AMENDING THE IMMIGRATION AND NATIONALITY ACT, AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000100030001-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 59
• Document Creation Date: December 15, 2016
• Document Release Date: December 30, 2003
• Sequence Number: 1
• Publication Date: September 15, 1965
• Content Type: REPORT

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Calendar No. 733
89TH CoNaREss
1st Session
REPORT
No. 748
AMENDING THE IMMIGRATION AND NATIONALITY ACT,
AND FOR OTHER PURPOSES
Mr. KENNEDY of Massachusetts, from the Committee on the Judiciary,
submitted the following
REPORT
together with
MINORITY ADDITIONAL, AND SEPARATE VIEWS
[To accompany H.R. 2580]
The Committee on the Judiciary, to which was referred the bill
(H.R. 2580) to amend the Immigration and Nationality Act, and for
other purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute, and recommends
that the bill as amended do pass.
Strike all after the enacting cl'iause and insert in lieu thereof the
following :
That section 201 of the Immigration and Nationality Act (66 Stat. 175; 8 U.S.C.
1151) be amended to read as follows:
"SEc. 201. (a) Exclusive of special immigrants defined in section 101(a)(27),
and of the immediate relatives of United States citizens specified in subsection
(b) of this section, the number of aliens who may be issued immigrant visas or
who may otherwise acquire the status of an alien lawfully admitted to the United
States for permanent residence, or who may, pursuant to section 203(a)(7) enter
conditionally, (i) shall not in any of the first three quarters of any fiscal year
exceed a total of 45,000 and (ii) shall not in any fiscal year exceed a total of
170,000,
"(b) The `immediate relatives' referred to in subsection (a) of this section shall
mean the children, spouses, and parents of a citizen of the United States: Provided,
That in the ease of parents, such citizen must be at least twenty-one years of age.
The immediate relatives specified in this subsection who are otherwise qualified
for admission as immigrants shall be admitted as such, without regard to the
numerical limitations in this Act,
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2 AMENDING THE IMMIGRATION AND NATIONALITY ACT
"(c) During the period from July 1, 1965, through June 30, 1968, the annual
quota of any quota area shall be the same as that which existed for that area on
June 30, 1965. The Secretary of State shall, not later than on the sixtieth day
immediately following the date of enactment of this subsection and again on or
before September 1, 1966, and September 1, 1967, determine and proclaim the
amount of quota numbers which remain unused at the end of the fiscal year
ending on June 30, 1965, June 30, 1956, and June 30, 1967, respectively, and are
available for distribution pursuant to subsection (d) of this section.
"(d) Quota numbers not issued or otherwise used during the previous fiscal
year, as determined in accordance with subsection (c) hereof, shall be trans-
ferred to an immigration pool. Allocation of numbers from the pool and from
national quotas shall not together exceed in any fiscal year the numerical limita-
tions in subsection (a) of this section. The immigration pool shall be made
available to immigrants otherwise admissible under the provisions of this Act
who are unable to obtain prompt issuance of a preference visa due to oversub-
scription of their quotas, or subquotas as determined by the Secretary of State.
Visas and conditional entries shall be allocated from the immigration pool within
the percentage limitations and in the order of priority specified in section 203
without regard to the quota to which the alien is chargeable.
"(e) The immigration pool and the quotas of quota areas shall terminate
June 30, 1968. Thereafter immigrants admissible under the provisions of this
Act who are subject to the numerical limitations of subsection (a) of the section
shall be admitted in accordance with the percentage limitations and in the order
of riority specified in section 203."
Nnc. 2. Section 202 of the Immigration and Nationality Act (66 Stat. 175;
8 U.S.C. 1152) is amended to read as follows:
"(a) No person shall receive any preference or priority or be discriminated
against in the issuance of an immigrant visa because of his race, sex, nationality,
place of birth, or place of residence, except as specifically provided in section
101(a) (27), section 201(b), and section 203: Provided, That the total number of
immigrant visas and the number of conditional entries made available to natives
of any single foreign state under paragraphs (1) through (8) of section 203(a)
shall not exceed 20,000 in any fiscal year: Provided further, That the foregoing
proviso shall not operate to reduce the number of immigrants who may be admitted
under the quota of any quota area before June 30, 1968.
"(b) Each independent country, self-governing dominion, mandated territory,
and territory under the international trusteeship system of the United Nations,
other than the United States and its outlying possessions shall be treated as a
separate foreign state for the purposes of the numerical limitation set forth in the
proviso to subsection (a) of this section when approved by the Secretary of State.
All other inhabited lands shall be attributed to a foreign state specified by the
Secretary of State. For the purposes of this Act the foreign state to which an
immigrant is chargeable shall be determined by birth within such foreign state
except that (1) an alien child, when accompanied by his alien parent or parents,
may be charged to the same foreign state as the accompanying parent or of either
accompanying parent if such parent has received or would be qualified for an
immigrant visa, if necessary to prevent the separation of the child from the
accompanying parent or parents, and if the foreign state to which such parent has
been or would be chargeable has not exceeded the numerical limitations set forth
in the proviso to subsection (a) of this section for that fiscal year. (2) if an alien
is chargeable to a different foreign state from that of his accompanying spouse, the
foreign state to which such alien is chargeable may, if necessary to prevent the
separation of husband and wife, be determined by the foreign state of the accom-
panying spouse, if such spouse has received or would be qualified for an immigrant
visa and if the foreign state to which such spouse has been or would be chargeable
has not exceeded the numerical limitation set forth in the proviso to subsection (a)
of this section for that fiscal year; (3) an alien born in the United States shall be
considered as having been born in the country of which he is a citizen or subject,
or if he is not a citizen or subject of any country then in the last foreign country in
which he has his residence as determined by the consular officer; (4) an alien born
within any foreign state in which neither of his parents was born and in which
neither of his parents had a residence at the time of such alien's birth may he
charged to the foreign state of either parent.
"(c) Any immigrant born in a colony or other component or dependent area
of a foreign state unless a special immigrant as provided in section 101(a) (27) or
an immediate relative of a United States citizen as specified in section 201(b),
shall be chargeable, for the purpose of limitation set forth in section 202(a), to the
foreign state, except that the number of persons born in any such colony or other
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 3
component or dependent area overseas from the foreign state chargeable to the
foreign state in any one fiscal year shall not exceed 1 per centuin of the maximum
number of immigrant visas available to such foreign state.
"(d) In the case of any change in the territorial limits of foreign states, the
Secretary of State shall, upon recognition of such change, issue appropriate in-
structions to all diplomatic and consular offices."
SEC. 3. Section 203 of the Immigration and Nationality Act (66 Stat. 175;
8 U.S.C. 1153) is amended to read as follows:
"SEC. 203. (a) Aliens who are subject to the numerical limitations specified
in section 201(a) shall be allotted visas or their conditional entry authorized, as
the case may be, as follows:
"(1) Visas shall be first made available, in a number not to exceed 20 per
centurn of the number specified in section 201(x) (ii), to qualified immigrants
who are the unmarried sons or daughters of citizens of the United States.
"(2) Visas shall next be made available, in a number not to exceed 20 per
centum of the number specified in section 201 (a) (ii), plus any visas not required
for the classes specified in paragraph (1), to qualified immigrants who are the
spouses, unmarried sons or unmarried daughters of an alien lawfully admitted
for permanent residence.
"(3) Visas shall next be made available, in a number not to exceed 10 per
centum of the number specified in section 201(a) (ii), to qualified immigrants who
are members of the professions, or who because of their exceptional ability in the
sciences or the arts will substantially benefit prospectively the national economy,
cultural interests, or welfare of the United States.
"(4) Visas shall next be made available, in a number not to exceed 10 per
centum of the number specified in section 201 (a) (ii), plus any visas not required
for the classes specified in paragraphs (1) through (3), to qualified immigrants
who are the married sons or the married daughters of citizens of the United
States.
"(5) Visas shall next be made available, in a number not to exceed 24 per
centum of the number specified in section 201(a)(ii), plus any visas not required
for the classes specified in paragraphs (1) through (4), to qualified immigrants
who are the brothers or sisters of citizens of the United States.
"(6) Visas shall next be made available, in a number not to exceed 10 per
centum of the number specified in section 201 (a) (ii), to qualified immigrants who
are capable of performing specified skilled or unskilled labor, not of a temporary
or seasonal nature, for which a shortage of employable and willing persons exists
in the United States.
"(7) Conditional entries shall next be made available by the Attorney General,
pursuant to such regulations as he may prescribe and in a number not to exceed 6
per centum of the number specified in section 201(a)(ii), to aliens who satisfy an
Immigration and Naturalization Service officer at an examination in any non-
Communist or non-Communist-dominated country, (A) that (i) because of
persecution or fear of persecution on account of race, religion, or political opinion
they have fled (I) from any Communist or Communist-dominated country or
area, or (II) from any country within the general area of the Middle East, and
(ii) are unable or unwilling to return to such country or area on account of race,
religion, or political opinion, and (iii) are not nationals of the countries or areas in
which their application for conditional entry is made; or (B) that they are persons
uprooted by catastrophic natural calamity as defined by the President who are
unable to return to their usual place of abode. For the purpose of the foregoing
the term `general area of the Middle Last' means the area between and includin
(1) Libya on the west, (2) Turkey on the north, (3) Pakistan on the east, and (4)
Saudi Arabia and Ethiopia on the south: Provided, That immigrant visas in a
number not exceeding one-half the number specified in this paragraph may be
made available, in lieu of conditional entries of a like number, to such aliens who
have been continuously physically present in the United States for a period of at
least two years prior to application for adjustnent of status.
"(8) Visas authorized in any fiscal year, less those required for issuance to the
classes specified in paragraphs (1) through (6) and less the number of conditional
entries and visas made available pursuant to paragraph (7), shall be made avail-
able to other qualified immigrants strictly in the chronological order in which they
qualify. Waiting lists of applicants shall be maintained in accordance with regu-
lations prescribed by the Secretary of State. No immigrant visa shall be issued
to a nonpreference immigrant under this paragraph, or to an immigrant with a
preference under paragraph (3) or (6) of this subsection, until the consular officer
is in receipt of a determination made by the Secretary of Labor pursuant to the
provisions of section 212(a)(14).
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4 AMENDING THE IMMIGRATION AND NATIONALITY ACT
"(9) A spouse or child as defined in section 101(b) (1) (A), (B), (C), (D), or (E)
shall, if not otherwise entitled to an immigrant status and the immediate issuance
of a visa or to conditional entry under paragraphs (1) through (8), be entitled
to the same status, and the same order of consideration provided in subsection
Ml( if accompanying, or following to join, his spouse or parent.
` b) In considering applications for immigrant visas under subsection (a)
consideration shall be given to applicants in the order in which the classes of which
they are members are listed in subsection (a).
"(c) Immigrant visas issued pursuant to paragraphs (1) through (6) of sub-
section (a) shall be issued to eligible immigrants in the order in which a petition in
behalf of each such immigrant is filed with the Attorney General as provided in
section 204.
"(d) Every immigrant shall be presumed to be a nonpreference immigrant
until he establishes to the satisfaction of the consular officer and the immigration
officer that he is entitled to a preference status under paragraphs (1) through
(7) of subsection (a), or to a special immigrant status under section 101(a) (27),
or that he is an immediate relative of a United States citizen as specified in section
201(b). In the case of any alien claiming in his application for an immigrant
visa to be an immediate relative of a United States citizen as specified in section
201(b) or to be entitled to preference immigrant status under paragraphs 1
through (6) of subsection (a), the consular officer shall not grant sucstatus
until he has been authorized to do so as provided by section 204.
"(e) For the purposes of carrying out his responsibilities in the orderly ad-
ministration of this section, the Secretary of State is authorized to make reasonable
estimates of the anticipated numbers of visas to be issued during any quarter
of any fiscal year within each of the categories of subsection (a), and to rely upon
such estimates in authorizing the issuance of such visas. The Secretary of State,
in his discretion, may terminate the registration on a waiting list of any alien
who fails to evidence his continued intention to apply for a visa in such manner
as may be by regulation prescribed.
"(f) The Attorney General shall submit to the Congress a report containing
complete and detailed statement of facts in the case of each alien who conditionally
entered the United States pursuant to subsection (a) (7) of this section. Such
reports shall be submitted on or before January 15 and June 15 of each year.
"(g) Any alien who conditionally entered the United States as a refugee, pur-
suant to subsection (a) (7) of this section, whose conditional entry has not been
terminated by the Attorney General pursuant to such regulations as he may
prescribe, who has been in the United States for at least two years, and who has
not acquired permanent residence, shall forthwith return or be returned to the
custody of the Immigration and Naturalization Service and shall thereupon be
inspected and examined for admission into the United States, and his case dealt
with in accordance with the provisions of sections 235, 236, and 237 of this Act.
"(h) Any alien who, pursuant to subsection (g) of this section, is found, upon
inspection by the immigration officer or after hearing before a special inquiry
officer, to be admissible as an immigrant under this Act at the time of his inspection
and examination, except for the fact that he was not and is not in possession of the
documents required by section 212 (a) (20), shall be regarded as lawfully admitted
to the United States for permanent residence as of the date of his arrival."
SEC. 4. Section 204 of the Immigration and Nationality Act (66 Stat. 176;
8 U.S.C. 1154) is amended to read as follows:
"Sac. 204. (a) Any citizen of the United States claiming that an alien is en-
titled to a preference status by reason of the relationships described in paragraphs
(1), (4), or (5) of section 203(a), or to an immediate relative status under section
201(b), or any alien lawfully admitted for permanent residence claiming that an
alien is entitled to a preference status by reason of the relationship described in
section 203 (a) (2), or any alien desiring to be classified as a preference immigrant
under section 203(a) (3) (or any person on behalf of such an alien), or any person
desiring and intending to employ within the United States an alien entitled to
classification as a preference immigrant under section 203(a) (6), may file a petition
with the Attorney General for such classification. The petition shall be in such
form as the Attorney General may by regulations prescribe and shall contain
such information and be supported by such documentary evidence as the Attorney
General may require. The petition shall be made under oath administered by
any individual having authority to administer oaths, if executed in the United
States, but, if executed outside the United States, administered by a consular
officer.
"(b) After an investigation of the facts in each case, and after consultation
with the Secretary of Labor with respect to petitions to accord a status under
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 5
section 203(a) (3) or (6), the Attorney General shall, if he determines that the
facts stated in the petition are true and that the alien in behalf of whom the
petition is made is an immediate relative specified in section 201(b) or is eligible
for a preference status under section 203(a), approve the petition and forward
one copy thereof to the Department of State. The Secretary of State shall then
authorize the consular officer concerned to grant the preference status.
"(c) Notwithstanding the provisions of subsection (b) no more than two
petitions may be approved for one petitioner in behalf of a child as defined in
section 101(b) (1) (E) or (I") unless necessary to prevent the separation of brothers
and sisters and no petition shall be approved if the alien has previously been
accorded a nonquota or preference status as the spouse of a citizen of the United
States or the spouse of an alien lawfully admitted for permanent residence,
by reason of a marriage determined by the Attorney General to have been entered
into for the purpose of evading the immigration laws.
"(d) The Attorney General shall foward to the Congress a report on each
approved petition for immigrant status under sections 203(a)(3) or 203(a)(6)
stating the basis for his approval and such facts as were by him deemed to be
pertinent in establishing the beneficiary's qualifications for the preferential status.
Such reports shall be submitted to the Congress on the first and fifteenth day of
each calendar month in which the Congress is in session.
"(e) Nothing in this section shall be construed to entitle an immigrant, in
behalf of whom a petition under this section is approved, to enter the United
States as a preference immigrant under section 203(a) or as an immediate relative
under section 201(b) if upon his arrival at a port of entry in the United States he
is found not to be entitled to such classification."
SEC. 5. Section 205 of the Immigration and Nationality Act (66 Stat. 176;
8 U.S.C. 1155) is amended to read as follows:
"SEC. 205. The Attorney General may, at any time, for what he deems to be
good and sufficient cause, revoke the approval of any petition approved by him
under section 204. Such revocation shall be effective as of the date of approval
of any such petition. In no case, however, shall such revocation have effect
unless there is mailed to the petitioner's last known address a notice of the revoca-
tion and unless notice of the revocation is communicated through the Secretary of
State to the beneficiary of the petition before such beneficiary commences his
journey to the United States. If notice of revocation is not so given, and the
beneficiary applies for admission to the United States, his admissibility shall be
determined in the manner provided for by sections 235 and 236."
SEC. 6. Section 206 of the Immigration and Nationality Act (66 Stat. 181;
U.S.C. 1156) is amended to read as follows:
"S cc. 206. If an immigrant having an immigrant visa is excluded from admis-
sion to the United States and deported, or does not apply for admission before
the expiration of the validity of his visa, or if an alien having an immigrant visa
issued to him as a preference immigrant is found not be a preference immigrant,
an immigrant visa or a preference immigrant visa, as the case may be, may be
issued in lieu thereof to another qualified alien."
SEC. 7. Section 207 of the Immigration and Nationality Act (66 Stat. 181;
8 U.S.C. 1157) is striken.
SEC. 8. Section 101 of the Immigration and Nationality Act (66 Stat. 166;
8 U.S.C. 1101) is amended as follows:
(a) Paragraph (27) of subsection (a) is amended to read as follows:
"(27) The term `special immigrant' means-
"(A) an immigrant who was born in any independent foreign country of
the Western Hemisphere or in the Canal Zone and the spouse and children
of any such immigrant, if accompanying, or following to join him: Provided,
That no immigrant visa shall be issued pursuant to this clause until the
consular officer is in receipt of a determination made by the Secretary of
Labor pursuant to the provisions of section 212(a) (14);
"(B) an immigrant, lawfully admitted for permanent residence, who is
returning from a temporary visit abroad;
"(C) an immigrant who was a citizen of the United States and may,
under section 324(a) or 327 of title III, apply for reacquisition of citizenship:
"(D) (i) an immigrant who continuously for at least two years immediately
preceding the time of his application for admission to the United States has
been, and who seeks to enter the United States solely for the purpose of
carrying on the vocation of minister of a religious denomination, and whose
services are needed by such religious denomination having a bona fide organ-
ization in the United States; and (ii) the spouse or the child of any such
immigrant, if accompanying or following to join him; or
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6 AMENDING THE IMMIGRATION AND NATIONALITY ACT
"(E) an immigrant who is an employee, or an honorably retired former
employee, of the United States Government abroad, and who has performed
faithful service for a total of fifteen years, or more, and his accompanying
spouse and children: Provided, That the principal officer of a Foreign Service
establishment, in his discretion, shall have recommended the granting of
special immigrantstatus to such alien in exceptional circumstances and the
Secretary of State approves such recommendation and finds that it is in the
national interest to grant such status."
(b) Paragraph (32) of subsection (a) is amended to read as follows:
"(32) The term `profession' shall include but not be limited to architects,
engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary
schools, colleges, academies, or seminaries."
(c) Subparagraph (1) (F) of subsection (b) is amended to read as follows:
"(F) a child, under the age of fourteen at the time a petition is filed in his
behalf to accord a classification as an immediate relative under section 201(b),
who is an orphan because of the death or disappearance of, abandonment or
desertion by, or separation or loss from, both parents, or for whom the sole
or surviving parent is incapable of providing the proper care which will be
provided the child if admitted to the United States and who has in writing
irrevocably released the child for emigration and adoption; who has been
adopted abroad by a United States citizen and his spouse who personally saw
and observed the child prior to or during the adoption proceedings; or who
is coming to the United States for adoption by a United States citizen and
spouse who have complied with the preadoption requirements, if any, of the
child's proposed residence: Provided, That no natural parent or prior adoptive
parent of any such child shall thereafter, by virtue of such parentage, be ac-
corded any right, privilege, or status under this Act."
