B-7411, JANUARY 12, 1940, 19 COMP. GEN. 640

B-7411: Jan 12, 1940

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THE UNIVERSALLY ACCEPTED RULE IS THAT THE INTENTION OF A LAWMAKING BODY IS TO BE DEDUCED PRIMARILY FROM A READING OF THE STATUTE ITSELF. WHILE A STATUTE IS PRESUMED TO SPEAK FROM THE TIME OF ITS ENACTMENT. IS APPLICABLE TO THE VIRGIN ISLANDS. THERE IS NO STATUTORY AUTHORITY FOR THE REGISTRY OF ALIENS AS TO WHOM THERE IS NO RECORD OF THEIR ADMISSION FOR PERMANENT RESIDENCE IN THE UNITED STATES. " IS NOT AUTHORIZED UNLESS AND UNTIL THE CONGRESS SO PROVIDES. ARE . ARE THEREFORE FOR COVERING INTO THE TREASURY OF THE VIRGIN ISLANDS. AS FOLLOWS: I HAVE THE HONOR TO REQUEST YOUR DECISION ON THE QUESTION OF WHETHER ANY REQUIREMENT AS TO FEES WOULD BE VIOLATED IN MAKING A REGISTRY. THE DATE ON WHICH THE ENFORCEMENT OF THE IMMIGRATION LAWS OF THE UNITED STATES WAS BEGUN IN THOSE ISLANDS.

B-7411, JANUARY 12, 1940, 19 COMP. GEN. 640

ALIENS - VIRGIN ISLANDS - REGISTRY - FEE REQUIREMENTS AND DISPOSITION ALTHOUGH STATEMENTS APPEARING IN A REPORT OF A COMMITTEE OF CONGRESS MAY, IN A PROPER CASE, BE CONSIDERED IN CONSTRUING THE AMBIGUOUS PROVISIONS OF A STATUTE, THE UNIVERSALLY ACCEPTED RULE IS THAT THE INTENTION OF A LAWMAKING BODY IS TO BE DEDUCED PRIMARILY FROM A READING OF THE STATUTE ITSELF--- CONSIDERED AS A WHOLE. NEW ENACTMENTS OF A FRAGMENTARY NATURE ON SUBJECTS COVERED BY A SYSTEM OF RELATED GENERAL LEGISLATIVE PROVISIONS INDICATIVE OF A SETTLED POLICY SHOULD BE FITTED INTO THE EXISTING SYSTEM AND GIVEN EFFECT CONFORMABLY THERETO UNLESS A DIFFERENT PURPOSE BE CLEARLY SHOWN. WHILE A STATUTE IS PRESUMED TO SPEAK FROM THE TIME OF ITS ENACTMENT, IT EMBRACES ALL SUCH PERSONS OR THINGS AS SUBSEQUENTLY FALL WITHIN ITS SCOPE, AND CEASES TO APPLY TO SUCH AS THEREAFTER FALL WITHOUT ITS SCOPE. THE BASIC IMMIGRATION LAW OF THE UNITED STATES OF FEBRUARY 5, 1917, 39 STAT. 874, IS APPLICABLE TO THE VIRGIN ISLANDS. THERE IS NO STATUTORY AUTHORITY FOR THE REGISTRY OF ALIENS AS TO WHOM THERE IS NO RECORD OF THEIR ADMISSION FOR PERMANENT RESIDENCE IN THE UNITED STATES, EXCEPT SECTION 1 OF THE ACT OF MARCH 2, 1929, 45 STAT. 1512, WHICH PROVIDES FOR REGISTRATION OF ALIENS WHO "ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924.' THE REGISTRY OF ALIENS RESIDING IN THE VIRGIN ISLANDS, FOR THE PURPOSE OF AFFORDING THEM THE BENEFITS OF THE NATURALIZATION AND IMMIGRATION LAWS OF THE UNITED STATES, WITHOUT THE COLLECTION OF THE FEE PROVIDED BY THE TERMS OF SECTION 1 OF THE ACT OF MARCH 2, 1929, AS AMENDED, FOR REGISTRATION OF ALIENS WHO "ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924," IS NOT AUTHORIZED UNLESS AND UNTIL THE CONGRESS SO PROVIDES. THE ALIEN REGISTRY FEES REQUIRED TO BE COLLECTED BY THE ACT OF MARCH 2, 1929, AS AMENDED, ARE ,IMMIGRATION AND NATURALIZATION FEES" WITHIN THE MEANING OF THOSE TERMS IN SECTION 35 OF THE ORGANIC ACT OF THE VIRGIN ISLANDS OF THE UNITED STATES, APPROVED JUNE 22, 1936, 49 STAT. 1816, AND ARE THEREFORE FOR COVERING INTO THE TREASURY OF THE VIRGIN ISLANDS, INSTEAD OF INTO THE TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, JANUARY 12, 1940:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 28, 1939, AS FOLLOWS:

I HAVE THE HONOR TO REQUEST YOUR DECISION ON THE QUESTION OF WHETHER ANY REQUIREMENT AS TO FEES WOULD BE VIOLATED IN MAKING A REGISTRY, WITHOUT COLLECTING THE STATUTORY FEE OF $10, OF ALIENS IN THE VIRGIN ISLANDS WHOSE RESIDENCE BEGAN THERE PRIOR TO JULY 1, 1938, THE DATE ON WHICH THE ENFORCEMENT OF THE IMMIGRATION LAWS OF THE UNITED STATES WAS BEGUN IN THOSE ISLANDS, AND THEREUPON REGARDING SUCH ALIENS AS LAWFULLY ADMITTED TO THE UNITED STATES AS OF DATE OF ENTRY INTO THOSE ISLANDS, OR AS OF JANUARY 25, 1917, THE DATE ON WHICH THE ISLANDS CAME INTO THE POSSESSION OF THE UNITED STATES, WHICHEVER IS THE LATER DATE.

THE PURPOSE OF THE REGISTRATION WOULD BE TO ENABLE THE ALIENS TO HAVE THE BENEFITS WHICH THE IMMIGRATION AND NATURALIZATION LAWS OF THE UNITED STATES EXTEND TO ALIENS WHO HAVE BEEN LAWFULLY ADMITTED TO THE UNITED STATES UNDER OUR IMMIGRATION LAWS.

THE FACTS AND LAWS INVOLVED, MORE SPECIFICALLY STATED, ARE AS FOLLOWS:

THE VIRGIN ISLANDS OF DENMARK CAME FROM THE POSSESSION OF THAT COUNTRY INTO THE POSSESSION OF THE UNITED STATES ON JANUARY 25, 1917, IN ACCORDANCE WITH ARTICLE 4 OF THE CONVENTION BETWEEN THE UNITED STATES AND DENMARK WHICH WAS PROCLAIMED BY THE PRESIDENT ON THAT DATE (39 STAT. 1706, 1715).

THE ACT OF MARCH 3, 1917 (39 STAT. 1132), PROVIDED A "TEMPORARY GOVERNMENT" FOR THOSE ISLANDS. THAT ACT HAS BEEN SUPERSEDED BY THE ACT OF JUNE 22, 1936 (49 STAT. 1807), WHICH DECLARES THAT IT IS "THE ORGANIC ACT OF THE VIRGIN ISLANDS OF THE UNITED STATES.' NEITHER ACT SAYS ANYTHING ABOUT ADMISSION AND RESIDENCE OF ALIENS.

AT THE TIME THE VIRGIN ISLANDS CAME INTO THE POSSESSION OF THE UNITED STATES ON JANUARY 25, 1917, THE GENERAL IMMIGRATION ACT OF FEBRUARY 20, 1907 (34 STAT. 898), WAS IN EFFECT AND DEFINED THE CLASSES OF ALIENS EXCLUDABLE AND DEPORTABLE FROM THE UNITED STATES AND PRESCRIBED THE MACHINERY FOR EXCLUSION AND DEPORTATION OF ALIENS FROM THE UNITED STATES. IT WAS SUCCEEDED ON MAY 1, 1917, BY THE IMMIGRATION ACT OF FEBRUARY 5, 1917 (39 STAT. 874).

