United States Immigration and Naturalization Service

United States Immigration and Naturalization Service BERTAM M. BERNARD * MMIGRATION and naturalization records in the United States have been maintained primarily by the Courts empowered to grant naturalization, and by the executive agencies which have administered the various immigration and naturalization laws. In order to understand the scope and physical content of such records, it is important to have some knowledge of the legislation and agencies of government which produced them. I Immigration Controls The mass movement of population to our shores stands with undisputed parallel in modern recorded history. For the most part, this migration was not restricted; our expanding economy might be served only by a continuous flow of increased labor, more brain power, and capital resources. However, our early national leaders, including Washington, Jefferson and John Quincy Adams, viewed unrestricted immigration with some concern. Nevertheless, except for the ill-fated Alien Act of 1798,' which provided for the deportation of dangerous aliens, the Federal Government did not deem it necessary to place official restrictions on immigration until the latter part of the nineteenth century. An analysis of the history and nature of such restrictions or controls which generated most of the record material to be discussed, reveals the development to date of three main types:' 1. Exclusion of Specific Undesirables Strong emphasis has been placed by Federal legislation upon the exclusion of certain types of undesirable prospective immigrants, or for Mr. Bernard, District Director of the Philadelphia office of the Immigration and Naturalization Service, U.S. Department of Justice, presented the substance of the following paper at a meeting of the Genealogical Society of Pennsylvania on 27 May 1969. Act of 25 June 1798, I St. 570. 'This act was permitted to die two years later when the Federalist Party was defeated at the polio. o Much of the faxtual information in this preliminary history was obtained from Form M-67 (Rev. 5-14-58), U.S. Department of justice, Immigration and Naturalization Service, Washtngton, D.C., 25, Develoinnent of Immigration Laws and Service History, by L. Paul Winings, General Counsel. 114 U. S. Immigration and Naturalizat;on Service 115 their deportation subsequent to entry. From 1875, when prostitutes and convicts were excluded from entry, until the present, the list of specific undesirables has been expanded and defined to include, among others, (a) idiots, lunatics, persons likely to bkome public charges (1882) ; (b) persons suffering from loathsome contagious diseases, those convicted of crimes involving moral turpitude, paupers, and polygamists (1891) ; (c) epileptics, insane persons, professional beggars and anarchists (1903) ; (d) feebleminded persons, those who might not be able to work because of physical or mental defects (1907) ; (e) illiterates; (f ) certain criminal and subversive types (1940) ; (g) aliens who might endanger our national security (1950) ; (h) narcotic drug addicts and certain classes of immoral persons (1952). 2. Debarment of Certain Racial Groups In 1882, the first law debarring immigration of persons of Chinese origin was adopted. This concept was expanded in 1917 to exclude automatically all persons coming from a designated area comprising most of Asia and the Pacific Islands. Legislation passed in 1943 and 1952, however, eliminated race as a basis of exclusion from the United States. 3. Limitation by a Quota System Based upon National Origin Early in the twentieth century the tide of immigration had turned into a flood. In 1905, over a million immigrants arrived, primarily because of economic distress in Europe. In order to control the number of people to be permitted to migrate from foreign lands, a national quota system was devised and enacted into law in 1921.3 This system restricted admittance to three percent of the number of persons of each nationality resident m the United States as of 1910. This quota feature was extended in 1924, when an annual limitation of 150,000 immigrants was imposed. Quotas were again set for each nationality group, based upon 1920 census figures. Further, immigration visas were required to be obtained from United States consuls prior to departure to this country. On 3 October 1965, drastic revisions of the immigration laws eliminated the racial bars to immigration, and abolished the national origins quota system after a transition period ending 1 July 1968. Today an annual ceiling of 170,000 is established on immigration, with a limitation of not more than 20,000 numbers available to natives of any single foreign state in the eastern hemisphere. Preferences are given to immigrants in this group upon petitions filed with the Immigration Service by close relatives in this country, or on the basis of proQuota Act of 19 May 1921, 42 Stat. 5. Act of 26 May 1924, 43 Stat. 1f3, 8 U.S.C. 201. 