GUAM Citizens of this island are exempt from the operation of the Immigration Act of 1917, and exemption from head-tax payment extends also to residents thereof. Guam is excluded from the definition of the "United States" in the Immigration Act of 1924, and aliens coming therefrom to the mainland or to an insular possession included within such definition, or to the Philippine Islands, must be provided with the applicable passport or immigration visa issued by the Governor, the official designated by Executive order (note 35) to issue such documents. Aliens entering Guam do not require any documents mentioned in the act of 1924. The Governor of the island has appointed a commissioner of immigration, who enforces a law promulgated in 1931 regulating admission. An applicant for entry must demonstrate a reason for desiring residence in Guam and furnish the name of at least one resident who can vouch for his good character. The commissioner is required to note on the manifest he prepares the desirability or undesirability of the immigrant as a resident of Guam. The excludable classes comprise the more important ones found in section 3 of the Immigration Act of 1917, together with all persons prohibited by American law from entering any possession of the United States. A person may be excluded on the ground that he will make an undesirable resident, and deportation may be effected within 3 years of entry. A violation of any provision of the law entails a fine not exceeding $500, or imprisonment not exceeding 1 year, or both. AMERICAN SAMOA This possession was acquired by the United States in 1900, consequent upon the treaty of 1899, to which the United States, Germany, and Great Britain were parties. It has been construed as permitting free travel by native Samoans between the German islands (now a mandate of New Zealand) and the American islands of the group. Samoa is outside the definition of the "United States" in the Immigration Act of 1924, and the Governor, an officer of the Navy, has been designated by the President under section 28 (e) thereof to issue passport or immigration visas to aliens destined to the United States as defined in the act, or to the Philippine Islands. ISTHMIAN CANAL ZONE The Isthmian Canal Zone, variously referred to by that name, the Canal Zone, or Panama Canal Zone, is not included within the definition of the United States in either the Immigration Acts of 1917 or 1924. Aliens coming thence to continental United States or any insular possession are subject to the applicable provisions of those laws and the regulations thereunder, including the payment of head tax. A vessel or alien is held to be arriving in the United States from a foreign port or place when coming from the Canal Zone, if the vessel entered and cleared in the Zone. Therefore, manifests and crew lists are required, and this applies as well to vessels in the inter-coastal service between one coast and another, provided the vessel makes an entry and clearance in the Zone. Reshipping foreign, within the meaning of the immigration rules, includes ports of destination in the Canal Zone. The shipping commissioner visas without fee crew lists of vessels coming to the United States when alien seamen are signed on in the Zone, or this can be done with payment of the usual fee by American consuls at Panama or Colon, ports of the Republic of Panama, on either coast. By the current Executive order of June 30, 1932, and under the authority of section 28 (e) of the Immigration Act of 1924, the executive secretary of the Panama Canal is authorized to issue immigration visas to aliens coming to the United States from the Canal Zone; and obviously he is authorized to issue passport visas or transit certificates. The Immigration Act of 1917 does not apply to the Canal Zone, but by Executive order many classes of persons are excluded, both aliens and American citizens. Wide powers are given in this connection, and persons are forbidden entry whose purpose in coming is to incite insurrection, and all others whose presence in the judgment of the Governor would be a menace to the public health and welfare of the Zone, or would tend to create public disorder or obstruct the operation and maintenance of the Canal. Penalty for violations is a fine not to exceed $500 or imprisonment not to exceed 1 year, or both. Safeguards and exceptions are provided for persons of the excludable classes who may desire merely to pass in transit through the Zone, and Chinese members of crews of vessels may be discharged under authority of the Governor provided a bond not to exceed $500 is furnished for each alien, guaranteeing departure or reshipment within a specified time. No Chinese laborers other than seamen are allowed to enter or remain in the Zone, the stated purpose being to prevent entry through the Zone to the Republic of Panama of persons of this race prohibited from entering that country. |