NATIONAL ORIGINS PROVISION OF IMMIGRATION LAW

THURSDAY, MARCH 15, 1928

UNITED STATES SENATE,

COMMITTEE ON IMMIGRATION,

Washington, D. C.

The committee met, pursuant to call, at 2 o'clock p. m., in the committee room, Capitol, Senator Henry W. Keyes presiding.

Present: Senators Keyes (presiding), Willis, Reed, Copeland, Blease, and Stephens.

(The committee thereupon proceeded to the consideration of the following joint resolutions and bills:)

[S. J. Res. 4, Seventieth Congress, first session]

JOINT RESOLUTION To amend the immigration act of 1924 by the repeal of the national origin provision

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the immigration act of 1924 be amended by the repeal of the following language, constituting subdivisions (b), (c), (d), and (e) thereof.

(b) The annual quota of any nationality for the fiscal year beginning July 1, 1928, and for each fiscal year thereafter, shall be a number which bears the same ratio to one hundred and fifty thousand as the number of inhabitants in continental United 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 one hundred.

"(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 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.

"(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 subdivisions (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.

"(e) The determination provided for in subdivision (c) of this section shall be made by the Secretary of State, the Secretary of Commerce, and the Secretary of Labor, jointly. In making such determination such officials may call for information and expert assistance from the Bureau of the Census. Such officials shall, jointly, report to the President the quota of each nationality, determined as provided in subdivision (b), and the President shall proclaim and make known the quotas so reported. Such proclamation shall be made on or before April 1, 1928. If the proclamation is not made on or before such date, quotas proclaimed therein shall not be in effect for any fiscal year beginning before the expiration of ninety days after the date of the proclamation. After the making of a

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proclamation under this subdivision the quotas proclaimed therein shall continue with the same effect as if specifically stated herein, and shall be final and conclusive for every purpose except (1) in so far as it is made to appear to the satisfaction of such officials and proclaimed by the President that an error of fact has occurred in such determination or in such proclamation, or (2) in the case provided for in 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.

[S. J. Res. 113, Seventieth Congress, first session]

JOINT RESOLUTION To amend subdivisions (b) and (e) of section 11 of the immigration act of 1924, as amended

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivisions (b) and (e) of section 11 of the immigration act of 1924, as amended, are amended by striking out the figures "1928" and inserting in lieu thereof the figures "1929."

[S. 1481, Seventieth Congress, first session]

A BILL To amend sections 11 and 12 of an act to limit the immigration of aliens into the United States, and for other purposes, approved May 26, 1924

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of an act to limit the immigration of aliens into the United States, and for other purposes, approved May 26, 1924, be amended so as to read as follows:

"SEC. 11. (a) The annual quota of any nationality shall be 2 per centum of the number of foreign-born individuals of such nationality resident in continental United States as determined by the United States census of 1890, but the minimum quota of any nationality shall be one hundred.

"(b) There shall be issued to quota immigrants of any nationality (1) no more immigration visas in any fiscal year than the quota for such nationality, and (2) in any calendar month of any fiscal year no more immigration visas than 10 centum of the quota for such nationality, except that if such quota is less than three hundred, the number to be issued in any calendar month shall be prescribed by the Commissioner General, with the approval of the Secretary of Labor, but the total number to be issued during the fiscal year shall not be in excess of the quota for such nationality.

"(c) Nothing in this act shall prevent the issuance (without increasing the total number of immigration visas which may be issued) of an immigration visa to an immigrant as a quota immigrant even though he is a nonquota immigrant.” SEC. 2. That section 12 of said act be amended so as to read as follows: SEC. 12. (a) For the purposes of this act nationality shall be determined by country of birth, treating as separate countries the colonies, dependencies, or self-governing dominions, for which separate enumeration was made in the United States census of 1890; except that (1) the nationality of a child under twenty-one years of age not born in the United States, accompanied by its alien parent not born in the United States, shall be determined by the country of birth of such parent if such parent is entitled to an immigration visa, and the nationality of a child under twenty-one years of age not born in the United States, accompanied by both alien parents not born in the United States, shall be determined by the country of birth of the father if the father is entitled to an immigration visa; and (2) if a wife is of a different nationality from her alien husband and the entire number of immigration visas which may be issued to quota immigrants of her nationality for the calendar month has already been issued, her nationality may be determined by the country of birth of her husband, if she is accompanying him and he is entitled to an immigration visa, unless the total number of immigration visas which may be issued to quota immigrants of the nationality of the husband for the calendar month has already been issued. An immigrant born in the United States who has lost his United States citizenship 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 country from which he comes.