SEe. 9. Section 211 of the Immigration and Nationality Act (66 Stat. 181;
8 U.S.C. 1181) is amended to react as follows:
"SEC. 211. (a) Except as provided in subsection (b) no immigrant shall be
admitted into the United States unless at the time of application for admission
he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance
of such visa of the accompanying parent, and (2) presents a valid unexpired
passport or other suitable travel document, or document of identity and national-
ity, if such document is required under the regulations issued by the Attorney
General. With respect to immigrants to be admitted under quotas of quota
areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the
immigrant is properly chargeable to the quota area under the quota of which
the visa is issued.
"(b) Notwithstanding the provisions of section 212(a) (20) of this Act in such
cases or in such classes of cases and under such conditions as may be b regula-
tions prescribed, returning resident immigrants, defined in section 101 (a) (27) (B),
who are otherwise admissible may be readmitted to the United States by the
Attorney General in his discretion without being required to obtain a passport,
immigrant visa, rentry permit or other documentation."
SEC. 10. Section 212 a) of the Immigration and Nationality Act (66 Stat. 182;
8 U.S.C. 1182) is amended as follows:
(a) Paragraph (14) is amended to read as follows:
"Aliens seeking to enter the United States, for the purpose of performing skilled
or unskilled labor, unless the Secretary of Labor has determined and certified to
the Secretary of State and to the Attorney General that (A) there are not sufficient
workers in the United States who are able, willing, qualified, and available at
the time of application for a visa and admission to the United States and at the
place to which the alien is destined to perform such skilled or unskilled labor, and
(B) the employment of such aliens will riot adversely affect the wages and working
conditions of the workers in the United States similarly employed. The exclusion
of aliens under this paragraph shall apply to special immigrants defined in section
101(a)(27)(A) (other than the parents, spouses, or children of United States
citizens or of aliens lawfully admitted to the United States for permanent resi-
dence), to preference immigrant aliens described in section 203(a) (3) and (6),
and to nonpreference immigrant aliens described in section 203(a)(8);".
(b) Paragraph (20) is amended by deleting the letter "(e)" and substituting
therefor the letter "(a) ".
(c) Paragraph (21) is amended by deleting the word "quota".
(d) Paragraph (24) is amended by deleting the language within the parentheses
and substituting therefor the following: "other than aliens described in section
101(a)(27) (A) and (B)."
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SEC. 11. The Immigration and Nationality Act (66 Stat. 175; 8 U.S.C. 1151)
is amended as follows:
(a) Section 221(a) is amended by deleting the words "the particular nonquota
category in which the immigrant is classified, if a nonquota immigrant," and
substituting in lieu thereof the words "the preference, nonpreference, immediate
relative, or special immigration classification to which the alien is charged."
(b) The fourth sentence of subsection 221(e) is amended by deleting the word
"quota" preceding the word "number;" the word "quota" preceding the word
"year"; and the words "a quota" preceding the word "immigrant," and substituting
in lieu thereof the word "an".
(c) Section 222(a) is amended by deleting the words "preference quota or a
nonqota immigrant" and substituting in lieu thereof the words "an immediate
relative within the meaning of section 201(b) or a preference or special immigrant".
(d) Section 224 is amended to read as follows: "A consular officer may, subject
to the limitations provided in section 221, issue an immigrant visa to a special
immigrant or immediate relative as such upon satisfactory proof, under regulations
prescribed under this Act, that the applicant is entitled to special immigrant or
immediate relative status."
(e) Section 241(a)(10) is amended by substituting for the words "Section
101(a)(27)(C)" the words "Section 101(a)(27)(A)".
(f) Section 243(h) is amended by striking out "physical persecution" and
inserting in lieu thereof "persecution on account of race, religion, or political
opinion".
SEC. 12. Section 244 of the Immigration and Nationality Act (66 Stat. 214;
8 U.S.C. 1254) is amended as follows:
(a) Subsection (d) is amended to read:
"(d) Upon the cancellation of deportation in the case of any alien under this
section, the Attorney General shall record the alien's lawful admission for per-
manent residence as of the date the cancellation of deportation of such alien is
made, and unless the alien is entitled to a special immigrant classification under
section 101(a) (27) (A), or is an immediate relative within the meaning of section
201(b) the Secretary of State shall reduce by one the number of nonpreference
immigrant visas authorized to be issued under section 203(a) (8) for the fiscal year
then current."
(b) Subsection (f) is amended b?y deleting "entered the United States as a
crewman; or (2)" and by changing ' (3)" wherever it apears in said subsection to
"(2)".
SEC 13. Section 245 of the Immigration and Nationality Act (66 Stat. 217;
8 U.S.C. 1255) is amended as follows:
(a) Subsection (b) is amended to read:
"(b) Upon the approval of an application for adjustment made under subsection
(a), the Attorney General shall record the alien's lawful admission for permanent
residence as of the date the order of the Attorney General approving the applica-
tion for the adjustment of status is made, and the Secretary of State shall reduce
by one the number of the preference or nonpreference visas authorized to be
issued under section 203(a) within the class to which the alien is chargeable,for
the fiscal year then current."
(b) Subsection (c) is amended to read:
"(c) The provisions of this section shall not be applicable to any alien who is a
native of any country of the Western Hemisphere or of any adjacent island named
in section 101(b)(5), other than any such alien born in an independent foreign
country of the Western Hemishpere, who, because of persecution or fear of
persecution on account of race, religion, or political opinion, is out of his usual
place of abode and unable to return thereto."
Sue. 14. Section 281 of the Immigration and Nationality Act (66 Stat. 230;
8 U.S.C. 1351) is amended as follows:
(a) Immediately after "SEC. 281." insert "(a)";
(b) Paragraph (6) is amended to read as follows:
"(6) For filing with the Attorney General of each petition under section
204 and section 214(c), $10; and";
(c) The following is inserted after paragraph (7), and is designated subsection
(b):
"(b) The time and manner of payment of the fees specified in paragraphs (1)
and (2) of subsection (a) of this section, including but not limited to partial
deposit or prepayment at the time of registration, shall be prescribed by the
Secretary of State."; and
(d) The paragraph beginning with the words "The fees * * *" is designated
subsection (c).
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SEc. 15. (a) Paragraph (1) of section 212(a) of the Immigration and Nationality
Act (66 Stat. 182; 8 U.S.C. 1182(a) (1)) is amended by deleting the language
"feebleminded" and inserting the lan uage "mentally retarded" in its place. r
(b) Paragraph (4) of section 212(a) of the Immigration and Nationality Act
(66 Stat. 182; 8 U.S.C. 1182(a) (4)) is amended by deleting the word "epilepsy"
and substituting the words "or sexual deviation".
(c) Sections 212 (f), (g), and (h) of the Immigration and Nationality Act, as
added by the Act of September 26, 1961 (75 Stat. 654, 655; 8 U.S.C. 1182), are
hereby redesignated sections 212 (g), (h), and (i), respectively, and section 212
(g) as so redesignated is amended by inserting before the words "afflicted with
tuberculosis in any form" the following: "who is excludable from the United
States under paragraph (1) of subsection (a) of this section, or any alien" and by
adding at the end of such subsection the following sentence: "Any alien exclud-
able under paragraph (3) of subsection (a) of this section because of past history
of mental illness who has one of the same family relationships as are prescribed
in this subsection for aliens afflicted with tuberculosis and whom the Surgeon
General of the United States Public Health Service finds to have been free of
such mental illness for a period of time sufficient in the light of such history to
demonstrate recovery shall be eligible for a visa in accordance with the terms of
this subsection."
SEc. 16. Sections 1, 2, and 11 of the Act of July 14, 1960 (74 Stat. 504-505),
as amended by section 6 of the Act of June 28, 1962 (76 Stat. 124), are repealed.
SEC. 17. Section 221(g) of the Immigration and Nationality Act (66 Stat. 192;
8 U.S.C. 1201(g)) is amended by deleting the period at the end thereof and adding
the following: ": Provided further, That a visa may be issued to an alien defined
in section 101(a) (15) (B) or an alien defined in section 101(a) (15) (F), in whose
behalf evidence has been submitted that he will be admitted and regularly enrolled
as a student at an educational institution within the United States approved
by the Attorney General, if such alien is otherwise entitled to receive a visa, upon
receipt of a notice by the consular officer from the Attorney General of the giving
of a bond with sufficient surety in such sum and containing such conditions as the
consular officer shall prescribe, to insure that at the expiration of the time for
which such alien has been admitted by the Attorney General, as provided in
section 214(a), or upon failure to maintain the status under which he was admitted,
or to maintain any status subsequently acquired under section 248 of the Act, such
alien will depart from the United States.'
SEc. 18. So much of section 272(a) of the Immigration and Nationality Act (66
Stat. 226; 8 U.S.C. 1322(a)) as precedes the words "shall pay to the collector of
customs" is amended to read as follows:
"SEc. 272. (a) Any person who shall bring to the United States an alien (other
than an alien crewman) who is (1) mentally retarded, (2) insane, (3) afflicted with
psychopathic personality, or with sexual deviation, (4) a chronic alcoholic,
(5) afflicted with any dangerous contagious disease, or (6) a narcotic drug addict,".
SEc. 19. Section 249 of the Immigration and Nationality Act (66 Stat. 219;
8 U.S.C. 1259) is amended by striking out "June 28, 1940" in clause (a) of such
section and inserting in lieu thereof "June 28, 1958".
SEc. 20. This Act shall become effective on the first day of the first month
after the expiration of thirty days following the date of its enactment except as
provided herein.
SEc. 21. (a) There is hereby established a Select Commission on Western Hemi-
sphere Immigration (hereinafter referred to as the "Commission") to be composed
of fifteen members. The President shall appoint the Chairman of the Commission
and eight other members thereof. The President of the Senate, with the approval
of the majority and minority leaders of the Senate, shall appoint three members
from the membership of the Senate. The Speaker of the House of Representa-
tives, with the approval of the majority and minority leaders of the House, shall
appoint three members from the membership of the House. A vacancy in the
membership of the Commission shall be filled in the same manner as the original
designation and appointment.
(b) The Commission shall study the following matters:
(1) Prevailing and projected demographic, technological, and economic
trends, particularly as they pertain to Western Hemisphere nations;
(2) Present and projected unemployment in the United States, by occupa-
tions, industries, geographic areas and other factors, in relation to immigration
from the Western Hemisphere;
(3) The interrelationships between immigration, present and future, and
existing and contemplated national and international programs and projects
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of Western Hemisphere nations, including programs and projects for
economic and social development;
(4) The operation of the immigration laws of the United States as they
pertain to Western Hemisphere nations, with emphasis on the adequacy of
such laws from the standpoint of fairness and from the standpoint of the
impact of such laws on employment and working conditions within the
United States;
(5) The implications of the foregoing with respect to the security and
international relations of Western Hemisphere nations; and
(6) Any other matters which the Commission believes to be germane to
the purposes for which it was established.
(c) On or before July 1, 1967, the Commission shall make a first report to the
President and the Congress, and on or before January 15, 1968, the Commission
shall make a final report to the President and the Congress. Such reports shall
include the recommendations of the Commission as to what changes, if any, are
needed in the immigration laws in the light of its study. The Commission's
recommendations shall include, but shall not be limited to, recommendations as
to whether, and if so how, numerical limitations should be imposed upon immi-
gration to the United States from the nations of the Western Hemisphere. In
formulating its recommendations on the latter subject, the Commission shall give
particular attention to the impact of such immigration on employment and
working conditions within the United States and to the necessity of preserving
the special relationship of the United States with its sister Republics of the
Western Hemisphere.
(d) The life of the Commission shall expire upon the filing of its final report,
except that the Commission may continue to function for up to sixty days there-
after for the purpose of winding up its affairs.
(e) Unless legislation inconsistent herewith is enacted on or before June 30,
1968, in response to recommendations of the Commission or otherwise, the number
of special immigrants within the meaning of section 101(a) (27) (A) of the Immigra-
tion and Nationality Act, as amended, exclusive of special immigrants who are
immediate relatives of United States citizens as described in section 201(b) of that
Act, shall not, in the fiscal year beginning July 1, 1968, or in any fiscal year there-
after, exceed a total of 120,000.
(f) All Federal agencies shall cooperate fully with the Commission to the end
that it may effectively carry out it duties.
(g) Each member of the Commission who is not otherwise in the service of the
Government of the United States shall receive the sum of $100 for each day spent
in the work of the Commission, shall be paid actual travel expenses, and per diem
in lieu of subsistence expenses, when away from his usual place of residence, in
accordance with section 5 of the Administrative Expen es Act of 1946, as amended.
Each member of the Commission who is otherwise in the service of the Govern-
ment of the United States shall serve without compensation in addition to that
received for such other service, but while engaged in the work of the Commission
shall be paid actual travel expenses, when away from his usual place of residence, in
accordance with the Administrative Expenses Act of 1946, as amended.
(h) There is authorized to be appropriated, out of any money in the Treasury
not otherwise appropriated, so much as may be necessary to carry out the
provisions of this section.
SEC. 22. (a) The designation of chapter 1, title II, is amended to read as
follows: "CHAPTER I-SELECTION SYSTEM".
(b) The title preceding section 201 is amended to read as follows: "NUMERICAL
LIMITATIONS".
(c) The title preceding section 202 is amended to read as follows: "NUMERICAL
LIMITATION TO ANY SINGLE FOREIGN STATE".
(d) The title preceding section 203 is amended to read as follows: "ALLOCATION
OF IMMIGRANT VISAS".
(e) The title preceding section 204 is amended to read as follows: "PROCEDURE
FOR GRANTING IMMIGRANT STATUS".
(f) The title preceding section 205 is amended to read as follows: "REVOCATION
OF APPROVAL OF PETITIONS".
(g) The title preceding section 206 is amended to read as follows: "UNUSED
IMMIGRANT VISAS".
(h) The title preceding section 207 is repealed.
(i) The title preceding section 224 of chapter 3, title II, is amended to read
as follows: "IMMEDIATE RELATIVE AND SPECIAL IMMIGRANT VISAS".
S. Rept. 748, 89-1--2
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10 AMENDING THE IMMIGRATION AND NATIONALITY ACT
(j) The title preceding section 249 is amended to read as follows: "RECORD OF
ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS WHO
ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924, OR JUNE 28,1958".
SEC. 23. (a) The table of contents (Title II-Immigration, chapter 1) of the
Immigration and Nationality Act, is amended to read as follows:
"CIIAPTER 1-SELECTION SYSTEM
"Sec. 201. Numerical limitations.
"Sec. 202. Numerical limitation to any single foreign state.
"Sec. 203. Allocation of immigrant visas.
"See. 204. Procedure for granting immigrant status.
"Sec. 205. Revocation of approval of petitions.
"See. 206. Unused immigrant visas."
(b) The table of contents (Title II-Immigration, chapter 3) of the Immigra-
tion and Nationality Act, is amended by changing the designation of section 224
to read as follows:
"See. 224. Immediate relative and special immigrant visas."
(c) The table of contents (Title II-Immigration, chapter 5) of the Immigration
and Nationality Act is amended by changing the designation of section 249 to
read as follows:
"See. 249. Record of admission for permanent residence in the case of certain aliens who entered the United
States prior to July 1, 1924, or June 28, 1958."
SEC. 24. Paragraph (6) of section 101(b) is repealed.
The principal purpose of the bill, as amended., is to repeal the na-
tional origin quota provisions of the Immigration and Nationality
Act, and to substitute a new system for the selection of immigrants
to the United States. In addition to numerous technical and minor
changes, the bill would also make other basic changes in the Immi-
gration and Nationality Act, as follows:
1. A new system of preferential admissions based upon the exist-
ence of a close family relationship with U.S. citizens or permanent
resident aliens, and upon the advantage to the United States of the
special talents and skills of the immigrant, is established.
2. Parents of U.S. citizens (if such citizen is over 21 years of age)
will not come under a numerical limitation.
3. Two preference categories are established for immigrants to be
employed in the United States :
(a) A third preference for aliens who are members of profes-
sions or who have exceptional ability in the sciences or the arts;
and
(b) A sixth preference for skilled or unskilled workers who can
fill specific needs in short supply.
4. A limitation of 170,000 (including 10,200 refugees) is placed on
the number of immigrants who may be admitted to the United States
in any fiscal year other than the defined "special immigrants" and
"imm.ed.iate relatives"; a limitation of 20,000 is placed on the number
of immigrants who may enter in any one fiscal year from a foreign
state.
5. The Asia-Pacific triangle provisions of the existing law are
removed.
6. An exemption from numerical limitation on immigration is
extended to newly independent Western Hemisphere countries
(Jamaica, Trinidad-Tobago).
7. Safeguards to protect the American economy from job compe-
tition and from adverse working standards as a consequence of immi-
grant workers entering the labor market are strengthened.
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 11
8. Provision is made for the admission of a definite number of
refugees annually. In addition provision is made for the adjustment
of status of certain refugees from Western Hemisphere countries.
9. Discretionary authority under proper safeguards is granted to
the Attorney General to waive the grounds for exclusion in the case
of aliens who are mentally retarded or who have a past history of
mental illness and who are close relatives of U.S. citizens or lawful
resident aliens.
10. Alien crewmen are made eligible to adjust their immigration
status through the suspension of deportation procedures.
11. Aliens who entered the United States prior to June 30, 1958,
are made eligible to obtain an adjustment of their immigration status
through existing registry proceedings.
12. A Select Commission on Western Hemisphere Immigration is
established and an annual limitation of 120,000 beginning July 1,
1968, is placed on Western Hemisphere immigration unless Congress
provides otherwise on the basis of the Commission's report.
The bill H.R. 2580, as amended, does not embody a comprehensive
revision of the Immigration and Nationality Act, but has as its
primary objective the abolishment of the national origins quota
system for the allocation of immigrant visas and the substitution of
a new system of allocation based on a system of preferences which
extends priorities in the issuance of immigrant visas to close relatives
of U.S. citizens and aliens lawfully admitted for permanent residence,
to aliens who are members of the professions, arts, or sciences, and
to skilled or unskilled alien laborers who are needed in the United
States, and to certain refugees.
While the bill, as amended, makes other adjustments in the Immi-
gration and Nationality Act as hereinafter more specifically described,
there is no substantial relaxation of the qualitative standards which
determine the admissibility of immigrants, nor is there any relaxation
of those provisions of the act providing for security screening of all
immigrants. The bill makes no changes in the nationality and
naturalization provisions of the act.
Proposals for changes in the basic quota provisions of the Immigra-
tion and Nationality Act have received extensive consideration by
the committee. President Johnson submitted an executive commu-
nication to the Congress on January 13, 1965 (H. Doc. 52), and his
recommendations were embodied in S. 500, which was introduced on
January 15, 1965, by Senator Hart for himself and 33 other Senators.
The provisions of the bill were substantially the same as the provisions
recommended by the late President Kennedy on July 23, 1963,
which were incorporated in S. 1932 of the 88th Congress.
There have been extensive public hearings before the Subcommittee
on Immigration and Naturalization on the general proposals embodied
in the instant bill. On January 13 and 14, June 29, and July 11, 1964,
public hearings were held on the bill S. 1932 and other proposals to
amend the Immigration and Nationality Act. Public hearings were
held by the subcommittee on S. 500 and other proposals to amend the
Immigration and Nationality Act on February 10, 24, and 25; March
1, 3, 4, 5, 8, 11, 12, 15, 16, 17, and 22; June 3, 4, 8, 9, 15, 16, 23, 24,
and 25; July 15, 21, 22, 28, and 29; and August 3, involving a total of
29 days of hearin s at which testimony was received from 56 witnesses.
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12 AMENDING THE IMMIGRATION AND NATIONALITY ACT
The witnesses included congressional sponsors of the proposed legisla-
tion, Cabinet officers, Government officials, representatives of religious,
patriotic, nationality, veterans, labor, and other nongovernmental
organizations as well as from individual members of the public. The
positions of both the proponents and opponents of change in the
existing law were presented to the subcommittee in depth.
The committee, after consideration of all the information before it
and after its detailed study of the recommendations of the President
and the strong representations made by the concerned executive
departments, has concluded that the national origins provisions of
the Immigration and Nationality Act should be removed from the
law and a highly selective system for the admission of immigrants as
contained in the bill H.R. 2580, as amended, be adopted.