LATER THE ADDITIONAL IMMIGRATION ACT OF MAY 19, 1921 (42 STAT. 5), LIMITED THE NUMBER OF ALIENS OF EUROPEAN BIRTH WHO COULD BE ADMITTED TO THE UNITED STATES IN ANY ONE YEAR TO QUOTAS (BY NATIONALITY) PRESCRIBED AS PROVIDED IN THAT ACT. THE ACT WENT INTO EFFECT ON JUNE 3, 1921, AND AS AMENDED BY THE ACT OF MAY 11, 1922 (42 STAT. 540), CONTINUED IN FORCE TO THE END OF JUNE 1924.

UPON THE EXPIRATION ON JUNE 30, 1924, OF THE TWO "QUOTA ACTS" MENTIONED IN THE PARAGRAPH NEXT ABOVE, THE IMMIGRATION ACT OF 1924 (43 STAT. 153) CAME INTO EFFECT AND IT LIMITS (BY QUOTAS) THE NUMBER OF ALIENS OF ANY NATIONALITY, WITH CERTAIN EXCEPTIONS, WHO MAY BE ADMITTED IN ANY FISCAL YEAR TO THE UNITED STATES. IT ALSO PRESCRIBES THE DOCUMENTS WHICH MUST BE DELIVERED TO THE IMMIGRATION AUTHORITIES IN THE CASES OF ALIENS ADMITTED AS IMMIGRANTS. THAT ACT DEFINES, FOR ITS PURPOSES, THE UNITED STATES AS INCLUDING THE VIRGIN ISLANDS (SECTION 28) AND DECLARES THAT THAT ACT SHALL BE ENFORCED AS A PART OF THE IMMIGRATION LAWS (SECTIONS 24 AND 28) INCLUDING THE IMMIGRATION ACT OF 1917.

OF THESE IMMIGRATION ACTS, ONLY THE IMMIGRATION ACT OF 1917 AND THAT OF 1924 HAVE BEEN APPLIED TO THE VIRGIN ISLANDS AND ONLY TO ANY SUBSTANTIAL EXTENT SINCE JULY 1, 1938, WHICH WAS SOON AFTER THE SOLICITOR OF THIS DEPARTMENT HAD RENDERED HIS OPINION OF MARCH 31, 1938, THAT THE IMMIGRATION ACT OF 1917, AS WELL AS THAT OF 1924, IS APPLICABLE TO THOSE ISLANDS.

UNDER THESE CIRCUMSTANCES ALIENS TOOK UP RESIDENCE BEFORE JULY 1, 1938, IN THE ISLANDS WITHOUT HAVING TO COMPLY WITH THE REQUIREMENTS OF THOSE LAWS FOR ADMISSION, AND THEIR ENTRY WAS RECORDED IN BUT FEW CASES.

THERE ARE ALSO IN THOSE ISLANDS ALIENS WHOSE RESIDENCE BEGAN THERE BEFORE THE ISLANDS CAME INTO THE POSSESSION OF THE UNITED STATES.

IT IS ESTIMATED THAT THOSE TWO GROUPS OF ALIENS IN THOSE ISLANDS TOTAL FROM 1,000 TO 2,000. MOST OF THEM ARE NATIVES OF NEARBY FOREIGN ISLANDS, TO WHICH IT IS NATURAL THEY MAKE FREQUENT VISITS. THIS GROUP DOES NOT INCLUDE DANISH SUBJECTS RESIDING IN THE VIRGIN ISLANDS WHEN THE ISLANDS CAME INTO POSSESSION OF THE UNITED STATES ON JANUARY 25, 1917, NOR NATIVES OF THE ISLANDS, AS BOTH THOSE CLASSES OF PERSONS ARE CITIZENS OF THE UNITED STATES UNDER THE ACT OF CONGRESS OF FEBRUARY 25, 1927, AS AMENDED (8 U.S.C. 5B).

IN REGARD TO ALIENS IN THE VIRGIN ISLANDS WHOSE RESIDENCE BEGAN THERE BEFORE JULY 1, 1938, THE ABOVE-MENTIONED OPINION OF THE SOLICITOR STATED:

"IN THE CASES OF THE FEW ALIENS WHO, DOUBTLESS, HAVE BEEN ADMITTED IN THE ISLANDS FOR PERMANENT RESIDENCE, THOUGH NOT REQUIRED TO COMPLY WITH ALL THE APPLICABLE PROVISIONS OF THE IMMIGRATION LAWS OWING TO UNCERTAINTY AS TO WHICH PROVISIONS APPLY TO THE ISLANDS, IT WOULD DO NO VIOLENCE TO THE LAW TO REGARD SUCH ADMISSION AS LAWFUL FOR THE PURPOSES OF THE IMMIGRATION AND NATURALIZATION LAWS, UNDER THE PRINCIPLE THAT THAT IS TO BE REGARDED AS DONE WHICH OUGHT TO HAVE BEEN DONE.'

IF THE ALIENS IN THE VIRGIN ISLANDS WHOSE RESIDENCE BEGAN THERE PRIOR TO JULY 1, 1938, CANNOT BE REGISTERED AS LAWFULLY ADMITTED TO THE UNITED STATES, THEY CANNOT HAVE THE BENEFIT OF CERTAIN EXCEPTIONS IN THE IMMIGRATION ACT OF 1917 AND THAT OF 1924 WHEN THEY MAKE VISITS FROM THE ISLANDS TO FOREIGN TERRITORY AND SEEK TO RETURN TO THEM. THE EXCEPTION IN THE IMMIGRATION ACT OF 1917 IS THAT IN SECTION 3 (8 U.S.C. 136) WHICH EXCEPTS FROM THE LITERACY TEST ALIENS "WHO HAVE BEEN LAWFULLY ADMITTED TO THE UNITED STATES AND WHO HAVE RESIDED THEREIN CONTINUOUSLY FOR FIVE YEARS AND WHO RETURN TO THE UNITED STATES WITHIN SIX MONTHS FROM THE DATE OF THEIR DEPARTURE THEREFROM.' THE EXCEPTION IN THE IMMIGRATION ACT OF 1924 IS THAT IN SECTION 4 (8 U.S.C. 204) WHICH EXCEPTS AN ALIEN FROM QUOTA RESTRICTIONS IF HE IS "AN IMMIGRANT PREVIOUSLY LAWFULLY ADMITTED TO THE UNITED STATES WHO IS RETURNING FROM A TEMPORARY VISIT ABROAD.' ALSO, THAT IN SECTION 13 (B) OF THAT ACT (8 U.S.C. 213 (B) ( WHICH AUTHORIZES REGULATIONS TO EXCEPT SUCH AN IMMIGRANT FROM THE REQUIREMENT OF HAVING AN IMMIGRATION VISA ISSUED ABROAD BY AN AMERICAN CONSULAR OFFICER. UNDER THAT AUTHORITY VISAS ARE WAIVED BY RULE 3 OF THE IMMIGRATION REGULATIONS IF SUCH ALIEN IS RETURNING FROM A SHORT ABSENCE IN CERTAIN SPECIFIED NEARBY COUNTRIES OR IS IN POSSESSION OF AN UNEXPIRED REENTRY PERMIT ISSUED UNDER SECTION 10 OF THAT ACT (8 U.S.C. 210). ONLY AN ALIEN WHO CAN BE REGARDED AS "LEGALLY ADMITTED TO THE UNITED STATES" IS ENTITLED TO A REENTRY PERMIT UNDER THAT SECTION.

