T5 B47 Immigration History- Entire Contents- Us History- Reference Materials- 1st Pgs For Reference- Fair Use 305

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D U.S. STATUTES AT LARGE 47 Cong. Ch. 376; 22 Stat. 214

UNITED STATES STATUTES AT LARGE 47TH CONGRESS - 1ST SESSION Copyright 2003, Potomac Publishing Company, Inc.

PUBLIC LAW IMMIGRATION IMMIGRANT FUND ACT

AUG. 3, 1882 47 Cong. Ch. 376; 22 Stat. 214

AN ACT To regulate immigration. Retrieve PDF Version «• (PDF - 194K)

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D U.S. STATUTES AT LARGE 49 Cong. Ch. 221; 24 Stat. 415

UNITED STATES STATUTES AT LARGE

49TH CONGRESS - 2ND SESSION Copyright 2003, Potomac Publishing Company, Inc. PUBLIC LAW OWNERSHIP OF IMPORTED MERCHANDISE FEB. 23, 1887

49 Cong. Ch. 221; 24 Stat. 415 AN ACT To amend section three thousand and fifty-eight of the Revised Statues. Retrieve PDF Version * (PDF - 178K1

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1084 March 3,18«.

FIFTY-FIRST CONGRESS. SESS.-H .On. 550,551: 1891. CHAP. 550. An act to revise the wages of certain employees in the Government Printing Office.

Be it enacted by the^ Senate and House of Representatives of Hie Public printing. United States of America in Congress assembled, That the pay of all Pay for night work, the employees of the Government Printing Office engaged on tdght government printing work ^6tween ^ hours of five o'oiock postmeridian and eight o'clock antemeridian) shall be twenty per centum in addition to the amount paid for day labor. SEC. 2. That all acts and parts of acts conflicting herewith art hereby repealed. Approved, March 3, 1891. March 3,1891.

CHAP. 551.—An act in amendment to the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor.

Be it enacted by the Senate and House of Representatives of. the Alien labor ittimi- United States of America in Congress assembled, That the following

e"^011-

classes of aliens shall be excluded from admission into the "United

classes denied ad- States, in accordance with the existing acts regulating immigration, ndsfflon' other-than those concerning Chinese laborers: All idiots, insane persons, paupers or persons likely to become a public charge, persons suffering from a loathsome or a dangerous contagious disease, persons who have been convicted of a felony or other infamous crime Assisted immigrants, or misdemeanor involving moral.turpitude, pplygamists, and also any person whose ticket or passage is paid for with the money of another or who is assisted by others to come, unless it is affirmatively and satisfactorily shown on special inquiry that such person does not beunder contract. iollg to one of the foregoing excluded classes, or to the class of eonVOL as., p. 834. tract laborers excluded by the act of February twenty-sixth, eighteen hundred and eighty-five, but this section shall not be held to exclude Relatives. persons living in tie United States from sending for a relative or friend who is not of the excluded classes under such regulations as proviso, the Secretary of the Treasury may prescribe: Provided, That nothing in this act shall be construed to apply to or exclude persons conFouticaioffanderB. victed of a politic'al offense, notwithstanding said political offense may be designated as a "felony, crime, infamous crime, or misdemeanor, involving moral turpitude " by the laws of the land whence he came or by the court convicting. compromise of suits. SEC. 2. That no suit or proceeding for'violations of said act of February twenty-sixth, eighteen hundred and eighty-five, prohibiting the importation and migration of foreigners under contract or agreement to perform labor, shall be settled, compromised, or discontinued without the consent of. the court enterea of record with masons therefor. SBC. 3. That it shall be deemed a violation of said act of February renty-sixth, eighteen hundred and eighty-five, to assist or encourage e importation or migration of any alien by promise of employment rough advertisements printed and published in any foreign country; 1 any alien coming to this country in consequence of such an ad•tisement shall be treated as coming under a contract as contemted by such act; and the penalties by said act imposed shall be licable in such a case: Provided This section shall not apply to •«s and Immigration Bureaus of States advertising the mducets they offer for immigration to such States. 1C.' 4. That no steamship or transportation company or owners issels shall directly, or through agents, either by writing, printer oral representations, solicit, invite or encourage the immi3n of any alien into the United States except by ordinary comal letters, circulars, advertisements, or oral representations, g the sailings of their vessels and the terms and facilities of lortatdon therein; and for a violation of this provision any such

774

FITTY-THIRD CONGKRESS. SESS. HI. OH. 177.

