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service with the military forces of the United States or allies, 19 was provided for.

A law was enacted providing for the deportation and denial of readmission of undesirable aliens,20 and for hospital treatment for diseased alien seamen.21

In 1921 the immigration of aliens was limited to certain percentages, 22 which was extended to June 30, 1924.23 The Immigration Act of 1924 further restricted the quota principle.24 3. Exemption under Act of 1917 for Aliens in Geographically Described

Zone Not Applicable to Subject of Exclusion under Subsequent Law In February, 1922, there arrived at the port of New York, N. Y., the wife and child of a Jewish rabbi named Solomon Gottlieb, who, by their exclusion, were destined to cause not only great confusion in the administration of the Immigration Act, but to turn into the wrong channel a long line of judicial thought as to the proper interpretation of the immigration laws. The husband and father had preceded his family to the United States by about 14 months. The quota allotted to Palestine, the country where Mrs. Gottlieb and her son were born, having been exhausted before their arrival they were denied admission to the United States. By means of habeas corpus proceedings, the United Charity Institutions of Jerusalem intervened, as a result of which United States Circuit Judge Mack sustained the writ and discharged the relators, on the assumption that a proviso in section 3 of the Act of February 5, 1917—which, by the terms thereof, is limited only to persons who were born in the geographically described territory of that section-also applied to immigration legislation passed four years thereafter.25 The decision was affirmed in the Circuit Court of Appeals.26

It was not until May 26, 1924, that the Supreme Court of the United States finally pointed out that both the District Court and the Circuit Court of Appeals were in. error and that the exemption covering only aliens of the geographically described zone could not be made to apply to a Jewish rabbi whose family had been excluded under a subsequent law.27 Meanwhile the federal courts at New York, as well as those at Boston, not only generally followed the Gottlieb decision, but sought to enlarge the classes to which it was meant to apply. In fact, only on the Pacific Coast did the courts construe the quota law in the manner which the department felt it was the intention of Congress that it should be construed. Judge Lowell, in Boston, in the case entitled "Babina Suzanna," went even further and concluded that even a proxy bride could acquire by such proxy marriage the right to enter the United States after the quota was exhausted, notwithstanding the fact that he admitted that the validity of a proxy marriage had never been determined, so far as he was aware, in any case in England or the United States. As a result of that decision there was incorporated in section 28 of the 1924 Immigration Act specific language to the effect that the terms "wife" and "husband” do not include a wife or husband by reason of a proxy or picture marriage. 4. Immigration Act of 1924 24

19 Joint Resolution Oct. 19, 1918 (40 Stat. 1014). 20 Act May 10, 1920 (41 Stat. 593 [Comp. St. Ann. Supp. 1923, 88 4289746(4)-428914 b(6)]). 21 Act Dec. 26, 1920 (41 Stat. 1082 [Comp. St. Ann. Supp. 1923, § 428944 SSS]). 22 Act May 19, 1921 (42 Stat. 5). 23 Joint Resolution May 11, 1922 (42 Stat. 510). 24 Act May 26, 1924 (43 Stat. 153). 25 U. S. ex rel. Gottlieb v. Commissioner of Immigration (D. C.) 278 F. 564. 26 U. S. ex rel. Gottlieb v. Commissioner of Immigration (C. C. A.) 285 F. 295.

27 Commissioner of Immigration of Port of New York v. Gottlieb, 265 U. S. 310, 44 S. Ct. 528, 68 L. Ed. 1031.

The Immigration Act of 1924 changed the basis for computing the quotas in two particulars: The per centum limit act of 1921 took as a basis the foreignborn persons in the United States as shown by the census of 1910, while the new law takes as a basis the number shown by the census of 1890; further, the old law applied 3 per cent. to the census enumeration of 1910, whereas the new law applies 2 per cent, to the census enumeration of 1890.

As a result of the Gottlieb decisions, the 1924 Immigration Act not only defines what is meant by "immigrant," "nonimmigrant," and "quota immigrant," but sets out specifically the preferences within the quotas. For the first time, too, an alien who is a lawful resident in the United States is afforded by law an opportunity to have his status as such investigated and determined prior to his departure from the United States on a visit, and is given a certificate establishing that fact, which he may use as evidence of his status upon his return. While the new legislation in that respect places upon the Bureau of Immigration the gigantic task for which no provision in the way of increased personnel was made, it undoubtedly considerably facilitates the return of aliens who have acquired a lawful domicile and desire to make a temporary visit abroad.