ALSO, IF THE ALIENS IN THE VIRGIN ISLANDS WHOSE RESIDENCE THERE BEGAN PRIOR TO JULY 1, 1938, CANNOT BE REGISTERED AS LAWFULLY ADMITTED TO THE UNITED STATES, THEY CANNOT MEET THE REQUIREMENTS FOR NATURALIZATION UNDER THE GENERAL NATURALIZATION ACT OF JUNE 29, 1906, AND THE ACT OF FEBRUARY 25, 1927 (44 STAT. 1235; 8 U.S.C. 358A), WHICH DECLARES THAT FOR THE PURPOSE OF THOSE LAWS RESIDENCE IN THE VIRGIN ISLANDS OF THE UNITED STATES SHALL BE CONSIDERED AS RESIDENCE IN THE UNITED STATES. THE REASON IS THAT SECTION 1 OF THAT GENERAL NATURALIZATION ACT (34 STAT. 596; 8 U.S.C. 106) REQUIRES A REGISTRY AT PORTS OF ENTRY OF ALL ALIENS ARRIVING IN THE UNITED STATES AFTER JUNE 29, 1906, TO TAKE UP RESIDENCE IN THIS COUNTRY, AND SECTION 4 OF THAT ACT (34 STAT. 96; 8U.S.C. 380) DECLARES THAT---

"AT THE TIME OF FILING HIS PETITION (FOR NATURALIZATION) THERE SHALL BE FILED WITH THE CLERK OF THE COURT A CERTIFICATE FROM THE DEPARTMENT OF LABOR, IF THE PETITIONER ARRIVED IN THE UNITED STATES AFTER JUNE 29, 1906, STATING THE DATE, PLACE, AND MANNER OF HIS ARRIVAL IN THE UNITED STATES AND THE DECLARATION OF INTENTION OF SUCH PETITIONER WHICH CERTIFICATE AND DECLARATION SHALL BE ATTACHED TO AND MADE A PART OF SUCH PETITION.'

THIS REQUIREMENT IS ONE OF SUBSTANCE AND CANNOT BE DISPENSED WITH ( UNITED STATES V. NESS, 245 U.S. 319). AND THE FIVE YEARS' RESIDENCE REQUIRED BY THESE LAWS FOR NATURALIZATION CAN ONLY BEGIN ON ADMISSION UNDER THE IMMIGRATION LAWS FOR PERMANENT RESIDENCE ( UNITED STATES V. KRETICOS, 40 F. (2) 1020). HOWEVER, THERE IS NO RECORD OF ALIENS IN THE VIRGIN ISLANDS WHO BEGAN THEIR RESIDENCE THERE PRIOR TO JULY 1, 1938, ON WHICH SUCH CERTIFICATES OF LAWFUL ARRIVAL CAN BE ISSUED TO SUCH ALIENS, AS THERE IS NO SUCH REGISTRY OF ALIENS ARRIVING IN THOSE ISLANDS PRIOR TO THAT DATE.

THERE ARE DECISIONS THAT SUCH CERTIFICATES OF ARRIVAL NEED NOT BE MADE FROM THE RECORD OF REGISTRY MADE UNDER SECTION 1 OF THAT GENERAL NATURALIZATION ACT. IN RE PAGE, 206 F. 1004; IN RE SCHMIDT, 207 F. 678; IN RE MCPHEE, 209 F. 143; IN RE PICK, 209 F. 999; IN RE LINKLATER, 3 F. (2) 691; IN RE OLSEN, 18 F. (2) 425; AND IN RE CASSOVEL, 33 F. (2) 1002. ALL OF THESE DECISIONS ARE BY UNITED STATES DISTRICT COURTS AND RELATE TO ARRIVAL IN THE CONTINENTAL UNITED STATES.

THE INFERENCE FROM THESE DECISIONS OF THE DISTRICT COURTS IS THAT IN THE CASES OF ALIENS IN THE CONTINENTAL UNITED STATES AS TO WHOM NO RECORDS OF REGISTRY COULD BE FOUND, THE PRACTICE FOR SOME YEARS WAS TO SUBJECT THE ALIENS TO THE INSPECTION AND EXAMINATION WHICH WOULD HAVE BEEN MADE AT THE TIME OF ENTRY IF THEY HAD APPLIED FOR ADMISSION BY THE IMMIGRATION AUTHORITIES. IF UPON SUCH SUBSEQUENT INSPECTION AND EXAMINATION, THE ALIENS WERE FOUND TO BE ELIGIBLE FOR ADMISSION UNDER SUCH LAWS, REGISTRATION WAS MADE UNDER THE ABOVE-MENTIONED SECTION 1 OF THE GENERAL NATURALIZATION ACT OF 1906 AS OF TIME OF ENTRY AND CERTIFICATES OF ARRIVAL WERE ISSUED TO THEM UNDER THE ABOVE-QUOTED SECTION 4 OF THAT ACT TO FILE WITH THE PETITION FOR NATURALIZATION. SUCH CERTIFICATES BECAME KNOWN AS NUNC PRO TUNC CERTIFICATES OF ARRIVAL.

HOWEVER, IN IN RE HOLLO, 206 F. 852, JUDGE DAY OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, DISMISSED WITHOUT PREJUDICE A PETITION FOR NATURALIZATION WHERE THE CERTIFICATE FROM THE DEPARTMENT OF LABOR AS TO THE ALIEN'S ARRIVAL BORE AN ENDORSEMENT THAT THE CERTIFICATE WAS NOT BASED UPON REGISTRY OF THE ALIEN AT TIME OF ENTRY BUT UPON INFORMATION ACQUIRED AT A HEARING SUBSEQUENT TO ENTRY. JUDGE DAY SAID THAT THE CERTIFICATE WAS SIMPLY A RECORD OF A STATEMENT MADE BY THE ALIEN. AND IN IN RE KEMPSON AND PINCUS, 14 F. (2) 668, JUDGE NETERER, OF THE UNITED STATES DISTRICT COURT AT SEATTLE, IN 1926, HELD THAT THE CERTIFICATE OF ARRIVAL, BEING A MATTER OF SUBSTANCE, MAY NOT BE SUPPLIED BY THE DEPARTMENT OF LABOR BY NUNC PRO TUNC ORDER, BUT THAT APPLICANTS ARE NOT RESPONSIBLE FOR DEFAULT OF OFFICIALS IN MAKING PROPER REGISTRATION WHEN THEY REPORT FOR INSPECTION AT TIME OF ENTRY. ACCORDINGLY, IN THE CASE OF KEMPSON THE COURT HELD THAT THERE WAS NO POWER IN THE DEPARTMENT OF LABOR TO CREATE A RECORD OF ARRIVAL FOR HIM AS TO THE DATE OF HIS ORIGINAL ENTRY, AS HE HAD NOT AT TIME OF ENTRY PRESENTED HIMSELF FOR EXAMINATION BY IMMIGRATION OFFICERS. ON THE OTHER HAND, IN THE CASE OF PINCUS, IN WHICH THERE WAS A RECORD THAT PRIOR TO ENTRY HE HAD PRESENTED HIMSELF FOR INSPECTION AND HAD BEEN EXAMINED BY A BOARD OF SPECIAL INQUIRY AND AN ORDER OF ADMISSION ISSUED BUT THERE WAS NO RECORD OF ACTUAL ENTRY, THE COURT HELD THAT THE RECORD SHOULD BE CORRECTED TO SHOW LAWFUL ADMISSION AS OF THE DATE ON WHICH IT WAS PROVED HE ENTERED AND WAS EXAMINED IN FACT.