1895.

special watchmen, at seven hundred and twenty dollars each; one foreman of laborers, one thousand dollars; one skilled laborer, male, at eight hundred and forty dollars; three skilled laborers, male, at seven hundred and twenty dollars each; twenty-six laborers; ten laborers, at five hundred dollars each ; one laborer, four hundred and eighty dollars; two laborers, at three hundred and sixty dollars each; ninetycaunet shop. charwomen; one foreman of cabinet shop, one thousand five hundred dollars; one draftsman, one thousand two hundred dollars; eleven cabinetmakers, at one thousand dollars each; one cabinetmaker, seven hundred and twenty dollars; one carpenter, one thousand dollars; one Bailing, carpenter's helper, six hundred and sixty dollars. For the Winder Building: One engineer, one thousand dollars; conductor of elevator, seven hundred and twenty dollars ; one fireman ; four watchmen ; three laborers, one of whom, when necessary, shall assist and relieve the conductor of the elevator; one laborer, four hundred and eighty dollars; and six charwomen ; in all, one hundred and sixty-seven thousand six hundred and eighty dollars. Bookkeeping and Division of bookkeeping and warrants: For chief of division, three arrants vision. thousand five hundred dollars; assistant chief of division, two thousand four hundred dollars; estimate and digest clerk, two thousand two hundred and fifty dollars; two principal bookkeepers, at two thousand one hundred dollars each ; ten bookkeepers, at two thousand dollars each; ten clerks of class four; five clerks of class three; three clerks of class one; one messenger; one assistant messenger; and one laborer; in all, sixty-four thousand one hundred and seventy dollars. customs division. Division of customs: For chief of division, two thousand seven hundred and fifty dollars; assistant chief of division, two thousand dollars; three clerks of class four; additional to one clerk of class four acting as drawback clerk, two hundred dollars; two clerks of class three; two clerks of class two; two clerks of class one; two clerks, at one thousand dollars each; three clerks, nt nine hundred dollars each; and two assistant messengers; in. all, twenty -four thousand eight hundred and ninety dollars. .Appointment di Division of appointments : ~For chief of division, two thousand seven 8Km' hundred and fifty dollars : assistant chief of division, two thousand dollars; one "clerk of class four; two clerks of class three; two clerks of class two; one clerk of class one; three clerks, at one thousand dollars each; three clerks, at nine hundred dollars each; two assistant messengers; and one laborer; in all, twenty-one thousand five hundred and fifty dollars. Public moneys Division o£ public moneys : For chief of division, two thousand five sion. hundred dollars; assistant chief of division, two thousand dollars; four clerks of class four; three clerks of class three; two clerks of class two; one clerk of class one; one . elerk, one thousand dollars; one clerk, nine hundred dollars; one messenger; one assistant messenger; and one laborer, five hundred and fifty dollars; in all, twentyfour thousand five hundred and ten dollars. Loan division. Division of loans and currency : For chief of division, two thousand five hundred dollars; one assistant chief of division, at two thousand one hundred dollars; six clerks of class four; additional to two clerks of class four as receiving clerk of bonds and bookkeeper, one hundred dollars each; two clerks of class three; two clerks of class two; two clerks of class one; two clerks, at one thousand dollars each; thirteen clerks, at nine hundred dollars each; one copyist, eight hundred and forty dollars; one messenger; two assistant messengers; six laborers; superintendent of paper room, one thousand two hundred dollars; one paper cutter, a.t three dollars per day; one paper counter, seven hundred and twenty dollars; twenty-four paper counters and laborers, at six hundred and twenty dollars each; in all, sixty-two thousand five hundred and twenty-two dollars. Revenue-Cutter Division of Revenue-Cutter Service: For assistant chief of division, division. two thousand dollars; one clerk of class four; four clerks of class laborers.

Search - 1 Result - § 1551. Immigration and Naturalization Service

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Source: Legal > Federal Legal - U.S. > United States Code Service (USCS) Materials > United States Code Service Titles 1 through 50 7 TOG: United States Code Service - Titles 1 through 50 > /. ../ > ORGANIZATION >§1551. Immigration and Naturalization Service

8 USCS § 1551 UNITED STATES CODE SERVICE

Copyright (c) 2004 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L 108-261, APPROVED 6/25/04 *** TITLE 8. ALIENS AND NATIONALITY CHAPTER 13. IMMIGRATION AND NATURALIZATION SERVICE ORGANIZATION

* GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

8 USCS § 1551 (2004) § 1551. Immigration and Naturalization Service There is created and established in the Department of Justice an Immigration and Naturalization Service. HISTORY:

(Feb. 14, 1903, ch 552, § 4, 32 Stat. 826; June 29, 1906, ch 3592, § 1, 34 Stat. 596; March 4, 1913, ch 141, § 3, 37 Stat. 737.) HISTORY; ANCILLARY LAWS AND DIRECTIVES

Explanatory notes: This section is in the language of the compilers of the 1976 Edition of the United States Code, on authority of Acts, Ex. Or. No. 6166 § 14, of June 10, 1933 and Reorg. Plan No. V, of June 14, 1940, 54 Stat. 1238. For status of United States Code as evidence of the law, see 1 USCS §5 112 and 204 and notes thereunder. This section was formerly classified to 5 USCS § 342 prior to the general revision and enactment of Title 5, by Act Sept. 6, 1966, P.L. 89-554, § 1, 80 Stat. 378. By Acts Aug. 3, 18§2, ch 376, §§ 2, 3, 22 Stat. 214, and Feb 23, 1887, ch 220, 24 Stat. 415, the administration of the immigration laws then in force was reposed in the Secretary of L the Treasury. Subsequently, by Act March 3, 1891, ch 551, § 7, 26 Stat. lOsty, the office of q/the Superintendent of Immigration was created as a permanent immigration agency and he ^T in turn was designated Commissioner General of Immigration under the heading "Bureau of V^Jmmigration" by Act March 2, 1895, ch 177, § 1, 28 Stat. 780. Upon the establishment of the L)epartment of Commerce and Labor, the Commissioner General of Immigration and the Bureau of Immigration were transferred to that Department by Act Feb. 14, 1903, ch 552, § 4, 32 Stat. 825, and thereafter were redesignated the Bureau of Immigration and Naturalization by Act June 29, 1906, ch 3592, § 1, 34 Stat. 596. The Bureau of Immigration and Naturalization was transferred to the Department of Labor upon its establishment by Act March 4, 1913, ch 141, 37 Stat. 736, and divided into two bureaus to be known as the Bureau of Immigration and the Bureau of Naturalization, respectively. Executive Order No. 6166, § 14, June 10, 1933, again consolidated these bureaus to form the Immigration and Naturalization Service, under a "Commissioner of Immigration and Naturalization," which was then transferred from the Department of Labor to the Department of Justice by 1940 Reorg.

