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Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii.
(2) Citizens of the Philippine Islands who are not citizens of the United States shall not be admitted to the continental United States from the Territory of Hawaii (whether entering such Territory before or after the effective date of this section) unless they belong to a class declared to be nonimmigrants by section 3 of the Immigration Act of 1924 or to a class declared to be nonquota immigrants under the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such Territory under an immigration visa. The Secretary of Labor shall by regulations provide a method for such exclusion and for the admission of such excepted classes.
(3) Any Foreign Service officer may be assigned to duty in the Philippine Islands, under a commission as a consular officer, for such period as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country; but his powers and duties shall be confined to the performance of such of the official acts and notarial and other services, which such officer might properly perform in respect of the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of Sta
(4) For the purposes of sections 18 and 20 of the Immigration Act of 1917, as amended, the Philippine Islands shall be considered to be a foreign country.
(b) The provisions of this section are in addition to the provisions of the immigration laws now in force, and shall be enforced as a part of such laws, and all the penal or other provisions of such laws, not inapplicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws other than this section, shall not be admitted to the United States if he is excluded by any provision of this section.
(c) Terms defined in the Immigration Act of 1924 shall, when used in this section, have the meaning assigned to such terms in that Act.
NOTE.—THE ABOVE SECTION BECAME EFFECTIVE UPON PASSAGE OF A CONCURRENT RESOLUTION BY THE PHILIPPINE LEGISLATURE ON MAY 1, 1934.
THE LETTER ABOVE REFERRED TO WHICH WAS RECEIVED FROM THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION FOLLOWS:
U. S. DEPARTMENT OF LABOR
IMMIGRATION AND NATURALIZATION SERVICE
APRIL 6, 1935. Hon. SAMUEL DICKSTEIN, House of Representatives, Washington, D. C.
(In re H. R. 6464) MY DEAR CONGRESSMAN DICKSTEIN: This bill provides for the repatriation of Filipinos from the United States and the District of Columbia to the Philippine Islands. It is substantially the same as House Joint Resolution 71 and H. R. 6097, and is identical with S. 2174. A communication has previously been sent to the chairman of the Senate committee, containing a favorable endorsement of the latter bill.
It is recognized that there are a great number of Filipinos in the United States whose removal to the Philippine Islands would be both to their advantage and to the advantage of the communities in which they now reside. The Filipino cannot be removed unless he makes application for such benefit. He is not to be considered as if deported although the bill specifically provides that he cannot return to the continental United States except as a quota immigrant under the provisions of section 8 (a) (1) of the Philippine Independence Act of March 24, 1934, during the period section 8 (a) (1) is applicable.
Under the Philippine Independence Act a Filipino is to be treated as if he were an alien. Many Filipinos came to continental United States as nationals. If they did not adjust themselves to conditions in the country within 3 years of entry, they could not have applied for removal to their native country as aliens were permitted to do. Now, as the Filipinos are to be treated on the same basis es aliens, it is fair that there should be some provision for their removal to their home country. The provisions of the bill would apply only to applications made by December 1, 1936. Thereafter, in regard to the matter of removal, the Filipino would stand in the same position as an alien.
Legislation of this character is deemed desirable and the bill meets with the approval of the Service. Cordially yours,
D. W. MacCORMACK, Commissioner.
of the act of March 24, 1934, a Filipino who entered since that date would be entitled to apply for removal to the Philippine Islands if he falls into distress within 3 years after his entry in accordance with the provisions of section 23 of the Immigration Act of 1917.
In recent years of economic distress many Filipinos have fallen into need and have become increasingly a burden on the American taxpayers, although among themselves they have done all they possibly could to help themselves so as to keep from calling for outside aid. Nearly all the Filipinos in the United States entered prior to the approval of the act of March 24, 1934, coming in as nationals and as such were not subject to immigration inspection. It is not surprising that many of those who thus came were incapable of being selfsupporting, particularly during the recent years of unfavorable economic conditions, and quite naturally many of them have become either private or public charges in the several communities where they have been living, particularly on the west coast. This bill affords needed relief to these nationals provided they apply for it before September 1, 1936, after which date their status will be considered as though they were aliens.
