"An act to limit the migration of aliens into the United States..." (approved May 26, 1924). The Statutes at Large of the United States of America, from December, 1923 to March, 1925. Vol. XLII, Part 1, pp. 153-169 (Washington, D.C.: Government Printing Office, 1925.)
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That this Act may be cited as the "Immigration
Act of 1924"
Sec. 2. (a) A consular officer upon the application of any immigrant (as defined
in section 3) may (under the conditions hereinafter prescribed and subject to
the limitations prescribed in this Act or regulations made thereunder as to
the number of immigration visas which may be issued by such officer) issue to
such immigrant an immigration visa which shall consist of one copy of the application
provided for in section 7, visaed by such consular officer. Such visa shall
specify (1) the nationality of the immigrant; (2) whether he is a quota immigrant
(as defined in section 5) or a non-quota immigrant (as defined in section 4);
(3) the date on which the validity of the immigration visa shall expire; and
such additional information necessary to the proper enforcement of the immigration
laws and the naturalization laws as may be by regulations prescribed.
b. The immigrant shall furnish two copies of his photograph to the consular
officer. One copy shall be permanently attached by the consular officer to the
immigration visa and the other copy shall be disposed of as may be by regulations
prescribed. c. The validity of an immigration visa shall expire at the end of
such period, specified in the immigration visa, not exceeding four months, as
shall be by regulations prescribed. In the case of a immigrant arriving in the
United States by water, or arriving by water in foreign contiguous territory
on a continuous voyage to the United States, if the vessel, before the expiration
of the validity of his immigration visa, departed from the last port outside
the United States and outside foreign contiguous territory at which the immigrant
embarked, and if the immigrant proceeds on a continuous voyage to the United
States, then, regardless of the time of his arrival in the United States, the
validity of his immigration visa shall not be considered to have expired.
(d) If an immigrant is required by any law, or regulations or orders made pursuant
to law, to secure the visa of his passport by a consular officer before being
permitted to enter the United States, such immigrant shall not be required to
secure any other visa of his passport than the immigration visa issued under
this Act, but a record of the number and date of his immigration visa shall
be noted on his passport without charge therefor. This subdivision shall not
apply to an immigrant who is relieved, under subdivision (b) of section 13,
from obtaining an immigration visa.
(e) The manifest or list of passengers required by the immigration laws shall
contain a place for entering thereon the date, place of issuance, and number
of the immigration visa of each immigrant. The immigrant shall surrender his
immigration visa to the immigration officer at the port of inspection, who shall
at the time of inspection indorse on the immigration visa the date, the port
of entry, and the name of the vessel, if any, on which the immigrant arrived.
The immigration visa shall be transmitted forthwith by the immigration officer
in charge at the port of inspection to the Department of Labor under regulations
prescribed by the Secretary of Labor.
(f) No immigration visa shall be issued to an immigrant if it appears to the
consular officer, from statements in the application, or in the papers submitted
therewith, that the immigrant is inadmissible to the United States under the
immigration laws, nor shall such immigration visa be issued if the application
fails to comply with the provisions of this Act, nor shall such immigration
visa be issued if the consular officer knows or has reason to believe that the
immigrant is inadmissible to the United States under the immigration laws.
(g) Nothing in this Act shall be construed to entitle an immigrant, to whom
an immigration visa has been issued, to enter the United States, if, upon arrival
in the United States, he is found to be inadmissible to the United States under
the immigration laws. The substance of this subdivision shall be printed conspicuously
upon every immigration visa.
(h) A fee of $9 shall be charged for the issuance of each immigration visa,
which shall be covered into the Treasury as miscellaneous receipts.
DEFINITION OF IMMIGRANT.
SEC. 3. When used in this Act the term "immigrant" means an alien
departing from any place outside the United States destined for the United States,
except (1) a government official, his family, attendants, servants, and employees,
(2) an alien visiting the United States temporarily as a tourist or temporarily
for business or pleasure, (3) an alien in continuous transit through the United
States, (4) an alien lawfully admitted to the United States who later goes in
transit from one part of the United States to another through foreign contiguous
territory, (5) a bona fide alien seaman serving as such on a vessel arriving
at a port of the United States and seeking to enter temporarily the United States
solely in the pursuit of his calling as a seaman, and (6) an alien entitled
to enter the United States solely to carry on trade under and in pursuance of
the provisions of a present existing treaty of commerce and navigation.
NON-QUOTA IMMIGRANTS.
SEC. 4. When used in this Act the term "non-quota immigrant" means-
(a) An immigrant who is the unmarried child under 18 years of age, or the wife,
of a citizen of the United States who resides therein at the time of the filing
of a petition under section 9;
(b) An immigrant previously lawfully admitted to the United States, who is returning
from a temporary visit abroad;
(c) An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic
of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic,
the Canal Zone, or an independent country of Central or South America, and his
wife, and his unmarried children under 18 years of age, if accompanying or following
to join him;
(d) An immigrant who continuously for at least two years immediately preceding
the time of his application for admission to the United States has been, and
who seeks to enter the United States solely for the purpose of, carrying on
the vocation of minister of any religious denomination, or professor of a college,
academy, seminary, or university; and his wife, and his unmarried children under
18 years of age, if accompanying or following to join him; or
(e) An immigrant who is a bona fide student at least 15 years of age and who
seeks to enter the United States solely for the purpose of study at an accredited
school, college, academy, seminary, or university, particularly designated by
him and approved by, the Secretary of labor, which shall have agreed to report
to the Secretary of Labor the termination of attendance of each immigrant student,
and if any such institution of learning fails to make such reports promptly
the approval shall be withdrawn.