THEREAFTER THE ANNUAL REPORT OF THE SECRETARY OF LABOR IN 1927 SAID (P. 182):

"HUNDREDS OF THOUSANDS OF ALIENS ARE UNABLE, OR WOULD BE UNABLE IF CALLED UPON TO DO SO, TO PROVE LEGAL ADMISSION INTO THE UNITED STATES. THIS CLASS INCLUDES NOT ONLY ALIENS WHO HAVE DELIBERATELY EVADED INSPECTION BUT AS MANY MORE WHO BELIEVE THAT THEY HAVE THE RIGHT TO BE HERE. FOR MANY YEARS THERE WAS VERY LITTLE DIFFERENCE IN THE REQUIREMENTS FOR PERMANENT RESIDENCE AND FOR A VISITOR'S PRIVILEGE COMING FROM CANADA, AND EVEN TODAY CERTAIN VISITORS ARE NOT REQUIRED TO PAY HEAD TAX NOR TO HAVE DOCUMENTS OF ANY KIND. THEIR INSPECTION BY IMMIGRATION OFFICERS IS LESS RIGID THAN FOR THOSE WHO APPLY FOR THE PRIVILEGE OF RESIDENCE. THIS HAS BEEN TRUE SINCE TIME IMMEMORIAL, AND WHEN THERE WAS NO NUMERICAL LIMITATION ON IMMIGRATION FROM ANY SOURCE MANY ALIENS, KNOWING THAT THERE WAS LESS DELAY AT THE BORDER WHEN COMING TO VISIT, INDICATED TO THE OFFICERS THAT THEY WOULD BE BACK WITHIN A SHORT TIME.'

THE REPORT THEN REFERRED IN GENERAL LANGUAGE TO THE DECISION, CITED ABOVE, HOLDING THAT NUNC PRO TUNC RECORDS OF ENTRY DID NOT SATISFY THE LAW. THE REPORT ALSO STATED THAT IT COULD HARDLY BE EXPECTED THAT AN OFFICER OF THE GOVERNMENT WOULD MAKE A STATEMENT TO A COURT OF THE UNITED STATES THAT A PARTICULAR FACT IS SO WHEN HIS RECORDS DO NOT DISCLOSE IT, BUT THAT THAT WAS WHAT THE IMMIGRATION OFFICIALS HAD BEEN DOING IN MAKING RECORDS OF ENTRY NUNC PRO TUNC. THE REPORT FURTHER STATED THAT CONGRESS, THROUGH THE COMMITTEE OF IMMIGRATION AND NATURALIZATION OF THE HOUSE OF REPRESENTATIVES, HAD CALLED THE RESPONSIBLE OFFICERS OF THE GOVERNMENT TO ACCOUNT FOR WHAT WAS CONSIDERED AN ABUSE OF DISCRETION IN MAKING NUNC PRO TUNC RECORDS OF ENTRY AND THAT FOR THESE REASONS THE POLICY OF ISSUING NUNC PRO TUNC RECORDS HAD BEEN DISCONTINUED BY ORDER OF THE DEPARTMENT OF LABOR ( GENERAL ORDER NO. 37, SECOND AMENDMENT, MAY 6, 1926). THE REPORT RECOMMENDED LEGISLATION TO AUTHORIZE THE ADMINISTRATIVE OFFICERS TO GIVE A LEGAL DOMICILE TO ALIENS IN THE COUNTRY WHO HAD NOT BEEN RECORDED FOR PERMANENT RESIDENCE IF THEY HAD ENTERED THE UNITED STATES PRIOR TO THE DATE SPECIFIED IN SUCH LEGISLATION, AND SHOWED IN AN APPROPRIATE HEARING THAT THEY WERE NOT SUBJECT TO DEPORTATION AND MET CERTAIN REQUIRED STANDARDS. AFTER THE REPORT OF THE SECRETARY OF LABOR, CONGRESS PASSED THE SPECIAL REGISTRATION ACT OF MARCH 2, 1929 (45 STAT. 1512; 8 U.S.C. 106A). THAT ACT AS AMENDED BY THE ACT OF AUGUST 7, 1939 ( PUB. NO. 315, 76TH CONGRESS), DECLARES THAT THE REGISTRY OF ALIENS AT PORTS OF ENTRY REQUIRED BY SECTION 1 OF THE GENERAL NATURALIZATION ACT OF JUNE 29, 1906, QUOTED HEREINBEFORE,"MAY BE MADE AS TO ANY ALIEN NOT INELIGIBLE TO CITIZENSHIP, IN WHOSE CASE THERE IS NO RECORD OF ADMISSION FOR PERMANENT RESIDENCE," IF THE ALIEN MAKES A SATISFACTORY SHOWING TO THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION IN ACCORDANCE WITH REGULATIONS PRESCRIBED AS PROVIDED IN THE ACT THAT THE ALIEN, AMONG OTHER THINGS, HAS RESIDED IN THE UNITED STATES CONTINUOUSLY SINCE ENTRY PRIOR TO JULY 1, 1924, AND IS A PERSON OF GOOD MORAL CHARACTER. PARAGRAPH (B) OF SECTION 1 OF THAT REGISTRATION ACT OF 1929, AS AMENDED BY THE ACT OF APRIL 19, 1934 (48 STAT. 598; 8 U.S.C. 106A (B) (, DECLARES:

"FOR EACH SUCH RECORD OF REGISTRY MADE AS HEREIN AUTHORIZED THE ALIEN SHALL PAY TO THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION A FEE OF $10. ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED IN THE TREASURY AS MISCELLANEOUS RECEIPTS.' HOWEVER, REPORT NO. 1504, SENATE, 70TH CONGRESS, 2D SESSION, TO ACCOMPANY H.R. 3049 (349), WHICH BECAME THE ABOVE-MENTIONED SPECIAL REGISTRATION ACT OF MARCH 2, 1929, STATES (P. 4) THAT:

"SECTIONS 1 TO 5 PROVIDE RELIEF FOR ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924, WHERE THERE IS INABILITY TO LOCATE A RECORD OF THEIR PERMANENT ADMISSION IN CONFORMITY WITH THE IMMIGRATION LAW AT THE TIME OF THEIR ENTRY. THEY MUST SATISFY THE COMMISSIONER GENERAL OF IMMIGRATION THAT THEY ARE PERSONS OF GOOD MORAL CHARACTER AND NOT SUBJECT TO DEPORTATION IN ORDER TO SECURE THE REGISTRATION AND THE CERTIFICATE.' THUS THE ACT IS ESPECIALLY CONCERNED WITH THE REGISTRATION OF ALIENS WHERE THERE IS INABILITY TO LOCATE A RECORD OF PERMANENT ADMISSION "IN CONFORMITY WITH THE IMMIGRATION LAWS AT TIME OF THEIR ENTRY.' IT, THEREFORE, APPEARS THAT THAT ACT COULD NOT HAVE BEEN INTENDED TO APPLY TO THE ALIENS IN THE VIRGIN ISLANDS. IN THE CASE OF THESE ALIENS, WHOSE RESIDENCE BEGAN IN THE VIRGIN ISLANDS PRIOR TO JULY 1, 1938, THERE IS MORE INVOLVED THAN MERE INABILITY TO LOCATE A RECORD, FOR NEITHER THE IMMIGRATION ACT OF 1917 NOR ANY OTHER IMMIGRATION ACT OF THE UNITED STATES WAS BEING ENFORCED THERE AT THE TIME OF THEIR ENTRY. HENCE, IT IS BELIEVED THAT THE SITUATION WITH RESPECT TO THESE ALIENS IS THE SAME AS BEFORE THE ISSUANCE ON MAY 6, 1926, OF THE SECOND AMENDMENT TO GENERAL ORDER NO. 37, REFERRED TO ON PAGE 5 HEREOF, AND THE PASSAGE OF THE SPECIAL REGISTRATION ACT OF 1929. AS STATED HEREINBEFORE THIS DEPARTMENT BEFORE THAT TIME PURSUED THE PRACTICE FOR SOME YEARS OF GRANTING HEARINGS IN THE CASES OF ALIENS IN THE UNITED STATES WHO COULD NOT SHOW LAWFUL ADMISSION AND, IF FOUND TO BE ADMISSIBLE, REGISTRATION WAS GRANTED TO THEM AS OF TIME OF ENTRY. THEREUPON CERTIFICATES OF LAWFUL ARRIVAL WERE ISSUED TO THEM TO BE FILED WITH PETITIONS FOR NATURALIZATION.