The basis for numerical limitation of aliens has been changed so as to rest, for the present, on the census of 1890, instead of 1910, as in the previous quota law. Beginning July 1, 1927, however, the numerical limitation will be based on the number which bears the same ratio to 150,000 as the number of inhabitants in continental United States in 1920 having that national origin (ascertained as provided in section 11, Act of 1924) bears to the number of inhabitants in continental United States in 1920, but the minimum quota of any nationality shall be 100.

A strict adherence to the law cannot fail to very materially decrease, if not entirely eliminate, the hardship which resulted after exclusion under the previous quota law, after a useless voyage to the port of arrival. To aid in this respect, Congress has provided a fine of $1,000, together with a refund of the amount paid by the alien for his passage, for bringing to the United States (1) any immigrant who does not have an unexpired immigration visa, or (2) any quota immigrant having an immigration visa, the visa in which specifies him as a nonquota immigrant.

24 Act May 26, 1924 (43 Stat. 153).

To further assist in carrying out the law, Congress has raised to $1,000 the fine for bringing in aliens who are afflicted with idiocy, insanity, imbecility, feeble-mindedness, epilepsy, constitutional psychopathic inferiority, chronic alcoholism, tuberculosis in any form, or a loathsome contagious disease. Whereas, under previous legislation, the fine of only $200 was specified, the bringing of aliens with a physical defect or a mental defect other than those specified above has been raised from $25 (under the Act of February 5, 1917) 28 to $250.

The following are the immigration quotas according to nationality proclaimed in pursuance of the Immigration Act of 1924. These quotas are available only to aliens who are eligible to citizenship in the United States:

29

100

Country or Area of Birth.

Annual Quota. Afghanistan

100 Albania

100 Andora

100 Arabian Peninsula 30 31 Armenia

124 Australia, including Papua, Tasmania, and all islands appertaining to Australia 32 33

121 Austria

785 Belgium 34

512 Bhutan 29

100 Bulgaria

100 Cameroon (proposed British mandate).

100 Cameroon (French mandate).

100 China 29

100

28 39 Stat. 874.

29 A nominal quota, according to the minimum fixed by law. These nominal quotas, as in the case of all quotas established by the act of 1924, are available only for persons born within the respective countries who are eligible to citizenship in the United States and admissible under the immigration laws of the United States.

30 Persons born in the portions of Persia, Russia, or the Arabian Peninsula situated within the barred zone, and who are admissible under the immigration laws of the United States as quota immigrants, will be charged to the quotas of these countries, and persons born in the colonies, dependencies, or protectorates, or portions thereof, within the barred zone, of France, Great Britain, the Netherlands, or Portugal, who are admissible under the immigration laws of the United States as quota immigrants, will be charged to the quota of the country to which such colony or dependency belongs, or by which it is administered as a protectorate.

31 The quota area denominated “Arabian Peninsula” consists of all territory, except Muscat and Aden, situated in the portion of that peninsula and adjacent islands, to the southeast of Iraq, of Palestine with Trans-Jordan, and of Egypt.

32 Quota immigrants born in the British self-governing dominions or in the Empire of India will be charged to the appropriate quota, rather than to that of Great Britain and northern Ireland. There are no quota restrictions for Canada and Newfoundland.

33 As shown on chart No. 1262a, Hydrographic Office, United States Navy Department.

34 Quota immigrants eligible to citizenship in the United States, born in a colony, dependency, or protectorate of any country to which a quota applies, will be charged to the quota of that country.

Czechoslovakia
Danzig, Free City of
Denmark 34 35
Egypt
Esthonia
Ethiopia (Abyssinia)
Finland
France 30 34 35
Germany
Great Britain and northern Ireland 30 32 34 35
Greece
Hungary
Iceland
India 29 32
Iraq (Mesopotamia).
Irish Free State 32
Italy, including Rhodes, Dodekanesia, and Castellorizzo...