In compliance with paragraph 2-A of rule XIII of the Rules of the House of Representatives, the provisions of this bill do not amend any existing provision of law but the temporary nature of the benefits conferred by this bill warrants a statement of present provisions of law which are more or less related to the purposes of this bill, as follows:
SECTION 23 OF THE IMMIGRATION ACT OF FEBRUARY 5, 1917, PROVIDES, IN PART, AS FOLLOWS:
That the Commissioner General of Immigration shall perform all his duties under the direction of the Secretary of Labor. Under such direction he shall
* *, and shall have authority to enter into contract for the support and relief of such aliens as may fall into distress or need public aid, and to remove to their native country, at any time within 3 years after entry, at the expense of the appropriations for the enforcement of this act, such
as fall into distress or need public aid from causes arising subsequent to their entry and are desirous of being so removed;
THAT PART OF THE ACT OF MARCH 2, 1907, WHICH APPEARS IN THIRTY-FOURTH STATUTES IN THE LAST PROVISO AT BOTTOM OF PAGE 1170 AND THE TOP OF PAGE 1171 (U. S. C., TITLE 10, SEC. 1371), WHICH IS APPLICABLE, READS, IN PART, AS FOLLOWS:
When in the opinion of the Secretary of War, accommodations are available, transportation may be provided for *, and when accommodations are available, transportation may be provided for general passengers to the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War.
SECTION 8 OF THE ACT APPROVED MARCH 24, 1934, KNOWN AS THE "PHILIPPINE INDEPENDENCE ACT":
Sec. 8. (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17
(1) For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 (except section 13 (c)), this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they we.e aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the
"The list of casualties to shipping and persons involved where such a station could have, without a doubt, been of assistance if one had been established, are many. Eight fishermen were drowned when their boat swamped in the breakers at entrance of Little Machipongo Inlet in 1928 while fishing the traps off the inlet. The fishing pound boat was the property of Ballard Bros. Co. Two other fishermen connected with this same company were lost in the inlet during the August gale of 1933. Many cottages in the vicinity of the inlet were washed away during this same gale. Men and boys lashed themselves to rafts and wreckage and were washed ashore. Officers of the fish companies stated that a number of times each year their fish boats meet with accidents and require assistance which can only be furnished by their own boats when notification is received from an incoming boat that their boat is disabled. They have to travel 24 miles from mainland to inlet. Hog Island Station is located 7 miles south of inlet and Parramore Beach Station about 10 miles north of it. Due to the distance and thick pine forest, the inlet or waters cannot be seen from either station. In cases where boats are assisted there, the crews of stations must travel about 15 miles before reaching the inlet. In January 1933, Hog Island Station's power lifeboat rescued 14 fishermen and their boat in answer to a request for assistance from one of the disabled boat's crew who succeeded in getting ashore. There have been 57 cases of assistance rendered by the Coast Guard and 12 drownings in the inlet. According to information obtained from the concerns operating in tuis section, an average of 175 to 190 boats a year are towed in by fish boats, assistance not being rendered by the Coast Guard stations due to invisibility of inlet waters and poor communication facilities. This section affords excellent fishing and is visited daily by many pleasure and commercial boats. I was told that there are as many as 200 boats fishing there some days, especially week-ends and holidays.
“The waters off the inlet entrance are very treacherous due to the shifting sand bars; vessels and boats must pass over these bars en route to the inlet from offshore. There is, according to the chart, 13 feet of water on bars at mean low water and 24 to 54 feet in the inlet which is about 1 mile wide. Very good water is found inside of inlet averaging about 14 to 50 feet.
“Vessels hail mostly from Chincoteague, Franklin City, Wachapreague, Quinby, Oyster, Magotha, and Chesapeake Bay, Va., and use above-named places to unload their cargoes consisting of fish, clams, oysters, lumber, coal, and farm products. Many yachts and pleasure boats from the North and South, come through the inlet en route to Willis Wharf, Va., for fuel and provisions, also to pleasure fish in the inlet waters. The inside waters of inlet offer a very good harbor and shelter for boats under Sandy Island, Loon Channel, Huggins Narrows, North Channel, Reville's Island and Hog Island.
'Accordingly, it is earnestly recommended that a Coast Guard station be established, located on west side of north end of Hog Island about 400 yards from Little Machipongo Inlet. This site in view of the topographical situation would afford an unobstructed view of the inlet, bay waters, and the Atlantic Ocean bordering that section. Also a station located as noted above could cooperate and assist many times in the work Hog Island and Parramore Beach Stations are called upon to do.
“After reviewing all available information received from business concerns interested, unbiased reliable citizens and from my own personal knowledge, it is my unqualified opinion that there should be a Coast Guard station built on a site as heretofore recommended and I strongly endorse the legislation in question."
The district commander further reports that the value of industries in property investment operating in these waters amounts approximately to $450,000, and that the value of products, fish cargoes, amounts approximately to $885,000. He also states that there are numerous boats owned and operated by private individuals concerning which it is impossible to obtain information as to the value of equipment and products.
You are advised that the proposed legislation would not be in accord with the
HENRY MORGENTHAU, Jr.
Secretary of the Treasury