WITH THE BACKGROUND OF LAWS AND FACTS AS POINTED OUT HERE, THIS DEPARTMENT IS GIVING CONSIDERATION TO THE MATTER OF HAVING THE IMMIGRATION AND NATURALIZATION SERVICE, INDEPENDENTLY OF THE SPECIAL REGISTRATION ACT OF 1929, MAKE A REGISTRY OF ALIENS IN THE VIRGIN ISLANDS WHOSE RESIDENCE BEGUN THERE PRIOR TO JUNE 1, 1938, THE DATE ON WHICH THE ENFORCEMENT OF THE IMMIGRATION ACT OF 1917 AND THE IMMIGRATION ACT OF 1924 WAS BEGUN IN THOSE ISLANDS. SUCH ALIENS WOULD BE REGISTERED REGARDLESS OF WHETHER ABLE AT TIME OF ENTRY OR OF REGISTRATION TO COMPLY WITH THE REQUIREMENTS OF THE IMMIGRATION LAWS, FOR IT WOULD BE DIFFICULT TO PROVE THE FACTS WHICH EXISTED AT TIME OF ENTRY, OR THAT THEY DID NOT ARISE SINCE THE ALIENS BEGAN RESIDENCE IN THE ISLANDS. THE REGISTRATION WOULD BE USED FOR PURPOSES OF THE IMMIGRATION AND NATURALIZATION LAWS AS A RECORD OF LAWFUL ADMISSION AT TIME OF ENTRY, OR AS OF JANUARY 25, 1917, THE DATE ON WHICH THE ISLANDS CAME INTO THE POSSESSION OF THE UNITED STATES, WHICHEVER IS THE LATER DATE.

THE FEE OF $10 PRESCRIBED BY PARAGRAPH (B) OF SECTION 1 OF THE SPECIAL REGISTRATION ACT OF MARCH 2, 1929, FOR REGISTRATION UNDER THAT ACT AS AMENDED, QUOTED ON PAGE 6 OF THIS LETTER, WOULD NOT BE INVOLVED IN THE CASES OF ALIENS WHOSE RESIDENCE IN THE VIRGIN ISLANDS BEGAN PRIOR TO JUNE 29, 1906, UNLESS THEY WISH TO REGISTER TO ESTABLISH LAWFUL ARRIVAL FOR THE PURPOSES OF THE IMMIGRATION LAWS. THE REASON IS THAT NO REGISTRATION OF SUCH ALIENS WOULD BE MADE FOR PURPOSES OF NATURALIZATION, AS NO REGISTRATION OR CERTIFICATE OF LAWFUL ARRIVAL IS REQUIRED BY THE NATURALIZATION LAWS IN THE CASE OF AN ALIEN WHOSE RESIDENCE IN THE UNITED STATES BEGAN PRIOR TO THAT DATE. AND THAT FEE WOULD NOT BE APPLICABLE TO THE REGISTRATION OF ALIENS IN THE VIRGIN ISLANDS WHO BEGAN TO RESIDE THERE BETWEEN JULY 1, 1924, AND JULY 1, 1938, AS THE SPECIAL REGISTRATION ACT OF MARCH 2, 1929, AS AMENDED, RELATES ONLY TO REGISTRATION OF ALIENS WHOSE RESIDENCE BEGAN IN THE UNITED STATES PRIOR TO JULY 1, 1924, AND ANY REGISTRATION OF THOSE ALIENS WOULD THEREFORE BE MADE INDEPENDENTLY OF THAT ACT.

THEREFORE, THE FEE OF $10 ARISES ONLY WITH RESPECT TO THE FOLLOWING TWO CLASSES OF ALIENS RESIDING IN THE VIRGIN ISLANDS:

1. THOSE WHOSE RESIDENCE IN THE ISLANDS BEGAN PRIOR TO JUNE 29, 1906, WHO WISH TO REGISTER TO ESTABLISH LAWFUL ARRIVAL FOR PURPOSES OF THE IMMIGRATION LAWS.

2. THOSE WHOSE RESIDENCE BEGAN THERE AT ANY TIME BETWEEN THAT DATE AND JULY 1, 1924, WHO WISH TO REGISTER TO ESTABLISH LAWFUL ARRIVAL FOR THE PURPOSES OF EITHER THE NATURALIZATION LAWS OR THE IMMIGRATION LAWS OR BOTH SETS OF LAWS.

FOR THE SAME REASONS AS STATED ABOVE FOR THE VIEW THAT THE PROVISIONS OF THE SPECIAL REGISTRATION ACT OF MARCH 2, 1929, DID NOT HAVE IN MIND THOSE CLASSES OF ALIENS, IT SEEMS REASONABLE TO HOLD THAT THE FEE OF $10 PRESCRIBED BY THAT ACT FOR REGISTRATION UNDER THAT ACT WOULD NOT APPLY TO A REGISTRATION MADE INDEPENDENTLY OF THE AUTHORITY OF THAT ACT, BUT OF THE KIND THAT WAS MADE IN THE STATES BY THIS DEPARTMENT FOR SOME TIME BEFORE THE ENACTMENT OF THAT ACT. SUCH A REGISTRATION WOULD BE MAKING A RECORD OF THE ALIENS IN THOSE ISLANDS WHOSE RESIDENCE BEGAN WITHOUT VIOLATION OF ANY LAW BEING ENFORCED THERE AT THE TIME OF THEIR ENTRY. ANY OTHER VIEW WOULD MEAN LEAVING IT IMPOSSIBLE FOR THEM TO SHOW A LAWFUL ENTRY FOR THE PURPOSES OF THE NATURALIZATION AND IMMIGRATION LAWS UNLESS THEY REGISTER UNDER THE SPECIAL REGISTRATION ACT OF MARCH 2, 1929, AND PAY THE FEE OF $10, PRESCRIBED, OR UNLESS THEY DEPART FROM THE UNITED STATES AND OBTAIN LAWFUL ADMISSION UNDER THOSE LAWS. AND ONLY THE LAST-MENTIONED COURSE WILL BE OPEN TO ALIENS WHOSE RESIDENCE IN THE ISLANDS BEGAN AFTER JANUARY 1, 1924. DEPARTURE AND REENTRY OF SUCH ALIENS WOULD MEAN GREAT DIFFICULTY FOR THEM, AS IT IS PROBABLE THAT MANY OF THEM ARE NATIVES OF COUNTRIES SUBJECT TO QUOTA RESTRICTIONS AND THEY WOULD NOT BE EXEMPT THEREFROM IF THEY CANNOT BE REGISTERED BEFORE DEPARTURE AS HAVING BEEN LAWFULLY ADMITTED TO THE UNITED STATES. SUCH INCONVENIENCE APPEARS HARDLY JUSTIFIED MERELY BECAUSE THE IMMIGRATION LAWS WERE NOT BEING ENFORCED AT THE TIME OF THE ENTRY OF THE ALIENS.

NOTWITHSTANDING THE REGISTRATION PROPOSED TO BE MADE WOULD NOT BE UNDER THE AUTHORITY OF THE REGISTRATION ACT OF MARCH 2, 1929, ANY CERTIFICATE OF ARRIVAL BASED ON THE REGISTRATION AND ISSUED FOR THE PURPOSE OF MAKING A DECLARATION OF INTENTION AS REQUIRED BY SECTION 4 OF THAT ACT AS AMENDED BY THE ACT OF MAY 25, 1932 (47 STAT. 166; 8 U.S.C. 377B) OR BY SECTION 4 OF THE ACT OF MARCH 29, 1906 (39 STAT. 596; 8 U.S.C. 380), WOULD INVOLVE THE COLLECTION OF A FEE OF $2.50, AS REQUIRED BY A FURTHER PROVISION IN THE ACT OF MARCH 2, 1929, AS AMENDED BY THE ACT OF APRIL 19, 1934 (48 STAT. 597; 8 U.S.C. 380A). THE REASON IS THAT THAT FEEIS REQUIRED BY THAT ACT REGARDLESS OF WHETHER THE LAWFULNESS OF THE ARRIVAL IS ESTABLISHED BY REGISTRATION UNDER THAT ACT OR OTHERWISE.