.. 3,073

228 2,789

100 124 100 471 3,954 .51,227 :34,007

100 473 100 100

100 .28,567 3,845

100 142 100 100 344 100 100 100 100 100

Japan 29

Latvia
Liberia
Liechtenstein
Lithuania
Luxemburg
Monaco
Morocco (French and Spanish zones and Tangier).
Muscat (Oman) 29
Nauru (proposed British mandate) 33

29 A nominal quota, according to the minimum fixed by law. These nominal quotas, as in the case of all quotas established by the act of 1924, are available only for persons born within the respective countries who are eligible to citizenship in the United States and admissible under the immigration laws of the United States.

30 Persons born in the portions of Persia, Russia, or the Arabian Peninsula situated within the barred zone, and who are admissible under the immigration laws of the United States as quota immigrants, will be charged to the quotas of these countries, and persons born in the colonies, dependencies, or protectorates, or portions thereof, within the barred zone, of France, Great Britain, the Netherlands, or Portugal, who are admissible under the immigration laws of the United States as quota immigrants, will be charged to the quota of the country to which such colony or dependency belongs, or by which it is administered as a protectorate.

32 Quota immigrants born in the British self-governing dominions or in the Empire of India will be charged to the appropriate quota, rather than to that of Great Britain and northern Ireland. There are no quota restrictions for Canada and Newfoundland.

33 As shown on chart No. 1262a, Hydrographic Office, United States Navy Department.

34 Quota immigrants eligible to citizenship in the United States, born in a colony, dependency, or protectorate of any country to which a quota applies, will be charged to the quota if that country.

35 In contrast with the law of 1921, the Immigration Act of 1924 provides that persons born in the colonies or dependencies of European countries situated in Central America, South America, or the islands adjacent to the American continents (except Newfoundland and islands pertaining to Newfoundland, Labrador, and Canada), will be charged to the quota of the country to which such colony or dependency belongs.

Népal 29

100 Netherlands 32 34 35

1,648 New Zealand (including appertaining islands) 34 35

100 Norway

6,453 New Guinea, 34 and other Pacific Islands 29 under proposed Australian mandate 33

100 Palestine (with Trans-Jordan, proposed British mandate)). ...... 100 Persia 30

100 Poland

5,982 Portugal 30 34

503 Ruanda and Urundi (Belgium mandate)...

100 Rumania

603 Russia, European and Asiatic 30

2,248 Samoa, western (proposed mandate of New Zealand) 34

100 San Marino

100

100 South Africa, Union of 32

100 South West Africa (proposed mandate of Union of South Africa) 100 Spain 34

131 Sweden

9,561 Switzerland

2,081 Syria and the Lebanon (French mandate).

100 Tanganyika (proposed British mandate).

100 Togoland (proposed British mandate).

100 Togoland (French mandate)...

100

Siam 29

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29 A nominal quota, according to the minimum fixed by law. These nominal quotas, as in the case of all quotas established by the act of 1924, are available only for persons born within the respective countries who are eligible to citizenship in the United States and admissible under the immigration laws of the United States.

30 Persons born in the portions of Persia, Russia, or the Arabian Peninsula situated within the barred zone, and who are admissible under the immigration laws of the United States as quota immigrants, will be charged to the quotas of these countries, and persons born in the colonies, dependencies, or protectorates, or portions thereof, within the barred zone, of France, Great Britain, the Netherlands, or Portugal, who are admissible under the immigration laws of the United States as quota immigrants, will be charged to the quota of the country to which such colony or dependency belongs, or by which it is administered as a protectorate.

32 Quota immigrants born in the British self-governing dominions or in the Empire of India will be charged to the appropriate quota, rather than to that of Great Britain and northern Ireland. There are no quota restrictions for Canada and Newfoundland.

33 As shown on chart No. 1262a, Hydrographic Office, United States Navy Department.

34 Quota immigrants eligible to citizenship in the United States, born in a colony, dependency, or protectorate of any country to which a quota applies, will be charged to the quota of that country.

35 In contrast with the law of 1921, the Immigration Act of 1924 provides that persons born in the colonies or dependencies of European countries situated in Central America, South America, or the islands adjacent to the American continents (except Newfoundland and islands pertaining to Newfoundland, Labrador, and Canada), will be charged to the quota of the country to which such colony or dependency belongs.

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