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- 1 Result - § 1552. Commissioner of Immigration and Naturalization; office

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Source: Legal > Federal Lega[- U.S. > United States Code Service (USCS) Materials > United States Code Service Titles 1 through 50 jj TOC: United States Code Service - Titles 1 through 50 > /. . ./ > ORGANIZATION >§ 1552. Commissioner of Immigration and Naturalization; office 8 USCS § 1552

UNITED STATES CODE SERVICE

Copyright (c) 2004 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L. 108-261, APPROVED 6/25/04 *** TITLE 8. ALIENS AND NATIONALITY CHAPTER 13. IMMIGRATION AND NATURALIZATION SERVICE ORGANIZATION

* GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

8 USCS § 1552 (2004) § 1552. Commissioner of Immigration and Naturalization; office The office of the Commissioner of Immigration and Naturalization is created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer. The Attorney General shall provide him with a suitable, furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office as may be necessary. HISTORY:

(March 3, 1891, ch 551, § 7, 26 Stat. 1085; March 2, 1895, ch 177, § 1, 28 Stat. 780; April 28, 1904, No. 34, 33 Stat. 591; March 4, 1913, ch 141, § 3, 37 Stat. 737; Feb. 5, 1917, ch 29, § 23, 39 Stat. 892; March 3, 1917, ch 163, § 1, 39 Stat. 1118; March 28, 1922, ch 117, Title II, 42 Stat. 486; Jan. 5, 1923, ch 24, Title II, 42 Stat. 1127; June 27, 1952, ch 477, Title IV, § 403(a)(4), 66 Stat. 279.) HISTORY; ANCILLARY LAWS AND DIRECTIVES

Explanatory notes: This section is in the language of the compilers of the 1976 Edition of the United States Code on authority of acts, Ex. Or. No. 6166, § 14, of June 10, 1933 and Reorg. Plan No. V, of June 14, 1940, 54 Stat. 1238. For status of United States Code as evidence of the law, see I USCS §5 112 and 204 and notes thereunder. This section was formerly classified to 5 USCS § 342b prior to the general revision and enactment of Title 5, by Act Sept. 6, 1966, P.L. 89-554, § 1, 80 Stat. 378. Ex. Ord. No. 6166, § 14, June 10, 1933, set out as a note under 5 USCS S 901. consolidated the two formerly separate bureaus known as the Bureau of Immigration and the Bureau of Naturalization to form the Immigration and Naturalization Service under a Commissioner of Immigration and Naturalization, which was subsequently transferred from the Department of Labor to the Department of Justice by 1940 Reorg. Plan No. V, effective June 14, 1940, 5 Fed. Reg. 2223. 54 Stat. 1238, set out as 5 USCS 5 903 note. See explanatory notes set out under 8 USCS § 1551. Amendments: 1952. Act June 27, 1952 repealed the second & fourth sentences of Act March 3, 1891, § 7,

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Colonial Immigration Laws 1700-1800

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Immigration Laws 1700-1800 Colonial Authority • Colonial Attitudes • Founding Fathers' Attitudes • Federal Authority Legislative History Index • Legislative History Sources

Colonial Period: Legal Authority over Immigration The issue of immigration and expansion westward became more and more important to the political leaders of the thirteen colonies. In 1763, King George III, based on advice from his ministers, issued a proclamation that "until further notice no colonial government could grant, and no white man take, land beyond the sources of rivers that flow into the Atlantic." (Morison 1972, 249) British leaders were motivated to prevent further westward expansion because they wanted pioneers to settle in areas that were under the influence of the British government rather than out in the distant regions of the American wilderness where they would be free to rely on their own colonial rules and laws. (Morison 1972, 249) The importance of this proclamation can be seen in the Declaration of Independence. In the Declaration of Independence the founding fathers grievances against King George III included his denial to allow immigrants and colonists the opportunity to migrate westward. Item 7 of the Declaration of Independence states that [King George III] "has endeavored to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands." The founding fathers felt strong enough about King George's Proclamation of 1763 that prevented further westward expansion that they listed it as one of the grievances against the king. Back to Top