The provisions governing the establishment of national origin quotas
are contained in existing law in chapter 1 of title II of the Immigration
and Nationality Act (sees. 201-207). It is there provided that the
annual quota of any quota area shall be one-sixth of 1 percent of the
number of inhabitants in the United States in 1920 attributable by
national origin to such quota area, with the guarantee of a minimum
annual quota of 100 to every quota area. With certain exceptions
designed to prevent the separation of families, birth within a quota
area is determinative of the quota to which an alien is chargeable.
Special provision is made for quota chargeability in the case of aliens
born within an area defined by longitudes and latitudes, commonly
known as the Asia-Pacific triangle. Aliens who trace at least 50
percent of their ancestry to persons indigenous to the Asia-Pacific
area are chargeable to appropriate quotas established in that area
regardless of their place of birth.
The national origin quota provisions presently contained in the
Immigration and Nationality Act are substantially the same as those
formerly in the Immigration Act of 1924. Prior to the proclaiming of
the national origin quotas, national quotas had been imposed under
the Quota Act of 1921, which established quotas for each country of
3 percent of the alien population in the United States attributable to
each country according to the census of 1910. In the interim period
between the enactment of the Immigration Act of 1924, and the
proclamation of national origin quotas, the quota for each country
was fixed at 2 percent of the alien population of the United States
according to the census of 1890, attributable to each country. The
annual national quotas have, since that date, been computed upon
the national origins quota formula, that is, the quota of each country
is based upon a share of an overall quota of 150,000 proportionate to
the relationship of the number of people of each nationality in the
United States in 1920 and the total population of the United States
in 1920, with a guarantee of minimum quotas of 100. In the revisions
made by the Immigration and Nationality Act of 1952, the formula
for establishing the quota of each quota area was reduced to a fixed
mathematical ratio of one-sixth of 1 percent of the inhabitants of the
United States in 1920 attributable by national origin to each area,
with a guarantee of a minimum of 100 to each quota area.
Quota areas embrace each independent country, self-governing
dominion, mandated territory, and territory under the international
trusteeship system of the United Nations, other than the United
States and its outlying possessions and independent countries of the
Western Hemisphere. All areas of the world, other than the quota-
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free Western Hemisphere countries, have assigned quotas to which
natives of those areas have access regardless of race with the exception
of the special Asia-Pacific triangle provisions as previously noted.
The overall annual quota at the present time is 158,561, which is
an excess of 8,561 over the original annual quota of 150,000 contem-
plated by the Immigration Act of 1924. The increase can be explained
by the fact that minimum quotas have been extended to all countries
and in the past decade there has been a proliferation of newly inde-
pendent nations.
Since the enactment of the Immigration and Nationality Act of
1952, Congress has on several occasions enacted special legislation to
permit the reuniting of families by providing for the admission of
close relatives of U.S. citizens and lawful alien residents outside the
basic quota provisions of the act. Similarly, the Congress has re-
sponded to the humanitarian appeal of refugees for a haven, including
not only those fleeing from communism, but also those fleeing religious
persecution and those uprooted by national calamity and through
special legislation permitted the entry of such aliens outside the quota
limitations. The performance of the Congress in the field of immigra-
tion in the postwar period has been far more generous and sympa-
thetic than adherence to the national origins system alone would
allow; and the failure of that system to maintain the flow of immigrants
in the pattern contemplated is the result of the special legislation
which has been responsive to the demand for relief in those cases
where a strict application of the quota provisions would have resulted
in undue hardship. The system of fixed quotas, therefore, has been
found to lack the required degree of flexibility to cope with the inevit-
able pressures built up in the decade following the enactment of the
Immigration and Nationality Act; and the national origins concept
has been significantly modified during that time as a result of the
enactment of special legislation. In this regard, it is to be noted
that in that period approximately two out of every three immigrants
has entered the United States outside of the quota restrictions.
In place of the national origins system, the bill establishes a new
system of selection designed to be fair, rational, humane, and in the
national interest. Under this system emphasis in the selection from
among those eligible to be immigrants within the annual numerical
ceiling of 170,000 (inclusive of 10,200 refugees) will be based upon
the existence of a close family relationship to U.S. citizens or lawful
resident aliens regardless of the birthplace of the alien. Reunification
of families is to be the foremost consideration. The closer the family
relationship the higher the preference. In order that the family unit
may be preserved as much as possible, parents of adult U.S. citizens,.
as well as spouses and children, may enter the United States without
numerical limitation. The unmarried sons and daughters of U.S.
citizens are considered to be part of the immediate family unit and
thus are given a high priority preference status. As the family rela-
tionship becomes more distant, a lower preference status is accorded.
It is to be noted that parents of U.S. citizens are presently eligible for
second preference status under the quotas, but will hereafter be per-
mitted to enter without numerical limitation.
The bill provides an ample preference for the members of the pro-
fessions with personal qualifications whose admission will be sub-
stantially beneficial to the national economy, cultural interests, or
welfare of the United States. Aliens, both skilled and unskilled, who
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14 AMENDING THE IMMIGRATION AND NATIONALITY ACT
are capable of filling labor needs in the United States are provided a
lesser preference.
The new selection system is based upon a first-come, first-served
principle, without regard to place of birth, within the preference
categories subject to specified limitations designed to prevent an
unreasonable allocation of visa numbers to any one foreign state.
The committee, in its consideration of this legislation, is cognizant of
the fact that there are far more people who would like to come to the
United States than the United States can accept. It is the basic
objective of this bill to choose fairly among the applicants for ad-
mission to this country without proposing any substantial change in
presently authorized immigration. The committee feels that emphasis
should be placed on the quality of the immigrants to be admitted,
rather than on the number. Therefore, it is the considered opinion
of the committee that it is appropriate to fix a limit of 170,000 (in-
clusive of 10,200 refugees) immigrant admissions annually from the
former quota countries. This limit will permit immigration within
what is believed to be the present absorptive capacity of this country.
Under the existing law, the total of the quotas from all quota areas,
exclusive of the Western Hemisphere, is 158,561. This figure does not
reflect the number of refugees who, in the past, have been paroled into
the United States without being charged to any particular quota.
The limit of 170,000 admissions from former quota countries includes
an allocation of up to 10,200 visas which can be made available for
conditional entries of refugees. Thus, the increase in the authorized
annual total, based upon the best estimates available to the com-
mittee, will not exceed 2,000. However, it should be stated that the
existing qualitative controls on immigration will be implemented by
new labor controls which are expected to maintain immigration at the
present level that probably would maintain immigration at the
present level.
The national origin quotas will be abolished on July 1, 1068. In
the interim, immigration numbers authorized under the existing
quota system which are unused at the end of each fiscal year will be
reallocated from a pool of the unused quota numbers for the issuance
of visas to preference immigrants from countries which have over-
subscribed quotas and long preference waiting lists. During the
interim, this procedure will not affect the flow of immigration from
large quota countries and, at the same time, will expedite the removal
of close relatives from quota waiting lists. This procedure is intended
to provide a smooth and orderly transition from the present quota
system to the new system for the allocation of immigrant visas.
Asia-Pacific triangle provisions
In 1952, the Immigration and Nationality Act eliminated race as a
bar to naturalization and thereby to immigration. Thereafter, all
Asians had access to quotas for immigration purposes. Asian spouses
and children of U.S. citizens were extended the same privilege of non-
quota status as enjoyed by any person of non-Asian ancestry. Special
provisions affectinU Asian persons, however, were established, which
provided a limitation of 2,000 for the aggregate of minimum quota
areas in the Asian-Pacific triangle and that the quota chargeability of
any Asian persons born outside the triangle should be determined in
most cases by ancestry rather than the place of birth. In 1961, Con-
gress removed the 2,000 limitation from the aggregate of minimum
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
quota areas within the triangle. The remaining provision requiring
that an Asian person be charged to the quota of his ancestry rather
than his place of birth is repealed immediately by this legislation and
henceforth there will be no differentiation in the treatment of the
Asian under the Immigration and Nationality Act.
Labor controls
Simultaneous with the abolition of national quotas, controls to
protect the American labor market from an influx of both skilled and
unskilled foreign labor are strengthened. Under the provision of
existing law contained in section 212(a)(14) of the Immigration and
Nationality Act, foreign labor is subject to exclusion only when the
Secretary of Labor certifies that either (1) there are sufficient workers
in the United States who are able, willing, available, and qualified
at the alien's destination to perform the skilled or unskilled labor, or
(2) that the employment of the alien will adversely affect the wages
and working conditions of the workers in the United States. This
has the effect of excluding any intending immigrant within the scope
of the certification who would likely displace a qualified American
worker or whose employment in the United States would adversely
affect the wages and working conditions of workers similarly employed
in the United States. Under the instant bill, this procedure is sub-
stantially changed. The primary responsibility is placed upon the
intending immigrant to obtain the Secretary of Labor's clearance
prior to the issuance of a visa establishing (1) that there are not
sufficient workers in the United States at the alien's destination who
are able, willing, and qualified to perform the skilled or unskilled
labor and (2) that the employment of the alien will not adversely affect
wages and working conditions of U.S. citizens similarly employed.
The provision is applicable to immigrants from the Western Hemis-
phere, other than immediate relatives, nonpreference immigrants,
and those preference immigrants who seek entrance into the United
States for the primary purpose of gainful employment, whether in a
semiskilled or skilled category or as a member of the professions, arts,
or sciences. The certification must be obtained in individual cases
before a visa may be issued to the intending immigrant.
The Department of Labor should have no difficulty in adapting to
this new procedure inasmuch as the Department, through its Bureau
of Employment Security and affiliated State Employment Service
agencies, presently determines availability of domestic workers and
the standards of working conditions. There is no apparent need to
increase facilities.
These provisions are not applicable in the case of immediate rela-
tives or in the case of certain other close relatives of U.S. citizens or
lawful resident aliens where petitions for the preference or immediate
relative status have been filed by the citizens or lawful resident
aliens. In those cases there is a clear responsibility assumed by
citizens and lawful alien residents who have filed petitions for their
relatives to come to the United States and as a consequence such
certification by the Secretary of Labor is deemed unnecessary. The
committee also feels that the assurances which are required to be
presented to the consular officers before visa issuance establishing
to the consular officer's satisfaction that the intending immigrants
will not likely become public charges after entry afford adequate
safeguards in these relative cases.
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The bill requires the Attorney General to submit reports to the
Congress on each preference immigrant admitted to the United States
for the purpose of undertaking gainful employment under section
203(a) (3) or (6) of the Immigration and Nationality Act, as amended.
Congress therefore will be in a position to observe the operation of
these provisions as they affect the domestic labor supply.
The bill specifically provides that skilled or unskilled labor of a
temporary or seasonal nature is not to be entitled to any preference
under the selection system for the allocation of immigrant visas.
Refugees
Legislation to enable the United States to participate in the resettle-
ment of refugees has been part of our immigration policy continuously
since the close of World War II. Permanent provision is made for the
conditional entry of up to 10,200 refugees annually to continue the
traditional policy of the United States to offer refuge to persons
oppressed or persecuted because of their race, religion, or opposition to
totalitarian beliefs. This new section of the law will permit the
President to act immediately, if the situation so requires, to come to
the aid of refugees as defined in this bill. The Congress, charged with
the constitutional responsibility for the regulation of immigration,
reserves the power to review the case history of every refugee condi-
tionally entered into the United States to determine whether the
interests of this country are subject to outside pressures.
As passed by the House, the bill in section 203 (a) (7) provides that
not to exceed 10,200 refugees from communism and an area of the
Middle East may be granted conditional entries each year. As
amended by the committee, this category of refugees is enlarged to
include aliens who have been uprooted from their place of usual abode
by a catastrophic natural calamity. It is the purpose of the committee
in adding this group of persons to the refugee category to provide relief
in those cases where aliens have been forced to flee their homes as a
result of serious natural disasters, such as earthquakes, volcanic
eruptions, tidal waves,. and in any similar natural catastrophes. The
Congress, in a prior case, granted relief to such persons through the
enactment of the Refugee Relief Act of 1953, where the term "refugee"
was defined as follows:
SEC. 2. (a) "Refugee" means any person in a country or
area which is neither Communist nor Communist-dominated,
who because of persecution, fear of persecution, natural
calamity, or military operations is out of his usual place of
abode and unable to return thereto, who has not been firmly
resettled, and who is in urgent need of assistance for the
essentials of life or for transportation.
Refugees have been admitted to the United States through the
sponsorship of voluntary agencies and private citizens. The com-
mittee anticipates that such practice will continue so that each
refugee will have an opportunity to adjust and develop in this country
without fear of abandonment and without the possibility of becoming
a public charge.
The conditional entry of refugees as proposed in this bill is not
unlike the parole procedure utilized during the existence of the
so-called Fair Share Act (sec. 212 (d) (5)) and it is intended that the
procedure remain the same. Since the use of the term "parole"
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conveys a connotation unfavorable to the alien, the substitute term
"conditional entry" has been used to avoid any such implication.
The so-called Fair Share Refugee Act (the act of July 14, 1960),
with the exception of the sections which permit adjustment of status
of refugees already admitted so the United States under its provisions,
is repealed. Inasmuch as definite provision has now been made for
refugees, it is the express intent of the committee that the parole
provisions of the Immigration and Nationality Act, which remain
unchanged by this bill, be administered in accordance with the original
intention of the drafters of that legislation. The parole provisions
were designed to authorize the Attorney General to act only in
emergent, individual, and isolated situations, such as the case of an
alien who requires immediate medical attention, and not for the
immigration of classes or groups outside of the limit of the law.
Western Hemisphere immigration
When the national quotas were established by the Immigration Act
of 1924 to control immigration from the various countries of the world,
theadmission of aliens from independent countries of the Western
Hemisphere was left open and unrestricted by any numerical limi-
tation. The Immigration and Nationality Act continued this policy
of unrestricted immigration from the Western Hemisphere countries
when the general immigration laws were revised in 1952. That act
in section 101(x) (27) (C) defines a nonquota immigrant as including:
(C) an immigrant who was born in Canada, the Republic
of Mexico, the Republic of Cuba, the Republic of Haiti, the
Dominican Republic, the Canal Zone, or an independent
country of Central or South America, and the spouse or the
child of any such immigrant, if accompanying or following
to join him;
Under the language of H.R. 2580, as passed by the House, the
immigration from Western Hemisphere countries would continue
to be unrestricted but the natives of such countries are to be classified
as "special immigrants" who would be admitted without numerical
limitation. The term "special immigrant" is defined as follows:
(A) an immigrant who was born in any independent
foreign country of the Western Hemisphere or in the Canal
Zone and the spouse and children of any such immigrant, if
accompanying or following to join him * * *.
While the bounds of the Western Hemisphere are not defined, it is
the understanding of the committee that it would embrace generally
all independent countries of North and South America. Natives
of the newly independent countries, such as Jamaica and Trinidad-
Tobago and countries which attain their independence in the future,
will be eligible for the special immigrant status.
The committee has become increasingly concerned with the un-
restricted flow of immigration from the nonquota countries which
has averaged approximately 110,000 admissions over the past 10
years. Last year the nonquota admissions from Western Hemisphere
countries totaled 139,284, and the evidence is present that the increase
will continue. Not only is the committee concerned with the volume
of the immigration, but it has difficulty with reconciling its decision
to eliminate the concept of an alien's place of birth determining the
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78 AMENDING THE IMMIGRATION AND NATIONALITY ACT
quota to which he is charged with the exemption from the numerical
limitation extended to persons born in the Western Hemisphere. To
continue unrestricted immigration for persons born in Western Hemi-
sphere countries is to place such aliens in a preferred status compared
to aliens born in other parts of the world which the committee feels
requires further study.
The bill as passed by the House has been amended by adding a new
section 21 to provide that immigration from the Western Hemisphere
after June 30, 1968, shall be subject to a numerical limitation of
120,000 annually unless prior to that date Congress affirmatively
provides otherwise. In this regard, the bill provides for the estab-
lishment of a Select Commission on Western Hemisphere Immigra-
tion to be composed of 15 members. The Chairman and eight
members are to be appointed by the President; three members are to
be appointed by the President of the Senate; and three members are
to be appointed by the Speaker of the House. The Commission shall
study all aspects of Western Hemisphere immigration and make a
first report to the Congress by July 1, 1967, and a final report by
January 15, 1968. The recommendations of the Commission in its
reports are to include, but will not be limited to, recommendations
as to whether numerical limitations should be applied, and if so, the
method.
Changes in exclusion provisions
Under the bill all forms of epilepsy are removed as grounds for
exclusion. This change in law is considered reasonable and desirable
because medical advances have brought this condition under control
with medication and it is now possible to achieve complete control of
symptoms in half of the cases and a very marked reduction in another
30 percent.
In order to conform the provisions of section 212(a)(1) of the
Immigration and Nationality Act with modern medical terminology,
the term "feebleminded" has been deleted and the words "mentally
retarded" inserted in lieu thereof. The bill grants the Attorney
General authority to admit any alien who is the spouse, unmarried
son or daughter, minor adopted child, or parent of a citizen or a lawful
resident alien and who is mentally retarded under the same standards
as are presently authorized to admit close relatives afflicted with
tuberculosis. Under the House language, the authority would have
extended only to a child under 14 with the further condition that the
child would not be eligible if both his parents, if living, were in. the
United States. This same authority is granted the Attorney General
in the case of any alien who is subject to exclusion beccause of past
history of mental illness and whom the Surgeon General has found to
be free of such mental illness for a period of time sufficient in the light
of such history to demonstrate recovery.
In view of the representations made by the U.S. Public Health
Service that the term "psychopathic personality" would encompass
homosexuals and sex perverts, the Congress in enacting the Immigra-
tion and Nationality Act omitted from the law any specific provision
relating to the ineligibility of such persons.
Senate Report 1137, S2d Congress, contained the following:
Existing law does not specifically provide for the exclusion
of homosexuals and sex perverts. The provisions of S. 716
which specifically excluded homosexuals and sex perverts as a
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separate excludable class does not appear in the instant bill.
The Public Health Service has advised that the provision for
the exclusion of aliens afflicted with psychopathic personality
or it mental defect which appears in the instant bill is
sufficiently broad to provide for the exclusion of homosexuals
and sex perverts. This change of nomenclature is not to be
construed in any way as modifying the intent to exclude all
aliens who are sexual deviates.
However, the U.S. Court of Appeals for the Ninth Circuit on
April 17, 1962, set aside a deportation order and enjoined its enforce-
ment holding that section 212(a) (4) was unconstitutionally vague in
that homosexuality was not sufficiently encompassed within the term
`psychopathic personality" (Fleuti v. Rosenberg, 302 F. 2d 652).
To resolve any doubt the committee has specifically included the
term "sexual deviation" as a ground of exclusion in this bill.
Control. of allocation of immigrant visas
The control function of the Department of State with respect to
the allocation of immigrant visas under H.R. 2580, as amended, will
operate substantially as its quota control function has in the past
with one important exception. The percentage limitations on the
number of visas available for issuance (or the number of conditional
entries which may be made) as specified in the bill for each of the
preference categories (sec. 203(a) (1)-(7)), will be applied during the
transition period and thereafter on a worldwide basis (exclusive of
the Western Hemisphere) instead of the present preferences within
individual quotas. The allocation of quota numbers during the transi-
tion period from either the established quotas or from the immigration
pool, for the issuance of visas, for conditional entries, or for adjust-
ments of status in the United States will be governed by the following
three general limitations :
(a) The overall numerical limit of 170,000 (inclusive of 10,200
refugees) ;
(b) The individual foreign state limit of 20,000; and
(c) The percentage limit fixed for each preference category on
a worldwide basis.
Within the foregoing limitations, quota numbers will be made
available on a first-come, first-qualified basis. All consular offices
abroad will be required to submit monthly reports to the Department
showing the number of intending immigrants within each preference
and nonpreference category who have been examined and found
qualified to receive visas, and their priority date on the waiting list.
