"NUMERICAL

LIMITATIONS: ANNUAL QUOTA BASED UPON NATIONAL ORIGIN;

MINIMUM QUOTAS

"SEC. 11. (a) The annual quota of any quota area, for the fiscal year beginning July 1, 1948, and for each fiscal year thereafter, shall be one-sixth of 1 per centum of the number of inhabitants in continental United States in 1920 attributable by national origin to that quota area, which shall be ascertained as hereinafter provided in this section, but the existing quotas for China and Chinese persons shall not be disturbed, and the minimum quota for any quota area shall be one hundred.

"DETERMINATION OF NATIONAL ORIGIN

"(b) For the purpose of subdivision (a) of this section national origin shall be ascertained by determining as nearly as may be, in respect of each quota area provided for under section 12 (except the countries specified in subdivision (c) of section 4), the number of inhabitants in continental United States in 1920 whose origin by birth or ancestry is attributable to such quota area. Such determination shall not be made by tracing the ancestors or descendants of particular individuals, but shall be based upon statistics of immigration and emigration, together with rates of increase of population as shown by successive decennial United States censuses, and such other data as may be found to be reliable.

"INHABITANTS IN CONTINENTAL UNITED STATES IN 1920

"(c) For the purposes of subdivision (a) the term 'inhabitants in continental United States in 1920' does not include (1) immigrants from the countries specified in subdivision (c) of section 4 or their descendants, (2) the descendants of slave immigrants, or (3) the descendants of American aborigines.

"DETERMINATION OF NATIONAL ORIGIN: PRESIDENTIAL PROCLAMATION OF QUOTAS

"(d) The determination provided for in subdivision (b) of this section shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly. In making such determination such officials may call for information and expert assistance from the Bureau of the Census. Such officials shall, jointly, report to the President the quota of each quota area, determined as provided in subdivision (a), and the President shall proclaim and make known the quotas so reported. Such proclamation shall be made on or before June 1, 1948, or as soon thereafter as may be feasible. Quotas proclaimed therein shall take effect on the first of the month next following the expiration of thirty days after the date of the proclamation. After the making of a proclamation under this subdivision the quotas proclaimed therein shall continue with the same effect as if specifically stated herein and shall be final and conclusive for every purpose, except (1) insofar as it is made to appear to the satisfaction of such officials and proclaimed by the President, that an error of fact not affecting the total of all quotas has occurred in such determination or in such proclamation, or (2) in the case provided for in subdivision (d) of section 12.

"IMMIGRATION VISAS LIMITED TO QUOTAS: MONTHLY ISSUE

"(e) There shall be issued to quota immigrants chargeable to any quota area (1) no more immigration visas in any fiscal year than the quota for such quota area, and (2) in any calendar month of any fiscal year no more immigration visas than 10 per centum of the quota for such quota area.

"ISSUE OF VISA TO NONQUOTA IMMIGRANT AS QUOTA IMMIGRANT

"(f) Nothing in this Act shall prevent the issuance (without increasing the total number of immigration visas which may be issued) of an immigration visa to an immigrant as a quota immigrant even though he is a nonquota immigrant." SEC. 5. Section 12 of the Immigration Act of 1924 (43 Stat. 160-161; 8 Ü. S. C. 212 (a)-212 (e)) is hereby amended to read:

"NATIONALITY; DETERMINATION OF

"SEC. 12. (a) For the purposes of this Act, the annual quota to which an immigrant is chargeable shall be determined by birth within a 'quota area', treating as a separate quota area each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the

United Nations, and attributing to 'quota areas' all other inhabited lands other than those of the United States and its Territories and possessions and the countries specified in subdivision (c) of section 4, in a manner consistent with the intent of this Act and approved by the Secretary of State, except that

"(1) the quota area to which an unmarried child under twenty-one years of age not born in the United States, accompanied by its alien parent not born in the United States, is chargeable may, in order to prevent the separation of the child from its parent, be determined by the quota area of such parent if such parent is entitled to an immigration visa, and the quota area to which an unmarried child under twenty-one years of age not born in the United States, accompanied by both alien parents not born in the United States, is chargeable may, for the same purpose, be determined by the quota area of the father if the father is entitled to an immigration visa; and

“(2) if a wife is chargeable to a different quota area from that of her alien husband and the entire number of immigration visas which may be issued to quota immigrants of her quota area for the calendar month has already been issued, the quota area to which she is chargeable may be determined by the quota area of her husband if she is accompanying him and he is entitled to an immigration visa, unless the total number of immigration visas which may be issued to quota immigrants chargeable to the quota area of the husband for the calendar month has already been issued. An immigrant born in the United States who has lost his United States citizenship shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country, then in the country from which he comes:

"(3) any alien who is attributable by as much as one-half of his ancestry to a people or peoples indigenous to the Asia-Pacific triangle defined in subdivision (b) of this section, unless such alien is covered by subdivision (a), (b), (d), (e), or (f) of section 4 of the Immigration Act of 1924, shall be chargeable to a quota as specified in subdivision (b) of this section.