Colonial Attitudes toward Immigration The Colonial attitude toward immigration was contradictory. On the one hand, the colonial leaders encouraged immigrants to come to the new world for several reasons. New immigrants could alleviate the chronic labor shortage, develop new resources, and increase the revenues of colonial government. In addition, immigrants could also help protect the colony against attacks from the French and Indians. Colonial laws were enacted to encourage immigrants to come the new colonies. Liberal land grants, the headright system, and exemption from taxes and debts made it easier for immigrants to settle in the new colonies. However, even with these needs, most of the colonies did not establish a open arms immigration policy. In most of the colonies, certain groups of immigrants were generally not welcome. The group targeted by most of the colonies were the Roman Catholics. Maryland was one of the few colonies that encouraged Roman Catholic immigration. Most of the colonies "levied discriminatory head taxes upon ship captains landing Roman Catholics, and even the colonies which attempted to promote immigration were careful to specify that only Protestants could qualify for the bounties or other inducements offered." (Jones 1960, 42) Likewise, the poor were discouraged from immigrating to the colonies and as we have seen convicted felons and convicts were not welcomed to the colonies as well.

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7/2/2004

Records of the Immigration and Naturalization Service

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Free Trials

Contact U'

< UFA Publications < Immigration

Research Collections in American Immigration

Records of the Immigration and Naturalization Service Editorial Adviser: Alan M. Kraut, Professor of History, The American University "These exciting and significant collections provide an excellent archival base for scholars of immigration and the students they teach. Students of women's history, the history of sexuality, and immigration history will want to consult the INS records in Parts 4 and 5. The collections contain information that is consistent with new research trends in each of these fields, and make it possible for researchers to use that information."

Order information RECORDS OF THE IMMIGRATION AND NATURALIZATION SERVICE

Series A: Subject Correspondence Files

Virginia Yans-McLaughlin, Professor of History, Rutgers University

Part 1: Asian Immigration and Exclusion, 1906-1913

Series A: Subject Correspondence Files

35mm microfilm (30 reels) with printed guide. ISBN 1-55655160-6.

The UPA series Records of the Immigration and Naturalization Service opens new avenues for research into America's peak immigration period. The records cover exhaustive investigations made by Immigration and Naturalization Service (INS) agents, as well as internal communications deliberating U.S. policies at the highest levels. They provide excellent opportunities for comparative international research. Series A of this collection, the Subject Correspondence Files, covers the central correspondence files of the Bureau of Immigration, the predecessor of the INS. This massive file records the administration of virtually every immigration issue during the time of the greatest influx of pre-World War I foreigners. The traditionally liberal American immigration policy was one of the most hotly debated political issues of the early 20th century. Seeing a plentiful supply of inexpensive labor, both industrialists and ethnic minorities fought to maintain liberal immigration policies. Organized labor, urban reformers, and others argued to curtail the flood of immigrants. The office of the commissioner of immigration had to contend with powerful forces on both sides of the debate, and this collection includes ample documentation of that struggle.

Supplement to Part 1: Asian Immigration and Exclusion, 1898-1941 35mm microfilm (16 reels) with printed guide. ISBN 1-55655605-5. Part 2: Mexican Immigration, 1906-1930 35mm microfilm (17 reels) with printed guide. ISBN 1-55655492-3. Part 3: Ellis Island, 19001933 35mm microfilm (18 reels) with printed guide. ISBN 1-55655541-5. Part 4: European Investigations, 1898-1936 35mm microfilm (10 reels) with printed guide. ISBN 1-55655587-3.

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^Search -100 Results - 1891 551

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Source: Legal > Federal Legal - U.S. > United States Statutes at Large 1 Terms: 1891 551 (Edit Search)

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D U.S. STATUTES AT LARGE 38 Cong. Ch. 246; 13 Stat. 385

UNITED STATES STATUTES AT LARGE 38TH CONGRESS - 1ST SESSION Copyright 2003, Potomac Publishing Company, Inc. PUBLIC LAW IMMIGRATION IMMIGRATION COMMISSION ACT AKA IMMIGRATION ACTS IMMIGRATION ACTS ALIEN IMMIGRATION ACTS AKA IMMIGRATION ACTS JULY 4, 1864 38 Cong. Ch. 246; 13 Stat. 385

AN ACT To encourage immigration. Retrieve PDF Version «• (PDF -

Amendments (Amending Laws with Popular Names): Immigration Commission Act aka Immigration Acts - Amended By: Passenger act, 1882. * 22 Stat. 186. Ch. 374. Aug. 2. 1882: Amendment at 22 Stat. 186 Alien labor immigration. * 26 Stat. 1084, Ch. 551, Mar. 3, 1891; Amendment at 26 Stat.

1084 Immigration. * 32 Stat. 1213, Ch. 1012. Mar. 3. 1903: Amendment at 32 Stat. 1213 Immigration. * 34 Stat. 898. Ch. 1134. Feb. 20. 1907: Amendment at 34 Stat. 898 Immigration Act. * 39 Stat. 874. Ch. 29. Feb. 5. 1917: Amendment at 39 Stat. 874 Immigration, readmission of aliens serving in armed forces. * 40 Stat. 634, Ch. 112, June 29. 1918: Amendment at 40 Stat. 634 Alien anarchists exclusion. * 40 Stat. 1012, Ch. 186, Oct. 16, 1918; Amendment at 40 Stat. 1012 Readmission of aliens having war service. * 40 Stat. 1014, Ch. 190, Oct. 19, 1918: Amendment at 40 Stat. 1014 Deportation of undesirable aliens. * 41 Stat. 593, Ch. 174, May 10, 1920; Amendment at 41 Stat. 593 Aliens, admission of illiterate women. + 41 Stat. 981, Ch. 243, June 5, 1920; Amendment at 41 Stat. 981 Anarchists, etc., excluded. * 41 Stat. 1008, Ch. 251, June 5, 1920; Amendment at 41 Stat.

