Immigration and Naturalization

Under the Constitution, Congress is given the power over both immigration and naturalization. In order to determine their fitness to enter the United States, each immigrant, on his arrival, is subjected to a physical and mental examination by officers of the Public Health Service. Under the immigration act the following classes of persons are excluded from entering the United States: Idiots. Insane. Epileptics. Paupers and persons likely to become a public charge. Professional beggars. Persons suffering from tuberculosis or other dangerous or loathsome contagious diseases. Persons physically or mentally so defective as to be unable to making a living. Persons convicted of a crime or misdemeanor involving moral turpitude, Polygamists. Anarchists. Women or girls imported for immoral purposes and persons aiding in their importation. Contract laborers - that is, those induced to migrate by offers or promise of employment or by agreement, except artists and professional men. Children under 16 years of age unaccompanied by their parents. With certain exceptions no alien ineligible to citizenship is admissible to the United States. All aliens brought into the country in violation of the law are, if possible, immediately sent back to the country whence they came on the vessel bringing them, at the expense of the vessel owners. There is also a heavy fine upon the transportation company or vessel owner for unlawfully introducing immigrants into the United States Because of the great influx of nonassimilable people, which tended to lower American standards of living, and to better develop a homogenous body politic, Congress, in 1923, passed the immigration restriction act. The abnormal immigration to America is shown in the census returns of 1900, 1910, and 1920, as follows: 1900 ---------------------------------------------------------- 3,687,564 1910 ---------------------------------------------------------- 8,795,386 1920 ---------------------------------------------------------- 5,735,811 The law governing immigration provides that the annual quota from each country until July 1, 1927, is 2 per cent of the number of foreign-born persons of such nationality resident in continental United States as shown by the 1890 census, but the minimum quota of any nationality shall be 100. The quota for each fiscal year thereafter will be based on a total immigration of 150,000. The annual quota of any nationality for the fiscal year beginning July 1, 1927, and for each fiscal year thereafter, shall be a number which bears the same ratio to 150,000 as the number of inhabitants in continental United States in 1920 having that national origin (ascertained as hereinafter provided in this section) bears to the number of inhabitants in continental United States in 1920, but the minimum quota of any nationality shall be 100. - Immigration laws, 1927. Under the Articles of Confederation the power of naturalization was in the States, thereby creating confusion through the lack of uniformity in conferring citizenship. The authority for naturalization is to be found in the Constitution and Federal laws. The Constitution has accordingly, with great propriety * * * authorized the General Government to establish a uniform rule of naturalization throughout the United States. - Madison. Constitution, Article I, Sect. 8, Para. 4; Fourteenth Amendment. Naturalization Laws. Under the Constitution two methods of naturalization have grown up: (1) By the general act of Congress conferring citizenship upon a whole class of persons, such as tribes of Indians, and the inhabitants of a new territory, like Hawaii, acquired by the United States. (2) The general and more usual method is prescribed by the Revised Statutes, which requires the fulfillment of certain conditions before final admission into citizenship. R. S. 3S1. Oath renouncing foreign allegiance and to support constitution and laws. - He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly by name to the prince, potentate, State, or sovereignty of which he was before a citizen or subject; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same. - June 29, 1906, ch. 3592, sec. 4. 34 Stat. 596. R. S. 382. Evidence of residence, character, and attachments to principles of Constitution; evidence of witnesses. - It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States, five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record. - June 29, 1906, ch. 3592, sec. 4, 34 Stat. 596.