FOR THE PURPOSES OF THE IMMIGRATION LAWS IT IS NOT NECESSARY TO ISSUE A CERTIFICATE OF ARRIVAL, AS THE RECORD MADE UNDER THE PROPOSED REGISTRATION COULD BE REGARDED AS ESTABLISHING SUCH ARRIVAL. HENCE, FOR IMMIGRATION PURPOSES THE FEE OF $2.50, REFERRED TO ABOVE FOR SUCH A CERTIFICATE, WOULD NOT BE INVOLVED.

AS THE PROVISION PRESCRIBING THE $10 FEE FOR REGISTRATION AND THE PROVISION PRESCRIBING THE $2.50 FEE FOR CERTIFICATE OF ARRIVAL EACH PROVIDE THAT IT SHALL BE PAID TO THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION (WHOSE OFFICE IS IN WASHINGTON, D.C.; UNITED STATES V. LUMBARDO, 241 U.S. 73; 8 U.S.C. 101; EXECUTIVE ORDER 6166 OF JUNE 10, 1933), IT IS ASSUMED THAT THESE FEES ARE NOT WITHIN THE PROVISION IN SECTION 35 OF THE ORGANIC ACT OF THE VIRGIN ISLANDS OF JUNE 22, 1936 (49 STAT. 1816), DECLARING THAT "IMMIGRATION AND NATURALIZATION FEES COLLECTED IN THE VIRGIN ISLANDS SHALL BE COVERED INTO THE TREASURY OF THE VIRGIN ISLANDS AND HELD IN ACCOUNT FOR THE RESPECTIVE MUNICIPALITIES.' DOUBTLESS THE NATURALIZATION FEES INTENDED TO BE COVERED BY THAT PROVISION ARE THOSE COLLECTED BY CLERKS OF COURTS UNDER SECTIONS 402 AND 402A OF TITLE 8, UNITED STATES CODE. AND IMMIGRATION FEES INCLUDE HEAD TAX. HOWEVER, IN THE CASE OF ALIENS WHO ENTERED THE VIRGIN ISLANDS PRIOR TO JULY 1, 1938, THE DATE WHEN THE ENFORCEMENT OF THE IMMIGRATION LAWS WAS BEGUN IN THOSE ISLANDS, NO HEAD TAX WAS COLLECTED. THE HEAD TAX UNDER THE IMMIGRATION ACT OF FEBRUARY 20, 1907 (34 STAT. 898), WAS "FOUR DOLLARS FOR EVERY ALIEN ENTERING THE UNITED STATES" (WITH CERTAIN SPECIFIED EXCEPTIONS), UNTIL IT WAS INCREASED BY THE IMMIGRATION ACT OF FEBRUARY 5, 1917 (39 STAT. 874; 8 U.S.C. 132), EFFECTIVE AS OF MAY 1, 1917, TO "$8 FOR EVERY ALIEN, INCLUDING ALIEN SEAMEN REGULARLY ADMITTED AS PROVIDED IN THIS ACT, ENTERING THE UNITED STATES," WITH CERTAIN SPECIFIED EXCEPTIONS.

THE FEE OF $10 FOR REGISTRATION IS NOT INVOLVED IN THE CASES OF ALIENS ADMITTED ON OR AFTER JULY 1, 1938, AS SUCH ALIENS AT TIME OF ENTRY ARE REGISTERED AS REQUIRED BY SECTION 1 OF THE GENERAL NATURALIZATION ACT OF JUNE 29, 1906, AND THE SPECIAL REGISTRATION ACT OF MARCH 2, 1929, WHICH PRESCRIBES THAT FEE, IS NOT APPLICABLE.

THE PROPOSED REGISTRATION, WITHOUT SPECIAL LEGISLATIVE AUTHORITY, OF SUCH ALIENS IN THE VIRGIN ISLANDS IS HARDLY WITHIN THE CRITICISM OF THE CONGRESSIONAL COMMITTEE WHICH, AS POINTED OUT ON PAGE 5 HEREOF, WAS REFERRED TO IN THE REPORT OF THE SECRETARY OF LABOR FOR 1927, IN VIEW OF THE SPECIAL CIRCUMSTANCES AND THE FACT THAT THE FAILURE TO COMPLY WITH THE IMMIGRATION LAWS AND BE REGISTERED AT TIME OF ARRIVAL THERE WAS NOT DUE TO ANY FAULT OF THE ALIENS.

THERE IS ENCLOSED A COPY OF THE OPINION OF MARCH 31, 1938, OF THE SOLICITOR FOR THIS DEPARTMENT HOLDING THAT THE IMMIGRATION ACT OF FEBRUARY 5, 1917, AS WELL AS THE IMMIGRATION ACT OF 1924, IS APPLICABLE TO THE VIRGIN ISLANDS OF THE UNITED STATES AND THAT ALIENS ADMITTED THERE BEFORE THOSE ACTS WERE ENFORCED COULD BE REGARDED AS LAWFULLY ADMITTED FOR THE PURPOSES OF THE IMMIGRATION AND NATURALIZATION LAWS.

THE QUESTIONS PRESENTED ARE IN SUBSTANCE (1) WHETHER CERTAIN CLASSES OF ALIENS RESIDING IN THE VIRGIN ISLANDS MAY BE PERMITTED TO OBTAIN THE BENEFITS PROVIDED BY THE IMMIGRATION AND NATURALIZATION LAWS OF THE UNITED STATES WITHOUT THE PAYMENT OF THE REGISTRATION FEE REQUIRED BY THE PROVISIONS OF SECTION 1 OF THE ACT OF MARCH 2, 1929, 45 STAT. 1512, AS AMENDED, IN THE CASE OF ALIENS AS TO WHOM THERE IS NO RECORD OF THEIR ADMISSION FOR PERMANENT RESIDENCE; AND (2) IF PAYMENT OF REGISTRATION FEES BE REQUIRED, WHETHER SUCH FEES ARE FOR DEPOSITING INTO THE TREASURY OF THE VIRGIN ISLANDS OR INTO THE TREASURY OF THE UNITED STATES.

SECTIONS 1 TO 4, INCLUSIVE, OF THE ACT OF MARCH 2, 1929, 45 STAT. 1512, AS AMENDED MAY 25, 1932, 47 STAT. 166, APRIL 19, 1934, 48 STAT. 598, AND AUGUST 7, 1939, 53 STAT. 1243, PROVIDE IN PERTINENT PART:

THAT (A) THE REGISTRY OF ALIENS AT PORTS OF ENTRY REQUIRED BY SECTION 1 OF THE ACT OF JUNE 29, 1906 ( THIRTY-FOURTH STATUTES AT LARGE, PART 1, PAGE 596), AS AMENDED, MAY BE MADE AS TO ANY ALIEN NOT INELIGIBLE TO CITIZENSHIP IN WHOSE CASE THERE IS NO RECORD OF ADMISSION FOR PERMANENT RESIDENCE, IF SUCH ALIEN SHALL MAKE A SATISFACTORY SHOWING TO THE COMMISSIONER GENERAL OF IMMIGRATION ( COMMISSIONER OF IMMIGRATION AND NATURALIZATION), IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSIONER GENERAL OF IMMIGRATION ( COMMISSIONER OF IMMIGRATION AND NATURALIZATION), WITH THE APPROVAL OF THE SECRETARY OF LABOR, THAT HE---

(1) ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924;

(2) HAS RESIDED IN THE UNITED STATES CONTINUOUSLY SINCE SUCH ENTRY;

(3) IS A PERSON OF GOOD MORAL CHARACTER; AND

(4) IS NOT SUBJECT TO DEPORTATION.

