Senator HARRISON. May I ask you, before you proceed, Mr. Secretary: You have had this idea up with the State Department of consular agents being under the State Department. Is there any conflict there? Secretary DAVIS. The consular officers are here and they can speak for themselves. Of course, you will have some objections from some of these European governments, and that is why I made the statement I did just a moment ago. Senator HARRISON. I am not speaking of the European governments; I am speaking of our own State Department, whether or not they can see any friction that would attach to this procedure. Secretary DAVIS. I do not know of any objections to the issuance of these special immigration certificates. Senator HARRISON. How does the Johnson bill differ from this Watson bill with respect to these special certificates and this selection at the source? Secretary DAVIS. The Johnson bill provides, if I remember correctly, that the certificate is issued after the passport is obtained. Under the Watson bill the certificate is issued first and he gets his passport afterwards. Senator HARRISON. That is the only difference? Secretary DAVIS. I think that is the only difference. Senator REED. The Johnson bill provides for nonquota immigrants. It gives a list of the immigrants who will not be included in the quota, such as students in colleges, universities, etc. Secretary DAVIS. Yes; Mr. Johnson limits his special immigration certificate to the skilled worker. He does not provide for the common laborer to come through. Senator REED. Under the Johnson bill the quota is inflexible? The CHAIRMAN. Under the Johnson bill, as I understand it, there is no power lodged with the Secretary of Labor such as is lodged with him in the issuing of the special certificate. The Johnson bill is nonelastic, while, of course, there are certain nonquota provisions, as Senator Reed mentions. Secretary DAVIS. Let me present this preference section, Mr. Chairman. The CHAIRMAN. Certainly. Secretary DAVIS. The first part has reference to husband, wife, and unmarried children under 18 years of age of an alien. Senator HARRISON. What page is that on? Secretary DAVIS. It is on page 4. In the issuance of immigration certificates preference shall be given in the following order I do not know but what I like Senator Reed's language better than my own or Senator Watson's. He says visé certificates rather than immigration certificates To (1) husband, wife, and unmarried children under 18 years of age of an alien (a) who has been legally admitted to the United States, (b) has resided in the United States continuously for at least two years immediately preceding the time of the application for an immigration certificate, and (c) has at least one year prior to such time declared his intention in the manner provided by law to become a citizen of the United States; (2) immigrant who served in the military or naval forces of the United States at any time between April 5, 1917, and November 11, 1918, inclusive, and was not discharged therefrom under dishonorable conditions; (3) ministers of any religious denomination, or professors of a college, university, or seminary, when it shall appear that continuously for at least four years prior to the time of the application for admission to the United States the applicant has been engaged in and seeks to enter the United States solely for the purpose of carrying on such vocation; (4) skilled laborers; (5) all other laborers, including domestic servants; and (6) all other immigrants. You divide that into 12 quotas. It is a question with me whether you will ever have any of the six provisos. The CHAIRMAN. Those are admissions under the quota? Secretary DAVIS. That is in the Watson bill. I might say that under this section in this bill, because it carried with it putting Canada and Mexico on the percentage basis, it was discussed with the representatives of labor, both organized and unorganized, and they agreed to it. Those are preferences that would come under any quota law that you might adopt. The CHAIRMAN. Your special immigration certificate is outside the quota law? Secretary DAVIS. Yes. The CHAIRMAN. You have read about the preferences under the quota law. I wish you would explain what your bill involves with regard to the special immigration certificates and what classes it includes. Secretary DAVIS. Reading from page 6 of the Watson bill: The Secretary may upon the verified petition of a citizen of the United States authorize and require a consular officer to issue a special immigration certificate to any immigrant otherwise admissible who is (1) the husband, wife, unmarried child under 18 years of age, dependent father or mother of such citizen, or who is (2) a farmer, a skilled or unskilled laborer, and his wife and unmarried children under 18 years of age accompanying him, regardless of the quota limitations and restrictions provided for in this act, when it shall satisfactorily appear to the Secretary, after full hearing and