116 The Pennsylvania Genealogical Magazine fessional qualifications or of occupational skills in short supply in the United States. An overall limitation of 120,000 immigrant visas is placed on immigration from the western hemisphere. The law exempts from numerical limitations, however, immediate relatives of United States citizens (parents, spouses and children), and certain other classes, such as returning residents and ministers of religion. Naturalization Although in recent times immigration and naturalization policies in the United States have been closely related to each other from an enforcement standpoint, their history prior to the twentieth century does not reflect this relationship . Unlike the immigration laws which have changed considerably over the years, legislation involving naturalization, since the enactment of the first Act of 1790, has remained essentially the same to the present time.' Requirements of five years' residence, good moral character, attachment to the principles of the United States Constitution, and a formal declaration of intention (now no longer required) , formed the basis for naturalization. Not only Federal courts but certain State and Municipal courts have been empowered to grant citizenship to eligible aliens. Because of lack of uniformity in procedures and in the application of basic naturalization law in the variety of courts throughout the United States, in 1906 it became necessary to codify and clarify the law. This codification formulated court procedure in granting citizenship, and placed administrative supervision in a newly created Bureau of Immigration and Naturalization." Copies of naturalization certificates were required to be filed with the Bureau, fees were fixed, uniform naturalization forms were introduced, and each naturalization petition was required to be accompanied by an official lawful arrival certificate. Petitioners were required to sign their own names, speak English, and provision was made to cancel unlawfully obtained certificates of naturalization. Major changes in the law in 1922 gave special consideration to spouses of citizens. In 1929, the Bureau was authorized to issue citizenship certificates for certain relatives who derived United States citizenship through citizens.' Under the Nationality Act of 1940, Act of 26 March 1790, 1 Son. 101; Act of 29 January 1795, 1 Stat. 414; Act of 14 April 1802, 2 Stat. 153; Act of 14 October 1940, 54 St.. 1137, 8 U.S.C. 501. 6 Naturalization Act of 1906, 34 Stat. 596. ', Since September 1922 , foreign-born women do not acquire such Zajaenship by marr;age. U. S. Immigration and Naturalization Service 117 naturalization laws were codified. This law increased the eligibility requirements, such as calling for the ability to read, write and speak the English language with limited exceptions. Provisions for cancellation of citizenship were augmented to include subversive conduct of naturalized citizens. Further recodification of the immigration and nationality laws by the Immigration and Nationality Act of 1952, eliminated all racial bars to naturalization. Immigration and Naturalization Service This Service, under the Department of Justice, is charged with administering laws relating to the admittance, deportation, and naturalization of aliens. Alleged violations are investigated by the Service, and recommendations are made to the U. S. Attorney's office to prosecute when warranted. It patrols our borders and guards our ports to prevent illegal entry to the United States. It assists Courts having naturalization jurisdiction and educational institutions which aid aliens in qualifying for citizenship. Registration and fingerprinting of aliens is an additional responsibility of the Service. Until 1882, there was no Federal agency charged with supervising immigration. In that year, the Secretary of the Treasury was made responsible for administering the laws relating to control of immigration.' However, in actual practice State Boards and designated officials of the Treasury Department carried out control and enforcement of pertinent legislation. It was soon apparent that more forceful control was needed, and accordingly, a Superintendent of Immigration was approved in 1891, within the Treasury Department, to implement legislation. In 1903, jurisdiction over immigration was transferred from the Secretary of the Treasury to the Secretary of Commerce and Labor. Three years later, a consolidated Bureau of Immigration and Naturalization in the Department of Labor and Industry was created. Then in 1913, this Bureau was transferred to the new Department of Labor as two separate organizations, viz., the Bureau of Immigration and the Bureau of Naturalization. Once again, by Executive Order 6166 in 1933, the two Bureaus were reunited under the present title of Immigration and Naturalization Service. By Reorganization Plan No. V, the Service was transferred to the Department of Justice in 1940. Authority to administer immigration and naturalization laws is vested in the Attorney General, except for such laws as relate to the Act of 3 August 1882, 22 Stat. 214. 118 The Pennsylvania Genealogical Magazine powers and functions of the President, the Secretary of State, and officers of the Department of State. In addition to operating directly under the office of the Attorney General, a Board of Immigration Appeals, acting in a staff capacity to the Attorney General, reviews on appeal or certification, orders from special inquiry officers, regional commissioners, and district directors. Such reviews involve applications for admission to the United States, deportations, bail, visa petitions, and fines and penalties against certain carriers of aliens. The field organization of the Service consists of four regional offices. Northeast Region, Southeast Region, Northwest Region, and Southwest Region. They direct the operations of 33 district officers and 16 suboffices strategically located throughout the United States, Puerto Rico and Honolulu. The Immigration and Naturalization Service also has a number of offices in foreign countries. The regional offices, created 3. January 1955, provide a layer of supervisory and administrative organization operating between the district offices and the Central Office. The district offices handle all immigration and naturalization matters arising within their geographic jurisdiction. Immigration