These monthly reports will form the basis for estimating the qualified
demand for immigrant visas in each category (preference and non-
preference). Based upon this estimated qualified demand, the De-
partment of State will allocate the requested numbers to the extent
of their availability for the particular month and subject to the per-
cent limitation specified in the law for each preference class. When
the qualified demand exceeds the available numbers, the later regis-
trants in each category must await a number in the next monthly
allotment
In allotting quota numbers under H.R. 2580, as amended, during
the 3-year interim period., the State Department will first use the
numbers available under the established quotas to the full extent of
the quota and, thereafter, to the extent that they are available for
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20 AMENDING THE IMMIGRATION AND NATIONALITY ACT
allotment from the immigration pool. The general rule of quota
chargeability (country of birth) will govern the allotment of numbers
from the established quotas but not from the immigration pool.
Numbers from the pool will be available to natives of oversubscribed
quota areas within the preference percentages and without regard to
country of birth.
Upon the expiration of the 3-year interim period, visa numbers will
be issued from the 170,000 authorized to qualified immigrants and
refugees, without regard to place of birth, within the preference or
nonpreference categories, up to the limit of 20,000 per foreign state,
and in accordance with the order of priority.
With regard to the conditional entries of refugees under section
203 (a) (7), it will be necessary for the Department of State to know
currently the exact number of such entries not only for statistical
purposes (determining when numerical limitations are reached) but
also to enable the Department of State to make a reasonable estimate,
at least quarterly, of numbers available for allotment to intending
immigrants within the nonpreference category.
Adjustment of status Q f aliens
The committee has further amended H.R. 2580 to provide that
alien crewmen shall be eligible to obtain an adjustment of their
illegal immigration status to that of an alien lawfully admitted for
permanent residence under the administrative procedure for adjust-
ment contained in section 244 of the Immigration and Nationality
Act. The committee feels that no distinction should be made in the
treatment of aliens because of their manner of entry where they meet
the other conditions which would qualify them for that form of dis-
cretionary relief.
The committee also has added a provision to H.R. 2580 to permit
certain natives of Western Hemisphere countries who are in the
United States in a refugee status to obtain an adjustment of their
immigration status through the procedures contained in section 245
of the Immigration and Nationality Act. Under the language as
passed by the House, all natives of Western Hemisphere countries
and adjacent islands are denied this form of administrative relief.
Under existing law, aliens who entered the United States prior to
June 28, 1940, and have since resided in the United States continu-
ously may adjust their immigration status through the procedures
set forth in section 249 of the Immigration and Nationality Act,
under which the Attorney General has discretionary authority to
create a record of lawful admission in behalf of aliens satisfying the
conditions contained therein. The committee has amended H.R.
2580 to extend the benefits of section 249 to aliens who entered the
United States prior to June 28, 1958.
SECTION-BY-SECTION ANALYSIS OF H.R. 2580, AS AMENDED
Section 1
Section 1 of the bill amends section 201 of the Immigration and
Nationality Act and establishes a limit of 170,000 for the number of
aliens who may enter the United States as immigrants or who may have
their status adjusted in the United States to that of a permanent resi-
dent, or who may conditionally enter as refugees exclusive of special
immigrants and immediate relatives. Natives of independent countries
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 21
of the Western Hemisphere continue in an unrestricted category
until June 30, 1968, after which date they become subject to an annual
limitation of 120,000 unless Congress provides otherwise as provided
in section 21. Spouses, unmarried minor children, and parents of
U.S. citizens are also in this numerically unrestricted category. To
facilitate administration, not more than 45,000 aliens, subject to the
numerical ceiling, may be admitted in each of the first three quarters
of any fiscal year.
The system of national quotas will end on June 30, 1968, but for the
intervening 3-year period (July 1, 1965, to June 30, 1968) the existing
quotas for quota areas remain in effect. During each fiscal year in
this period, quota numbers not used in the course of the preceding fiscal
year are to be transferred to an immigration pool. Quota numbers in
the pool will be made available to immigrants who cannot obtain visas
due to oversubscription of their quotas. Such numbers will be allo-
cated iron the immigration pool in accordance with the preference
percentages in section 3 of the bill without regard to quota chargea-
bility. Otherwise, the existing quota system will continue to operate
during this 3-year period.
Allocation of numbers from the pool and from the existing quotas
shall not exceed the 170,000 limitation. The immigration pool and
the national origins system will be terminated on June 30, 1968.
Thereafter all aliens subject to the 170,000 limitation, whether they
are issued immigrant visas, acquire the status of those admitted for
permanent residence, or are granted conditional entry, shall be
treated in accordance with the percentage limitations laid down in
section 3 of the bill. The "immediate relatives" as that term is
defined in section 201(b) and "special immigrants" as defined in section
101(a) (27) will be documented as such and not issued visas which
are subject to the numerical limitations of the act.
Section ,2
Section 2 of the bill amends section 202 of the Immigration and
Nationality Act and establishes a new system for issuance of immigrant
visas without regard to national origin. This system will apply to the
immigration pool during the 3-year period of its existence and there-
after to all immigration subject to the 170,000 ceiling. Of this total of
170,000, not more than 20,000 immigrant visas and conditional entries
are to be made available to the natives of any single foreign country in
any fiscal year. However, during the 3-year period of the continuation
of quotas, the 20,000 ceiling will not operate to reduce the number of
immigrants who may be admitted from a quota area with a quota
larger than 20,000.
Section 202 of the Immigration and Nationality Act is further
revised to provide that an immigrant is to be charged to the country
of his birth for the purposes of the 20,000 limitation, except in a case
where such chargeability would cause the family unit to be divided.
An accompanying spouse or child may be charged to the same foreign
state as his spouse or parent if the limitation for that foreign state
has not been utilized. The Asia-Pacific triangle provision contained
in section 202(b) of the Immigration and Nationality Act, requiring
quota chargeability on the basis of racial ancestry, is immediately
repealed. A colony or other dependent area of a foreign state shall
not in any one fiscal year receive more than 1 percent of the maximum
number of immigrant visas available to that state, thus preventing
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22 AMENDING THE IMMIGRATION AND NATIONALITY ACT
such colony or dependent area from preempting the governing coun-
try's visa limitation disproprotionately.
The Secretary of State is authorized to take appropriate action in,
the event there is any change in the territorial limits of foreign states..
Section S
Section 3 amends section 203 of the Immigration and Nationality
Act, and provides the order of preference priorities and percentage.
allocations for the admission of qualified immigrants under the
numerical limitation of 170,000 (sec. 201(a)) as follows:
(1) Unmarried sons or daughters of U.S. citizens-the first
20 percent of the total of 170,000.
(2) Husbands, wives, and unmarried sons or daughters of alien
residents-20 percent plus any unused portion of class (1).
(3) Members of professions, scientists, and artists-the next
10 percent.
(4) Married sons or daughters of U.S. citizens-10 percent plus
any unused portions of classes (1) through (3).
(5) Brothers or sisters of U.S. citizens-24 percent plus any
unused portions of classes (1) through (4).
(6) Skilled or unskilled persons capable of filling labor shortages
in the United States-the next 10 percent.
(7) Refugees from communism, an area of the Middle East,
or who have been uprooted by a natural calamity-the next 6
percent. As distinguished from the aliens in the other classes,
who are given immigrant visas, refugees will be granted condi-
tional entries by the Attorney General provide they qualify as
refugees within the definition prescribed in the bill. However,
one half of this 6 percent figure, or 5,100 of these numbers au-
thorized for refugees, may be used in lieu of conditional entries to.
adjust the status of refugees who have been physically present in
the United States for 2 years. It is contemplated that such adj ust--
ments will be made under section 245 of the Immigration and
Nationality Act.
(8) Otherwise qualified immigrants, in the order of their
qualification (i.e., nonpreference immigrants)-any portion of
the 170,000 not used by classes (1) through (7).
The requirement that visas shall be issued to nonpreference appli-
cants in the order in which they qualify rather than in the order in
which they apply for registration on a waiting list will have the effect
of preventing the buildup of unrealistic waiting lists of aliens who?
register without serious intent to immigrate to the United States.
The Secretary of State is authorized to terminate the waiting list
registration of any alien who does not continue an interest to immigrate
to the United States.
Section 203(e) of the Immigration and Nationality Act, as revised,
requires that visas issued to qualified immigrants pursuant to para-
graphs (1) through (6) of section 203(a) shall be issued in the order
in which the approved petition is filed with the Attorney General.
This requirement is intended to apply to preference petitions approved
prior to enactment of the bill.
Section 203(f), as revised, requires the Attorney General to submit
reports to Congress concerning refugees who have entered the United
States conditionally. New subsections (g) and (h) provide for the.
inspection of refugees after they have been in the United States for
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at least 2 years and retroactive adjustment of status to that of an alien
lawfully admitted for permanent residence as of the date of their
arrival in the United States.
The other new subsections of section 203 set forth a number of
technical amendments and establish procedures for authorizations
in connection with the administration of the preference provisions.
Section 4
Section 4 of the bill amends sections 204 and 205 of the Immigration
and Nationality Act and provides for the establishment of a single
procedure for the filing of petitions with the Attorney General to
accord immediate relative status, or preference status, as the case may
be. The limitation on the number of orphan petitions which may be
approved for one petitioner is continued as well as the prohibition
against approval of a petition for an alien whose prior marriage was
determined by the Attorney General to have been entered into for the
purpose of evading the immigration law.
The Attorney General is required to submit a report to Congress
on each petition approved for the professional or occupational prefer-
ences.
Section 5
Section 5 restates and incorporates the provisions formerl
t
i
d
y con
a
ne
in section 206 of the Immigration and Nationality Act in section 205
which, in general, authorizes the Attorney General to revoke for
sufficient cause a preference petition previously approved.
Section 6
This section restates the present section 207 of the Immigration and
Nationality Act and places the new language in section 206. The
language is amended to authorize the reissuance of an immigrant visa,
if not used by the initial holder, to another qualified alien.
Section 7
This section of the bill repeals section 207 of the Immigration and
Nationality Act.
Section 8
Section 8 of the bill amends section 101 of the Immigration and
Nationality Act. Section 101(a) (27) of that act, which defines
"nonquota immigrant," is amended to eliminate the term "nonquota
immigrant" and insert in lieu thereof "special immigrant." Therefore,
natives of independent countries of the Western Hemisphere, returning
resident aliens, certain former citizens of the United States, ministers
of religion, and certain retired employees of the U.S. Government
abroad previously referred to as "nonquota immigrants" will hence-
forth be referred to as "special immigrants." The term "profession"
is defined, and the definition of an "eligible orphan" is consolidated
from different sections and restated.
Section 9
Section 9 of the bill amends section 211 of the Immigration and
Nationality Act, which relates to the documentary requirements of
aliens arriving at ports of entry. The requirement of an unexpired
visa and passport for every immigrant arriving in the United States
is restated to conform to the changes made by the bill with respect
to the classifications of immigrant visas.
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+The present discretionary authority of the Attorney General con-
tained in section 211 (c) and (d) to admit aliens who arrive in the
United States with defective visas under specified conditions is re-
moved.
Section 10
Section 10 of the bill amends section 212 (a) of the Immigration
and Nationality Act and paragraph (14), which relates to the ground
for the exclusion of aliens coming to the United States to engage in
skilled or unskilled employment, is amended to require an affirmative
finding by the Secretary of Labor that any alien seeking to enter the
United States as a worker, skilled or otherwise, will not replace a
worker in the United States nor will the employment of such alien
adversely affect the wages and working conditions of individuals in
the United States similarly employed. This required certification
will be applicable to special immigrants (other than the parents,
spouses, and minor children of U.S. citizens or permanent resident
aliens), preference immigrants described in section 203(a) (3) and (6),
and the nonpreferenceimmigrants.
Section 11
This section makes certain conforming and technical changes in the
sections of the Immigration and Nationality Act relating to the appli-
cation for and issuance of visas.
Section 243 (h) of the Immigration and Nationality Act is amended
toTauthorize the Attorney General to withhold deportation of an alien
who, in his opinion, would be subject to persecution on account of
race, religion, or political opinion if deported. Existing law requires
evidence that the alien would be subjected to "physical" persecution.
Section 12
Section 244(d) of the Immigration and Nationality Act is amended
to conform to changes in the act due to the termination of the quota
system. In each case where an alien, other than a special immigrant
or an immediate relative, has his deportation suspended, a number is
deducted from the nonpreference immigrant visas authorized for the
current fiscal year. Alien crewmen are made eligible for this form of
administrative relief by an amendment of section 244(f).
Section 13
Section 13 of the bill amends section 245 of the Immigration and
Nationality Act relating to adjustment of status of aliens in the
United States to prohibit the adjustment of status of natives of the
Western Hemisphere now referred to as "special immigrants." The
Immigration and Naturalization Service has been faced with a recur-
ring problem in cases of natives of Central and South America who
come to the United States as nonimmigrant visitors and promptly
seek permanent residence status under section 245. The exclusion,
however, does not apply to refugees from Western Hemisphere
countries.
Section 14
Section 281 of the Immigration and Nationality Act is amended to
grant the Secretary of State discretion to specify the time and manner
of payment of fees for visa application and issuance. This amend-
ment is designed to discourage registration by persons not sincerely
intending to immigrate to the United States.
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Section 15
Section 212(a)(1) of the Immigration and Nationality Act is
amended by deleting the term "feebleminded" and inserting in lieu
thereof "mentally retarded." This change is made to conform with
modern medical terminology. Also, "epilepsy" is deleted as a ground
for exclusion and "sexual deviation" is included as a ground for
exclusion.
Section 212(f) is redesignated 212(g) and is amended to grant the
Attorney General authority to admit any alien who is the spouse,
unmarried son or daughter, minor adopted child, or parent of a citizen
or lawful permanent resident and who is mentally retarded under the
same conditions as presently authorized in the case of such close
relatives afflicted with tuberculosis. Similar authority is granted in
the case of such aliens who are excludable because of a past history of
mental illness.
Section 16
The Fair Share Refugee Act is repealed with the exception of the
sections that permit adjustment of status for those refugees who have
already been admitted and will soon be eligible to apply for adjust-
ment. (A new provision is made for refugees in sec. 3 of the bill.)
Section 17
Consular officers are authorized in their discretion to require the
giving of a bond in cases where aliens apply for student or visitor
visas to come to the United States to insure that such alien will main-
tain his status. This provision is designed to make it possible to
resolve doubts in borderline cases in which the consular officer is
uncertain as to the bona fides of the nonimmigrant's intention to
remain in the United States temporarily. It is not intended to
permit the issuance of nonimmigrant visas to aliens who are clearly
immigrants.
Section 18
Section 272 of the Immigration and Nationality Act, which imposes
a penalty for bringing certain excludable aliens to the United States,
is amended to conform with the amended section 212.
Section 19
The cutoff date for eligibility for adjustment of status through
registry proceedings under section 249 is moved from June 28, 1940,
to June 28, 1958.
Section 20
The effective date of this legislation is established, which is on the
first day of the first month after the expiration of 30 days following the
date of enactment, except as otherwise provided.
Section 21
This section provides a numerical limitation of 120,000 annually on
immigrants from independent countries of the Western Hemisphere
beginning July 1, 1968, unless the Congress enacts legislation provid-
ing otherwise prior to that date. A Select Commission on Western
Hemisphere Immigration is established to be composed of 15 mem-
bers-the Chairman and 8 members to be appointed by the President;
3 members to be appointed by the President of the Senate; and 3
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26 AMENDING THE IMMIGRATION AND NATIONALITY ACT
members to be appointed by the Speaker of the House. The Com-
mission shall study all aspects of Western Hemishpere immigration
and make a first report to Congress by July 1, 1967, and a final report
by January 15, 1968.
Section 22
This section amends the titles of chapters 1 and 3 of title II of the
Immigration and Nationality Act to conform with the changes made
by this legislation.
Section 23
The table of contents of the Immigration and Nationality Act is
amended to conform with changes proposed by this legislation.
Section 24
This section repeals paragraph (6) of section 101(b) of the Immigra-
tion and Nationality Act.
As previously indicated, the instant bill does not embody a com-
prehensive revision of the Immigration and Nationality Act. How-
ever, the Subcommittee on Immigration and Naturalization did give
consideration to many proposals contained in other bills pending
before the subcommittee which would have amended the Immigration
and Nationality Act in other respects. Included in the suggested
changes were proposals to establish a Board of Visa Appeals and to
establish a statute of limitations in deportation cases. In the course
of the subcommittee's consideration of those two proposals, it was
indicated by the Attorney General that while he did not think it
appropriate at this time to institute such changes without further
study, he expressed his willingness to undertake a complete study of
the proposals, to discuss the desirability of the establishment of a
Board of Visa Appeals with the Secretary of State and to report
seasonably on the above matters.
In addition the committee in its consideration of the bill as reported
by the subcommittee had before it several amendatory proposals
relating to specific problems which have arisen in the administration
of the provisions of the Immigration and Nationality Act.
The attention of the committee was directed to the situation which
exists with reference to the practices and procedures controlling the
importation of aliens to perform temporary services under section
214(c) of the Immigration and Nationality Act, both as it relates
to the importation of actors and other performers and as it relates
to other types of employment. The committee feels that the pro-
visions of section 214(c) rec uiring the Attorney General to consult
with the appropriate agencies of the Government in specific cases
involving the importation of aliens as nonimmigrants under section
101(a)(15)(H) (i) and (ii) affirms this committee's intention that
all such cases which involve the determination of an individual
alien's merit and ability, the requirements of the job for which he
is being imported or appraisal of the available domestic labor force
shall be referred to the Secretary of Labor for his opinion. The
committee will continue to observe the effect of the importation of
nonimmigrant temporary workers upon the employment opportuni-
ties of Americans and aliens resident in the United States. The
Attorney General will be requested to study this matter of consulta-
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 27
tion with the Secretary of Labor in those cases involving the impor-
tation of nonimmigrant aliens under section 101 (a) (15) (H) (i) and (ii)
and report seasonably to the committee the results of his study.
The committee discussed a proposed amendment to section 301 (a) (7)
of the Immigration and Nationality Act which at present provides
that a child born abroad of one citizen parent and one alien parent
does not acquire U.S. citizenship at birth unless the citizen parent,
prior to the birth of the child, was physically present in the United
States or its outlying possessions for a period totaling not less than
10 years, at least 5 of which were after attaining the age of 14. At
present, only members of the Armed Forces may count the periods
of honorable service abroad in order to meet the physical presence
requirements of section 301 (a) (7). It was proposed that the provi-
sion be changed so as to treat the time spent abroad as a child of
a foreign service officer of the United States as constructive physical
presence in the same manner for the purpose of transmitting U.S.
citizenship. The committee deferred action on the proposal with the
understanding that the Attorney General will be requested to study
this matter and to make a timely report to the committee of the
results of his study.
The attention of the committee was also directed to an immigra-
tion problem of the natives of the Ryukyu Islands resulting from the
fact that those islands are presently included within the areas assigned
to the Asia-Pacific triangle quota. It is the committee's understand-
ing that in the event H.R. 2580 becomes law, it is contemplated that
the Secretary of State will attribute the Ryukyu Islands to the quota
area of the Pacific Islands and that during the 3-year interim period
natives of the Ryukyu Islands will have access to the Pacific Islands
quota.
The committee discussed the status of refugees from the Dominican
Republic and is of the opinion the refugees who fled the country as a
result of the recent rebellion may be considered within the provisions
of section 203 (a) (7) of the Immigration and Nationality Act, as added
by H.R. 2580, as well as under section 245 of the Immigration and
Nationality Act, as amended.
There was also discussed a proposal to amend section 21 of the bill
relating to the establishment of a numerical limitation on Western
Hemisphere immigration on July 1, 1968. Additional 1an~uage was
suggested to be added to section 21(e) to provide that immigrant
visas be allocated to any immigrant who becomes subject to the
numerical limitation under the same system of preferences applicable
to other immigrants as specified in section 203 of the Immigration
and Nationality Act. It was the consensus of the committee that
this is a matter that will be considered by the Select Commission on
Western Hemisphere Immigration in the course of its study.
The committee, after consideration of all the facts, is of the opinion
that the bill (H.R. 2580), as amended, should be enacted.
