APPENDIX H.

THE UNITED STATES IMMIGRATION LAW.

[Act of February 20, 1907 (34 Stat., pt. 1, p. 898).]

AN ACT To regulate the immigration of aliens into the United
States.

Head tax:

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paid;

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be levied, collected, and paid a tax of four dollars for every alien entering the United States. The said tax shall be paid to the collector of customs of the port or customs district to which said alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, paid. owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States. The money thus collected, together with all fines and rentals col- fines, and rentlected under the laws regulating the immigration of aliens into als, to constithe United States, shall be paid into the Treasury of the United tute— States, and shall constitute a permanent appropriation to be called the "immigrant fund," to be used under the direction of Immigrant the Secretary of Commerce and Labor to defray the expense of For what regulating the immigration of aliens into the United States used. under said laws, including the contract labor laws, the cost of reports of decisions of the Federal courts, and digest thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all officers, clerks, and employees appointed to enforce said laws. The tax imposed by this section shall be a lien upon the vessel or other vehicle of carriage or transportation bringing such aliens to the United States, and shall upon vessel; be a debt in favor of the United States against the owner or owners of such vessel or other vehicle, and the payment of such ment enforced; tax may be enforced by any legal or equitable remedy. That the empted from said tax shall not be levied upon aliens who shall enter the payment of; United States after an uninterrupted residence of at least one year, immediately preceding such entrance, in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico, nor upon otherwise admissible residents of any possession of the United States, nor upon aliens in transit through the United States, nor upon aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory: Provided, That the Commissioner-General of Immigration, Head tax: under the direction or with the approval of the Secretary of Payment on Commerce and Labor, by agreement with transportation lines, as account aliens from contiguprovided in section thirty-two of this Act, may arrange in some ous territory; other manner for the payment of the tax imposed by this section upon any or all aliens seeking admission from foreign contiguous territory: Provided further, That if in any fiscal year the amount No more than of money collected under the provisions of this section shall ex- $2,500,000 ceed two million five hundred thousand dollars, the excess above go into immigrant fund. that amount shall not be added to the "immigrant fund: Provided further, That the provisions of this section shall not apply Exceptions to aliens arriving in Guam, Porto Rico, or Hawaii; but if any Rico, and HaGuam, Porto such alien, not having become a citizen of the United States, wail. shall later arrive at any port or place of the United States on the North American Continent the provisions of this section shall

to

Passports.

classes:

apply: Provided further, That whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come If limited to the continental territory of the United States to the detriment and used to la- of labor conditions therein, the President may refuse to permit such detriment bor conditions, citizens of the country issuing such passports to enter the conholders to be tinental territory of the United States from such other country rejected. or from such insular possessions or from the Canal Zone. Excluded SEC. 2. That the following classes of aliens shall be excluded from admission into the United States: All idiots, imbeciles, feebleIdiots, insane, minded persons, epileptics, insane persons, and persons who have etc.; been insane within five years previous; persons who have had two Paupers, per- or more attacks of insanity at any time previously; paupers; persons likely to sons likely to become a public charge; professional beggars; perbecome a pub- sons afflicted with tuberculosis or with a loathsome or dangerous lic charge; Diseased; contageous disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by Mentally or the examining surgeon as being mentally or physically defective, physically defective; such mental or physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been Criminals; convicted of or admit having committed a felony or other crime or Polygamists; misdemeanor involving moral turpitude; polygamists, or persons Anarchists; who admit their belief in the practice of polygamy; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all government, or of all forms of law, or the assassination of public officials; Prostitutes, prostitutes, or women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose; Excluded persons who procure or attempt to bring in prostitutes or women classes: or girls for the purpose of prostitution or for any other immoral Contract la- purpose; persons hereinafter called contract laborers who have borers;

etc.

aliens;

der 16.

been induced or solicited to migrate to this country by offers or promises of employment or in consequence of agreements, oral, written, or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solicited to Assisted migrate as above described; any person whose ticket or passage is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes, and that said ticket or passage was not paid for by any corporation, association, society, municipality, or foreign governChildren un- ment, either directly or indirectly; all children under sixteen years of age, unaccompanied by one or both of their parents, at the discretion of the Secretary of Commerce and Labor or under such Exceptions- regulations as he may from time to time prescribe: Provided, That nothing in this Act shall exclude, if otherwise admissible, Offenses po- persons convicted of an offense purely political, not involving litical; moral turpitude: Provided further, That the provisions of this Transits; section relating to the payments for tickets or passage by any corporation, association, society, municipality, or foreign govern. ment shall not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory: And provided further, That skilled labor Skilled labor; may be imported if labor of of like kind unemployed can not be found in this country: And provided further, That the provisions of this law applicable to contract labor shall not be held to exclude proActors, art- fessional actors, artists, lecturers, singers, ministers of any reliists, etc. gious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed strictly as personal or domestic servants.

