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involving moral turpitude, committed within five years after entry into the United States, he may be deported under section 19 of the immigration act of 1917 without regard to the provisions of this bill. Conversely, an alien convicted of any offense for which he is deportable under this bill, may be deported irrespective of the question of moral turpitude. So also, if he is of one of the anarchistic classes made deportable by the act of October 16, 1918, as amended, he is to be deported regardless of whether he is or is not subject to deportation upon some ground specified in the bill, and regardless of the fact that three years have elapsed since the expiration of the term for which sentenced.

ALIENS WHO UNLAWFULLY ENTER OR REMAIN IN THE UNITED STATES

Section 3: Section 1 of the act of March 4, 1929, made it a felony for an alien arrested and deported in pursuance of law to enter or attempt to enter the United States. Section 2 of that act made it a misdemeanor for an alien to enter the United States at any time or place other than as designated by immigration officials or to elude examination or inspection by immigration officials or to obtain entry into the United States by a willfully false or misleading representation or the willful concealment of a material fact. Neither of these sections made it an offense for the alien to remain in the United States after unlawful entry. As the offense is entry, the place of entry determines the district in which the alien must be prosecuted under the sixth amendment to the Constitution, which provides

In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. *

It frequently happens that an alien enters unlawfully in one district and is located in another district a considerable distance away, and in order to be prosecuted he must be removed to the United States district court for the district in which the entry occurred. This involves serious delay and expense to the Government and, accordingly, section 3 of the bill amends the 1929 act by making it an offense for the alien to remain in the United States after entry in violation of the provisions of that act. This will permit of prosecution in any district in which the alien is found, the prosecution being based on his remaining here unlawfully and not upon the unlawful entry.

HARBORING, CONCEALING, OR EMPLOYING ALIENS WHO HAVE
UNLAWFULLY ENTERED

Section 4: Section 8 of the immigration act of 1917 makes it an offense to unlawfully bring into or land an alien in the United States, or to conceal or harbor, or attempt to conceal or harbor, an alien so brought in. However, no penalty attaches to the person who, having knowledge of such unlawful entry, conceals or harbors such alien, unless that action is in pursuance of unlawful landing. (See United States v. Niroku Komai et al. (1923, D. C., S. D. Calif., S. D.), 286 Fed. 450.) Section 4 of the bill provides that any person who knows or has reasonable grounds to believe that any alien entered the United States in violation of section 2 of the act of March 4, 1929, and who,

within three years after such entry, conceals or harbors or attempts to conceal or harbor such alien, shall be guilty of a misdemeanor and punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding one year, or both. The same penalty is imposed upon a person who employs an alien under similar circumstances. It frequently happens that aliens who have unlawfully entered the United States are employed by persons having full knowledge of the unlawful entry and who may even have assisted in bringing the alien into the country.

DEFINITIONS

Section 5: Section 5 of the bill provides that terms defined in the immigration act of 1924 shall have the same meaning when used in this bill. These definitions are:

(1) The term "United States," found in section 28 (a) of the 1924 act, as follows:

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.

(2) The term "alien," found in section 28 (b) of the 1924 act, as follows:

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.

(3) The term "immigration act of 1917," found in section 28 (f) of the 1924 act, as follows:

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."

RECOMMENDATION BY THE PRESIDENT

The proposed legislation is in line with the recommendation of the President in his message to Congress at the beginning of the present session, as follows:

DEPORTATION OF ALIEN CRIMINALS

I urge the strengthening of our deportation laws so as to more fully rid ourselves of criminal aliens. Furthermore, thousands of persons have entered the country in violation of the immigration laws. The very method of their entry indicates their objectionable character, and our law-abiding foreign-born residents suffer in consequence. I recommend that the Congress provide methods of strengthening the Government to correct this abuse.

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CHANGES IN EXISTING LAW

In compliance with paragraph 2a of Rule XIII of the Rules of the House of Representatives, changes made in sections 1 (a) and 2 of the act entitled "An act making it a felony with penalty for certain aliens to enter the United States of America under certain conditions in violation of law," approved March 4, 1929, as amended, are shown as follows: Existing law proposed to be omitted is inclosed in black brackers; new matter is printed in italics; existing law in which no change is proposed is shown in roman:

That (a) if any alien has been arrested and deported in pursuance of law, he shall be excluded from admission to the United States whether such deportation took place before or after the enactment of this act, and if he enters or attempts to enter the United [States after the expiration of sixty days after the enactment of this act he] States, or, having entered the United States after May 3, 1929, remains in any part of the United States, he shall be guilty of a felony and upon conviction thereof shall, unless a different penalty is otherwise expressly provided by law, be punished by imprisonment for not more than two years or by a fine of not more than $1,000, or by both such fine and imprisonment: Provided, That this act shall not apply to any alien arrested and deported before March 4, 1929, in pursuance of law, in whose case prior to his reembarkation at a place outside the United States, or his application in foreign contiguous territory for admission to the United States, and prior to March 4, 1929, the Secretary of Labor has granted such alien permission to reapply for admission.