"QUOTA AREAS WITHIN AN ASIA-PACIFIC TRIANGLE

"(b) With reference to determination of the quota to which shall be chargeable an alien immigrating to the United States who is attributable by as much as onehalf of his ancestry to a people or peoples indigenous to the Asia-Pacific triangle comprising all quota areas and all colonies and other dependent areas, except the Philippine Island, situate wholly east of the meridian sixty degrees east of Greenwich, wholly west of the meridian one hundred and sixty-five degrees west and wholly north of the parallel twenty-five degrees south latitude; except for those classes of aliens specified in subsection (3) of subdivision (a) of section 12

"(1) there is hereby established, in addition to quotas for separate quota areas comprising independent countries, self-governing dominions, and territories under the international trusteeship system of the United Nations situate wholly within said Asia-Pacific triangle, an Asia-Pacific quota of one hundred annually;

"(2) such alien born within a quota area situate wholly within said AsiaPacific triangle shall be chargeable to the quota area in which born;

"(3) such alien born within a colony or other dependent area situate wholly within said Asia-Pacific triangle shall be chargeable to the AsiaPacific quota;

"(4) such alien born outside the Asia-Pacific triangle who is attributable by as much as one-half of his ancestry to a people or peoples indigenous to a single quota area, situate wholly within the Asia-Pacific triangle, shall be chargeable to the quota of that quota area;

"(5) such alien born outside the Asia-Pacific triangle who is attributable by as much as one-half of his ancestry to a people or peoples indigenous to one or more colonies or other dependent areas situate wholly within the AsiaPacific triangle, shall be chargeable to the Asia-Pacific quota;

"(6) such alien born outside the Asia-Pacific triangle who is attributable by as much as one-half of his ancestry to people indigenous to two or more quota areas situate wholly within the Asia-Pacific triangle, including the colonies and other dependent areas situate wholly therein, shall be chargeable to the Asia-Pacific quota.

"LIMITATION UPON COLONIES AND OTHER DEPENDENT AREAS

"(c) Any alien immigrating to the United States born in a colony or other dependent area from which no separate quota has been established, unless a nonquota immigrant as provided in section 4 of the Immigration Act of 1924, shall be chargeable to the quota of the governing country: Provided, That not more than one hundred persons born in any one colony or other dependent area shall be chargeable to the quota of its governing country in any one year, and except that such alien, if attributable by as much as one-half of his ancestry to a people or peoples indigenous to the Asia-Pacific triangle, shall be chargeable to a quota as provided in subdivision (b) of this section.

"PROVISION OF QUOTAS TO HAVE NO POLITICAL SIGNIFICANCE

"(d) The provision of an immigration quota for a quota area shall not constitute recognition by the United States of the transfer of territory from one country to another, or recognition of a government not recognized by the United States.

"REVISION OF QUOTAS NECESSITATED BY TERRITORIAL CHANGES

"(e) After the determination of quotas has been made as provided in subdivision (d) of section 11, revision of the quotas shall be made by such officials, jointly, whenever necessary, to provide for any change of boundaries resulting in transfer of territory from one sovereignty to another, a change of administrative arrangements of a colony or other dependent area, or any other political change requiring a change in the list of quota areas or of the territorial limits thereof, but no such revision shall increase the total of all the quotas except as such increase is involved in maintaining a minimum quota of one hundred for each quota area."

"

ALIENS INELIGIBLE TO CITIZENSHIP NOT TO BE Admitted, anND SO FORTH

SEC. 6. Section 13 (c) of the Immigration Act of 1924 (43 Stat. 161-162; 46 Stat. 581; 8 U. S. C. 213 (c)) is hereby amended to read as follows:

"SEC. 13. (c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a nonquota immigrant under the provision of subdivision (b) of section 4, or (2) is not an immigrant as defined in section 3."

GENERAL DEFINITIONS

SEC. 7. Section 28 (c) of the Immigration Act of 1924 (43 Stat. 168-169; 8 U. S. C. 224) is hereby amended to read as follows:

"SEC. 28. (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 306 of the Nationality Act of 1940, as amended (54 Stat. 1141; U. S. C., title 8, sec. 706), or section 3 (a) of the Selective Training and Service Act of 1940, as amended (55 Stat. 845; U. S. C., title 50, App. Supp. III), section 303 (a), or under any law amendatory of, supplementary to, or in substitution for, any such sections, or any other law which may disqualify aliens from citizenship.

REPEAL PROVISIONS

SEC. 8. That portion of section 3 of the Immigration Act of February 5, 1917, as amended, which excludes aliens merely because they are natives of certain Pacific islands and of a portion of the continent of Asia from admission to the United States (8 U. S. C. 136 (n)); sections 2 and 3 of the Act approved December 17, 1943, as amended (57 Stat. 600; 8 U. S. C.; 211, 262, 263, 271, 293, 294, 299; 28 U. S. C.; 49); sections 1, 4, and 5 of the Act approved July 2, 1946 (60 Stat. 416; 8 U. S. C. 204, 212 (a), 703, 724); the Act approved August 9, 1946 (60 Stat. 975; 8 U. S. C. 204, 211, 212 (a), 213); and all other Acts or parts of Acts inconsistent with this Act are hereby repealed.

