U.S. History 2

SIXTY-SEVENTH CONGRESS . SEss. I . CH. 8. 1921 .

5

CHAP. 8.-An Act To limit the immigration of aliens into the United States

May 19, 1921 [H R. 4075 ]

Be it enacted by the Senate and House of Representatives of the United [Public, No. 5 ]

States of America in Congress assembled, That as used in this Act-

Immi gration of The term "United States" means the United States, and any aliens. stairs "

waters, territory, or other place subject to the jurisdiction thereof ex- construed Zone and in-

Warcept the Canal Zone and the Philippine Islands ; but if any alien leaves srestriction the Canal Zone or any insular possession of the United States and at- tempts to enter any other place under the jurisdiction of the United States nothing contained in this Act shall be construed as permitting him to enter under any other conditions than those applicable to all aliens .

The word "alien" includes any person not a native-born or natural- "Alien^donned . ized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed nor citizens of the islands under the jurisdiction of the United States .

The term "Immigration Act" means the Act of February 5, 1917, " Immigration Act entitled "An Act to regulate the immigration of aliens to, and the vol 39, pp s74-s9a.

residence of aliens in, the United States" ; and the term "immigra- "Immigrationlav,s" tion laws" includes such Act and all laws, conventions, and treaties mumsComprehensive

of the United States relating to the immigration, exclusion, or ex- pulsion of aliens .

SEC. 2 . (a) That the number of aliens of any nationality who may

°ly admissions y

y

y hnutedYea to 3 per cent of be admitted under the immigration laws to the United States in any residents of same na- fiscal year shall be limited to 3 per centum of the number of foreign- tionahty born persons of such nationality resident in the United States as do- r ersons excepted termined by the United States census of 1910 . This provision shall from percentage not not apply to the following, and they shall not be counted in reckoning its . any of~the percentage limits provided in this Act : (1) Government officials, their families, attendants, servants, and employees ; (2) aliens in continuous transit through the United States ; (3) aliens lawfully admitted to the United States who later go in transit from one part of the United States to another through foreign contiguous territory ; (4) aliens visiting the United States as tourists or temporarily for business or pleasure ; (5) aliens from countries immigration from which is regulated in accordance with treaties or agreements relating solely to immigration ; (6) aliens from the so-called Asiatic barred vol 39,p 876. zone, as described in section 3 of the Immigration Act ; (7) aliens who n Residents,ofcontig- have resided conjinuously for at least one yyear immediately preceding Post, p 54 the time of their admission to the United States in the Dominion of Canada, Newfoundland, the Republic of Cuba, the Republic of Mexico, countries of Central or South America, or adjacent islands ; Minor children ofor (8) aliens under the age of eighteen who are children of citizens of residents the United States .

(b) For the purposes of this Act nationality shall be determined determine Countr of birth

by country of birth, treating as separate countries the colonies or dependencies for which separate enumeration was made in the United States census of 1910 .

(c) The Secretary of State, the Secretary of Commerce, and the naatemoss o ofarresi- Secretary of Labor, jointly, shall, as soon as feasible after the enact- dentern1910,tobepre, ment of this Act, prepare a statement showing the number of persons pared

of the various nationalities resident in the United States as deter- mined by the United Statescensus of 1910, which statement shall be the population basis for the purposes of this Act. In case of changes createdacountries" or in political boundaries in foreign countries occurring subsequent to transferred terrrto- 1910 and resulting (1) in the creation of new countries, the Govern- me, ments of which are recognized by the United States, or (2) in the transfer of territory from one country to another, such transfer being recognized by the United States, such officials, jointly, shall estimate the n her of persons resident in the United States in 1910 who were

6

SIXTY-SEVENTH CONGRESS. Srss. L CH. 8. 1921 .

born within the area included in such new countries or in such terri- tory so transferred, and revise the population basis as to each country

Place of birth to be involved in such change of political boundary . For the purpose ofcwnsrderedtherefrom such revision and for the purposes of this Act generally aliens horn in the area included in any such new country shall be considered as having been born in such country, and aliens born in any territory so transferred shall be considered as having been born in the country to which such territory was transferred .

Exclusion of others_ (d) When the maximum number of aliens of any nationality who ti after unalityxadmittted °A may be admitted in any fiscal year under this Act shall have been

admitted all other aliens of such nationality, except as otherwise Provisos provided in this Act, who may apply for admission ring the same Monthlymissi urmtatmn fiscal year shall be excluded : Provided, That the number of aliens

of any nationality who may be admitted in any month shall not exceed 20 per centum of the total number of aliens of such nationality

wrthstandmRtandmR clearer excepted

who are admissible in that fiscal year : Provided further, That aliensmax~- main of nationality returning from a temporary visit abroad, aliens who are professional have been admitted actors, artists, lecturers, singers, nurses, ministers of any religious

denomination, professors for colleges or seminaries, aliens belonging to any recognized learned profession, or aliens employed as domestic servants, may, if otherwise admissible, be admitted notwithstanding the maximum number of aliens of the same nationality admissible in the same month or fiscal year, as the case may be, shall have entered

analogs luniii°d ` aper- pe` the United States ; but aliens of the classes included in this proviso

who enter the United States before such maximum number shall have entered shall (unless excluded by subdivision (a) from being counted)

