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(Page 16a)
SUBDIVISIONS OF PRESENT LAW Now OBSOLETE

Comment

The first half (down to the figure (2)) of subdivision (c) of section 12 of the act of 1924 became obsolete when national origins quotas went

into effect in 1929. (c) In case of changes in political boundaries in foreign countries occurring subsequent to 1890 and resulting in the creation of new countries, the Governments of which are recognized by the United States, or in the establishment of self-governing dominions, or in the transfer of territory from one country to another, such transfer being recognized by the United States, or in the surrender by one country of territory, the transfer of which to another country has not been recognized by the United States, or in the administration of territories under mandates, (i) such officials, jointly, shall estimate the number of individuals resident in continental United States in 1890 who were born within the area included in such new countries or self-governing dominions or in such territory so transferred or surrendered or administered under a mandate, and revise (for the purposes of subdivision (a) of section 11) the population basis as to each country involved in such change of political boundary, and (2) if such changes in political boundaries occur after the determination provided for in subdivision (c) of section 11 has been proclaimed, such officials, jointly, shall revise such determination, but only so far as necessary to allot the quotas among the countries involved in such change of political boundary. For the purpose of such revision and for the purpose of determining the nationality of an immigrant, (A) aliens born in the area included in any such new country or self-governing dominion shall be considered as having been born in such country or dominion, and aliens born in any territory so transferred shall be considered as having been born in the country to which such territory was transferred, and (B) territory so surrendered or administered under a mandate shall be treated as a separate country. Such treatment of territory administered under a mandate shall not constitute consent by the United States to the proposed mandate where the United States has not consented in a treaty to the administration of the territory by a mandatory power.

Comment The entire subdivision (e) of section 12 of the act of 1924 became obsolete when national origins quotas went into effect in 1929. (e) Such officials shall, jointly, report annually to the President the quota of each nationality under subdivision (a) of section 11, together with the statements, estimates, and revisions provided for in this section. The President shall proclaim and make known the quotas so reported and thereafter such quotas shall continue, with the same effect as specifically stated herein, for all fiscal years except those years for which quotas are in effect as proclaimed under subdivision (e) of section 11, and shall be final and conclusive for every purpose.

75614-48-19

(Page 17)

Provisions of H. R. 5004
Page Line
10 21 ALÍENS INELIGIBLE TO CITIZENSHIP NOT TO BE ADMITTED,
22

AND SO FORTH
23 SEC. 6. Section 13 (c) of the Immigration Act of
24 1924 (43 Stat. 161-162; 46 Stat. 581; 8 U. S. C. 213
25 (c)) is hereby amended to read as follows:
1 "Sec. 13. (c) No alien ineligible to citizenship shall
2 be admitted to the United States unless such alien (1)
3 is admissible as a nonquota immigrant under the provision
4 of subdivision (b) of section 4, or (2) is not an immigrant
5 as defined in section 3."

10

6

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

“Sec. 28. (c) The term 'ineligible to citizenship’, when
11 used in reference to any individual, includes an individual
12 who is debarred from becoming a citizen of the United
13 States under section 306 of the Nationality Act of 1940,
14 as amended (54 Stat. 1141; U. S. C., title 8, sec. 706),
15 or section 3 (a) of the Selective Training and Service
16 Act of 1940, as amended (55 Stat. 845; U. S. C., title
17 50, App. Supp. III), section 303 (a), or under any law
18 amendatory of, supplementary to, or in substitution for,
19 any such sections, or any other law which may disqualify
20 aliens from citizenship.

Comment (see pages 17a and 17b for comparison with present law) Section 6: Restatement in H. R. 5004 of subdivision (c) of section 13 of the act of 1924 appears necessary to prevent the category of "aliens ineligible to citizenship" from becoming lost when race is removed as a barrier to naturalization.

Section 7: Subdivision (c) of section 28 of the act of 1924 as amended by H. R. 5004 differs from present law only by elimination of reference to section 303 of the Nationality Law of 1940. (At present 303 provides racial ineligibility to citizenship for certain classes of aliens.) The categories of aliens ineligible to citizenship include persons who have deserted the armed forces in time of war, and neutral aliens who avoided military service in World War II.

Section 6 will deny admission to persons in the above categories except those returning to an unrelinquished domicile or those entering temporarily as nonimmigrants.

(Page 17a) PRESENT LAW AFFECTED BY SECTION 6 OF H. R. 5004 Immigration Act of 1924

Sec. 13. (c) (as amended August 9, 1946). No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a nonquota immigrant under the provisions of subdivisions (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.

PRESENT LAW AFFECTED BY SECTION 7 OF H. R. 5004 Immigration Act of 1924

Sec. 28. (c) (as amended October 29, 1495). 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 303 or 306 of the Nationality Act of 1940, as amended (54 Stat. 1140, 1141; U. S. C., title 8, secs. 703, 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. Nationality Act of 1940

Sec. 303 (as amended July 2, 1946). (a) The right to become a naturalized citizen under the provisions of this Act shall extend only to

(1) white persons, persons of African nativity or descent, and persons who are descendants of races indigenous to the continents of North or South America or adjacent islands and Filipino persons or persons of Filipino descent;

(2) persons who possess, either singly or in combination, a preponderance of blood of one or more of the classes specified in clause (1);

(3) Chinese persons and persons of Chinese descent, and persons of races indigenous to India; and

(4) persons who possess, either singly or in combination, a preponderance of blood of one or more of the classes specified in clause (3) or, either singly or in combination, as much as one-half blood of those classes and some addi

tional blood of one of the classes specified in clause (1). (b) Nothing in the preceding subsection shall prevent the naturalization of former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317.

(Page 17b) PRESENT LAW AFFECTED BY SECTION 7 OF H. R. 5004 Nationality Act of 1940

Sec. 306. A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military or naval forces of the United States, or who, having duly enrolled, departed, or shall depart from the jurisdiction of the district in which enrolled, or went or shall go beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall, upon conviction thereof by a court martial, be ineligible to became a citizen of the United States; and such deserters shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights of citizens thereof (54 Stat. 1141-1142; 8 U. S. C. 706). Selective Training and Service Act of 1940

Sec. 3 (a). Except as otherwise provided in this Act, every male citizen of the United States, and every other male person residing in the United States, who is between the ages of twenty and forty-five at the time fixed for his registration, or who attains the age of twenty after having been required to register pursuant to section 2 of this Act, shall be liable for training and service in the land or naval forces of the United States: Provided, That any citizen or subject of a neutral country shall be relieved from liability for training and service under this Act if, prior to his induction into the land or naval forces, he has made application to be relieved from such liability in the manner prescribed by and in accordance with rules and regulations prescribed by the President, but any person who makes such application shall thereafter be debarred from becoming a citizen of the United States: Provided further, That no citizen or subject of any country who has been or who may hereafter be proclaimed by the President to be an alien enemy of the United States shall be inducted for training and service under this Act unless he is acceptable to the land or naval forces.

(54 Stat. 885: 50 U. S. C. 303).

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