he departed from Japan or Korea a passport entitling him to come to the United States, and (2) that he did possess at that time a passport limited to Mexico, Canada or Hawaii. (d) If a Japanese or Korean alien applies for admission and presents a passport entitling him to enter the United States or one which is not limited to Mexico, Canada, or Hawaii, he shall be admitted, if it appears that he does not belong to any of the classes of aliens excluded by the general immigration laws. (e) If a Japanese or Korean alien applies for admission and presents a passport limited to Mexico, Canada, or Hawaii, and claims that he is not a laborer, either skilled or unskilled, reasonable proof of this claim shall be required in order to permit him to enter the United States. (f) When a Japanese or Korean alien is rejected as being a skilled or unskilled laborer holding a passport limited to Mexico, Canada, or Hawaii, he shall be allowed the right of appeal to the Secretary of Commerce and Labor under the same conditions as attach to aliens rejected under the general immigration laws. (g) If a Japanese or Korean skilled or unskilled laborer is found in the continental territory of the United States without having been duly admitted, upon inspection, the procedure employed under the general immigration laws for the arrest and hearing of aliens who have entered the United States surreptitiously shall be observed, to the end that the right of such alien to be and remain in the United States may be determined; and if it shall appear that such alien falls within the class excluded by the foregoing executive order, and has entered the United States since the fourteenth of March, 1907, the said alien shall be deported according to the provisions of sections 20, 21, and 35 of the act of Congress approved February 20, 1907. (h) In case any Japanese or Korean is detained or denied admission by virtue of the foregoing executive order, he shall, in addition to being informed of his right of appeal to the Secretary of Commerce and Labor, be advised that he may communicate by telegraph or otherwise with any diplomatic or consular officer of his government, and shall be afforded opportunities for so doing. (i) The officials of the department charged with the enforcement of the immigration laws are instructed that in the execution of this rule scrupulous care shall be taken to see that the courtesy and consideration which the department requires in the case of all foreigners, of whatever nationality, are shown to those affected by this rule. All officers of this department are hereby warned that no discrimination will be tolerated, and that those coming under this rule must be shown every courtesy and consideration to which the citizens of most favored nations are entitled when they come to the United States. (j) For practical, administrative purposes, the term "laborer, skilled and unskilled," within the meaning of the executive order of March 14, 1907, shall be taken to refer primarily to persons whose work is essentially physical, or at least, manual, as farm laborers, street laborers, factory hands, contractors' men, stable men, freight handlers, stevedores, miners and the like; and to persons whose work is less physical, but still manual, and who may be highly skilled, as carpenters, stonemasons, tile setters, painters, blacksmiths, mechanics, tailors, printers, and the like; but shall not be taken to refer to persons whose work is neither distinctively manual nor mechanical, but rather professional, artistic, mercantile, or clerical, as pharmacists, draftsmen, photographers, designers, salesmen, bookkeepers, stenographers, copyists, and the like. The foregoing definition is subject to change, and will not preclude the Secretary of Commerce and Labor from deciding each individual case which comes to him by way of appeal in accordance with the particular facts and circumstances thereof. (k) Passports presented by Japanese and Koreans shall be plainly endorsed, in indelible ink, by the officer admitting or rejecting the applicant, in such manner as to show the fact and date of admission or rejection, the name of the officer being signed to such endorsement; after which the passport shall be returned to the person by whom presented. Are Immigration Laws Properly Enforced? To a layman unacquainted with immigration practice it would appear as though the United States immigration authorities are not enforcing, with proper care, the immigration laws as to Japanese even under the slight restrictions afforded by the Gentlemen's Agreement. In this connection there is given herewith: (1) The list of Japanese immigrants admitted, by years, from 1909 to 1919. (2) Japanese laborers admitted without proper passports and those admitted with passports who were not entitled to them. (3) A tabulation of the circumstances relating to nonpossession of passports by these Japanese laborers as reported by United States immigration authorities. Also, totals of Japanese laborers admitted upon passports although declared by United States immigration officers not entitled to them. Excess of Immigrant Japanese Aliens Admitted to United States Over Emigrant Japanese Aliens Departed, July 1, 1909, to June 30, 1919. (This means an average of Nearly two-thirds of the excess falls to California. approximately two-thirds of the excess of all Japanese immigrants over emigrants coming to the United States came to California during the ten-year period indicated above.) Japanese Laborers Admitted to Continental United States, 1910 to 1919. Japanese "Laborers" Arriving in Continental United States Without Proper Pass Japanese "Laborers" Arriving in Continental United States With Proper Passports, July 1, 1909, to June 30, 1919, but Classified as "Not Entitled to Passport." |