Prostitutes:

SEC. 3. That the importation into the United States of any alien woman or girl for the purpose of prostitution, or for any other Importation immoral purpose, is hereby forbidden; and whoever shall, di- or holding perectly or indirectly, import, or attempt to import, into the United nalized; States, any alien woman or girl for the purpose of prostitution, or for any other immoral purpose, or whoever shall hold or attempt to hold any alien woman or girl for any such purpose in pursuance of such illegal importation, or whoever shall keep, maintain, control, support, or harbor in any house or other place, for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl, within three years after she shall have entered the United States, shall, in every such case, be deemed guilty of a felony, and on conviction thereof be imprisoned not more than five years and pay a fine of not more than five thousand dollars; and any alien woman or girl who shall be found an inmate of a house of prostitution or practicing prostitution, at any time within three years after she shall have entered the United States, shall be deemed to be unlawfully within the United States and shall be deported as provided by sections twenty and twenty-one of this Act.

Deportation of

within three years.

Contract la

borers:

SEC. 4. That it shall be a misdemeanor for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation or in any way to assist or encourage the Importation importation or migration of any contract laborer or contract la- of, forbidden; borers into the United States, unless such contract laborer or contract laborers are exempted under the terms of the last two provisos contained in section two of this Act.

Penalty importing;

for

SEC. 5. That for every violation of any of the provisions of section four of this Act the person, partnership, company, or corporation violating the same, by knowingly assisting, encouraging, or soliciting the migration or importation of any contract laborer into the United States shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and recovered by the United States, or by any person who shall first bring his action therefor in his own name and for his own benefit, including any such alien thus promised labor or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and separate suits may be brought for each alien thus promised labor or service of any kind U. S. attoras aforesaid. And it shall be the duty of the district attorney of neys to prosethe proper district to prosecute every such suit when brought by cute suits; the United States.

Advertising for forbidden;

SEC. 6. That it shall be unlawful and be deemed a violation of section four of this Act to assist or encourage the importation or migration of any alien by promise of employment through advertisements printed and published in any foreign country; and any alien coming to this country in consequence of such an advertisement shall be treated as coming under promise or agreement as contemplated in section two of this Act, and the penalties imposed by section five of this Act shall be applicable to such a case: Provided, That this section shall not apply to States or Territories, Exception, in the District of Columbia, or places subject to the jurisdiction of the United States advertising the inducements they offer for immi- ries. gration thereto, respectively.

favor States and Territo

Soliciting:

compa

SEC. 7. That no transportation company or owner or owners of vessels, or others engaged in transporting aliens into the United Forbidden on States, shall, directly or indirectly, either by writing, printing, or part transpororal representation, solicit, invite, or encourage the immigration tation of any aliens into the United States, but this shall not be held to nies; prevent transportation companies from issuing letters, circulars, or advertisements, stating the sailings of their vessels and terms and facilities of transportation therein; and for a violation of this provision, any such transportation company, and any such owner or owners of vessels, and all others engaged in transporting aliens into the United States, and the agents by them employed, shall be severally subjected to the penalties imposed by section five of this Act.

Penalty for.

landing:

Fine $100: For bringing diseased

aliens.

Unlawful SEC. 8. That any person, including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter the United States shall be deemed guilty of a misdemeanor, and shall, on Penalty for.conviction, be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment for each and every alien so landed or brought in or attempted to be landed or brought in. SEC. 9. That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States any alien subject to any of the following disabilities: Idiots, imbeciles, epileptics, or persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation and that the existence of such disease or disability might have been detected by means of a competent medical examiMethod of nation at such time, such person or transportation company, or collecting. the master, agent, owner, or consignee of any such vessel shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of one hundred dollars for each and every violation of the provisions of this section; and no vessel shall be granted clearance papers pending the determination of the question of the liability to the payment of such fine, and in the event such fine is imposed, while it remains unpaid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such questions upon the deposit of a sum sufficient to cover such fine and costs, such sum to be named by the Secretary of Commerce and Labor.

Appeals:

Not allowed

SEC. 10. That the decision of the board of special inquiry, hereinafter provided for, based upon the certificate of the exaliens afflicted amining medical officer, shall be final as to the rejection of aliens with tuberculo- affected with tuberculosis or with a loathsome or dangerous consis or danger- tagious disease, or with any mental or physical disability which ous contagious diseases. would bring such aliens within any of the classes excluded from admission to the United States under section two of this Act. Guardian en SEC. 11. That upon the certificate of a medical officer of the United States Public Health and Marine Hospital Service to the Transporta- effect that a rejected alien is helpless from sickness, mental or tion companies physical disability, or infancy, if such alien is accompanied by to bear expense another alien whose protection or guardianship is required by

voyage:

of.

Manifests:

passengers

such rejected alien, such accompanying alien may also be excluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens.

SEC. 12. That upon the arrival of any alien by water at any port within the United States, it shall be the duty of the master Incoming or commanding officer of the steamer, sailing or other vessel having said alien on board to deliver to the immigration officers at the port of arrival lists or manifests made at the time and place of embarkation of such alien on board such steamer or vessel, which shall, in answer to questions at the top of said list, state as to each What to con- alien the full name, age, and sex; whether married or single; the tain; calling or occupation; whether able to read or write; the nationality; the race; the last residence; the name and address of the nearest relative in the country from which the alien came; the seaport for landing in the United States; the final destination, if any, beyond the port of landing; whether having a ticket through