EXCLUSION FROM UNITED STATES.
SEC. 13. (a) No immigrant shall be admitted to the United States unless he (1)
has an an unexpired immigration visa or was born subsequent to the issuance
of the immigration visa of the accompanying parent, (2) is of the nationality
specified in the visa in the immigration visa, (3) is a non-quota immigrant
if specified in the visa in the immigration visa as such, and (4) is otherwise
admissible under the immigration laws.
(b) In such classes of cases and under such conditions as may be by regulations
prescribed immigrants who have been legally admitted to the United States and
who depart therefrom temporarily may be admitted to the United States without
being required to obtain an immigration visa.
(c) No alien ineligible to citizenship shall be admitted to the United States
unless such alien (1) is admissible as a non-quota immigrant under the provisions
of subdivision (b), (d), or (e) of section 4, or (2) is the wife, or the unmarried
child under 18 years of age, of an immigrant admissible under such subdivision
(d), and is accompanying or following to join him, or (3) is not an immigrant
as defined in section 3.
(d) The Secretary of Labor may admit to the United States any otherwise admissible
immigrant not admissible under clause (2) or (3) of subdivision (a) of this
section, if satisfied that such inadmissibility was not known to, and could
not have been ascertained by the exercise of reasonable diligence by, such immigrant
prior to the departure of the vessel from the last port outside the United States
and outside foreign contiguous territory or, in the case of an immigrant coming
from foreign contiguous territory, prior to the application of the immigrant
for admission.
(e) No quota immigrant shall be admitted under subdivision (d) if the entire
number of immigration visas which may be issued to quota immigrants of the same
nationality for the fiscal year already been issued. If such entire number of
immigration visas has not been issued, then the Secretary of State, upon the
admission of a quota immigrant under subdivision (d), shall reduce by one the
number of immigration visas which may be issued to quota immigrants of the same
nationality during the fiscal year in which such immigrant is admitted; but
if the Secretary of State finds that it will not be practicable to make such
reduction before the end of such fiscal year, then such immigrant shall not
be admitted.
( f ) Nothing in this section shall authorize the remission or refunding of
a fine, liability to which has accrued under section 16.
DEPORTATION
SEC. 14. Any alien who at any time after entering the United States is found
to have been at the time of entry not entitled under this Act to enter the United
States, or to have remained therein for a longer time than permitted under this
Act or regulations made thereunder, shall be taken into custody and deported
in the same manner as provided for in sections 19 and 20 of the Immigration
Act of 1917: Provided, That the Secretary of Labor may, under such conditions
and restrictions as to support and care as he may deem necessary, permit permanently
to remain in the United States, any alien child who, when under sixteen years
of age was heretofore temporarily admitted to the United States and who is now
within the United States and either of whose parents is a citizen of the United
States.
MAINTENANCE OF EXEMPT STATUS.
SEC. 15. The admission to the United States of an alien excepted from the class
of immigrants by clause (2), (3), (4), (5), or (6) of section 3, or declared
to be a non-quota immigrant by subdivision (e) of section 4, shall be for such
time as may be by regulations prescribed, and under such conditions as may be
by regulations prescribed (including, when deemed necessary for the classes
mentioned in clauses (2), (3), (4), or (6) of section 3, the giving of bond
with sufficient surety, in such sum and containing such conditions as may be
by regulations prescribed) to insure that, at the expiration of such time or
upon failure to maintain the status under which he was admitted, he will depart
from the United States.
SEC 28. As used in this Act-
(a) The term "United States," when used in a geographical sense, means
the States, the Territories of Alaska and Hawaii, the District of Columbia,
Porto Rico, and the Virgin Islands; and the term "continental United States
" means the States and the District of Columbia;
(b) The term "alien" includes any individual 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; (c) The term "ineligible to
citizenship," when used in reference to any individual, includes an individual
who is debarred from becoming a citizen of the United States under section 2169
of the Revised Statutes, or under section 14 of the Act entitled "An Act
to execute certain treaty stipulations relating to Chinese," approved May
6, 1882, or under section 1996, 1997, or 1998 of the Revised Statutes, as amended,
or under section 2 of the Act entitled "An Act to authorize the President
to increase temporarily the Military Establishment of the United States,"
approved May 18, 1917, as amended, or under law amendatory of, supplementary
to, or in substitution for, any of such sections;
(d) The term "immigration visa" means an immigration visa issued by
a consular officer under the provisions of this Act;
(e) The term "consular officer" means any consular or diplomatic officer
of the United States designated, under regulations prescribed under this Act,
for the purpose of issuing immigration visas under this Act. In case of the
Canal Zone and the insular possessions of the United States the term "consular
officer" (except as used in section 24) means an officer designated by
the President, or by his authority, for the purpose of issuing immigration visas
under this Act; (f) The term "Immigration Act of 1917" 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";
(g) The term "immigration laws" includes such Act, this Act, and all
laws, conventions, and treaties of the United States relating to the immigration,
exclusion, or expulsion of aliens;
(h) The term "person" includes individuals, partnerships, cor porations,
and associations;
(i) The term "Commissioner General" means the Commissioner General
of Immigration;
(j)The term "application for admission" has reference to the application
for admission to the United States and not to the application for the issuance
of the immigration visa;
(k) The term " permit " means a permit issued under section 10;
(l) The term "unmarried," when used in reference to any as of any
time, means an individual who at such time is not married, whether or not previously
married;
(m) The terms "child," "father," and "mother,"
do not include child or parent by adoption unless the adoption took place before
January 1, 1924;
(n) The terms "wife" and "husband" do not include a wife
husband by reason of a proxy or picture marriage.