Immigration Act of 1921
United States Statutes at Large, Vol. 42, 1921, p. 5-7
AN ACT
To limit the immigration of aliens into the United States.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That as used in this Act—
The term ''United States'' means the United States, and any waters, territory,
or other place subject to the jurisdiction thereof except the Canal Zone and
the Philippine Islands; but if any alien leaves the Canal Zone or any insular
possession of the United States and attempts 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 naturalized 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, entitled ''An
Act to regulate the immigration of aliens to, and the residence of aliens in,
the United States''; and the term ''immigration laws'' includes such Act and
all laws, conventions, and treaties of the United States relating to the immigration,
exclusion, or expulsion of aliens.
Sec. 2. (a) That the number of aliens of any nationality who may be admitted
under the immigration laws to the United States in any fiscal year shall be
limited to 3 per centum of the number of foreign-born persons of such nationality
resident in the United States as determined by the United States census of 1910.
This provision shall not apply to the following, and they shall not be counted
in reckoning 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 zone, as described in section 3 of the Immigration Act; (7) aliens who
have resided continuously for at least one year immediately preceding the time
of their admission of the United States in the Dominion of Canada, Newfoundland,
the Republic of Cuba, the Republic of Mexico, countries of Central of South
America, or adjacent islands; or (8) aliens under the age of eighteen who are
children of citizens of the United States.
(b) For the purposes of this Act nationality shall be determined 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 Secretary of
Labor, jointly, shall, as soon as feasible after the enactment of this Act,
prepare a statement showing the number of persons of the various nationalities
resident in the United States as determined by the United States census of 1910,
which statement shall be the population basis for the purposes of this Act.
In case of changes in political boundaries in foreign countries occurring subsequent
to 1910 and resulting (1) in the creation of new countries, the Governments
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 number of persons resident in the
United States in 1910 who were born within the area included in such new countries
or in such territory so transferred, and revise the population basis as to each
country involved in such change of political boundary. For the purpose of such
revision and for the purposes of this Act generally aliens born 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.
(d) When the maximum number of aliens of any nationality who may be admitted
in any fiscal year under this Act shall have been admitted all other aliens
of such nationality, except as otherwise provided in this Act, who may apply
for admission during the same 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 who
are admissible in that fiscal year: Provided further, That aliens returning
from a temporary visit abroad, aliens who are professional 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 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) be counted in reckoning the
percentage limits provided in this Act: Provided further, That in the enforcement
of this Act preference shall be given so far as possible to the wives, parents,
brothers, sisters, children under eighteen years of age, and fiancees, (1) of
citizens of the United States, (2) of aliens now in the United States who have
applied for citizenship in the manner provided by law, or (3) of persons eligible
to United States citizenship who served in the military 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.
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 into effect. He shall, as soon as feasible
after the enactment of this Act, publish a statement showing the number of aliens
of the various nationalities who may be admitted to the United States between
the 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 during the ensuing fiscal
year. He shall also publish monthly statements 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
of this Act during the remainder of such year, but when 75 per centum of the
maximum number of any nationality admissible during the fiscal year shall have
been admitted such statements shall be issued weekly thereafter. All statements
shall be made available for general publication and shall be mailed to all transportation
companies bringing aliens to the United States who shall request the same and
shall file with the Department of Labor the address to which such statements
shall be sent. The Secretary of Labor shall also submit such statements to the
Secretary of State, who shall transmit the information contained therein to
the proper diplomatic and consular officials of the United States, which officials
shall make the same available to persons intending to emigrate to the United
States and to others who may apply.
Sec. 4. That the provisions of this Act are in addition to and not in substitution
for the provisions of the immigration laws.
Sec. 5. That this Act shall take effect and be enforced 15 days after its enactment
(except sections 1 and 3 and subdivisions (b) and (c) of section 2, which shall
take effect immediately upon the enactment of this Act), and shall continue
in force until June 30, 1922, and the 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.