In compliance with subsection 4 of rule XXIX of the Standing
Rules of the Senate, changes in existing law made by the bill, as
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28 AMENDING THE IMMIGRATION AND NATIONALITY ACT
reported, are shown as follows (existing law proposed to be omitted
is enclosed in black brackets, new material is printed in italic, while
existing law in which no change is proposed is shown in roman) :
TITLE II-IMMIGRATION
CHAPTER 1-[QUOTA] SELECTION SYSTEM
Sec. 201. Numerical limitations [; annual quota based upon national origin;
minimum quotas].
Sec. 202. [Determination of quota to which an immigrant is chargeable] Numeri-
cal limitation to any single foreign state.
Sec. 203. Allocation of immigrant visas [within quotas].
Sec. 204. Procedure for granting immigrant status [under section 101 (a) (27) (F) (i)
or 203(a) (1) (A)].
Sec. 205. [Procedure for granting nonquota status or preference by reason of
relationship.] Revocation of approval of petitions.
Sec. 206. [Revocation of approval of petitions] Unused immigrant visas.
[See. 207. Unused quota immigrant visas.]
* * * * * * *
CHAPTER 3-ISSUANCE OF ENTRY DOCUMENTS
Sec. 221. Issuance of visas.
Sec. 222. Applications for visas.
See. 223. Reentry permits.
Sec. 224. [Nonquota] Immediate relative and special immigrant visas.
* * * * * *
CHAPTER 5-DEPORTATION; ADJUSTMENT OF STATUS
Sec. 241. General classes of deportable aliens.
Sec. 242. Apprehension and deportation of aliens.
Sec. 243. Countries to which aliens shall be deported; cost of deportation.
Sec. 244. Suspension of deportation; voluntary departure.
Sec. 245. Adjustment of status of nonimmigrant to that of person admitted for
permanent residence.
Sec. 246. Rescission of adjustment of status.
Sec. 247. Adjustment of status of certain resident aliens to nonimmigrant status.
See. 248. Change of nonimmigrant classification.
Sec. 249. Record of admission for permanent residence in the case of certain
aliens who entered the United States prior to July 1, 1924, or June 28,
1958.
Sec. 250. Removal of aliens who have fallen into distress.
Section 101(a) (27) of the Immigration and Nationality Act
(27) The term ["nonquota immigrant"] "special immigrant"
means-
(A) [an immigrant who is the child or the spouse of a citizen
of the United States] an immigrant who was born in any independ-
ent foreign country of the Western hemisphere or in the Canal Zone
and the spouse and children of any such immigrant, if accompanying
or following to join him: Provided, That no immigrant visa shall be
issued pursuant to this clause until the consular officer is in receipt
of a determination made by the Secretary of Labor pursuant to the
provisions of section 212(a)(14);
(B) an immigrant, lawfully admitted for permanent residence,
who is returning from a temporary visit abroad;
[(C) an immigrant who was born in Canada, the Republic of
Mexico, the Republic of Cuba, the Republic of Haiti, the Domini-
can Republic, the Canal Zone, or an independent country of
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 29
Central or South America, and the spouse or the child of any
such immigrant, if accompanying or following to join him;]
[(D)] (C) an immigrant who was a citizen of the United
States and may, under section 324(a) or 327 of title III, apply
for reacquisition of citizenship;
[(E) an immigrant included within the second proviso to
section 249(a)(1) of title III;]
[(F)] (D)(i) an immigrant who continuously for at least two
years immediately preceding the time of his application for admis-
sion to the United States has boon, and who seeks to enter the
United States solely for the purpose of carrying on the vocation
of minister of a religious denomination, and whose services are
needed by such religious denomination having a bona fide orga-
nization in the United States; and (ii) the spouse or the child of
any such immigrant, if accompanying or following to join him;
or
[(G)] (E) an immigrant who is an employee, or an honor-
ably retired former employee, of the United States Government
abroad, and who has performed faithful service for a total of
fifteen years, or more, and his accompanying spouse and children:
Provided, That the principal officer of a foreign service estab-
lishment, in his discretion, shall have recommended the granting
of [nonquota] special immigrant status to such alien in excep-
tional circumstances and the Secretary of State approves such
recommendation and finds that it is in the national interest to
grant such status.
Section 101(a) (32) of the Immigration and Nationality Act
(32) The term ["quota immigrant" means any immigrant who is
not a nonquota immigrant. An alien who is not particularly speci-
fied in this Act as a nonquota immigrant or a nonimmigrant shall not
be admitted or considered in any manner to be either a nonquota
immigrant or a nonimmigrant notwithstanding his relationship to any
individual who is so specified or by reason of being excepted from the
operation of any other law regulating or forbidding immigration.]
"profession" shall include but not be limited to architects, engineers, law-
yers, physicians, surgeons, and teachers in elementary or secondary
schools, colleges, academies, or seminaries.
Section 101(b) (1) of the Immigration and Nationality Act
(b) As used in titles I and II--
(1) The term "child" means an unmarried person under twenty-one
years of age who is-
(A) a legitimate child; or
(B) a stepchild, whether or not born out of wedlock, provided
the child had not reached the age of eighteen years at the time the
marriage creating the status of stepchild occurred; or
(C) a child legimated under the law of the child's residence or
domicile, or under the law of the father's residence or domicile,
whether in or outside the United States, if such legitimation takes
place before the child reaches the age of eighteen years and
the child is in the legal custody of the legitimating parent or
parents at the time of such legitimation.
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30 AMENDING THE IMMIGRATION AND NATIONALITY ACT
(D) an. illegitimate child, by, through whom, or on whose
behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother;
(E) a child adopted while under the age of fourteen years if the
child has thereafter been in the legal custody of, and has resided
with, the adopting parent or parents for at least two years:
Provided, That no natural parent of any such adopted child shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this Act.
(F) a child who is an eligible orphan, adopted abroad by a
United States citizen and spouse or coming to the United States
for adoption by a United States citizen and spouse] under the age
of fourteen at the time a petition is filed in his behalf to accord a
classification as an immediate relative under section 201(b), who is
an orphan because of the death or disappearance of, abandonment
or desertion by, or separation or loss. from, both parents, or for whom
the sole or surviving parent is incapable of providing the proper
care which will be provided the child if admitted to the United States
and who has in writing irrevocably released the child for emigration
and adoption; who has been adopted abroad by a United States
citizen and his spouse who personally saw and observed the child
prior to or during the adoption proceedings; or who is coming to the
United States for adoption by a United States citizen and spouse who
have complied with the preadoption requirements, if any, of the child's
proposed residence: Provided, That no natural parent or prior
adoptive parent of any such child shall thereafter, by virtue of
such parentage be accorded any right, privilege, or status under
this Act.
[(6) The term "eligible orphan" means any alien child
under the age of fourteen at the time at which the visa
petition is filed pursuant to section 205(b) who is an orphan
because of the death or disappearance of both parents, or
because of abandonment, or desertion by, or separation or
loss from, both parents, or who has only one parent due to
the death or disappearance of, abandonment, or desertion by,
or separation or loss from the other parent, and the remain-
ing parent is incapable of providing care for such orphan
and has in writing irrevocably released him for emigraticn
and adoption.]
Title II, Chapter I, Immigration and Nationality Act
CHAPTER 1-[QUOTA] SELECTION SYSTEM
NUMERICAL LIMITATIONS[; ANNUAL QUOTA BASED UPON NATIONAL
ORIGIN MINIMUM QUOTAS]
SEC. 201. (a) [The annual quota of any quota area shall be one sixth
of 1 per centum of the number of inhabitants in the continental
United States in 1920, which number, except for the purpose of
computing quotas for quota areas within the Asia-Pacific triangle,
shall be the same number heretofore determined under the provisions
of section 11 of the Immigration Act of 1924, attributable by national
origin to such quota area: Provided, That the quota existing for
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Chinese persons prior to the date of enactment of this Act shall be
continued, and, except as otherwise provided in section 202(e), the
minimum quota for any quota area shall be one hundred.
[(b) The determination of the annual quota of any quota area
shall be made by the Secretary of State, the Secretary of Commerce,
and the Attorney General, jointly. Such officials shall, jointly, report
to the President the quota of each quota area, and the President shall
proclaim and make known the quotas so reported. Such determina-
tion and report shall be made and such proclamation shall be issued
as soon as practicable after the date of enactment of this Act. Quotas
proclaimed therein shall take effect on the first day of the fiscal
year, or the next fiscal half year, next following the expiration of six
months after the date of the proclamation, and until such date the
existing quotas proclaimed under the Immigration Act of 1924 shall
remain in effect. After the making of a proclamation under this
subsection the quotas proclaimed therein shall continue with the same
effect as if specifically stated herein and shall be final and conclusive
for every purpose, except (1) insofar as it is made to appear to the
satisfaction of such officials and proclaimed by the President, that an
error of fact has occurred in such determination or in such proclama-
tion, or (2) in the case provided for in section 202(e).
[(c) There shall be issued to quota immigrants chargeable to any
quota (1) no more immigrant visas in any fiscal year than the quota
for such year, and (2) in any calendar month of any fiscal year, no
more immigrant visas than 10 per centum of the quota for such year;
except that during the last two months of any fiscal year immigrant
visas may be issued without regard to the 10 per centum limitation
contained herein.
[(d.) Nothing in this Act shall prevent the issuance (without in-
creasing the total number of quota immigrant visas which may be
issued) of an immigrant visa to an immigrant as a quota immigrant
even though he is a nonquota immigrant.
[(e) The quota numbers available under the annual quotas of each
quota area proclaimed under this Act shall be reduced by the number
of quota numbers which have been ordered to be deducted from the
annual quotas authorized prior to the effective date of the annual
quotas proclaimed under this Act under-
[(1) section 19(c) of the Immigration Act of 1917, as amended;
[(2) the Displaced Persons Act of 1948, as amended; and
[(3) any other Act of Congress enacted prior to the effective
date of the quotas proclaimed under this Act.]
Exclusive of special immigrants defined in section 101(a) (27), and of the
immediate relatives of United States citizens specified in subsection (b)
of this section, the number of aliens who may be issued immigrant visas
or who may otherwise acquire the status of an alien lawfully admitted to
the United States for permanent residence or who may, pursuant to section
203 (a) (7) enter conditionally, (i) shall not in any of the, first three quarters
of any fiscal year exceed a total of 115,000 and (ii) shall not in any fiscal
year exceed a total of 170,000.
(b) The "immediate relative" referred to in subsection (a) of this section
shall mean the children, spouses, and parents of a citizen of the United
States: Provided, that in the case of parents, such citizen must be at
least twenty-one years of age. The immediate relatives specified in this
subsection who are otherwise qualified for admission as immigrants shall
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
be admitted as such, without regard to the numerical limitations in this
Act.
(c) During the period from July 1, 1965, through June 30, 1968, the
annual quota of any quota area shall be the same as that which existed
for that area on June 30, 1965. The Secretary of State shall, not later
than on the sixtieth day immediately following the date of enactment of
this subsection and again on or before September 1, 1966, and Septem-
ber 1, 1967, determine and proclaim the amount of quota numbers which
remain unused at the end of the fiscal year ending on June 30, 1965,
June 30, 1966, and June 30, 1967, respectively, and are available for
distribution pursuant to subsection (d) of this section.
(d) Quota numbers not issued or otherwise used during the previous
fiscal year, as determined in accordance with subsection (c) hereof, shall
be transferred to an immigration pool. Allocation of numbers from the
pool and from national quotas shall not together exceed in any fiscal year
the numerical limitations in subsection (a) of this section. The immi-
gration pool shall be made available to immigrants otherwise admissible
under the provisions of this Act who are unable to obtain prompt issuance
of a preference visa due to oversubscription of their quotas, or sub quotas
as determined by the Secretary of State. Visas and conditional entries
shall be allocated from the immigration pool within the percentage limita-
tions and in the order of priority specified in section 203 without regard
to the quota to which the alien is chargeable.
(e) The immigration pool and the quotas of quota areas shall ter-
minate June 30, 1968. Thereafter immigrants admissible under the
provisions of this Act who are subject to the numerical limitations of sub-
section (a) of this section shall be admitted in accordance with the per-
centage limitations and in the order of priority specified in section 203.
[DETERMINATION OF QUOTA TO WHICH AN IMMIGRANT IS CHARGEABLE]
NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
SEC. 202. (a) [Each independent country, self-governing domin-
ion, mandated territory, and territory under the international trustee-
ship system of the United Nations, other than the United States
and its outlying possessions and the countries specified in section
101(x) (27) (C), shall be treated as a separate quota area when ap-
proved by the Secretary of State. All other inhabited lands shall be
attributed to a quota area specified by the Secretary of State. For
the purposes of this Act, the annual quota to which an immigrant is
chargeable shall be determined by birth within a quota area, except
that-
[(1) an alien child, when accompanied by his alien parent or
parents may be charged to the quota of the accompanying parent
or of either accompanying parent if such parent has received or
would be qualified for an immigrant visa, if necessary to prevent
the separation of the child from the accompanying parent or
parents, and if the quota to which such parent has been or would
be chargeable is not exhausted for that fiscal year;
[(2) if an alien is chargeable to a different quota from that of
his accompanying spouse, the quota to which such alien is charge-
able may, if necessary to prevent the separation of husband and
wife, be determined by the quota of the accompanying spouse,
if such spouse has received or would be qualified for an immigrant
visa and if the quota to which such spouse has been or would be
chargeable is not exhausted for that fiscal year;
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 33
[(3) an alien born in the United States shall be considered
as having been born in the country of which he is a citizen or
subject, or if he is not a citizen or subject of any country then
in the last foreign country in whiche had his residence as
determined by the consular officer;
[(4) an alien born within any quota. area in which neither of
his parents was born and in which neither of his parents had a
residence at the time of such alien's birth may be charged to the
quota area of either parent;
[(5) notwithstanding the provisions of paragraphs (2), (3),
and (4) of this subsection, any alien who is attributable by as
much as one-half of his ancestry to a people or peoples indigenous
to the Asia-Pacific triangle defined in subsection (b) of this sec-
tion, unless such alien is entitled to a non-quota immigrant
status under paragraph (27) (A), (27) (B), (27) (D), (27) (E),
(27) (F), or (26) (G) of section 101(a) shall be chargeable to a
quota as specified in subsection (b) of this section: Provided,
That the child of an alien defined in section 101 (a) (27) (C), if
accompanying or following to join him, shall be classified under
section 101 (a) (27) (C), notwithstanding the provisions of sub-
section (b) of this section.
[(b) With reference to determination of the quota to which shall
be chargeable an immigrant who is attributable by as much as one-half
of his ancestry to a people or peoples indigenous to the Asia-Pacific
triangle comprising all quota areas and all colonies and other de-
pendent areas situate wholly east of the meridian sixty degrees east
of Greenwich, wholly west of the meridian one hundred and sixty-five
degrees west, and wholly north of the parallel twenty-five degrees
south latitude-
[(1) there is hereby established, in addition to quotas for sep-
arate quota areas comprising independent countries, self-govern-
ing dominions, and territories under the international trusteeship
system of the United Nations situate wholly within said Asia-
Pacific triangle, an Asia-Pacific quota of one hundred annually,
which quota shall not be subject to the provisions of subsection (e) ;
[(2) such immigrant born within a separate quota area situate
wholly within such Asia-Pacific triangle shall not be chargeable
to the Asia-Pacific quota, but shall be chargeable to the quota for
the separate quota area in which he was born;
[(3) such immigrant born within a colony or other dependent
area situate wholly within said Asia-Pacific triangle shall be
chargeable to the Asia-Pacific quota;
[(4) such immigrant born outside the Asia-Pacific triangle who
is attributable by as much as one-half of his ancestry to a people
or peoples indigenous to not more than one separate quota area,
situate wholly within the Asia-Pacific triangle, shall be chargeable
to the quota of that quota area;
[(5) such immigrant born outside the Asia-Pacific triangle who
is attributable by as much as one-half of his ancestry to a people
or peoples indigenous to one or more colonies or other dependent
areas situate wholly within the Asia-Pacific triangle, shall be
chargeable to the Asia-Pacific quota;
[(6) such immigrant born outside the Asia-Pacific triangle who
is attributable by as much as one-half of his ancestry to peoples
indigenous to two or more separate quota areas situate wholly
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34 AMENDING THE IMMIGRATION AND NATIONALITY ACTT
within the Asia-Pacific triangle, or to a quota area or areas and
one or more colonies and other dependent areas situate wholly
therein, shall be chargeable to the Asia-Pacific quota.
[(c) Any immigrant born in a colony or other component or
dependent area of a governing country for which no separate or
specific quota has been established, unless a nonquota immigrant as
provided in section 101(a) (27) of this Act, shall be chargeable to the
quota of the governing country, except that (1) not more than one
hundred persons born in any one such colony or other component or
dependent area overseas from the governing country shall be charge-
able to the quota of its governing country in any one year, and (2) any
such immigrant, if attributable by as much as one-half of his ancestry
to a people or peoples indigenous to the Asia-Pacific triangle, shall be
chargeable to a quota as provided in subsection (b) of this section.
f (d) The provision of an immigration quota for a quota area shall
not constitute recognition by the United States of the political transfer
of territory from one country to another, or recognition of a. govern-
ment not recognized by the United States.
[(e) After the determination of quotas has been made as provided
in section 201, revision of the quotas shall be made by the Secretary
of State, the Secretary of Commerce, and the Attorney General,
jointly, whenever necessary, to provide for any change of boundaries
resulting in transfer of territory from one sovereignty to another, a
change of administrative arrangements of a colony or other dependent
area, or any other political change, requiring a change in the list of
quota areas or of the territorial limits thereof. In the case of any
change in the territorial limits of quota areas, not requiring a change
in the quotas for such areas, the Secretary of State shall, upon recogni-
tion of such change, issue appropriate instructions to all consular
offices concerning the change in the territorial limits of the quota
areas involved. Whenever one or more colonies or other component
or dependent areas overseas from the governing country, or one or
more quota areas have been subject to a change of administrative
arrangements, a change of boundaries, or any other political change,
the annual quota of the newly established quota area or the number
of visas authorized to be issued under section 202(c)(l), notwith-
standing any other provisions of this Act, shall not be less than the
sum total of quotas in effect or number of visas authorized for the
area immediately preceding the change of administrative arrange-
ments, change of boundaries, or other political change.] No person
shall receive any preference or priority or be discriminated against in
the issuance of an immigrant visa because of his race, sex, nationality,
place of birth, or place of residence, except as specifically provided in
section 101(a)(27), section 201(b), and section 203: Provided, That the
total number of immigrant visas and the number of conditional entries
made available to natives of any single foreign state under paragraphs (1)
through (8) of section 203(a) shall not exceed 20,000 in any fiscal year:
Provided further, That the foregoing proviso shall not operate to reduce
the number of immigrants who may be admitted under the quota of any
quota area before June 30, 1968.
(b) Each independent country, self-governing dominion, mandated
territory, and territory under the international trusteeship system of the
United Nations, other than the United States and its outlying possessions
shall be treated as a separate foreign state for the purposes of the numerical
limitation set forth in the proviso to subsection (a) of this section when
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 35
approved by the Secretary of State. All other inhabited lands shall be
attributed to a foreign state specified by the Secretary of State. For
the purposes of this Act the foreign state to which an immigrant is
chargeable shall be determined by birth within such foreign state except
that (1) an alien child, when accompanied by his alien parent or parents
may be charged to the same foreign state as the accompanying parent or
of either accompanying parent if such parent has received or would be
qualified for an immigrant visa, if necessary to prevent the separation
of the child from the accompanying parent or parents, and if the foreign
state to which such parent has been or would be chargeable has not exceeded
the numerical limitation set forth in the proviso to subsection (a) of this
section for that fiscal year; (2) if an alien is chargeable to a different
foreign state from that of his accompanying spouse, the foreign state
to which such alien is chargeable may, if necessary to prevent the sepa-
ration of husband and wife, be determined by the foreign state of the
accompanying spouse, if such spouse has received or would be qualified
for an immigrant visa and if the foreign state to which such spouse has
been or would be chargeable has not exceeded the numerical limitation
set forth in the proviso to subsection (a) of this section for that fiscal
year; (3) an alien born in the United States shall be considered as
having been born in the country of which he is a citizen or subject, or if
he is not a citizen or subject of any country then in the last foreign
country in which he had his residence as determined by the consular
officer; (4) an alien born within any foreign state in which neither of
his parents was born and in which neither of his parents had a residence
at the time of such alien's birth may be charged to the foreign state of
either parent.