1008 Alien immigration limited. * 42 Stat. 5, Ch. 8, May 19, 1921; Amendment at 42 Stat. 5 Immigration Act, 1924. * 43 Stat. 153. Ch. 190. May 26. 1924; Amendment at 43 Stat. 153 Deportation of certain aliens. * 50 Stat. 164, Ch. 181, May 14, 1937; Amendment at 50 Stat. 164

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""™"™Tf3/05/97 Committee on the Judiciary - Subcommittee Chair Smith Statement

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OPENING STATEMENT CHAIRMAN LAMAR SMITH SUBCOMMITTEE ON IMMIGRATION AND CLAIMS COMMITTEE ON THE JUDICIARY OVERSIGHT HEARING ON "CITIZENSHIP USA" MARCH 5,1997 Good morning. I want to thank Chairman Hastert for co-chairing this hearing and for the real service that he and the staff of the Subcommittee on National Security, International Affairs, and Criminal Justice have performed by investigating the allegations against the Administration's policies and practices on naturalization. In the waning months of the 104th Congress, when this investigation began, the Subcommittee on Immigration and Claims that I chair was occupied with negotiating the final Conference Report and securing the passage of the Illegal Immigration Reform and Immigrant Responsibility Act. While we provided assistance to the investigation, we could not be full partners. However, from today forward, my oar is in the water. I also look forward to consideration of any statutory changes that may be necessary to ensure that the events we examine today never occur again. Citizenship is the greatest honor our country can bestow. No award, medal, or commendation surpasses the simple dignity conferred when a former alien gains the privilege to say: "I am a citizen of the United States." This privilege is sought by millions of people around the world. It encompasses the right to travel freely, to hold virtually any public office, and to petition for the immigration of relatives. Most important, it empowers the new citizen with the right and responsibility to vote and thus to actively shape the future of the nation. Among the many difficult challenges faced by the INS, none is more important than making sure that this honor is bestowed only on those who deserve it. "Citizenship USA" was the Administration's initiative to promote naturalization and to process new applications. We are here today because, despite assurances to the contrary, more than 180,000 aliens were naturalized without having received complete background checks, resulting in the naturalization of substantial numbers of criminal aliens. We are here because, despite early warning signs, the INS failed to secure the integrity of the naturalization system before undertaking to naturalize more than a million new citizens in a single year. http://www.house.gov/judiciary/652.htm

7/28/2004

APPENDIX IMMIGRATION AND NATURALIZATION LEGISLATION 123.

ACT OF SEPTEMBER 30,1982 (96 Statutes-at-Large 1157)

Allowed admission as permanent residents to certain nonimmigrant aliens residing in the Virgin Islands.

124.

ACT OF OCTOBER 2,1982 (96 Statutes-at-Large 1186)

Greatly limited the categories of aliens to whom the Legal Services Corporation may provide legal assistance.

125.

ACT OF OCTOBER 22,1982 (96 Statutes-at-Large 1716)

Provided that children born of U.S. citizen fathers in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before enactment, may come to the United States as immediate relatives or as first or fourth preference immigrants.

126. IMMIGRATION REFORM AND CONTROL ACT OF NOVEMBER 6,1986 (IRCA) (100 Statutes-at-Large 3359)

Comprehensive immigration legislation: a. Authorized legalization (i.e., temporary and then permanent resident status) for aliens who had resided in the United States in an unlawful status since January 1, 1982 (entering illegally or as temporary visitors with authorized stay expiring before that date or with the Government's knowledge of their unlawful status before that date) and are not excludable. b. Created sanctions prohibiting employers from knowingly hiring, recruiting, or referring for a fee aliens not authorized to work in the United States. c. Increased enforcement at U.S. borders. d. Created a new classification of seasonal agricultural worker and provisions for the legalization of certain such workers. e. Extended the registry date (i.e., the date from which an alien has resided illegally and continuously in the United States and thus qualifies for adjustment to permanent resident status) from June 30, 1948 to January 1, 1972. f. Authorized adjustment to permanent resident status for Cubans and Haitians who entered the United States without inspection and had continuously resided in country since January 1, 1982. g.Increased the numerical limitation for immigrants admitted under the preference system for dependent areas from 600 to 5,000 beginning in fiscal year 1988. h.Created a new special immigrant category for certain retired employees of international organizations and their families and a new nonimmigrant status for parents and children of such immigrants. i. Created a nonimmigrant Visa Waiver Pilot program allowing certain aliens to visit the United States without applying for a nonimmigrant visa. j. Allocated 5,000 nonpreference visas in each of fiscal years 1987 and 1988 for aliens born in countries from which immigration was adversely affected by the 1965 act.

