Speech #680075766

Pierre and Miquelon. and Greenland. It Is also to be noted that section 4 (c) applies only to residents of the countries named and makes no provision for persons born in these countries and citizens of them but residing abroad. In view of the fact that under section 11 (a). for the purposes of the act. nationality is to be determined by country of birth. it would appear that such persons would still be referred to the country of birth and yet could not come in as nonquota immigrants. This would apparently make necessary the establishing of quotas to cover such classes. but it is not clear that tbis is the intention of the measure. or. on the other hand. that there is any reason why such persons should not be able to come In as " nonquota Immigrants " as well as those who are described In section 4 (c). I therefore suggest that you consider amending section 4 (c) to read as follows: "(c) An immigrant who was born in or has resided continuously for at least 10 years immediately preceding the time of his application for admission to the United States In the Dominion of Canada. Newfoundland. the Republics of Mexico. Cuba. and laidt. the Dominican Republic. countries of Central America and of South America. colonies and dependencies of European countries in Central America. South America. the West Indies. or other islands adjacent to the American continents. and his wife. and his uninai. ied children under 18 years of age. if accompanying or following to Join him." I desire to invite your attention to the fact that under the provlsieus of section 6 (f) the only copy of the application for an immigration certlifcate is attached to the immigration certificate. and would therefore be delivered to the alien with the immigration ceytificate and surrendered to the immigration ofiler at the port of arrival iu the United States. This would leave the Government without a copy of the application and without any. record of the facts upon which the Immigration certificate was issued. It would seem that difficulties might arise on account of lost certificates or that copies of the applications might well be desired for use in prosecutions where false statements were made. or where the certificate was altered while in the Immigrants possession. I therefore believe that it would be desirable to provide that a copy of the application for an immigration certificate should be kept on file in the consular office. Section 8 (c) provides that if the commissioner general finds the facts stated in the petition to be true and the Immigrant is entitled to admission as a nonquota immigrant. he shall. through the Secretary of State. authorize the consular officer to issue an immigration certifleate. I consider it important that consular officers shall continue to be under the direction and control of the Department of State. and I assume that it is not the intention to divert this control. which is important in order that there may be retained for such officers the recognition which they should receive from the foreign governments concerned. I suggest the advisability. in order to avoid any possible question. of aumending section 8 (e) by striking out the words " he shall. through the Secretary of State. authorize the consular officer with whom the application for the immigration certificate has been filed to issue the immigration certificate" and by inserting in lieu thereof the following: " le shall inform the Secretary of State of his decision. and the Secretary of State shall then authorize the consular officer with whom the application for the immigration certificate has been filed to issue the immigration certificate." With regard to section 11 (a). I may state that some question has arisen under the present quota act whether the words " treating as separate countries tke colonies or dependencies for which. separate enumeration was made in the United States census " were sufficient to authorize the granting of a separate quota to Australia. which is a selfgoverning dominion under the British Empire. In order that this doubt may be removed. I suggest that In line 17. page 14. after the word " countries." the words " the selfgoverning dominions" be inserted. With respect to section 11 (a) (1). which provides that the nationality of a minor child accompanied by its alien parent not born in the United States shall be determined by the country of birth of such parent. if such parent is entitled to an immigration certificate. I may observe that in case the minor child is accompanied by both parents it is not clear whether the nationality of the minor child shall be determined by the place of birth of the father or of the mother. I suggest that the following provision be added: "If the minor child is accompanied by both parents Its nationality shall be determined by the country of birth of the father." With respect to section 11 (a) (2). I desire to invite attention to the fact that apparently this section creates a class of immigration certificates that are not to be counted as quota certificates and are also not issued as nonquota certificates. The issuance of such certificates may cause difficulties in the regulation of the number of inmigration certificates to be issued by consular officers. I believe that a more definite provision on this subject should be included in the act. Section 11 (b) incorporates provisions contained in the present quota act. In administering these provisions certain difficulties have arisen which I believe it would be advisable to remedy in the proposed legislation. as follows: Section II (b) (1) refers to changes in political boundaries in foreign countries occurring subsequent to 1890 and resulting in the creation of new countries. the governments of which are recognized by the United States. This provision does not deal with the establishment of a new selfgoverning dominion within the British Empire since 1890.