Preference to is=- be counted in reckoning the percentage limits provided in this Act :

hes,ete,ofcrtvans Provided further, That in the enforcement of this Act preference shall ofapplicants i°`°'t- childen under eighteeneateen

possible years ofthe age,

parents, b

1) tofecitizens of

Persons

izenshrp

gh

ge, an the United States, (2) of aliens now in the United States who have

eligiblebe by war aervlae to be nit- applied for citizenship in the manner provided by law, or (3) of u alo,ed41, p 222 persons eligible to United States citizenship who served in the mili-

tary or naval forces of the United States at any time between April 6, 1917, and November 11, 1918, both dates inclusive, and have been separated from such forces under honorable conditions.

prRule es°ileat°' to be SEC . 3 . That the Commissioner General of Immigration, with the

approval of the Secretary of Labor, shall, as soon as feasible after the enactment of this Act, and from time to time thereafter, prescribe rules and regulations necessary to carry the provisions of this Act

statement of num- into effect. 'He shall, as soon as feasible after the enactment of thisbar of admrssibles to

r be published

Act, publish a statement showing the number of aliens of the various nationalities who may be admitted to the United States between the

For ensuing year date this Act becomes effective and the end of the current fiscal year, and on June 30 thereafter he shall publish a statement showing the number of aliens of the various nationalities who may be admitted

Monthly statements during the ensuing fiscal year . He shall also publish monthly state-of admission, etc menu during the time this Act remains in force showing the number of aliens of each nationality already admitted during the then current fiscal year and the number who may be admitted under the provisions

weekly statem ents of this Act during the remainder of such year, but when 75 per centum when 75 per cent of maximum have been of the maximum number of any nationality admissible during the admitted.

fiscal year shall have been admitted such statements shall be issued Dissemination of weekly thereafter . All statements shall be made available for general

statements

publication and shall be mailed to all transportation companies brino- ing aliens to the United States who shall request the same and shall file with the Department of Labor the address to which such state-

Transmittal to ments shall be sent. The Secretary of Labor shall also submit such AmericanAe

statements to the Secretary of State, who shall transmit the informs-

SIXTY-SEVENTH CONGRESS. SEss. I. CBs. 8-10. 1921 .

7

tion contained therein to the proper diplomatic and consular officials of the United States, which o icials shall make the same available to persons intending to emigrate to the United States and to others who may apply .

ddt-Sec . 4. That the provisions of this Act are in addition to and not bona( Provisions a

to immigration in substitution for the provisions of the immigration laws .

law , ectwa antisSec . 5 . That this Act shall take effect and be enforced 15 days after

a0in9force until June

its enactment (except sections 1 and 3 and subdivisions (b) and (c) of section 2, which shall take effect immediately upon the enactment Admission altu,.ed

of this Act), and shall continue in force until June 30, 1922, and the topar, tee 5N,1065. number of aliens of any nationality who may be admitted during the remaining period of the current fiscal year, from the date when this Act becomes effective to June 30, shall be limited in proportion to the number admissible during the fiscal year 1922 .

Approved, May 19, 1921 .

CHAP. 9 .-An Act For the relief of certain ex-service men whose rights to make May[ 2 .9412i .

entries on the North Platte irrigation project, Nebraska-Wyoming, were defeated by [Public, No a j intervening claims.

Be it enacted by the Senate and House of Representatives of the United North Platte i gaStates of America in Congress assembled, That the ex-service men tloyn Project, Nebr,

qualified to make entry under the homestead laws, who were success- wEzdervjtomen,pre- ful at the drawing held March 5, 1920, for farm units on the North vented by intervening

Platte irrigation

Fort Laramie unit Nebraska-Wyoming, claims, tohevepreter- ,

enee homestead entry and to whom

approject, rovd ater-rental applications were duly issued, rlgbtsatnext opening

but who were prevented from making homestead entries for the lands ten der.

covered by such applications because of the reinstatement of certain conflicting homestead entries, shall each have a preferred right of entry under the homestead laws at the next opening of lands under said project, for not less than thirty days before the date set for the Prev oopening of such lands to other entry : Provided, That this Act shall condition

not be considered as entitling any person to make another homestead entry who shall have received the benefits of the homestead laws since being prevented, as aforesaid, from exercising the right acquired at the said drawing on March 5, 1920.

Approved, May 20, 1921 .

Ma 25, 1021 . CHAP. 10.-An Act Granting the consent of Con ess to the Washington and Old [5 1479!

Dominion Railway, a corporation, to construct a bridge across the Potomac River .

!Public, No 71

Be it enacted by the Senate and House of Representatives of the United Potomac River . States America in Congress assembled, That the consent of Congress WasinngtonandOld

is here y granted to the Washington and Old Dominion Railway, a Dominion a

e, Railway

corporation organized under the laws of the State of Virginia, and Rocks,Mds

its successors and assigns, to construct, maintain and operate a bridge and approaches thereto across the Potomac rI.iver at a point suitable to the interests of navigation, at or near Point of Rocks, in the county of Frederick, in the State of Maryland, in accordance construction .with the provisions of the Act entitled "An Act to regulate the con- Vol. 34,p w .

struction of bridges over navigable waters," approved March 23, 1906 . SEc. 2. That the right to alter, amend, or repeal this Act is hereby Amendment

expressly reserved. Approved, May 25, 1921 .