(B) FOR EACH SUCH RECORD OF REGISTRY MADE AS HEREIN AUTHORIZED THE ALIEN SHALL PAY TO THE COMMISSIONER GENERAL OF IMMIGRATION ( COMMISSIONER OF IMMIGRATION AND NATURALIZATION) A FEE OF $10. ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED IN THE TREASURY AS MISCELLANEOUS RECEIPTS. (C) THE PROVISIONS OF SECTION 76 OF THE ACT ENTITLED " AN ACT TO CODIFY, REVISE, AND AMEND THE PENAL LAWS OF THE UNITED STATES," APPROVED MARCH 4, 1909, SHALL APPLY IN RESPECT OF THE OATHS, NOTICES, AFFIDAVITS, CERTIFICATES, ORDERS, RECORDS, SIGNATURES, AND OTHER INSTRUMENTS, PAPERS, OR PROCEEDINGS SPECIFIED IN SUCH SECTION 76.

SEC. 2. UPON THE MAKING OF A RECORD OF REGISTRY AS AUTHORIZED BY SECTION 1 OF THIS ACT, THE CERTIFICATE OF ARRIVAL REQUIRED BY THE FOURTH PARAGRAPH OF THE SECOND SUBDIVISION OF SECTION 4 OF SUCH ACT OF JUNE 29, 1906, AS AMENDED, MAY BE ISSUED UPON APPLICATION TO THE COMMISSIONER OF NATURALIZATION ( COMMISSIONER OF IMMIGRATION AND NATURALIZATION), IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSIONER OF NATURALIZATION ( COMMISSIONER OF IMMIGRATION AND NATURALIZATION), WITH THE APPROVAL OF THE SECRETARY OF LABOR, AND UPON PAYMENT OF THE FEE PRESCRIBED BY SECTION 5 OF THIS ACT.

SEC. 3. FOR THE PURPOSES OF THE IMMIGRATION LAWS AND THE NATURALIZATION LAWS AN ALIEN, IN RESPECT OF WHOM A RECORD OF REGISTRY HAS BEEN MADE AS AUTHORIZED BY SECTION 1 OF THIS ACT, SHALL BE DEEMED TO HAVE BEEN LAWFULLY ADMITTED TO THE UNITED STATES FOR PERMANENT RESIDENCE AS OF THE DATE OF HIS ENTRY.

SEC. 4. NO DECLARATION OF INTENTION SHALL BE MADE BY ANY ALIEN UNDER SUCH ACT OF JUNE 29, 1906, AS AMENDED, OR, IF MADE, BE VALID, UNTIL THE LAWFUL ENTRY FOR PERMANENT RESIDENCE OF SUCH ALIEN SHALL HAVE BEEN ESTABLISHED, AND A CERTIFICATE SHOWING THE DATE, PLACE, AND MANNER OF HIS ARRIVAL SHALL HAVE BEEN ISSUED; EXCEPT THAT NO SUCH CERTIFICATE SHALL BE REQUIRED IF THE ENTRY WAS ON OR BEFORE JUNE 29, 1906.

WHILE IT IS TRUE THAT STATEMENTS APPEARING IN A REPORT OF A COMMITTEE OF CONGRESS MAY, IN A PROPER CASE, BE CONSIDERED IN CONSTRUING THE AMBIGUOUS PROVISIONS OF A STATUTE, IT IS A UNIVERSALLY ACCEPTED RULE OF STATUTORY CONSTRUCTION THAT THE INTENTION OF A LAW MAKING BODY IS TO BE DEDUCED PRIMARILY FROM A READING OF THE STATUTE ITSELF--- CONSIDERED AS A WHOLE. ALSO, IT IS A GENERAL RULE THAT NEW ENACTMENTS OF A FRAGMENTARY NATURE ON SUBJECTS COVERED BY A SYSTEM OF RELATED GENERAL LEGISLATIVE PROVISIONS INDICATIVE OF A SETTLED POLICY SHOULD BE FITTED INTO THE EXISTING SYSTEM AND GIVEN EFFECT CONFORMABLY THERETO UNLESS A DIFFERENT PURPOSE BE CLEARLY SHOWN. UNITED STATES V. JEFFERSON ELECTRIC MANUFACTURING CO. (1934), 291 U.S. 386, 396.

THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA, IS A PART OF THE SYSTEM OF LAWS WHICH THE CONGRESS HAS ENACTED TO PROVIDE FOR THE IMMIGRATION AND NATURALIZATION OF ALIENS IN THE UNITED STATES AND IT IS FOR NOTING THAT THE CONGRESS BY THE ACT OF FEBRUARY 25, 1927, 44 STAT. 1234, GRANTED UNITED STATES CITIZENSHIP TO CERTAIN INHABITANTS OF THE VIRGIN ISLANDS AND EXTENDED THE NATURALIZATION LAWS OF THE UNITED STATES TO THOSE ISLANDS. IN THIS CONNECTION, SEE ALLEN V. UNITED STATES (1931), 47 F. (2D) 735.

THE BASIC IMMIGRATION LAW OF THE UNITED STATES IS THE ACT OF FEBRUARY 5, 1917, 39 STAT. 874, ENTITLED " AN ACT TO REGULATE THE IMMIGRATION OF ALIENS TO, AND THE RESIDENCE OF ALIENS IN, THE UNITED STATES" AND IT IS PROVIDED IN SECTION 1 OF THAT ACT THAT "THE TERM " UNITED STATES" AS USED IN THE TITLE AS WELL AS IN THE VARIOUS SECTIONS OF THIS ACT SHALL BE CONSTRUED TO MEAN THE UNITED STATES, AND ANY WATERS, TERRITORY, OR OTHER PLACE SUBJECT TO THE JURISDICTION THEREOF, EXCEPT THE ISTHMIAN CANAL ZONE.' SUCH LANGUAGE INDICATES A DEFINITE POLICY ON THE PART OF THE CONGRESS TO INCLUDE WITHIN THE SCOPE OF THE STATUTE ALL PLACES OVER WHICH THE UNITED STATES HAD JURISDICTION WITH THE EXCEPTION OF THE ISTHMIAN CANAL ZONE. WHILE THE PRECISE QUESTION AS TO WHETHER THE VIRGIN ISLANDS COME WITHIN THE PURVIEW OF THE ACT OF FEBRUARY 5, 1917, SUPRA, HAS NOT BEEN JUDICIALLY DETERMINED, IT APPEARS THAT THE SOLICITOR OF YOUR DEPARTMENT HAS CONCLUDED THAT THE PROVISIONS OF THE ACT OF FEBRUARY 5, 1917, SUPRA, ARE APPLICABLE TO THOSE ISLANDS. THE BASIS OF HIS OPINION APPEARS TO BE THAT THE VIRGIN ISLANDS BECAME A PART OF THE UNITED STATES UPON THE RATIFICATION, ON JANUARY 17, 1917, OF THE CONVENTION BETWEEN THE UNITED STATES AND DENMARK PROVIDING FOR THEIR CESSION, 39 STAT. 1706. THIS CONNECTION IT IS TO BE OBSERVED THAT THE CONGRESS BY THE ACT OF FEBRUARY 25, 1927, SUPRA, PROVIDED THAT "ALL PERSONS BORN IN THE VIRGIN ISLANDS ON OR AFTER JANUARY 17, 1917 (WHETHER BEFORE OR AFTER THE EFFECTIVE DATE OF THIS ACT), AND SUBJECT TO THE JURISDICTION OF THE UNITED STATES, ARE HEREBY DECLARED TO BE CITIZENS OF THE UNITED STATES.'