127. IMMIGRATION MARRIAGE FRAUD AMENDMENTS OF NOVEMBER 10,1986 (100 Statutes-at-Large 3537)

Provisions: a. Stipulated that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove conditional status, the alien must apply within 90 days after their second-year anniversary of receiving conditional status. b. Required alien fiance(e)s of U.S. citizens to have met their citizen petitioner in person within two years of the date the petition was filed.

A.l-19

APPENDIX 3 GLOSSARY amended by the Immigration Reform and Control Act of 1986, aliens had to have been in the country continuously since June 30, 1948 to qualify. Required Departure — The directed departure of an alien from the United States without an order of deportation. The departure may be voluntary or involuntary on the part of the alien, and may or may not have been preceded by a hearing before an immigration judge. Data for a fiscal year cover the required departures verified in that fiscal year. Special Agricultural Workers (SAW) — Aliens who performed labor in perishable agricultural commodities or a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least 90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status. Eligible aliens who qualified under this requirement but applied after the 350,000 limit was met and aliens who performed labor in perishable agricultural commodities for at least 90 days during the year ending May 1, 1986 were eligible for Group II temporary resident status. Adjustment to permanent resident status is essentially automatic for both groups; however, aliens in Group I were eligible on December 1, 1989 and those in Group II were eligible one year later on December 1, 1990. Special Immigrants — Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992: persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion, their spouses and children; certain employees and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; certain aliens serving in the U.S. Armed Forces, their spouses and children; and religious workers, their spouses and children.

Special Naturalization Provisions — Provisions covering special classes of persons who may be A.3-10

naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of U.S. citizens to be naturalized in three years instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who served in the armed forces to file in any naturalization court instead of where he/she resides; 3) children of U.S. citizen parents to be naturalized without meeting the literacy or civics requirements or taking the oath, if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad. Stateless — Having no nationality. Stowaway — An alien coming to the United States surreptitiously on an airplane or vessel without legal status of admission. Such an alien is subject to denial of formal admission and return to the point of embarkation by the transportation carrier. Student — As a nonimmigrant class of admission, an alien coming temporarily to the United States to pursue a full course of study in an approved program in either an academic (college, university, seminary, conservatory, academic high school, elementary school, other institution, or language training program) or a vocational or other recognized nonacademic institution. Subject to the Numerical Cap — Categories of legal immigrants subject to annual limits under the provisions of the flexible numerical cap of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants. See Appendix 2 for a discussion of the limits. Suspension of Deportation — A discretionary benefit adjusting an alien's status from that of deportable alien to one lawfully admitted for permanent residence. Application for suspension of deportation is made during the course of a deportation hearing before an immigration judge. Temporary Protected Status (TPS) — Establishes a legislative base to the administrative practice of allowing a group of persons temporary refuge in the United States.

APPENDIX 3 GLOSSARY Immigration Marriage Fraud Amendments of 1986 — Public Law 99-639 (Act of 11/10/86), which was passed in order to deter immigration-related marriage fraud. Its major provision stipulates that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove their conditional status the immigrants must apply at an Immigration and Naturalization Service office during the 90-day period before their second-year anniversary of receiving conditional status. If the aliens cannot show that the marriage through which the status was obtained was and is a valid one, their conditional immigrant status is terminated and they become deportable. Immigration Reform and Control Act (IRCA) of 1986 — Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders. Industrial Trainee — See Temporary Worker. International Representative — As a nonimmigrant class of admission, an alien coming temporarily to the United States as a principal or other accredited representative of a foreign government (whether officially recognized or not recognized by the United States) to an international organization, an international organization officer or employee, and all above aliens' spouses and unmarried minor (or dependent) children. Intracompany Transferee — An alien, employed by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge. IRCA — See Immigration Reform and Control Act of 1986. Labor Certification — Requirement falling on certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services unavailable in the A.3-6

United States. Labor certification is awarded by the Secretary of Labor when there are insufficient numbers of U.S. workers available to undertake the employment sought by an applicant and when the alien's employment will not have an adverse effect on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work. Legalization Dependents — A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94. Legalized Aliens — Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982 or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government's knowledge of their unlawful status before that date. Legalization consists of two stages—temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government. Median Age — The age which divides the population into two equal-sized groups, one younger and one older than the median. Medical and Legal Parolee — See Parolee. Metropolitan Statistical Areas (MSAs) — The general concept of an MSA is one of a large population nucleus together with adjacent communities which have a high degree of social and economic integration with that nucleus. Tabulations in the Statistical Yearbook include Metropolitan Statistical Areas (MSAs), Primary Metropolitan Statistical Areas (PMSAs), and New England County Metropolitan Areas (NECMAs). MSAs

Data Overview Approximately 10.0 million immigrants were granted permanent resident status during the past 10 years (198796), including 1.6 million legalized aliens who initially entered the United States before 1982. In comparison, during the decade beginning in 1905, when immigration to the United States was at its highest level, admissions totaled 10.1 million. Although similar in number, arrivals expressed as rates of immigration relative to the total U.S. population during these two time periods are quite different. The average annual number of immigrants admitted from 1987-96 was 4.0 immigrants per thousand U.S. residents; the annual rate during 190514 was 11.1. Immigration to the United States reached its lowest point during the Great Depression; in some years during the 1930s more persons left the United States than entered. Immigration has generally increased since the end of