TIME OF TAKING EFFECT

SEC. 9. The provisions of this Act which are considered by the Secretary of State and the Attorney General to be dependent upon the issuance of a new quota proclamation shall not take effect until such proclamation becomes effective.

Mr. FELLOWS. We have several people here this morning who wish to be heard. The bill was introduced by Dr. Judd, our colleague, and we are very glad to hear from Dr. Judd.

STATEMENT OF HON. WALTER H. JUDD, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MINNESOTA

Mr. JUDD. Mr. Chairman and gentlemen of the committee, I am grateful for the opportunity to appear before you this morning in behalf of H. R. 5004 which I introduced last January. It is a modification of an earlier bill introduced last year which had exactly the same objectives, those just stated by the chairman. After discussion with members of the State Department and the Justice Department, which have responsibility for carrying out our various immigration and naturalization laws, it became clear that we ought to make a more comprehensive survey of the whole subject and more extensive revision of the general laws dealing with it. In the last few years Congress has amended the laws with respect to certain groups or persons of particular nationalities, and constantly, I know, your subcommittee has before it all sorts of private bills taking care of individuals. The purpose of this bill is to see if we can not get a comprehensive revision that will eliminate the necessity for these constant piecemeal revisions for particular groups or individuals and at the same time will preserve the fundamental principles of our system of quotas based on national origins, which principles have been established firmly in our immigration laws since 1924, which I believe in thoroughly, and which I have no desire to abandon or destroy. Rather I believe we should extend the system to include certain peoples who heretofore have been excluded because of their race.

The bill removes at one stroke the remaining racial discriminations in our nationality and immigration laws, which have so greatly contributed to ill feeling in many parts of the world, and yet makes no basic changes in the quota principle in existing law and admits per year only a few hundred more immigrants of Asian ancestry, who are at present ineligible.

The objective sought is simple: On the one hand, to end discrimination in nationality and immigration laws in a manner which conforms to the idea behind the national-origin quotas, and on the other hand to grant immigration quotas to certain, carefully defined areas in the Far East whose immigration quotas are at present available only for those born there who are Caucasian or of African descent or of American aboriginal descent, if you can imagine any persons being born in those countries descended from the American Indians.

They already have quotas which are available to all persons born there except the persons who are indigenous to those areas. This bill would make the quotas usable by persons indigenous to those

areas.

Mr. Chairman, I can discuss the bill section by section, but it might be better merely to insert in the record a summary and analysis I have prepared in nontechnical language because the language of the bill has to be technical, dealing with such a subject. Or, I shall be glad to go over it now in detail if the Chairman prefers.

Mr. FELLOWS. This is your analysis which is entitled "Comparison of"

Mr. JUDD. Yes; that is one. But that is more of a work sheet for the committee. We have assembled there all the citations to existing laws so that it is easy to see what the changes are that the bill makes.

On the left-hand side of each double page is a section or subsection from this bill, H. R. 5004, and a paragraph at the bottom states exactly what it does. On the right-hand side is the existing law on the same matter, and it shows the differences between the two.

Then, in addition, I have here an analysis that really amounts to putting together the explanations in the comparison, of what the bill does and the changes it makes in the law.

Mr. FELLOWS. Do you want that incorporated in the record?

Mr. JUDD. I do not know whether it is necessary, sir, to go to the expense of printing the "comparison" in the record. We have mimeographed copies which I think may be of value to the committee. If the committee thinks it should be included, it would be useful, of course. My section-by-section analysis should be included. It gives the facts and figures, how many people are involved, from what quota areas, and so on. I should like to have it inserted at the end of my remarks.

May I discuss briefly the two major issues. First, naturalization: There are in this country today-or there were, I should say, in the 1940 census-almost 90,000 persons who were legally admitted for permanent residence prior to 1924 but who are racially ineligible for naturalization. About 85,000 of them are of Japanese origin. Between 3,000 and 4,000 are of Korean origin. There were 145 Polynesians and natives of minor islands here and there.

H. R. 5004 would make all those persons eligible to apply for naturalization and take out their first papers and then their second papers, if they qualify on literacy, physical, moral, economic, and other grounds, the same as immigrants from other countries.

Actually, there are not that many here, now, because no census has been taken since 1940. In the meantime a good many have died, and, as I recall, between 4,000 and 5,000 have returned to Japan, so that the total number involved would be less than 85,000, assuming they all take out naturalization papers.

To me, this is a matter of simple justice. These people are here. They are legally here. They are entitled to stay here the rest of their lives. Their average age is above 50. From the standpoint of our own body politic it would be better to have them fully incorporated as citizens than as alien residents. They pay taxes; they are good law-abiding members of their communities. They have proved through their conduct during the war, and especially through the conduct of their children who served with heroism, distinction, and valor in our armed forces, that they are loyal to the United States and fully worth of American citizenship.

Certainly it is better to have them a part of our country than a foreign body. I cannot believe there can be substantial objection to allowing them to become naturalized citizens, as they want to.

Just the other day one our ships, a merchant marine ship, was rechristened, and given the name of an American citizen of Japanese ancestry who was the first person of that ancestry to be given the