UNITED STATES DEPARTMENT OF LABOR, FRANCES PERKINS, Secretary IMMIGRATION AND NATURALIZATION SERVICE, D.W. MacCormack, Commissioner [2nd Series] • Lecture No. 31 • January 14, 1935 ENFORCEMENT OF IMMIGRATION LAWS IN RELATION TO INSULAR POSSESSIONS AND TERRITORIES By A. R. ARCHIBALD, District Director, Immigration and Naturalization Service, Baltimore, Md. INTRODUCTION Enforcement of the immigration laws and regulations in the insular possessions and Territories presents problems peculiar to themselves because of their political status under our Government and the predominating races of the inhabitants. These insular possessions include Hawaii, Puerto Rico, the Philippine Islands, the Virgin Islands of the United States, Guam, and American Samoa; although Hawaii is really a Territory, with a territorial government administered through the Department of the Interior, Alaska, on the mainland, is an organized Territory. The Panama Canal Zone (or Isthmian Canal Zone) is in effect an insular possession, although its status is exceptional. The immigration laws and regulations are administered in Hawaii and Puerto Rico by officers of the Immigration and Naturalization Service; in the Philippine Islands by the officers of that government; in the Virgin Islands by the Governor of the Islands, responsible to the Secretary of the Interior, and modified as deemed necessary or desirable. In the Canal Zone immigration regulations are enforced by the Governor General, an officer of the Army. In Guam and American Samoa the respective Governors, officers of the Navy, have promulgated regulations on the subject. Under the basic Immigration Act of February 5, 1917, (note 1) the definition of the United States includes any waters, territory, or other place subject to its jurisdiction, except the Isthmian Canal Zone. Citizens of the islands under the jurisdiction of the United States are expressly excepted from the definition of "alien", to whom the act alone applies. Under the Immigration Act of 1924 (note 2) the term "United States", when used in a geographical sense, includes the Territories of Alaska and Hawaii and the insular possessions of Puerto Rico and the Virgin Islands, which signifies that none of the documents required by that law is necessary for aliens coming from one of these Territories or possessions to the mainland, or to another of the Territories or possessions named. In this act the Philippine Islands were not included in the geographic definition of the United States, but, notwithstanding, the term "alien" would not include citizens of the islands under the jurisdiction of the United States. So far as citizens of the Philippine Islands who are not also citizens of the United States are concerned, the above noted exceptions were removed by section 8 of the act approved March 24, 1934, (note 3) to provide for the complete independence of the Philippine Islands and for other purposes. Such persons are now considered as though they were aliens, the Philippine Islands as a separate country with an annual quota of 50, and all immigration laws except section 13(c) of the 1924 act now apply to these citizens. A distinction is made between Philippine citizens coming to continental United States or to Hawaii. In addition to the Philippine citizens mentioned above, alien residents of the insular possessions of the Territory of Hawaii are subject to the provisions of the act of 1917 when coming from one insular possession to another or to continental United States. Head tax, however, is not assessable against residents or citizens of any possession of the United States, other than Philippine citizens who are now chargeable under the recent act mentioned, with exception of a certain class going to Hawaii. Section 12 of the 1917 law also requires arrival and departure manifests for travel from these possessions to continental United States, or departures therefrom to the possessions. Under rule 7 of the Immigration Rules of January 1, 1930, a crew list must be furnished upon arrival in continental United States from the Canal Zone or any insular possessions or in one insular possession from another. |