World War II, and during 1991 it reached the highest total ever recorded (Chart C) as a result of the legalization programs. The number of persons granted permanent resident status in 1992 and 1993 decreased to 974,000 and 904,000, respectively, principally due to decreases in the number of adjustments under the legalization provisions. The total number of immigrants in a fiscal year includes those who arrived from overseas with immigrant visas and those who completed adjustment to immigrant status during the year. New arrivals do not correspond exactly to visas issued overseas by the Department of State. Immigration in Fiscal Year 1996 The majority of immigrants enter the United States as immediate relatives of U.S. citizens or through the preference system, consisting of family-sponsored and employment-based immigrants. These categories combined accounted for 78 percent of all admissions in 1996.

Chart D Immigrants Admitted as Immediate Relatives of U.S. Citizens: Fiscal Years 1970-96 Thousands 180 n

160 -

1970 Source: Table 4.

18

1972 1974 1976 1978 1980 1982 1984 1986

1988 1990 1992 1994 1996

INTRODUCTION This edition of the Yearbook provides immigration data for 1996 along with related historical information. The major areas covered include: immigrants admitted for legal permanent residence; refugees approved and admitted; nonimmigrant admissions (e.g., tourists, students, etc.); aliens naturalized; and aliens apprehended and removed. The statistics for 1996 reflect a rise in immigration to the United States; an all-time high in the number of tourists to the United States; and an increase in the number of deportable aliens apprehended. Highlights for 1996 include: *

915,900 persons were granted legal permanent resident status in fiscal year 1996, an increase of more than 195,000 over the year before.

*

Mexico was the country of birth of 163,572 immigrants—the most of any country (18.0 percent). Nearly 34 percent of all immigrants were born in Asia.

*

Nearly two-thirds of all immigrants intended to reside in six states: California, New York, Florida, Texas, New Jersey, and Illinois.

*

More than one of five immigrants intended to reside in New York City or Los Angeles.

*

The republics of the former Soviet Union surpassed all other countries for refugee admissions with 29,536 (39.5 percent).

*

More than 24.8 million nonimmigrants were admitted—77 percent were tourists.

About one-half of all nonimmigrant admissions took place at four ports: Miami, New York, Los Angeles, and Honolulu. Nearly 427,000 nonimmigrants entered the United States as foreign students. Naturalizations increased to nearly 1.045 million—more than doubling the number in 1995. Nearly 50 percent of persons naturalizing during the 1981-96 period were born in Asia. The naturalization rates as of 1995 for immigrants admitted in 1977 range from Germany (16.8 percent) to the People's Republic of China (65.5 percent). Naturalization rates tend to be the highest for Asian, Eastern European, and African countries. Apprehensions of deportable aliens increased to 1.6 million—an 18-percent increase over 1995. Nearly 37,000 criminal aliens were removed during 1996. 11

Page 1 of2

Applications for Immigration Benefits

APPLICATIONS FOR IMMIGRATION BENEFITS Applications and petitions for immigration benefits in September 2001 decreased 3 percent compared to tt number received in September 2000. September approvals were down 6 percent, while denials increased by '< percent when compared to September 2000. For fiscal year 2001, receipts increased 34 percent, approve increased 18 percent, and pending cases increased by 39 percent when compared to fiscal year 2000.

Sep-2001 Initial Receipts1 Approved Denied Pending1

Month Sep-2006

%Ckaxge

FY2&&1 to Date

Fiscal Fear Ff 2066 to Date %Ou9g*

Total

565,838 476,327 43,032

583,710 504,095 35,159

-3 -6 22

7,333,338 5,606,705 460,844

5,483,792 4,734,328 353,479

34 18 30

5,483,7? 4,734,3: 353.41;

4,083,052

2,928,254

39

4,083,052

2,928,254

39

2,928,2:

Data Source: PAS G-22.2

1

Receipts and Pending do not reflect an estimated 22,500 I-485s filed but not data entered.

Applications for Benefits: Receipts, Approved, and Fending 4,600,000 Initial Receipts Approved

4,100,000

Pending •

3,600,000

100,000

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7/28/2004

Search - 1 Result - § 1252c. Authorizing state and local law enforcement officials to arres... Page 1 of 2 Source: Legal > Federal Legal - U.S. > United States Code Service (USCS) Materials > United States Code Service Titles 1 through 50 jj TOG: United States Code Service - Titles 1 through 50 > /. . . / > ADJUSTMENT AND CHANGE OF STATUS > § 1252c. Authorizing state and local law enforcement officials to arrest and detain certain illegal aliens