investigation, that the facts stated in such petition are true; and, where the petition is filed in behalf of a skilled or unskilled laborer, that labor of like kind unemployed can not be found in the United States, and that a strike or lockout does not exist or impend in the particular industry seeking to import such skilled or unskilled labor. (b) The petition shall be in such form and supported by such evidence, documentary or otherwise, as may by regulations be prescribed, and, in the case of an immigrant who is the husband, wife, unmarried child under 18 years of age, dependent father or mother of a citizen of the United States, shall have attached thereto a photograph of the immigrant in whose behalf filed. Application for a special immigration certificate may be made in the same petition for more than one individual. (c) The special immigration certificate shall be in such form and contain such information concerning the immigrant as shall by regulations be prescribed, and shall be valid for the period therein specified, not exceeding six months after the date of issuance. The immigrant shall furnish two copies of his photograph to the consular officer, one to be permanently attached to the special immigration certificate, the other to be attached to the certificate of arrival by an immigration official at the port of inspection. The special immigration certificate shall be surrendered to the immigration officer at the port of inspection, who shall make such notation thereon and such disposition thereof as shall by regulations be prescribed. (d) A fee of $10 shall be collected by the consular office for the issuance of a special immigration certificate. (e) The Secretary shall report to Congress at the beginning of each session the number of special immigration certificates issued. I think we had one hundred and ten or one hundred and eleven thousand come from Canada last year, and 63,000 that we know of that came in legally from Mexico under open immigration. Now, that is 163,000. Senator HARRISON. Under the 3 per cent quota, the present law, say, how many would be permitted to come in from Canada and how many from Mexico? Secretary DAVIS. I think it runs about 3,500 from Mexico-I have not the figures in my mind correctly-and about 35,000 from Canada. Have you figures over there, Mr. Luhring? Mr. LUHRING. It would be 36,292 from Canada and Newfoundland, and 6,657 from Mexico. Secretary DAVIS. That is, from Mexico and South America. Mr. LUHRING. From the total of those countries not now included in the existing law, based on 3 per cent, there would be 44,677. Senator KING. Is that all Latin-American republics? Mr. LUHRING. Yes. Senator HARRISON. May I ask you, Mr. Luhring, if you have figures there on the 2 per cent quota of 1890, how many would come in from Canada and how many from Mexico? Mr. LUHRING. I can not give you that information. Secretary DAVIS. I think if you will get the Congressional Record of the day this bill was introduced you will find those figures there. The CHAIRMAN. How many would come in from Mexico under the 3 per cent law as applied to Mexico? Mr. LUHRING. Of the census of 1910, you mean? The CHAIRMAN. Yes; the census of 1910. Mr. LUHRING. From Mexico, 6,657. Secretary DAVIS. I will answer the Senator's question. Two per cent of 1890 would be a total, I think of 182,648. Senator HARRISON. That is the total; but from Canada how many? Secretary DAVIS. 1,557. Senator REED. Have you ever made any estimate as to the extent of smuggling in of immigrants over the Mexican border? Secretary DAVIS. No; that is why I want registration of the aliens, so that I can find out. Senator HARRISON. You are going to discuss that feature later on, are you not? Secretary DAVIS. Not at this session. Senator HARRISON. Is that proposed in this bill? Secretary DAVIS. No; that is not in here at all. I think it ought to be in a separate bill, because it pertains to naturalization, and I am waiting until we get this out of the way before we prepare information on that. Senator HARRISON. The trouble is if we wait we will not get it through Congress. Senator KING. Mr. Secretary, I want to follow you logically. You are dealing with special certificates now and the classes that come under the special certificates. I will call them the families of the immigrants and the skilled and unskilled labor. Is there any provision in your bill where you deal with seasonable labor? Secretary DAVIS. This special immigration certificate deals with seasonable labor also. For instance, if you need some one to come into Texas to pick the cotton, you can make the necessary arrange ments under this particular bill. If you want some one to come into the northern part of Maine to harvest potatoes or into the northwestern section to harvest the wheat or up into Utah to pick the sugar beets, whatever you want to do, you can make arrangements for under this particular immigration bill. The CHAIRMAN. You do, in effect, lodge with the Secretary of Labor, under proper regulations, with