National origins provision of immigration law

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Monograph

Identifikator:: 1796380105

URN:: urn:nbn:de:zbw-retromon-196168

Document type:: Monograph

Title:: National origins provision of immigration law

Place of publication:: Washington

Publisher:: Gov. Pr. Off.

Year of publication:: 1929

Scope:: III, 171 S

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

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Title:: Statement of John B. Trevor, National Immigration Restriction Conference, New York City

Collection:: Economics Books

NATIONAL ORIGINS PROVISION OF IMMIGRATION LAW 49 United States in 1890, as estimated by such officials jointly, shall be considered for the purposes of subdivision (a) of section 11 as having been determined by the Uniied States census of 1890. In the case of a colony or dependency existing before 1890, but for which a separate enumeration was not made in the census of 1890 and which was not included in the enumeration for the country to which such colony or dependency belonged, or in the case of territory administered under a protectorate, the number of individuals born in such colony, dependency, or territory, and resident in continental United States in 1890, as estimated by such officials jointly, shall be considered for the purposes of subdivision (a) of section 11 as having been determined by the United States census of 1890 to have been born in the country to which such colony or dependency belonged or which administers such protectorate. (¢) In case of changes in political boundaries in foreign countries occurring subsequent to 1890 and resulting in the creation of new countries, the Govern- ments of which are recognized by the United States, or in the establishment of self-governing dominions, or in the transfer of territory from one country to another, such transfer being recognized by the United States, or in the surrender by one country of territory, the transfer of which to another couniry has not been recognized by the United States, or in the administration of territories under mandates, (1) such officials, jointly, shall estimate the number of indi- viduals resident in continental United States in 1890 who were born within the area included in such new countries or self-governing dominions or in such ter- vitory so transferred or surrendered or administered under a mandate, and revise (for the purposes of subdivision (a) of section 11) the population basis as to each country involved in such change of political boundary, and (2) if such changes in political boundaries occur after the determination provided for in subdivision (ec) of section 11 has been proclaimed, such officials, jointly, shall revise such determination, but only so far as necessary to allot the quotas among the countries involved in such change of political boundary. For the purpose of such revision and for the purpose of determining the nationality of an immi- grant, (A) aliens born in the area included in any such new country or self- governing dominion shall be considered as having been born in such country or dominion, and aliens born in any territory so transferred shall be considered as having been born in the country to which such territory was transferred, and (B) territory so surrendered or administered under a mandate shall be treated as a separate country. Such treatment of territory administered under a mun- date shall not constitute consent by the United States to the proposed mandate where the United States has not consented in a treaty to the administration of the territory by a mandatory power. Mr. Trevor. These subsections, as I have just said, demonstrate the fact that the 1890 census system is an estimate and not based upon definite or precise statistics, as has been suggested by the proponents of Senator Nye’s resolution, both in Senate—I do not wish to infringe upon the prerogatives of the body in any way, but I feel the Senators will correct me if I am wrong—-— Senator Rerp, I think that statement has been made many times, as charged, that the national origins basis is unconstitutional. Mr. Trevor. If my recollection, Senator, is correct, Senator Ship- stead in his testimony before this committee one or two years ago, raised the question as to constitutionality. I am dealing with it merely because it is one of the arguments that has been disseminated respecting this law, and I do not like to take too much of your, time, but in order to present the matter adequately—— The CuarrmaN. Unless some other member of the committee de- sires to hear you upon that subject, personally I do not, because I think Congress has a right to do as it sees fit on that point. Mr. Trevor. That is my opinion. Possibly reading an opinion taken from Cooley on Constitutional Limitations, which seems to me to support that proposition—I merely do that for my own—— The Cuamrman. Pardon me. We may curtail this part of the dis- cussion. Senator Nye, do you attack the constitutionality ?

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