Representative Carl R. Chindblom (Republican), of Chicago, Ill., has introduced a bill into the House of Representatives, to repeal the “national origins” provisions of the Immigration Act of 1924. It provides for repeal of subdivisions (b), (c), (d) and (e), of Section 11 of the Act.
The provisions of the Immigration Act pertaining to the “national origin” basis of permitting the entry of aliens prescribe that the total of all immigration quotas shall be fixed at 150,000 yearly, this number to be allocated according to the numerical strength of nationalities among the whole population of the United States, upon the basis of the 1920 census.
The Secretaries of State, Commerce and Labor are charged by the provision to report the quota of each nationality which the President is to make known by proclamation on or before April 1, 1927. The Act provides, however, that if quotas are not proclaimed under that subdivision the existing quotas shall continue.
Representative Albert Johnson (Republican), of Hoquiam, Wash, chairman of the House Committee on Immigration and Naturalization, issued a statement explaining the nature and purpose of the “national origins” provisions of the Immigration Act. His statement follows in part:
“Immigration quotas at present are fixed upon the basis of 2 per cent of the number of foreign-born individuals resident in continental United States as determined by the United States census of 1890, the minimum quota being 100. On this basis the total of all quotas is 164,667.
“Under the socalled ‘national origins provision’ the total of all quotas would be set at 150,000, and this number would be allocated, not according to the number of foreign-born persons resident in the country, but upon the basis of the proportionate numerical strength of nationalities among the whole population of the United States. The census of 1920 would be used, the national origins of all the people would be calculated, and, for example, if it should be found that a particular nationality contributed one-tenth of the whole population, that nationality would have one-tenth of the total quota, or 15,000.
“The determination of quotas under the ‘national origins provision’ is an executive function, and under the law the Secretaries of State, Commerce and Labor are charged with the responsibility of ascertaining the ratio numbers to be used in calculating quotas to be proclaimed by the President. The law, however, is peculiarly worded. It says:
“‘Such officials shall, jointly, report to the President the quota of each nationality, determined as provided in subdivision (b), and the President shall proclaim and make known the quotas as reported. Such proclamation shall be made on or before April 1, 1927;
“But the law says further:
“‘If the proclamation is not made on or before such date, quotas proclaimed therein shall not be in effect for any fiscal year beginning before the expiration of 90 days after the date of the proclamation….. If for any reason quotas proclaimed under this subdivision are not in effect for any fiscal year, quotas for such year shall be determined under subdivision (a) of this section.’
“In other words, if the ‘national origins provision’ does not become operative, the existing arrangement shall continue.
“It must be clear that, upon the adoption of the ‘national origins provision’ by the Senate and House conferees in 1924, consideration was given the possibility that ascertainment of ‘national origins’ might not be feasible, and the above language was employed to provide authority for the continuance of existing quotas in such a contingency.
“It follows, therefore, that notwithstanding the mandatory terms apparently requiring that the national origin quotas be determined, and that report be made to the President, and requiring also the issuance of a presidential proclamation on or before April 1, 1927, the new quota basis need not become effective at all.”
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