(c) Any immigrant born in a colony or other component or dependent
area of a foreign state unless a special immigrant as provided in section
101(a) (27) or an immediate relative of a United States citizen as specified
in section 201 (b), shall be chargeable, for the purpose of limitation set
forth in section 202(a), to the foreign state, except that the number of
persons born in any such colony or other component or dependent area
overseas from the foreign state chargeable to the foreign state in any one
fiscal year shall not exceed 1 per centum of the maximum number of
immigrant visas available to such foreign state.
(d) In the case of any change in the territorial limits of foreign states,
the Secretary of Mate shall, upon recognition of such change, issue
appropriate instructions to all diplomatic and consular offices.
ALLOCATION OF IMMIGRANT VISAS [WITHIN QUOTAS]
SEC. 203. (a) [Immigrant visas to quota immigrants shall be
allotted in each fiscal year as follows:
[(1) The first 50 per centum of the quota of each quota area for
such year, plus any portion of such quota not required for the issuance
of immigrant visas to the classes specified in paragraphs (2) and (3),
shall be made available for the issuance of immigrant visas (A) to
qualified quota immigrants whose services are determined by the
Attorney General to be needed urgently in the United States because
of the high education, technical training, specialized experience, or
exceptional ability of such immigrants and to be substantially bene-
ficial prospectively to the national economy, cultural interests, or
welfare of the United States, and (B) to qualified quota immigrants
who are the spouse or children of any immigrant described in clause
(A) if aceompan ing or fo l1ow' to of },~I
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36 AMENDING THE IMMIGRATION AND NATIONALITY ACT
[(2) The next 30 per centum of the quota for each quota area for
such year, plus any portion of such quota not required for the issuance
of immigrant visas to the classes specified in paragraphs (1) and (3),
shall be made available for the issuance of immigrant visas to qualified
quota immigrants who are the parents of citizens of the United States,
such citizens being at least twenty-one years of age or who are the
unmarried sons or daughters of citizens of the United States.
[(3) The remaining 20 per centum of the quota for each quota
area for such year, plus any portion of such quota not required for
the issuance of immigrant visas to the classes specified in paragraphs
(1) and (2), shall be made available for the issuance of immigrant
visas to qualified quota immigrants who are the spouses or the un-
married sons or daughters of aliens lawfully admitted for permanent
residence.
[(4) Any portion of the quota for each quota area for such year
not required for the issuance of immigrant visas to the classes specified
in paragraphs (1), (2), and (3) shall be made available for the issuance
of immigrant visas to other qualified quota immigrants chargeable
to such quota. Qualified quota immigrants of each quota area who
are the brothers, sisters, married sons or married daughters of citizens
of the United States shall be entitled to a preference of not exceeding
50 per centum of the immigrant visas available for issuance for each
quota area under this paragraph, and such preference shall be available
to the spouses and children of such qualified quota immigrants if
accompanying them.
[(b) Quota immigrant visas issued pursuant to paragraph (1) of
subsection (a) shall, in the case of each quota area, be issued to
eligible quota immigrants in the order in which a petition on behalf
of each such immigrant is filed with the Attorney General as provided
in section 204; and shall be issued in the first calendar month after
receipt of notice of approval of such petition in which a quota number
is available for an immigrant chargeable to such quota area.
[(c) Quota immigrant visas issued to aliens in the classes designated
in paragraphs (2), (), and (4) of subsection (a) shall, in the case of
each quota, be issued to qualified quota immigrants strictly in the
chronological order in which such immigrants are registered in each
class on quota waiting lists which shall be maintained for each quota
in accordance with regulations prescribed by the Secretary of State.
[(d) In determining the order for consideration of applications for
quota immigrant visas under subsection (a), consideration shall be
given first to applications under paragraph (1), second to applications
under paragraph (2), third to applications under paragraph (3), and
fourth to applications under paragraph (4).
[(e) Every immigrant shall be presumed to be a quota immigrant
until he establishes to the satisfaction of the consular officer, at the
time of application for a visa, and to the immigration officers, at the
time of application for admission, that he is a nonquota immigrant.
Every quota immigrant shall be presumed to be a nonpreference
quota immigrant until he establishes to the satisfaction of the con-
sular officer and the immigration officers that he is entitled to a prefer-
ence quota status under paragraph (1), (2), or (3) of subsection (a)
or to a preference under paragraph (4) of such subsection.] Aliens
who are subject to the numerical limitations specified in section 201(a)
shall be allotted visas or their conditional entry authorized, as the case
may be, as follows:
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 37
(1) Visas shall be first made available, in a numbsr not to exceed 20
per centum of the number specified in section 201 (a) (ii), to qualified
immigrants who are the unmarried sons or daughters of citizens of the
United States.
(2) Visas shall next be made available, in a number not to exceed 20
per centum of the number specified in section 201 (a) (ii), plus any visas
.not required for the classes specified in paragraph (1), to qualified immi-
grants who are the spouses, unmarried sons or unmarried daughters of
an alien lawfully admitted for permanent residence.
(3) Visas shall next be made available, in a number not to exceed 10
per centum of the number specified in section 201(a) (ii), to qualified
immigrants who are members of the professions, or who because of their
.exceptionall ability in the sciences or the arts, will substantially benefit
prospectively the national economy, cultural interests, or welfare of the
United States.
(4) Visas shall next be made available, in a number not to exceed 10
per centum of the number specified in section 201 (a) (ii), plus any visas
not required for the classes specified in paragraphs (1) through (3), to
qualified immigrants who are the married sons or the married daughters
of citizens of the United States.
(5) Visas shall next be made available, in a number not to exceed 24
per centum of the number specified in section 201(a) (ii), plus any visas
not required for the classes specified in paragraphs (1) through (4), to
qualified immigrants who are the brothers or sisters of citizens of the
United States.
(6) Visas shall next be made available, in a number not to exceed 10
per centum of the number specified in section 201(a) (ii), to qualified
immigrants who are capable of performing specified skilled or unskilled
labor, not of a temporary or seasonal nature, for which a shortage of
.employable and willing persons exists in the United States.
(7) Conditional entries shall next be made available by the Attorney
General, pursuant to such regulations as he may prescribe and in a
number not to exceed 6 per centum of the number specified in section
.201(a) (ii), to aliens who satisfy an Immigration and Naturalization
Service officer at an examination in any non-Communist or non-Commu-
nist-dominated country, (A) that (i) because of persecution or fear of
persecution on account of race, religion or political opinion they have fled
(I) from any Communist or Communist-dominated country or area, or (II)
from any country within the general area of the Middle East, and (ii)
are unable or unwilling to return to such country or area on account of
race, religion, or political opinion, and (iii) are not nationals of the
countries or areas in which their application for conditional entry is
made; or (B) that they are persons uprooted by catastrophic natural
calamity as defined by the President who are unable to return to their
usual place of abode. For the purpose of the foregoing the term "general
area of the Middle East" means the area between and including (1) Libya
on the west, (2) Turkey on the north, (3) Pakistan on the east, and
(4) Saudi Arabia and Ethiopia on the south: Provided, That immigrant
visas in a number not exceeding one-half the number specified in this
paragraph may be made available, in lieu of conditional entries of a like
number, to such aliens who have been continuously physically present
in the United States for a period of at least two years prior to application
for adjustment of status.
(8) Visas authorized in any fiscal year, less those required for issuance
to the classes specified in paragraphs (1) through (6) and less the number
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38 AMENDING THE IMMIGRATION AND NATIONALITY ACT
of conditional entries and visas made available pursuant to paragraph (7),..
shall be made available to other gualified immigrants strictly in the chron-
ological order in which they gualify. Waiting lists of applicants shall be
maintained in accordance with regulations prescribed by the Secretary of
State. No immigrant visa shall be issued to a nonpreference immigrant
under this paragraph, or to an immigrant with a preference under para-
graph (3) or (6) of this subsection, until the consular officer is in receipt
of a determination made by the Secretary of Labor pursuant to the provi-
sions of section 212 (a)(14).
(9) A spouse or child as defined in section 101(b) (1) (A), (B), (C), (D),.
or (E) shall, if not otherwise entitled to an immigrant status and the imme-
diate issuance of a visa or to conditional entry under paragraphs (1)
through (8), be entitled to the same status, and the same order of con-
sideration provided in subsection (b), if accompanying, or following to
join, his spouse or parent.
(b) In considering applications for immigrant visas under subsection
(a) cjnsideration shall be given to applicants in the order in which the
classes of which they are members are listed in subsection (a).
(c) Immigrant visas issued pursuant to paragraphs (1) through (6) of
subsection (a) shall be issued to eligible immigrants in the order in which
a petition in behalf of each such immigrant is fled with the Attorney
General as provided in section 204.
(d) Every immigrant shall be presumed to be a non preference immi-
grant until he establishes to the satisfaction of the consular officer and the
immigration officer that he is entitled to a preference status under para-
graphs (1) through (6) of subsection (a), or to a special immigrant status
under section 101(a) (27), or that he is an immediate relative of a United
States citizen as specified in section 201(b). In the case of any alien
claiming in his application for an immigrant visa to be an immediate
relative of a United States citizen as specified in section 201(b) or to be
entitled to preference immigrant status under paragraphs (1) through (6)
of subsection (a), the consular officer shall not grant such status until he
has been authorized to do so as provided by section 204.
(e) For the purposes of carrying out his responsibilities in the orderly
administration of this section, the Secretary of State is authorized to
make reasonable estimates of the anticipated numbers of visas to be issued
during any quarter of any fiscal year within each of the categories of
subsection (a), and to rely upon, such estimates in authorizing the issuance
of such visas. The Secretary of State, in his discretion, may terminate
the registration on a waiting list of any alien who fails to evidence his
continued intention to apply for a visa in such manner as may be by
regulation prescribed.
(f) The Attorney General shall submit to the Congress a report con-
taining complete and detailed statement of facts in the case of each alien
who conditionally entered the United States pursuant to subsection (a) (7)
of this section. Such reports shall be submitted on or before January 15
and June 15 of each year.
(g) Any alien who conditionally entered the United States as a refugee,,
pursuant to subsection (a) (7) of this section, whose conditional entry has
not been terminated by the Attorney General pursuant to such regulations.
as he may prescribe, who has been in the United States for at least two
years, and who has not acquired permanent residence, shall forthwith
return or be returned to the custody of the Immigration and Naturalization
Service and shall thereupon be inspected and examined for admission
into the United States, and his case zdeDDallttt with q in accordance with the
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
(h) Any alien who, pursuant to subsection (g) of this section, is found,.
upon inspection by the immigration officer or after hearing before a special:
inquiry officer, to be admissible as an immigrant under this Act at the time
of his inspection and examination, except for the fact that he was not and
is not in possession of the documents required by section ,212(a) (20),
shall be regarded as lawfully admitted to the United States for permanent'
residence as of the date of his arrival.
"
PROCEDURE FOR GRANTING IMMIGRANT STATUS [UNDER SECTION
101(a) (27)(F) (i) OR SECTION 203(a) (1) (A)]
SEC. 204. (a) [In the case of any alien claiming in his application:
for an immigrant visa to be entitled to an immigrant status under
section 101(a) (27) (F) (i) or section 203 (a) (1) (A), the consular officer
shall not grant such status until he has been authorized to do so as
provided in this section.
[(b) Any person, institution, firm, organization, or governmental
agency desiring to have an alien classified as an immigrant under
section 101(a) (27) (F) (i) or section 203 (a) (1) (A) shall file a petition
with the Attorney General for such classification of the alien. The
petition shall be in such form as the Attorney General may by regula-
tions prescribe and shall state the basis for the need of the services
of such alien and contain such additional information and be sup-
ported by such documentary evidence as may be required by the
Attorney General. The petition shall be made under oath admin-
istered by any individual having authority to administer oaths, if
executed in the United States, but, if executed outside the United
States, administered by a consular officer.
[(c) After an investigation of the facts in each case, and after
consultation with appropriate agencies of the Government, the
Attorney General shall, if he determines that the facts stated in the
petition are true and that the alien in respect of whom the petition is
made is eligible for an immigrant status under section 101(a) (27) (F) (i)
or section 203 (a) (1) (A), approve the petition and forward one copy
thereof to the Department of State. The Secretary of State shall then
authorize the consular officer concerned to grant such immigrant
status. The Attorney General shall forward to the Congress a report.
on each approved petition for immigrant status under section 203 (a) (1)
stating the basis for his approval and such facts as were by him..
deemed to be pertinent in establishing the beneficiary's qualifications
for the preferential status and for the petitioner's urgent need for his.
services. Such reports shall be submitted to the Congress on the first
and fifteenth day of each calendar month in which the Congress is in..
session.
[(d) Nothing in this section shall be construed to entitle an im-
migrant, in respect of whom a petition under this section is ap-
proved, to enter the United States as an immigrant under section
101(a) (27) (F) (i) or section 203 (a) (1) (A) if upon his arrival at a
port of entry in the United States he is found not to be entitled to,
such classification.] Any citizen of the United States claiming that
an alien is entitled to a preference status by reason of the relationships
described in paragraphs (1), (4), or (6) of section 203(a), or to an imme-
diate relative status under section 201(b), or any alien lawfully admitted
for permanent residence claiming that an alien is entitled to a preference
status by reason of the relationship described in section 203(a)(P), or-
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
any alien desiring to be classified as a preference immigrant under
section 203(a) (3) (or any person on behalf of such an alien), or any
person desiring and intending to employ within the United States an
alien entitled to classification as a preference immigrant under section
.203(a) (6), may file a petition with the Attorney General for such classifi-
cation. The petition shall be in such form as the Attorney General
,may by regulations prescribe and shall contain such information and
be supported by such documentary evidence as the Attorney General
may require. The petition shall be made under oath administered by
any individual having authority to administer oaths, if executed in the
United States, but, if executed outside the United States, administered
by a consular officer.
(b) After an investigation of the facts in each case, and after consulta-
tion with the Secretary of Labor with respect to petitions to accord a
status under section 230(a)(3) or (6), the Attorney General shall, if he
determines that the facts stated in the petition are true and that the alien in
.behalf of whom the petition is made is an immediate relative specified in
section 2201(b) or is eligible for a preference status under section 230(a),
approve the petition and forward one copy thereof to the Department of
State. The Secretary of State shall then authorize the consular officer
,concerned to grant the preference status.
(c) Notwithstanding the provisions of subsection (b) no more than two
petitions may be approved for one petitioner in behalf of a child as defined
in section 101 (b) (1) (E) or (F) unless necessary to prevent the separation
of brothers and sisters and no petition shall be approved if the alien has
previously been accorded a non quota or preference status as the spouse of
a citizen of the United States or the spouse of an alien lawfully admitted
for permanent residence, by reason of a marriage determined by the
Attorney General to have been entered into for the purpose of evading the
immigration laws.
(d) The Attorney General shall forward to the Congress a report on
each approved petition for immigrant status under sections 203 (a) (3) or
203(a) (6) stating the basis for his approved and such facts as were by
him deemed to be pertinent in establishing the beneficiary's qualifications
for the preferential status. Such reports shall be submitted to the Con-
gress on the first and fifteenth (lay of each calendar month in which the
Congress is in session.
(e) Nothing in this section shall be construed to entitle an immigrant,
in behalf of whom, a petition under this section is approved, to enter the
United States as a preference immigrant under section 203(a) or as an
immediate relative under section 201 (b) if upon his arrival at a port of
entry in the United States he is found not to be entitled to such classifi-
cation.
.[PROCEDURE FOR GRANTING NONQUOTA STATUS OR PREFERENCE BY
REASON OF RELATIONSHIP]
[SEC. 205. (a) In the case of any alien claiming in his application
for an immigrant visa to be entitled to a nonquota immigrant status
under section 101(a) (27) (A), or to a quota immigrant status under
section 203 (a) (2) or 203 (a) (3), or to a preference under section 203 (a)
(4), the consular officer shall not grant such status or preference until
he has been authorized to do so as provided in this section.
[(b) Any citizen of the United States claiming that any immigrant
is his spouse or child and that such immigrant is entitled to a non-
quota Immigrant status under section 1011p)127) ((A), v c tt~~
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 41
of the United States claiming that any immigrant is his parent or
unmarried son or unmarried daughter and that such immigrant is,
entitled to a quota immigrant status under section 203(a)(2), or any
alien lawfully admitted for permanent residence claiming that any
immigrant is his spouse or his unmarried son or his unmarried daughter
and that such immigrant is entitled to a quota immigrant status
under section 203(a) (3), or any citizen of the United States claiming
that any immigrant is his brother or sister or his married son or his
married daughter and that such immigrant is entitled to a preference
under section 203(a) (4) may file a petition with the Attorney General.
No petition for quota immigrant status or a preference in behalf of
a son or daughter under paragraph (2), (3), or (4) of section 203(a))
of the Immigration and Nationality Act shall be approved by the.
Attorney General unless the petitioner establishes that he is a parent
as defined in section 101(b)(2) of the Immigration and Nationality
Act of the alien in respect to whom the petition is made, except that,
no such petition shall be approved if the beneficiary thereof is an
alien defined in section 101(b)(1)(F). No petition for nonquota,
immigrant status in behalf of a child as defined in section 101(b) (1) (F)
shall be approved by the Attorney General unless the petitioner
establishes to the satisfaction of the Attorney General that the,
petitioner and spouse will care for such child properly if he is admitted
to the United States, and (i) in the case of a child adopted abroad,
that the petitioner and spouse personally saw and observed the
child prior to or during the adoption proceedings, and (ii) in the.
case of a child coming to the United States for adoption, that the
petitioner and spouse have complied with the'preadoption require-
ments, if any, of the State of such child's proposed residence. The
petition shall be in such form and shall contain such information and
be supported by such documentary evidence as the Attorney General
may by regulations prescribe. The petition shall be made under
oath administered by any individual having authority to administer
oaths, if executed in the United States, but, if executed outside, the
United States, administered by an immigration officer or a consular
officer.
E(c) After an investigation of the facts in each case the Attorney
General shall, if he determines the facts stated in the petition are true
and that the alien in respect of whom the petition is made is eligible
for a nonquota immigrant status under section 101(a) (27) (A), or for
a quota immigrant status under section 203(a)(2) or 203(a)(3), or for
a preference under section 203 (a) (4), approve the petition and forward
one copy thereof to the Department of State. Not more than two
such petitions may be approved for one petitioner in behalf of a child
as defined in section 101(b) (1) (E) or (F), unless necessary to prevent
the separation of brothers and sisters. The Secretary of State shall
then authorize the consular officer concerned to grant the nonquota
immigrant status, quota immigrant status, or preference, as the case
may be. Notwithstanding the provisions of this subsection, no
petition shall be approved if the alien previously has been accorded,
by reason of marriage determined by the Attorney General to have
been entered into for the purpose of evading the immigTation laws-
[(1) a nonquota status under section 101(a)(27)(A) as the
spouse of a citizen of the United States, or
[(2) a preference quota status under section 203(a) (3) as the
spouse of an alien lawfully admitted for permanent residence.
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42 AMENDING THE IMMIGRATION AND NATIONALITY ACT
[(d) Nothing in this section shall be construed to entitle an immi-
grant, in respect of whom a petition under this section is approved,
to enter the United States as a nonquota immigrant under section
101(a) (27) (A) if upon his arrival at a port of entry in the United
States he is found not to be entitled to such classification, or to enter
the United States as a quota immigrant under section 203(a)(2) or
'203(a)(3) if upon his arrival at a:port of entry in the United States he
is found not to be entitled to such classification, or to enter the United
States as a preference quota immigrant under section 203 (a) (4) if upon
his arrival at a port of entry in the United States he is found not to
be entitled. to such preference.]