this special immigration certificate, the power to admit the families of the immigrants, skilled and unskilled labor, or seasonable immigrants? I mean the power is there? Secretary DAVIS. Yes. Senator COPELAND. Is that permanent admission? Secretary DAVIS. You can have it permanent admission or temporary admission. The CHAIRMAN. That all rests with the Secretary of Labor? Senator COPELAND. I notice in the Johnson bill that there is a similar plan with reference to skilled labor, but as I read it it seems to indicate that it is a temporary admission. Secretary DAVIS. I am not familiar with that, Senator. I have not yet had time to go over it. Senator COPELAND. It is on the bottom of page 18 of the Johnson bill. Beginning in line 23 it says: to insure that, at the expiration of such time or upon failure to maintain the status under which admitted, he will depart from the United States. It is implied there that the admission is temporary. Secretary DAVIS. Under the law we can admit skilled labor where like labor can not be found in this country, but it is subject to the quota. Senator COPELAND. But the trouble is you do not want to admit a farmer. Secretary DAVIS. If it is necessary to admit that farmer and you can not find Senator COPELAND (interposing). No; but the reply you made to me was that the farmer is not skilled. I have had lots of fun with your reply about that up through the farming districts. A farmer is skilled in more of the arts and sciences than is any other skilled laborer. Secretary DAVIS. I think if you will examine the records in the Department of Labor you will find that we admit men in that particular line who are skilled; horticulturists-skilled agriculturists we call them. Senator COPELAND. Experts? Secretary DAVIS. Experts. Senator COPELAND. But you think a farmer is not a skilled man? Secretary DAVIS. I think a farmer is not a skilled man? Senator COPELAND. You said so in your reply. Secretary DAVIS. I think a farmer is a skilled man. Senator COPELAND. Under the Johnson bill where it speaks about skilled labor would you admit a farmer? Secretary DAVIS. I am not familiar with the Johnson bill. Senator COPELAND. Well, under any bill where it is said any skilled labor would be admitted, would you admit a farmer? 85852-24-2 Secretary DAVIS. I am not familiar enough with it to answer your question, Senator. Senator COPELAND. Well, when you did answer it before you said, "No; he could not come in." Secretary DAVIS. Wait a minute. I would say that a man who was just an ordinary farm hand is not skilled labor. Senator COPELAND. I am not speaking about an ordinary farm hand; I am talking about a man who is born on a farm and has lived on a farm and had training such as one gets on a farm, which, to my mind, indicates a great degree of skill. Senator HARRISON. Mr. Secretary, you presented your views to the House Immigration Committee, did you not? Secretary DAVIS. Yes. Senator HARRISON. I was just wondering whether they considered all this proposition over there. Secretary DAVIS. I do not know; I did not appear before the House committee. Senator HARRISON. Oh, you did not? Secretary DAVIS. No. Senator KING. Do you mean that in the recent hearings on the Johnson bill your testimony was not sought? Secretary DAVIS. Well, unfortunately, when they asked me to appear before the committee I had to attend a Cabinet meeting. Senator HARRIS. Was your department represented? Secretary DAVIS. Yes; I think Mr. Husband and Mr. White appeared before the committee. You did appear before the committee, did you not, Mr. Husband? Mr. HUSBAND. In connection with one matter only. Senator COPELAND. There is a matter on page 19 of the Johnson bill which I think should be enlarged. It says: For the purposes of this section the marriage of an immigrant ineligible to citizenship admitted as a student under subdivision (g) of section 4 shall be considered to be a failure to maintain the status under which admitted Would that mean, then, if a girl came over here to study medicine and was unfortunate enough or fortunate enough to fall in love with another student and married him, that she would then im mediately lose her status and have to be excluded? Secretary DAVIS. I am not familiar with the Johnson bill. Mr. WHITE. Yes; I think that was directed entirely to the number that changed status by marriage. The Japanese enter and the children become citizens. Senator COPELAND. But under this plan in the Johnson bill a girl could come in to study medicine, could she not, Mr. White? Mr. WHITE. I presume so. I do not know the exact wording of the Johnson bill. I am speaking more of the present student status under the present law. Senator COPELAND. And then if she did marry an American citizen she would be excluded by reason of that marriage. Mr. WHITE. I do not know what the intention of the Johnson bill is in that regard, but it clearly states, as I understand, that marriage changes the status, and if she was an excludable alien she would be excluded, naturally. |