8 USCS § 1252C UNITED STATES CODE SERVICE Copyright (c) 2004 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L 108-261, APPROVED 6/25/04 *** TITLE 8. ALIENS AND NATIONALITY CHAPTER 12. IMMIGRATION AND NATIONALITY ADJUSTMENT AND CHANGE OF STATUS * GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION 8 USCS § 1252C (2004) § 1252c. Authorizing state and local law enforcement officials to arrest and detain certain illegal aliens (a) In general. Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who— (1) is an alien illegally present in the United States; and , (2) has previously been convicted of a felony in the United States/and deported or left the United States after such conviction, ^nzaJ but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States. (b) Cooperation. The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) is made available to such officials. HISTORY: (April 24, 1996, P.L. 104-132, Title IV, Subtitle D, § 439, 110 Stat. 1276.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: This section was enacted as part of April 24, 1996, P.L. 104-132, popularly known as the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of Act June 27, 1952, ch 477, 66 Stat. 163, popularly known as the Immigration and Nationality Act, which generally comprises this chapter. NOTES:

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7/2/2004

Search - 1 Result - § 1752. Staffing levels at ports of entry

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Source: Legal > Federal Legaj - U.S. > United States Code Service (USCS) Materials > United States Code Service Titles 1 through 50 i TOG: United States Code Service - Titles 1 through 50 > / . . . / > INSPECTION AND ADMISSION OF ALIENS > § 1752. Staffing levels at ports of entry

8 USCS § 1752 UNITED STATES CODE SERVICE

Copyright (c) 2004 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved ***_CJJRRENT THROUGH P.L 108-261, APPROVED 6/25/04 *** TITLE 8. ALIENS AND NATIONALITY CHAPTER 15. ENHANCED BORDER SECURITY AND VISA ENTRY REFORM INSPECTION AND ADMISSION OF ALIENS

* GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

8 USCS § 1752 (2004) § 1752. Staffing levels at ports of entry The Immigration and Naturalization Service shall staff ports of entry at such levels that would be adequate to meet traffic flow and inspection time objectives efficiently without compromising the safety and security of the United States. Estimated staffing levels under workforce models for the Immigration and Naturalization Service shall be based on the goal of providing immigration services described in section 286(g) of such Act [§ 286(g) of the Immigration and Nationality Act (8 USCS § 1356(q))] within 45 minutes of a passenger's presentation for inspection. HISTORY: (May 14, 2002, P.L. 107-173, Title IV, § 403(b), 116 Stat. 559.)

Source: Legal > Federal Legal - U.S. > United States Code Service (USCS) Materials > United States Code Service • Titles 1 through 50 j TOC: United States Code Service - Titles 1 through 50 > /. ../ > INSPECTION AND ADMISSION OF ALIENS > § 1752. Staffing levels at ports of entry View: Full Date/Time: Friday, July 2, 2004 - 3:12 PM EOT

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background

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INS and Airline Industry Relations Report Number 1-2000-020 September 2000

BACKGROUND The INS Inspections program administers and enforces immigration laws related to entry into the United States. INS inspects all persons seeking admission to or transiting through the United States to determine whether these individuals qualify for admission and, if so, the conditions under which they may enter the United States. In fiscal year (FY) 1999, INS inspected more than 75 million airline passengers at U.S. international airports. The three airports with the highest volume of international passengers - John F. Kennedy International Airport (JFK), Miami International Airport (Miami), and Los Angeles International Airport (LAX) - accounted for almost one-third of the passengers arriving at U.S. international airports. In 1990, Congress amended Section 286 of the INA to impose a limit of 45 minutes within which INS must complete the typical primary inspection of all passengers and crew on scheduled international commercial airline flights arriving at U.S. airports. If individual passengers require additional processing for any reason (for example, suspected fraudulent documents), a secondary inspection is performed. The secondary inspection is not included in the 45-minute limit. To meet its requirement for completing initial inspections at airports within 45 minutes, Inspections must balance the staff available against the numbers of passengers arriving at each U.S. international airport. INS uses some automated procedures to aid in completing inspections within the imposed time frame. For example, under the Advance Passenger Information System (APIS), widely used at the major airports, airlines send advance electronic data to INS to check passengers against available records before a flight arrives.-This process alerts INS to potential problems in advance and allows INS to inspect flights more quickly by referring certain passengers directly for a secondary inspection. A second automated process in more limited use is the INS Passenger Accelerated Service System (INSPASS). This system allows qualified passengers to bypass the regular inspection process and use a specially designated booth that electronically reads the passenger's handprint and a card previously issued to the passenger by INS. The INSPASS system is intended for use by qualified frequent travelers and is designed to reduce the passenger inspection processing time. To enroll in the system, a passenger must undergo prescreening and receive an INSPASS card from INS. Approximately 250 airlines bring passengers to the United States from foreign countries. Section 273(a)(l) of the INA makes it unlawful for a transportation company to bring any person to the United States who does not possess a valid passport and, if required, a valid visa. Under Section 273(b) of the INA, an airline is subject to a fine for bringing aliens to the United States without valid documents. Additionally, an airline that brings an improperly documented passenger to the United States is responsible for expeditiously transporting the passenger back to the country of origin. Both foreign and domestically owned airlines are required to screen passengers at foreign airports to prevent improperly documented aliens from boarding an aircraft bound for the United States. Typically, the screening includes an examination of the passenger's travel documents (e.g., passport and visa, if required) by an airline representative immediately prior to the passenger boarding an aircraft. Ideally, the airline representative will not allow a passenger to board the aircraft if the passenger's documents are found to be invalid because the documents have expired, are fraudulent, or are not complete. In this respect, the international airline industry serves as an

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6/8/2004