REVOCATION OF APPROVAL OF PETITIONS
[SEC. 206.] SEc. 205. The Attorney General may, at any time, for
what he deems to be good and sufficient cause, revoke the approval
,of any petition approved by him under section 204 [, section 205, or
section 214(c) of this title]. Such revocation shall be effective as of
the date of approval of any such petition. In no case, however, shall
such revocation have effect unless there is mailed to the petitioner's
last known address a notice of the revocation and unless notice of the
revocation is communicated through the Secretary of State to the
beneficiary of the petition before such beneficiary commences his
Journey to the United States. If notice of revocation is not so given,
and the beneficiary applies for admission to the United States, his
admissibility shall be determined in the manner provided for by
sections 235 and 236.
UNUSED [QUOTA] IMMIGRANT VISAS
[SEC. 207.] SEC. 206. If [a quota] an immigrant having an immi-
grant visa is excluded from admission to the United States and de-
ported, or does not apply for admission [to the United States] before
the expiration of the validity of [the immigrant] his visa, or if an
alien having an immigrant visa issued to him as a [quota] preference
immigrant is found not to be a [quota] preference immigrant, [no
immigrant visa shall be issued in lieu thereof to any other immigrant]
an immigrant visa or a preference immigrant visa, as the case may be,
may be issued in lieu thereof to another qualified alien.
Section 211 of the Immigration and Nationality Act
SEC. 211. (a) Except as provided in subsection (b) [No] no immi-
grant shall be admitted into the United States unless at the time of
application for admission lie (1) has a valid unexpired immigrant visa
or was born subsequent to the issuance of such [immigrant] visa to
the accompanying parent, and (2) [is properly chargeable to the quota
specified in the immigrant visa, (3) is a nonquota immigrant if specified
as such in the immigrant visa, (4) is of the proper status under the
quota specified in the immigrant visa, and (5) is otherwise admissible
under this Act.] presents a valid unexpired passport or other suitable
travel document, or document of identify and nationality, if such docu-
ment is required under the regulations issued by the Attorney General.
With respect to immigrants to be admitted under quotas of quota areas
prior to June 80, 1968, no immigrant visa shall be deemed valid unless
the immigrant is properly chargeable to the quota area under the quota
of which the visa is issued.
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 43
(b) Notwithstanding the provisions of section 212 (a) (20) of this
;act [,] in such cases or in such classes of cases and under such condi-
tions as may be by regulations prescribed, [otherwise admissible
aliens, lawfully admitted for permanent residence who depart from
the United States temporarily] returning resident immigrants, defined
in section 101 (a) (27) (B), who are otherwise admissible may be read-
mitted to the United States by the Attorney General in his discretion
without being required to obtain a passport, immigrant visa, reentry
pperntit or other documentation.
[(c) The Attorney General may in his discretion, subject to
subsection (d), admit to the United States any otherwise admissible
immigrant not admissible under clause (2), (3), or (4) of subsection
(a), if satisfied that such inadmissibility was not known to and could
not have been ascertained by the exercise of reasonable diligence by,
such immigrant prior to the departure of the vessel or aircraft from
the last port outside the United States and outside foreign contiguous
territory, or, in the case of an immigrant coming from foreign con-
tiguous territory, prior to the application of the immigrant for ad-
mission.
(d) No quota immigrant within clause (2) or (3) of subsection (a)
shall be admitted under subsection (c) if the entire number of immi-
grant visas which may be issued to quota immigrants under the same
quota for the fiscal year, or the next fiscal year, has already been
issued. If such entire number of immigrant visas has not been
issued, the Secretary of State, upon notification by the Attorney
General of the admission under subsection (c) of a quota immigrant
within clause (2) or (3) of subsection (a), shall reduce by one the
number of immigrant visas which may be issued to quota immigrants
under the same quota during the fiscal year in which such immigrant
is admitted, or, if the entire number of immigrant visas which may be
issued to quota immigrants under the same quota for the fiscal year
has been issued, then during the next following fiscal year.
[(e) Every alien making application for admission as an immigrant
shall present a valid unexpired passport, or other suitable travel
document, or document of identity and nationality, if such document
is required under the regulations issued by the Attorney General.]
Paragraphs (1), (4), (14), (20), (21), and (24) of Section 212(a) of the
Immigration and Nationality Act
SEc. 212. (a) Except as otherwise provided in this Act, the following
,classes of aliens shall be ineligible to receive visas and shall be excluded
from admission into the United States:
(1) Aliens who are [feeble-minded] mentally retarded:
(4) Aliens afflicted with psychopathic personality, [epilepsy] or
sexual deviation, or a mental defect;
* * * * * * *
(14) Aliens seeking to enter the United States for the purpose of
performing skilled or unskilled labor, [if] unless the Secretary of Labor
has determined and certified to the Secretary of State and to the
Attorney General that (A) there are not sufficient workers in the
United States who are able, willing, [and] qualified, [are] and
available at the time [(] of application for a visa and [for] admission
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44 AMENDING THE IMMIGRATION AND NATIONALITY ACT
to the United States [)] and at the place [( to which the alien is
destined [)] to perform such skilled or unskilled labor, [or] and (B)
the employment of such aliens will not adversely affect the wages and
working conditions of the workers in the United States similarly
employed. The exclusion of aliens under this paragraph shall apply
[only to the following classes: (i) those aliens described in the non
preference category of section 203(a)(4), (ii) those aliens described in
section 101(a) (27) (C), (27) (D), or (27) (E) (other than the parents,
spouses, or children of United States citizens or of aliens lawfully
admitted to the United States for permanent residence), unless their
services are determined by the Attorney General to be needed urgently
in the United States because of the high education, technical training,
specialized experience, or exceptional ability of such immigrants and
to be substantially beneficial prospectively to the national economy,
cultural interest or welfare of the United States;] to special immigrants
defined in section 101(a) (27) (A) (other than the parents, spouses, or
children of United States citizens or of aliens lawfully admitted to the
United States for permanent residence), to preference immigrant aliens
described in section 203(a) (3) and (6), and to nonpreference immigrant:
aliens described in section 203(a) (8);
* * * * * * *
(20) Except as otherwise specifically provided in this Act, any immi-
grant who at the time of application for admission is not in posses-
sion of a valid unexpired immigrant visa, reentry permit, border
crossing identification card, or other valid entry document required
by this Act, and a valid unexpired passport, or other suitable travel
document, or document of identity and nationality, if such document
is required under the regulations issued by the Attorney General
pursuant to section 211 [(e)](a);
(21) Except as otherwise specifically provided in this Act, any
[quota] immigrant at the time of application for admission whose
visa has been issued without compliance with the provisions of
section 203;
(24) Aliens [(other than those aliens who are native-born citizens
of countries enumerated in section 101(a) (27) (C) and aliens described
in section 101(a) (27) (B)) ] other than aliens described in section
101(a) (27) (A) and (B) who seek admission from foreign contiguous
territory or adjacent islands, having arrived there on a vessel or air-
craft of a nonsignatory line, or if signatory, a noncomplying trans-
portation line under section 238(a) and who have not resided- for at
least two years subsequent to such arrival in such territory or adjacent
islands;
Section 212 (f), (g), and (h) of the Immigration and Nationality Act,
as added by the Act of September 26, 1961
[(f)] (g) Any alien who is excludable from the United States under
Paragraph (1) of subsection (a) of this section, or any alien afflicted with
tuberculosis in any form who (A) is the spouse or the unmarried son or
daughter, or the minor unmarried lawfully adopted child, of a United
States citizen, or of an alien lawfully admitted for permanent residence;
or of an alien who has been issued an immigrant visa, or (B) has a son
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or daughter who is a United States citizen, or an. alien lawfully ad-
mitted for permanent residence, or an alien who has been issued an
immigrant visa, shall, if otherwise admissible, be issued a visa and
admitted to the United States for permanent residence in accordance
with such terms, conditions, and controls, if any, including the giving
of a bond, as the Attorney General, in his discretion after consultation
with the Suro'eon General of the United States Public Health Service,
may by Iegulations prescribe. Any alien excludable under paragraph
(3) of subsection (a) of this section because of past history of mental illness
who has one of the same family relationships as are prescribed in this
subsection for aliens afflicted with tuberculosis and whom the Surgeon
General of the United States Public I-Iealth Service finds to have been free
of such mental illness for a pericd of time sufficient in the light of such
history to demonstrate recovery shall be eligible for a visa in accordance with
the terms of this subsection.
[(g)I (h)
[(h)I(i)***
Section 221(a) of the Immigration and Nationality Act
SEc. 221. (a) Under the conditions hereinafter prescribed and
subject to the limitations prescribed in this Act or regulations issued
thereunder, a consular officer may issue (1) to an immigrant who
has made proper application therefor, an immigrant visa which
shall consist of one copy of the application provided for in section
222, visaed by such consular officer, and shall specify the quota, if
any, to which the immigrant is charged, the immigrant's particular
status under such quota, [the particular non-quota category in which
the immigrant is classified, if a non-quota immigrant,] the preference,
non-preference, immediate relative, or special immigration classification
to which the alien is charged the date on which the validity of the visa
shall expire, and such additional information as may be required;
and (2) to a nonimmigrant who has made proper application therefor,
a nonimmigrant visa, which shall specify the classification under
section 101(a) (15) of the nonimmigrant, the period during which the
nonimmigrant visa shall be valid, and such additional information
as may be required.
Section 221(c) of the Immigration and Nationality Act
(c) An immigrant visa shall be valid for such period, not exceeding
four months, as shall be by regulations prescribed, except that any
visa issued to a child lawfully adopted by a United States citizen and
spouse while such citizen is serving abroad in the United States Armed
Forces, or is employed abroad by the United States Government, or
is temporarily abroad on business, shall be valid until such time, for
a period not to exceed three years, as the adoptive citizen parent
returns to the United States in due course of his service, employment,
or business. A nonimmigrant visa shall be valid for such periods as
shall be by regulations prescribed. In prescribing the period of
validity of a nonimmigrant visa in the case of nationals of any foreign
country who are eligible for such visas, the Secretary of State shall,
insofar as practicable, accord to such nationals the same treatment
upon a reciprocal basis as such foreign country accords to nationals
of the United States who are within a similar class. An immigrant
visa may be replaced under the original [quota] number during the
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46 AMENDING THE IMMIGRATION AND NATIONALITY ACT
an immigrant who establishes to the satisfaction of the consular
officer that he was unable to use the original immigrant visa during
the period of its validity because of reasons beyond his control and
for which he was not responsible: Provided, the consular officer is in
possession of the duplicate signed copy of the original visa, the
immigrant is found by the consular officer to be eligible for an immi-
grant visa and the immigrant pays again the statutory fees for an
application and an immigrant visa.
Section 221(g) of the Immigration and Nationality Act
(g) No visa or other documentation shall be issued to an alien if
(1) it appears to the consular officer, from statements in the applica-
tion, or in the papers submitted therewith, that such alien is in-
eligible to receive a visa or such other documentation under section
212, or any other provision of law, (2) the application fails to comply
with the provisions of this Act, or the regulations issued thereunder,
or (3) the consular officer knows or has reason to believe that such
alien is ineligible to receive a visa or such other documentation
under section 212, or any other provision of law: Provided, That a
visa or other documentation may be issued to an alien who is within
the purview of section 212(a) (7), or section 212(a) (15), if such alien
is otherwise entitled to receive a visa or other documentation, upon
receipt of notice by the consular officer from the Attorney General
of the giving of a bond or undertaking providing indemnity as in the
case of aliens admitted under section 213 [.]: Provided further, That
a visa may be issued to an alien defined in section 101(a) (15) (B) or an
alien defined in section 101 (a) (15) (F), in whose behalf evidence has been
submitted that he will be admitted and regularly enrolled as a student at
an educational institution within the United States approved by the
Attorney General, if such alien is otherwise entitled to receive a visa, upon
receipt of a notice by the consular officer from the Attorney General or to
giving of a bond with sufficient surety in such sum and containing such
conditions as the consular officer shall prescribe, to insure that at the
expiration of the time for which such alien has been admitted by the
Attorney General, as provided in section 214(a), or upon failure to
maintain the status under which he was admitted, or to maintain any
status subsequently acquired under section 248 of the Act, such alien will
depart from the United States.
Section 222(a) of the Immigration and Nationality Act
SEC. 222. (a) Every alien applying for an immigrant visa and for
alien registration shall make application therefor in such form and
manner and at such place as shall be by regulations prescribed. In
the application the immigrant shall state his full and true name, and
any other name which he has used or by which he has been known; age
and sex; the date and place of his birth; present address and places of
previous residence; whether married or single, and the names and
places of residence of spouse and children, if any; calling or occupation;
personal description (including height, complexion, color of hair and
eyes, and marks of identification) ; languages he can speak, read, or
write; names and addresses of parents, and if neither parent living, then
the name and address of his next of kin in the country from which he
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 47
comes; port of entry into the United States; final destination, if any,
beyond the port of entry; whether he has a ticket through to such final
destination; whether going to join a relative or friend, and, if so, the
name and complete address of such relative or friend; the purpose for
which he is going to the United States; the length of time he intends to
remain in the United States; whether or not he intends to remain in the
United States permanently; whether he was ever arrested, convicted
or was ever in prison or almshouse; whether he has ever been the bene-
ficiary of a pardon or an amnesty; whether lie has ever been treated in
an institution or hospital or other place of insanity or other mental
disease; if he claims to be [a preference quota or a nonquota immi-
grant] an immediate relative within the meaning of section 201 (b) or a
preference or special immigrant, the facts on which he bases such claim;
whether or not he is a member of any class of individuals excluded
from admission into the United States, or whether he claims to be
exempt from exclusion under the immigration laws; and such addi-
tional information necessary to the identification of the applicant and
the enforcement of the immigration and nationality laws as may be by
regulations prescribed.
Section 224 of the Immigration and Nationality Act
[NONQUOTA] IM MEDIATE RELATIVE AND SPECIAL IMMIGRANT VISAS
SEC. 224. A consular officer, may, subject to the limitations pro-
vided in [sections 204, 205, and 221] section 221, issue an immigrant
visa to a [nonquota] special immigrant or immediate relatives as such
upon satisfactory proof, under regulations prescribed under this Act,
that the applicant is entitled to [a nonquota] special immigrant
or immediate relative status.
Section 241(a)(10) of the Immigration and Nationality Act
SEC. 241. (a) Any alien in the United States (including an alien
crewman) shall, upon the order of the Attorney General, be deported
who-
(10) entered the United States from foreign contiguous territory
or adjacent islands, having arrived there on a vessel or aircraft of
a nonsignatory transportation company under section 238(a) and
was without the required period of stay in such foreign contig-
uous territory or adjacent islands following such arrival (other
than an alien who is a native born citizen of any of the countries
enumerated in section 101(a)(27) [(C)] (A) and an alien de-
scribed in section 101 (a) (27) (B)) ;
Section 243(h) of the Immigration and Nationality Act
(h) The Attorney General is authorized to withhold deportation of
any alien within the United States to any country in which in his
opinion the alien would be subject to [physical] persecution on
account of race, religion, or political opinion and for such period of time
as he deems to be necessary for such reason.
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48 AMENDING THE IMMIGRATION AND NATIONALITY ACT
Section 244(d) of the Immigration and Nationality Act
(d) Upon the cancellation of deportation in the case of any alien
under this section, the Attorney General shall record the alien's
lawful admission for permanent residence as of the date the cancel-
lation of deportation of such alien is made, and unless the alien is
entitled to a special immigrant classification under section 101 (a) (27) (A),
or is an immediate relative within the meaning of section 201(b), the
Secretary of State shall [, if the alien was classifiable as a quota im-
migrant at the time of entry and was not charged to the appropriate
quota,] reduce by one the [quota of the quota to which the alien is
chargeable under section 202 for the fiscal year then current at the time
of cancellation or the next following year in which a quota is available.
No quota shall be so reduced by more than 50 per centum in any
fiscal year.] number of nonpreference immigrant visas authorized to be
issued under section 203(a) (8) for the fiscal year then current.
Section 244(f) of the Immigration and Nationality Act
(f) No provision of this section shall be applicable to an alien who
(1) [entered the United States as a crewman; or (2)] was admitted
to the United States pursuant to section 101(a) (15) (J) or has acquired
such status after admission to the United States; or [(3)] (2) is a
native of any country contiguous to the United States or of any
adjacent island named in section 101 (b) (5): Provided, That the At-
torney General may in his discretion agree to the granting of suspen-
sion of deportation to an alien specified in clause [(3)] (2) of this sub-
section if such alien establishes to the satisfaction of the Attorney
General that he is ineligible to obtain a nonquota immigrant visa.
Section 245 (b) and (c) of the Immigration and Nationality Act
(b) Upon the approval of an application for adjustment made
under subsection (a), the Attorney General shall record the alien's
lawful admission for permanent residence as of the date the order of
the Attorney General approving the application for the adjustment of
status is made, and the Secretary of State shall reduce by one the
[quota of the quota area to which the alien is chargeable under
section 202 for the fiscal year current at the time such adjustment is
made.] number of the preference or nonpreferenee visas authorized to
be issued under section 203(a) within the class to which the alien is
chargeable, for the fiscal year then current.
(c) The provisions of this section shall not be applicable to any
alien who is a native of any country [contiguous to the United States]
of the Western Hemisphere or of any adjacent island named in section
101(b) (5), other than any such alien born in an independent foreign
country of the Western Hemisphere, who, because of persecution or fear
of persecution on account of race, religion, or political opinion, is out of
his usual place of abode and unable to return thereto.
Section 272(a) of the Immigration and Nationality Act
Sxe. 272. (a) Any person who shall bring to the United States an
alien (other than an alien crewman) who is (1) [feeble-minded]
mentally retarded, (2) insane, [(3) an epileptic, (4)] (3) afflicted with
psychopathic personality, or with sexual deviation, [(5)] (4) a chronic
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 49
alcoholic, [(6)] (5) afflicted with [tuberculosis in any form, (7)
afflicted with leprosy or] and dangerous contagious disease, or [(8)]
(6) a narcotic drug addict, shall pay to the collector of customs of
the customs district in which the place of arrival is located for each
and every alien so afflicted, the sum of $1,000 unless (1) the alien
was in possession of a valid, unexpired immigrant visa, or (2) the
alien was allowed to land in the United States, or (3) the alien was
in possession of a valid unexpired nonimmigrant visa or other docu-
ment authorizing such alien to apply for temporary admission to the
United States or an unexpired reentry permit issued to him, and (A)
such application was made within one hundred and twenty days of
the date of issuance of the visa or other document, or in the case of
an alien in possession of a reentry permit, within one hundred and
twenty days of the date on which the alien was last examined and
admitted by the Service, or (B) in the event the application was
made later than one hundred and twenty days of the date of issuance
of the visa or other document or such examination and admission
if such person establishes to the satisfaction. of the Attorney General
that the existence of such disease or disability could not have been
detected by the exercise of due diligence prior to the alien's
embarkation.
Section 281 of the Immigration and Nationality Act
SEC. 281. (a) The following fees shall be charged:
(1) For the furnishing and verification of each application for an
immigrant visa (which shall include the furnishing and verification of
the duplicate), $5;
(2) For the issuance of each immigrant visa, $20;
(3) For the issuance or each extension of a reentry permit, $10;
(4) For the filing of each application for adjustment of status under
sections 245 and 248, for the creation of a record of admission for
permanent residence under section 249, or for suspension of deporta-
tion, $25;
(5) For the issuance of each extension of stay to nonimmigrants,
other than. nonimmigrants described in section 101(a) (15) (F) and,
upon a basis of reciprocity, the nonimmigrants described in section
101(a)(15)(A)(iii) or 101(a)(15)(G)(v), $10;
(6) For filing with the Attorney General of each petition under
[sections 204(b), 205(b), and 214(03 section 204 and section 211(c),
$10; and;
(7) For approval of each application for, including issuance of
each certificate of, admission to practice as attorney or representative
before the Service, pursuant to such regulations as may be pro-
scribed by the Attorney General, $25.