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SEC. 2. Any alien who hereafter enters the United States at any time or place other than as designated by immigration officials or eludes examination or inspection by immigration officials, or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, or having so entered, eluded examination or inspection, or obtained entry, remains in any part of the United States, shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000, or by both such fine and imprisonment.

APPENDIX

Following are sections 19 and 20 of the immigration act of 1917, referred to in the bill as reported:

SEC. 19. That at any time within five years after entry any alien who at the time of entry was a member of one or more of the classes excluded by law; any alien who shall have entered or who shall be found in the United States in violation of this act or in violation of any other law of the United States; any alien who at any time after entry shall be found advocating or teaching the unlawful destruction of property, or advocating or teaching anarchy or the overthrow by force or violence of the Government of the United States or of all forms of law or the assassination of public officials; any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing; except as hereinafter provided, any alien who is hereafter sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude committed within five years after the entry of the alien to the United States, or who is hereafter sentenced more than once to such a term of imprisonment because of conviction in this country of any crime involving moral turpitude committed at any time after entry; any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute; any alien who manages or is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes or where prostitutes gather, or who in any way assists any prostitute or protects or promises to protect from arrest any prostitute; any alien who shall import or attempt to import any person for the purpose of prostitution or for any other immoral purpose; any alien who, after being excluded and deported or arrested and deported as a prostitute or as a procurer, or as having been connected with the business of prostitution or importation for prostitution or other immoral purposes in any of the ways herein before specified shall return to and enter the United States; any alien convicted and imprisoned for a violation of any of the provisions of section four hereof; any alien who was convicted or who admits the commission prior to entry of a felony or other crime or misdemeanor involving moral turpitude; at any time within three years after entry, any alien who shall have entered the United States by water at any time or place other than as designated by immigration officials, or by land at any place other than one designated as a port of entry for aliens by the Commissioner General of Immigration, or at any time not designated by immigration officials, or who enters without inspection, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported:

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Provided, That the marriage to an American citizen of a female of the sexually immoral classes the exclusion or deportation of which is prescribed by this act shall not invest such female with United States citizenship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this act: Provided further, That the provision of this section respecting the deportation of aliens convicted of a crime involving moral turpitude shall not apply to one who has been pardoned, nor shall such deportation be made or directed if the court, or judge thereof, sentencing such alien for such crime, shall, at the time of imposing judgment or passing sentence or within thirty days thereafter, due notice having first been given to representatives of the State, make a recommendation to the Secretary of Labor that such alien shall not be deported in pursuance of this act; nor shall any alien convicted as aforesaid be deported until after the termination of his imprisonment: Provided further, That the provisions of this section, with the exceptions herein before noted, shall be applicable to the classes of aliens therein mentioned irrespective of the time of their entry into the United States: Provided further, That the provisions of this section shall also apply to the cases of aliens who come to the mainland of the United States from the insular possessions thereof: Provided further, That any person who shall be arrested under the provisions of this section on the ground that he has entered or been found in the United States in violation of any other law thereof which imposes on such person the burden of proving his right to enter or remain, and who shall fail to establish the existence of the right claimed, shall be deported to the place specified in such other law. In every case where any person is ordered deported from the United States under the provisions of this act or of any law or treaty the decision of the Secretary of Labor shall be final.

SEC. 20. That the deportation of aliens provided for in this act shall, at the option of the Secretary of Labor, be to the country whence they came or to the foreign port at which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such territory; or, if such aliens entered foreign contiguous territory from the United States and later entered the United States, or if such aliens are held by the country from which they entered the United States not to be subjects or citizens of such country, and such country refuses to permit their reentry, or imposes any condition upon permitting reentry, then to the country of which such aliens are subjects or citizens, or to the country in which they resided prior to entering the country from which they entered the United States. If deportation proceedings are instituted at any time within five years after the entry of the alien, such deportation, including one-half of the entire cost of removal to the port of deportation, shall be at the expense of the contractor, procurer, or other person by whom the alien was unlawfully induced to enter the United States, or if that can not be done, then the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this act, and the deportation from such port shall be at the expense of the owner or owners of such vessels or transportation lines by which such aliens respectively came, or, if that is not practicable, at the expense of the appropriation for the enforcement of this act. If deportation proceedings are instituted later than five years after the entry of the aliens, or, if the deportation is made by reason of causes arising subsequent to entry, the cost thereof shall be payable from the appropriation for the enforcement of this act. A failure or refusal on the part of the masters, agents, owners, or consignees of vessels to comply with the order of the Secretary of Labor to take on board, guard safely, and transport to the destination specified any alien ordered to be deported under the provisions of this act shall be punished by the imposition of the penalties prescribed in section eighteen of this act: Provided, That when in the opinion of the Secretary of Labor the mental or physical c dition of such alien is such as to require personal care and attendance, the said Secretary shall when necessary employ a suitable person for that purpose, who shall accompany such alien to his or her final destination, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accompanied alien is defrayed. Pending the final disposal of the case of any alien so taken into custody, he may be released under a bond in the penalty of not less than $500 with security approved by the Secretary of Labor, conditioned that such alien shall be produced when required for a hearing or hearings in regard to the charge upon which he has been taken into custody, and for deportation if he shall be found to be unlawfully within the United States.

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