterfeit, mutilate, or alter, or cause feit, mutilate, or alter or cause or proor procure to be forged, counterfeited, cure to be forged, counterfeited, mutimutilated, or altered, any permit or lated, or altered, any permit or evidence evidence of permission to depart from of permission to depart from or enter or enter the United States;

the United States ; (7) for any person knowingly to use (g) for any person knowingly to use or attempt to use or furnish to an- or attempt to use or furnish to another other for use any false, forged, coun- for use any false, forged, counterfeited, terfeited, mutilated, or altered per- mutilated, or altered permit, or evimit, or evidence of permission, or any dence of permission, or any permit or permit or evidence of permission evidence of permission which, though which, though originally valid, has originally valid, has become or been become or been made void or invalid. made void or invalid. (Act of May 22,

1918, as amended ; 22 U. S. C. 223.) (b) After such proclamation as is SEC. 2. That after such proclamation provided for in subsection (a) has been as is provided for by the preceding secmade and published and while such tion has been made and published and proclamation is in force, it shall, except while said proclamation is force, it as otherwise provided by the President, shall, except as otherwise provided by and subject to such limitations and ex- the President, and subject to such limiceptions as the President may authorize tations and exceptions as the President and prescribe, be unlawful for any citi- may authorize and prescribe, be unlawzen of the United States to depart from ful for any citizen of the United States or enter, or attempt to depart from or to depart from or enter or attempt to enter, the United States unless he bears depart from or enter the United States a valid passport.

unless he bears a valid passport. (Act

of May 22, 1918.)
(c) Any person who shall willfully SEC. 3. Any person who shall willfully
violate any of the provisions of this violate any of the provisions of this Act,
section, or of any order or proclamation or of any order or proclamation of the
of the President promulgated, or of any President promulgated, or of any per-
permit, rule, or regulation issued there- mit, rule, or regulation issued there-
under, shall, upon conviction, be fined under, shall, upon conviction, be fined
not more than $5,000, or, if a natural not more than $5,000, or, if a natural
person, imprisoned for not more than person, imprisoned for not more than
five years, or both; and the officer, di- five years, or both; and the officer, di-
rector, or agent of any corporation who rector, or agent of any corporation who
knowingly participates in such violation knowingly participates in such violation
shall be punished by like fine or im- shall be punished by like fine or impri-
prisonment, or both; and any vehicle, sonment, or both; and any vehicle, ves-
vessel, or aircraft together with its ap- sel or aircraft, together with its or her
purtenances, equipment, tackle, apparel, appurtenances, equipment, tackle, ap-
and furniture, concerned in any such parel, and furniture, concerned in any
violation, shall be forfeited to the United such violation, shall be forfeited to the
States.

United States. (Act of May 22, 1918.)
J. 22126-

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