(b) The time and manner of payment of the fees specified in para-
graphs (1) and (2) of subsection (a) of this section, including but not
limited to partial deposit or prepayment at the time of registration, shall
be prescribed by the Secretary of State,"; and
(c) The fees for the furnishing and verification of applications
for visas by nonimmigrants of each foreign country and for the
issuance of visas to nonimmigrants of each foreign country shall be
prescribed by the Secretary of State in amounts corresponding, as
nearly as practicable, to the total of all similar visa, entry, residence,
or other fees, taxes, or charges assessed or levied against nationals
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50 AMENDING THE IMMIGRATION AND NATIONALITY ACT
of the United States by the foreign countries of which such nonimmi-
grants are nationals or stateless residents : Provided, That nonimmi-
grant visas issued to aliens coming to the United States in transit to
and from the headquarters district of the United Nations in accord-
ance with the provisions of the Headquarters Agreement shall be
gratis.
Sections 1, 2, and 11 of the Act of July 14, 1960, as Amended by the
Act of June 28, 1962
[That under the terms of section 212 (d) (5) of the Immigration and
Nationality Act the Attorney General may parole into the United
States, pursuant to such regulations as he may prescribe, an alien
refugee-escapee defined in section 15(c)(1) of the Act of September 11,
1957 (71 Stat. 643) if such alien (1) applies for parole while physically
present within the limits of any country which is not Communist,
Communist-dominated, or Communist occupied, (2) is not a national
of the area in which the application is made, and (3) is within the
mandate of the United Nations High Commissioner for Refugees.
[SEc. 2. (a) The Secretary of State is hereby directed to submit
to the Attorney General, as soon as practicable following the date of
the enactment of this Act, an advisory report indicating the number
of refugee-escapees, as specified in section 1 of this Act, who within
the period beginning July 1, 1959, and ending June 30, 1960, have
availed themselves of resettlement opportunities offered by nations
other than the United States; and, thereafter, prior to January 1,
and July 1 of each year to submit such an advisory report to the
Attorney General indicating the number of such refugee-escapees
who within the preceding six months period have availed themselves
of such resettlement opportunities. The Attorney General shall not
parole into the United States pursuant to section 1 of this Act, in
any six months period immediately following the submission of the
Secretary of State's advisory report, a number of refugee-escapees
exceeding twenty-five per centum of the number of such refugee-
escapees indicated in such advisory report as having been resettled
outside of the United States. The Attorney General shall submit
to the Congress a report containing complete and detailed statement
of facts in the case of each alien paroled into the United States pursuant
to section 1 of this Act. Such reports shall be submitted on or
before January 15 and June 15 of each year. If within ninety days
immediately following the submission of such report, either the Senate
or the House of Representatives passes a resolution stating substance
that it does not favor the contiruation of the authority vested in the
Attorney General under section 1 of this Act, the Attorney General
shall, not later than at the oxpiraticn of sixty days immediately fol-
lowing the adoption of such resolution by either the Senate or the
House of Representatives, discontinue the paroling into the United
States of such refugee-escapees.
[(b) The Attorney General may, within the numerical limitation
prescribed by subsection (a) of this section, parole in to the United
States pursuant to section 1 of this Act not to exceed five hundred
refugee-escapees listed by the United Nations High Commissioner for
Refugees as "difficult to resettle": Provided, That no refugee-escapee
may be paroled into the United States pursuant to this subsection
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 51
if he suffers from conditions requiring institutionalization: Provided
further, That in the case of each such refugee-escapee, the Attorney
General receives and approves a finding by a voluntary relief or
welfare organization recognized for this purpose by the Attorney
General, that such refugee-escapee can, with some assistance, become
self-supporting, or is a member of a family unit capable of becoming
self-supporting.]
(SEC. 11. Nothing contained in this Act shall be held to repeal,
amend, alter, codify, affect, or restrict the powers, duties functions,
or authority of the Attorney General in the administration and
enforcement of the Immigration and Nationality Act or any other
law relating to immigration, nationality, or naturalization.]
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We are in disagreement with the majority report of the Committee
on the Judiciary and submit these views with a fervent hope that the
Senate will not accept the bill, H.R. 2580.
Preliminarily, it should be stated that no one should be so naive
as to believe that the adoption of this bill will end the cries to change
our immigration laws. It would be only the opening wedge in a
continuing effort to chip and chip and chip until our immigration laws
would be a shambles.
Why is it that of all the nations of the world the United States is
the only one that must answer to the rest of the world and be apologetic
about its immigration policy? Certainly no other country that we
are aware of seems to be concerned about its "image" in other
countries. All other countries consider their self-interest first.
They are realists, who are far too astute to compromise their own national
interests in quest of an illusionary and vague "symbol" in the eyes
of the rest of the world.
The fundamental principle under which most foreign nations con-
trol immigration into their national territory is that all aliens are prima
facie excludable merely upon the ground of their alienage. No aliens
are admitted into such countries unless there is a law or other authority
which permits it. No alien is inadmissible into the United States
merely on the ground of his alienage, but this does not mean that
aliens have an inherent moral or legal right to enter the United States,
as in the abstract sense the admission of an alien into any country
involves a privilege to begranted as an act of sovereign grace. Other
countries exercise this right daily and their motives are not questioned.
But not the United States. Oh! No! We must get down on bended
knee and apologize and please don't be offended because we are
exercising this very same sovereign right to say who shall and who shall
not enter the United States. The arguments are given time and
time again that we are a nation of immigrants and that our country
was made great by the influx to our shores. The argument then
goes on to state that unless we continue to welcome all who wish to
immigrate here, we are guilty of racism, discrimination, and many
other opprobrious terms and this Nation will then deteriorate.
Why, if these potential immigrants can do all that is claimed for
them, can't these very immigrants do the exact same things in their
own countries or any of the underdeveloped nations? God help
America if we have reached a point where no more progress can be
made unless we siphon off the brains and talents of other lands. It is a
direct admission that we are unable to develop our own talents but
must look elsewhere so that we can survive as a nation.
Of course, these issues and myths are nothing new. The same
issues were raised in 1952, when our present law, the McCarr.?an-
Walter Act, was enacted. In fact, they were also raised in 1924,
when the basic quota act which preceded the present law was enacted.
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 53
Notwithstanding the fact that the present law was passed over a
Presidential veto, which required a two-thirds vote of the member-
ship of each House to override such veto, the opponents of the law
claim that they, and not the proponents, express the sentiments of
the American people.
It is not believed that the American people, by and large, wish to
close the door completely on the continued entry into the United
States of well-qualified immigrants or those who are closely related
to U.S. citizens or lawful resident aliens. But neither is it believed
that by any stretch of the imagination that the American people
want to see jobs filled by persons from foreign lands while they them-
selves are unemployed or live in a state of poverty. Although the
proponents of this bill try constantly to gloss over the sentiments of
the American people with generalities about our altruistic nature, if
they would but take the time to read honestly with open minds the
number of editorials written by Americans equally devoted to uphold-
ing our ideals, they would see the situation in a little different light.
Let them read about the very real numbers of Americans who
would be most affected by this bill, but who have the least means to
express their true sentiments about the admission of greater numbers
of skilled and unskilled aliens to fill jobs which they, with adequate
training or retraining, might fill,
Let them read about the very real numbers of Americans more
and more concerned about the admission of greater numbers of persons
of different cultures and with different values who may come to add
to our own very real and growing social upheavals.
Let them read about the very real numbers of Americans concerne l
lest subversion be made easier for those skillfully trained in the
"cold war" arts.
Let them read about our millions of students hopefully entering
our labor market each year, staking their future on a good job, a
goo I house, and financial security for themselves and their families.
No, inIeed. The American people are not ashamed at efforts to
protect the United States by continuing in effect the immigration
law that has proven its worth over the years.
That immigrations law was considered and revised, and finally per-
fected over a long period of time. The enactment of good legislation,
and after all, that is what the Members of the Congress are here for,
cannot be effected by a pell-mell rush to please a few groups in this
country. Legislation must be considered for the good of all our
people-North, South, East, and West. The old saying that "haste
makes waste" will never more clearly be shown than right here in this
Congress of elected representatives if we make haste to please small
groups of individuals, and enact this bill representing views that do
not reflect the true wishes or needs of all the people in our diverse
culture.
This bill will affect not only the present, but many future generations
of Americans as well. Their interests cannot be protected by enacting
a bill that has been hastily drafted, hastily considered, and now to be
hastily debated at a time when the ramifications are conveniently
ignored by the proponents. They apparently feel that the bill would
not stand the careful and close analysis that it demands. And, in
this, they are right. But even if the tide cannot be stemmed, the
record must still be written, lest these forces of haste, with their
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54 AMENDING THE IMMIGRATION AND NATIONALITY ACT
sharpened scythes, cut away forever a veneer aged and polished over
the course of our entire past history. What they believe is today's
perfect solution may be tomorrow's nightmare.
Good legislation cannot be enacted unless a strong need for such
legislation is shown. When need is not clearly outlined, practicalities
are ignored and the appeal must be made only on emotional issues
aimed at the few for partisan or political purposes. There has not
been presented one single statement in the course of the lengthy
hearings conducted by the Immigration and Naturalization Subcom-
mittee that pointed out specific need for a complete revision of the
quota system. The best that could be said was that because not
more than a half-dozen quotas are oversubscribed, the quotas of all
the other 108 quota areas of the world must also be changed. The
Congress today and the Congress in the past has always been respon-
sive to the basic need for retaining the immediate family unit intact.
This unit consists of the husband, wife, and unmarried minor children.
Because at the present time in only 24 countries is there any waiting
time whatsoever, the only legislation that could be justified as being
necessary would be to provide for the immediate rejoining of these
family units. We believe that the majority of Americans would
support such legislation. But why must this immediate need in
only a handful of the world's nations be subverted to attempt to
justify the admission to this country of massive numbers of aliens
from a very few countries who do not even have immediate families
here?
The proponents of this bill say that it will eliminate all discrimina-
tion and improve our image in the eyes of the world. It appears that,
in fact, it will improve our image in only that handful of lands who
will send the bulk of the new immigrants authorized under this bill.
Could it be imagined that countries that do not now even use their
minimum quotas of 100 per year will now use their allotted maximum
of 20,000 numbers? No, indeed. They will continue to send only a
few immigrants each year. Their remaining 19,900 numbers will be
used by the handful of countries who will be the only ones to benefit
under this measure.
If not need to the majority of our neighbors of the world, then
what need? Economic? The ever-increasing growth of our popula-
tion; the increasing land shortages; the increasing shortage of water
and other natural resources, the increasing shortage of educational
institutions on the primary, secondary, and college levels, combined
with the decreasing availability of unskilled and semiskilled jobs
which employ the majority of Americans, do not tend to paint a
particularly good picture to justify the need for such sweeping changes
as the present bill proposes. Certainly, there are many people right
here in the United States today deserving by their very birthright of
first consideration on use of our facilities for reeducation, health
programs, housing programs, retirement programs for their old age,
which are paid for by all Americans for the good of all-the fortunate
and the many less fortunate---from all corners of our land.
America today is attempting to assist other nations in many ways
that will have far more impact on the nations of the world by her
efforts through our national programs such as the Peace Corps;
through many private religious and social programs; and through
technical and monetary assistance to international organizations
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 55
working in underdeveloped areas. These programs, by their very
nature, will accomplish and give more to persons in need, than
any immigration program that could possibly. be enacted. If any-
thing, vast immigration from underdeveloped areas can only deny
to those persons living in conditions of poverty the very help of those
persons who can contribute most to relieving their plight-their own
highly educated citizens.
What purpose then would the bill, if enacted, serve? If it cannot
meet the test of need, it can serve only the self-interests of a limited
number of individuals and groups who, however well motivated they
may think they are, can gain only a temporary measure of self-satis-
faction, leaving the present generation of Americans and world citizens,
as well as future generations to suffer the consequences of their hasty
action.
But let it be known that we have not participated.
JAMES 0. EASTLAND.
JOHN L. MCCLELLAN.
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While I support H.R. 2580, as it is reported by this committee,
and while I subscribe to much of the majority report, I must take
exception to parts of the purpose of the legislation, as stated by the
majority, and amplify the reasons immigration reform is necessary.
As long as I have served in the Senate, there have been constant
and consistent harangues-from lobbyists and well-meaning humani-
tarian organizations, from politicians and Presidents-to the effect
that the national origins quota system, as embodied in the McCarran-
Walter Act, constitutes a most invidious and evil discrimination
against all the people of the world living outside of Northern and
Western Europe. It has been declared in political pamphlets and in
congressional hearings that the Congress in 1924 and that two-thirds
of the House and two-thirds of the Senate in 1952, declared through
legislation that the people of Northern and Western Europe are
superior to those of the rest of the world.
To me, this is mischievous nonsense and sanctimonious propaganda.
The national origins system, just as the system which is encom-
passed in the present bill, recognizes the necessity for placing restric-
tions on immigration to the United States. Present law undertakes to
assign to each nation in the Eastern Hemisphere a specific quota of
immigrants in proportion to the number of Americans whoe national
origin is traceable to such country.
However philosphers or anthropologists may differ over the correct-
ness of the thesis, the national origins system is based on the proposi-
tion that all men are created equal, and that the peoples of various
nationalities have made contributions to the development of the United
States in proportion to their numbers here. The McCarran-Walter
Act is, therefore, based on conditions existing in the United States,
and is like a mirror reflecting the United States, allowing the admission
of immigrants according to a rational and uniform mathematical
formula.
Those who oppose the system do so because relatively larger quotas
than they feel are fair are assigned to the United Kingdom, Ireland,
France, Germany, Holland, and the Scandinavian countries. This is
true, however, only because these countries constitute the most
numerous groups in our population and, therefore, have made the
greatest contributions to America. In support of this I cite the
British Isles, which, in addition to supplying us with a substantial
part of our inhabitants, has given us our language, our law, and much
of our literature.
When it adopted this definite and uniform rule of law with the view
to maintaining the historic population pattern of the United States,
Congress did not act upon the theory that the people of one nation are
superior or inferior to those of another. Rather, it recognized the
obvious and. natural fact that those immigrants can best be assimilated
into our society who have relatives, friends, or others of similar back-
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 57
grounds already here. Again, to use the British Isles as an example,
it is abundantly clear that their citizens are quickly and easily assimil-
able into our life and culture.
As the Christian Science Monitor has editorialized-
It is no reflection on the many fine American citizens of all
races, creeds, and national origins to recognize realistically
that some nations are far closer to the United States in
culture, customs, standards of living, respect for law, and
experience in government.
In spite of the endless protestations against the much maligned
national origins system, there is absolutely nothing unjust in it. On
the contrary, it admits immigrants from all areas of the earth on an
exact mathematical basis having no relation to political pressures.
On the other hand, the bill which was originally presented to this
committee, S. 500, was manifestly unjust, both to the American people
and to those from other lands who would like to join us. Badly
conceived and badly drafted, every provision was sufficiently complex
to induce an acute case of mental indigestion. Almost all of the
witnesses defending it differed among themselves over the meaning of
several sections.
Other than poor draftsmanship, there were two fatal defects in the
bill. First, the mathematical formula by which immigration is theo-
retically determined under the McCarran-Walter Act would be de-
stroyed, and in its place immigration would be managed in the vir-
tually uncontrolled discretion of officials of the executive department,
subject to political pressures. Second, S. 500 would have done nothing
to control Western Hemisphere immigration. To me, the lack of
hemispheric restrictions is the one mayor defect of the McCarran-
Walter Act.
In a speech before the Senate on March 4, 1965, I recognized that
the present law is not perfect. But I stated then that-
I shall not vote to abandon the national origins quota
formula until someone devises a better rule sufficiently strong
and certain to insure that immigration to the United States
is controlled by the rule of law and not by the caprice of
men.
For the reasons outlined in the majority report, I now think such
a law has been devised and reported by this committee. As the re-
port states, the McCarran-Walter Act has been largely nullified by
amendments and special legislation and no longer effectively restricts
immigration. New legislation is now in order for both the Eastern
and Western Hemispheres-legislation which will restrict immigration
within predictable limits.
This has been accomplished by the committee through adoption of
a clear and intelligible bill utilizing a mathematical formula with a
numerical ceiling applying to the Eastern Hemisphere, with prefer-
ences given to the members of families now in the United States and
to members of the professions and arts who can make the greatest
contributions to our society. We owe a great debt to the House
Immigration Subcommittee and its staff for the creation of this
system.
The amendment which I offered and was adopted by the Senate
subcommittee, and which would place a ceiling on total Western Hem-
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58 AMENDING THE IMMIGRATION AND NATIONALITY ACT
isphere immigration, must be retained if we are to have a fair, restric-
tive immigration law. This should be the heart of any reform of our
immigration laws. The present rate of immigration from the inde-
pendent North American countries is already alarmingly high, and,
coupled with the population explosion in South America, our duty is
clear. It is inconceivable to me that we could enact a law with the
alleged purpose of eliminating discrimination and, at the same time,
continue the most apparent discrimination of all-that is, the nonquota
status of the Western Hemisphere.
Retention of my amendment in the bill will finally bring us to the
point at which we no longer discriminate in favor of the people of
Chile over the people of England, or the people of the Dominican
Republic over the people of France, our traditional allies since our fight
for independence.
There are, of course, other efficacious amendments to present law,
some added by the House and others by the Senate subcommittee;
and there are other important reasons for reporting H.R. 2580 than
those I have mentioned. However, these are adequately covered in
the majority report.
In closing these separate views, I would like to acknowledge my
personal gratification, which I am sure is shared by all members of the
subcommittee, to the staff of the Senate Subcommittee on Immigra-
tion and Naturalization, for the devotion and tireless efforts which they
gave to us over these months of hearings and executive sessions.
Without their dedication, we could not have accomplished our task of
processing an intelligent and effective bill.
SAM J. ERVIN, Jr.
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SEPARATE VIEWS OF MR. KENNEDY OF MASSACHUSETTS,
MR. HART, AND MR. JAVITS
The 1965 amendments to the Immigration and Nationality Act,
as reported by the Senate Judiciary Committee, contain a numerical
ceiling of 120,000 quota numbers for the Western Hemisphere,
effective July 1, 1968. This restriction was placed in the bill, over
our opposition, during the Senate Immigration Subcommittee's
consideration of H.R. 2580. The amendment to the bill also calls
for the establishment of a Select Commission on Western Hemisphere
Immigration to study and report to the Congress on the demographic,
economic, and social trends in this hemisphere and their implications
for U.S. immigration policy.
At no other time in the history of our immigration policy have we
disturbed or altered the unique relationship that exists among the
nations of the New World. The direction of the many treaties and
formal agreements between the nations of this hemisphere has been
one of bringing greater unity among friends---not the imposition of
restrictions. Even with enactment of our most restrictive general
immigration law in 1924, special recognition was given to Western
Hemisphere countries, at a time when total immigration from the
hemisphere to the United States was almost double our present
average experience. Yet today, in an unprecedented period of U.S.
power and affluence, we are faced with the possibility of placing a
quota for the first time on immigration from this hemisphere.
The existence of a nonquota status for nationals of the Western
Hemisphere has never been considered a form of discrimination against
the other nations of the world, for the distinction was not based on
race, religion, or ethnic origin. It was a firm indication of our esteem
for our good neighbors and our pride in the special solidarity that
exists among the people of this hemisphere. Now, despite the absence
of any real immigration problem, and the presence of more stringent
qualitative controls on entry to this country, it is proposed that we
take this historic step backward in our otherwise progressive Western
Hemisphere policies.
We consider this decision by the Senate Immigration Subcommittee
to be most regrettable. The majority of the hemisphere immigrants
come to us from our closest neighbors-Canada and Mexico. We
have long welcomed especially the contributions of these nations to
our culture and society.
It is our hope, should this provision remain in the bill, that the
Select Commission on Western Hemisphere Immigration, having time
to give proper consideration to this issue, will see the benefits that
would result from a continuation of our present immigration policy
within the Americas and recommend the elimination of the quota
limitation in this bill prior to its effective date.
EDWARD M. KENNEDY.
PHILIP A. HART.
JACOB K. JAVITS.
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