Records The first immigration statistics required by law (Act of 7 March 1819 ) were in the form of ship passenger lists. These lists, also called manifests, had to be furnished to the Federal Government by vessels entering the United States. Such passenger lists, commencing with the year 1820 for the eastern ports of the United States, are now located in the National Archives at Washington, D.C., as part of the collection of the Bureau of Customs. An exception is the City of Philadelphia, the records of which begin in 1800. Not all of these lists are complete, but those that do exist usually show the name of the passenger, his or her age, and origin." The records cover arrivals up to the latter part of the nineteenth century; after that, microfilm copies of passenger lists for the eastern seaboard are maintained in the office of the Service at New York City, starting with arrival records of Philadelphia from 1883, and of New York City from June, 1897. A fire at Ellis Island destroyed earlier lists for New York. These microfilmed records include the arrivals and departures by vessels or aircraft in the northeastern and southeastern regions. Similar 5 F.R. 2223; 53 Stat. 561, 5 ASC 133-135. If such information is desired, the National Archives must be furnished with the name of the and the date of arrival or name of the port of entry, as well as the name of the Prrawn sought. vessel U. S. Immigration and Naturalization Service 119 microfilm for arrivals and departures by vessels or aircraft in the northwestern and southwestern regions — generally the west coast of the United States — are deposited at San Francisco. At El Paso, Texas, are deposited film of the record of arrivals across the Mexican land border, and at St. Albans, Vermont, film of record of arrivals at Canadian seaports of aliens pre-inspected for admission to the United States, and across the Canadian land border. Beginning in 1882 when the Immigration Service came into being, any field officer in the country could open a file on any person or subject matter it considered appropriate and could assign any number to such a file. A filing system was eventually ordered by headquarters in Washington, D.C., whereby each district office used a uniform numbering system that could be indexed in the Central Office for easy location. Yet there were many types of files and numbering systems for each type, so that there could be and there was duplication of material in many files; finding exactly what was being sought was difficult. On 28 June 1940, Congress passed what is known as the Alien Registration Act whereby, in Title III of that Act, almost all noncitizens in the United States were required to be registered and fingerprinted. Aliens seeking admission to the United States with immigrant visas were registered and fingerprinted at American Consulates. Form AR-2, a long, stiffened paper, was used to contain information about each registrant and a single number was affixed to each form, numbering seven digits, later eight, prefixed by the letter "A" and beginning with one million. As evidence of his compliance with the law, the alien received a card bearing his number, called an Alien Registration Receipt Card (Form AR-3). The United States Post Office did the initial work in this country, but all such records were placed in the custody of the Service. In 1944, the idea was conceived that the alien registration number should be used to identify all the papers concerning or relating to any one individual, all of which should be placed in a jacket bearing this number. Into the folder went the alien registration record and any and all immigration and, later, naturalization records that could be identified with that one person. These files were sent to and maintained at first in the Central Office. The accumulation of such large numbers of files, and the difficulties in transmitting them back and forth to the offices in the field needing them, led to what was called, in 1950, a "Decentralization Program." It was decided that it would be more feasible to place the files out in the field offices which could have 120 The Pennsylvania Genealogical Magazine under control those files relating to all aliens living within their jurisdiction. This program was completed in 1955, and is the system by which the Service operates today. In short, everything known about an individual by the Immigration and Naturalization Service is contained in one jacket bearing his alien registration number. That individual knows his number because he is required by law to carry with him an Alien Registration Receipt card, presently a colored, two by three inch laminated form, with him at all times. Each person who enters the United States today for permanent residence comes with an immigrant visa issued to him by an American Consul. That document is surrendered at the port of entry in this country to an Immigrant Inspector, an officer of our Service, who sees to it that the visa is forwarded to the district office having jurisdiction over the place where the new immigrant intends to make his home. That office places the visa in a jacket bearing the "A" number, and this folder becomes the future housing for all immigration and naturalization material to follow. The alien then receives his Alien Registration Receipt Card bearing the identifying number, which he surrenders only when and if he is naturalized in the proper time. Naturalization Records Before 30 June 1906, the naturalization of aliens took place in Federal, county or state courts throughout the United States, as it still does, without control of, or uniformity in the maintenance of naturalization records. Because there was and is no central index of such records for this early period, the records of individual courts must be searched. To locate information from these early records, an inquirer must furnish the name under which the person in whom he is interested was admitted to citizenship, the approximate date of naturalization, the location of the court, or the address of the person at the time of naturalization. It should be noted that the old records rarely contained information regarding members of the naturalized person's family. With the enactment of the comprehensive Naturalization Act of 29 June 1906, an index was created in the Central Office of the Service of the naturalization of all aliens throughout the United States. With enough identifying information it is now possible to verify the naturalization records of persons who have been admitted to citizenship since 27 September 1906. Files relating to such persons naturalized before 1 April 1956, are maintained in Washington. D.C. After that date U. S. Immigration and Naturalization Service 121 the naturalization records are incorporated in the decentralized "A" files in the custody of the field offices. Disclosure of Records in the Custody of the Service The disclosure of information from records maintained by the Service is limited by the Public Information Act in effect since 4 July 1967, implemented by regulations of the Attorney General. While the purpose of the Public Information Act was to widen the availability of government records in deference to the public's right to know, the Service has a mandate to protect the personal privacy of the individual whose record is in its custody. There are millions of files of various kinds in the field offices, in the Central Office, and in various Record Centers throughout the United States. Of these over 16 million are "A" files, each relating to a specific alien, and over eight million are "C" files, each relating to a specific naturalized citizen. In addition, there are several million files of miscellaneous types. In grand total, the Service has over 39 million files, to which each year are added more than a half million new "A" files alone. These Service records contain highly personal information concerning the individual to whom they relate: marriages, divorces, family relationships, addresses, employment, income and allegations of criminal or other misconduct. The disclosure of such information obviously would be objectionable, possibly even harmful, to many of the affected individuals. Thus the Service is confronted with a conflict between the public's right to know and the individual's right to privacy. Many requests for information are received from business concerns, attorneys, bill collectors, foreign governments, litigants and interested or curious members of the public. Unless there is an overriding public interest for making an exception, any information requested by these sources will not be disclosed if such disclosure would constitute a clearly unwar• ranted invasion of personal privacy. The Service permits disclosure of any records of proceedings that are open to the public, such as naturalization or deportation hearings. It should be kept in mind, however, that there are some statutory restrictions against disclosure, such as those involving alien registration records. In requesting a record, the searcher must provide specific information as to names, dates, subject matter and location on a prescribed form, so as to enable the government employee to locate the requested 122 The Pennsylvania Genealogical Magazine material, upon the payment of a fee of $3.00. The request may be submitted to any one of the 33 district offices or 16 suboffices. All district offices, and the Central Office, maintain reading rooms where one may study the statutes, regulations, decisions in most immigration matters, statistical reports, and various miscellaneous materials that each office might keep on hand. There is no charge for the use of the reading room unless a copy of material is requested. The employees will render all possible assistance. Documents Issued to Aliens and Citizens Various documents are issued to aliens and citizens for specific purposes. These include: Alien Registration Receipt Cards as evidence that such person is a permanent resident alien. This card may also be used for trips of less than one year to non-Communist countries. Reentry permits to resident aliens for visits abroad for up to two years. Certificates of citizenship to persons who establish that they derived United States citizenship status through a parent or parents. Special certificates to obtain recognition as a naturalized person to be furnished to the Secretary of State for transmission to an authority of a foreign state where such a certificate is needed, such as to establish a claim. Certification of any part of the naturalization records of any court or of a certificate of naturalization or citizenship, in order to comply with any statute, state or federal, or in any judicial proceeding. The duplicate of such certificates when needed to replace one lost, mutilated or destroyed. It should be noted that it is illegal for a private individual to make a copy of a certificate of citizenship or of naturalization. It should also be remembered that the Service does not issue an original certificate of naturalization to a new citizen. This is done by the clerk of the court in which he or she is admitted to citizenship. Information Wanted John Walton, 3435 Guilford Terrace, Baltimore, Md., 21218, is searching for the ancestry and parents of JOB, Amos, and JAMES WALTON, who appeared in Washington Co., Pa., in 1782. Amos Walton m. Mercy (Marcy) Vacock.