MOREOVER, EVEN THOUGH THE VIRGIN ISLANDS DID NOT IN FACT COME WITHIN THE JURISDICTION OF THE UNITED STATES UNTIL THE ENACTMENT OF THE ACT OF MARCH 3, 1917, 39 STAT. 1132, PROVIDING A TEMPORARY FORM OF GOVERNMENT FOR THOSE ISLANDS, IT APPEARS THAT THE LANGUAGE USED BY THE SUPREME COURT OF THE UNITED STATES IN ITS OPINION IN THE CASE OF DE LIMA V. BIDWELL (1901), 182 U.S. 1, 197, LENDS SUBSTANTIAL SUPPORT TO THE CONCLUSION THAT THE VIRGIN ISLANDS COME WITHIN THE SCOPE OF SAID STATUTE. IN THAT CASE MR. JUSTICE BROWN, SPEAKING FOR THE MAJORITY OF THE COURT, IN DEALING WITH THE QUESTION WHETHER THE WORD "FOREIGN" AS USED IN THE TARIFF LAWS APPLIED TO SUCH COUNTRIES AS WERE FOREIGN AT THE TIME THE STATUTE WAS ENACTED, NOTWITHSTANDING ANY SUBSEQUENT CHANGE IN THEIR CONDITION, SAID:

* * * WHILE A STATUTE IS PRESUMED TO SPEAK FROM THE TIME OF ITS ENACTMENT, IT EMBRACES ALL SUCH PERSONS OR THINGS AS SUBSEQUENTLY FALL WITHIN ITS SCOPE, AND CEASES TO APPLY TO SUCH AS THEREAFTER FALL WITHOUT ITS SCOPE * * *.

THE POLICY OF THE CONGRESS TO INCLUDE WITHIN THE SCOPE OF THE IMMIGRATION LAWS ALL PLACES OVER WHICH THE UNITED STATES HAS JURISDICTION, EXCEPT SUCH AS MIGHT BE SPECIFICALLY EXCEPTED, IS FURTHER SHOWN IN THE LANGUAGE WHICH WAS USED IN THE QUOTA IMMIGRATION ACT OF MAY 19, 1921, 42 STAT. 5, IN DEFINING THE TERM " UNITED STATES" AS USED THEREIN. ALSO, THERE IS FOR NOTING THE FACT THAT THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA, SPECIFICALLY RESTRICTS THE REGISTRY PROVIDED THEREIN TO SUCH ALIENS AS ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924, WHICH WAS THE EFFECTIVE DATE OF MANY OF THE PROVISIONS OF THE QUOTA IMMIGRATION ACT OF MAY 26, 1924, 43 STAT. 153. IN THE SAID LAST MENTIONED ACT THE CONGRESS PROVIDED THAT THE PROVISIONS THEREOF SHOULD BE ENFORCED AS A PART OF THE IMMIGRATION LAWS AND THAT THE TERM " UNITED STATES" WHEN USED THEREIN IN A GEOGRAPHICAL SENSE AS DISTINGUISHED FROM THE TERM "CONTINENTAL UNITED STATES" SHOULD INCLUDE, AMONG OTHER PLACES THE VIRGIN ISLANDS.

FURTHERMORE, IT IS SIGNIFICANT THAT SECTION 9 OF THE ACT OF MARCH 2, 1929, SUPRA, PROVIDED THAT THE TERM "COUNTY" SHOULD INCLUDE "THE ENTIRE TERRITORY COMPRISED WITHIN THE VIRGIN ISLANDS IN THE CASE OF THE VIRGIN ISLANDS.' WHILE THAT TERM DOES NOT APPEAR IN THE SECTION OF THE ACT WHICH IS NOW IN QUESTION, THE REFERENCE TO THE VIRGIN ISLANDS SHOWS THAT THE CONGRESS WAS NOT UNMINDFUL OF THE FACT THAT THERE WERE ALIENS RESIDING IN THOSE ISLANDS; AND, IN VIEW OF ITS APPARENT POLICY AS TO THE TERRITORIAL EXTENT OF THE SCOPE OF THE IMMIGRATION LAWS, AS SHOWN IN PRIOR LEGISLATION, AND THE FACT THAT THE NATURALIZATION LAWS PREVIOUSLY HAD BEEN EXTENDED TO THE VIRGIN ISLANDS, IT WOULD SEEM THAT IF THE CONGRESS HAD INTENDED THAT THOSE ISLANDS SHOULD BE EMBRACED WITHIN THE SCOPE OF SOME OF THE PROVISIONS OF THE ACT BUT EXCLUDED FROM OTHERS IT WOULD HAVE MADE SUCH PURPOSE KNOWN BY CLEAR AND UNMISTAKABLE LANGUAGE. ALSO, IT WOULD SEEM FROM THE LANGUAGE APPEARING IN SECTION 35 OF THE ORGANIC ACT OF THE VIRGIN ISLANDS OF THE UNITED STATES, APPROVED JUNE 22, 1936, 49 STAT. 1816, AS TO THE DISPOSITION OF IMMIGRATION AND NATURALIZATION FEES COLLECTED IN THE VIRGIN ISLANDS THAT THE CONGRESS CONTEMPLATED THAT THE IMMIGRATION LAWS OF THE UNITED STATES AS WELL AS THE LAWS PERTAINING TO NATURALIZATION MATTERS WERE IN FORCE AND EFFECT IN THOSE ISLANDS.

CONSEQUENTLY, IN VIEW OF THE FOREGOING MATTERS, AND IN THE ABSENCE OF ANY DEFINITE INDICATION BY THE CONGRESS THAT SECTION 1 OF THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA, SHOULD NOT APPLY TO ALIENS RESIDING IN THE VIRGIN ISLANDS THERE APPEARS TO BE SUBSTANTIAL REASON FOR CONCLUDING THAT THE FEE PROVIDED IN SAID SECTION SHOULD BE COLLECTED FROM ALIENS WHO MAY HAVE ENTERED THOSE ISLANDS BETWEEN THE TIME THAT SAID ISLANDS CAME WITHIN THE SOVEREIGNTY OF THE UNITED STATES AND JULY 1, 1924, AND AS TO WHOM THERE IS NO RECORD OF THEIR ADMISSION FOR PERMANENT RESIDENCE.

WITH RESPECT TO ALIENS RESIDING IN THE VIRGIN ISLANDS WHO HAD ENTERED THOSE ISLANDS PRIOR TO THE TIME THAT THE ISLANDS BECAME A POSSESSION OF THE UNITED STATES, IT APPEARS THAT ALTHOUGH THE CONGRESS EXTENDED THE NATURALIZATION LAWS OF THE UNITED STATES TO THE VIRGIN ISLANDS BY THE ACT OF FEBRUARY 25, 1927, SUPRA, THE SAID STATUTE GRANTED ALIENS RESIDING IN THOSE ISLANDS NO ESPECIAL PRIVILEGE OTHER THAN TO PERMIT SUCH AS WERE RESIDING THERE ON BOTH JANUARY 17, 1917, AND THE DATE OF THE PASSAGE OF THE ACT, TO FILE PETITIONS FOR NATURALIZATION WITHIN 1 YEAR WITHOUT MAKING DECLARATIONS OF INTENTION AND TO PROVIDE THAT, FOR THE PURPOSE OF THE NATURALIZATION LAWS, RESIDENCE IN THE VIRGIN ISLANDS OF THE UNITED STATES SHOULD BE CONSIDERED AS RESIDENCE IN THE UNITED STATES. ALSO, WHILE THE QUESTION OF THE APPLICABILITY OF THE IMMIGRATION LAWS OF THE UNITED STATES TO SUCH ALIENS IS PRIMARILY FOR ADMINISTRATIVE CONSIDERATION, IT APPEARS THAT THERE IS NO STATUTORY AUTHORITY FOR THE REGISTRY OF ALIENS AS TO WHOM THERE IS NO RECORD OF THEIR ADMISSION FOR PERMANENT RESIDENCE IN THE UNITED STATES, EXCEPT SECTION 1 OF THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA. CONSEQUENTLY, IN THE ABSENCE OF ANY OTHER SPECIFIC LEGISLATION BY THE CONGRESS CONCERNING ALIENS WHO WERE RESIDING IN THE VIRGIN ISLANDS ON JANUARY 17, 1917, NO REASON IS APPARENT FOR THE ASSUMPTION THAT IT WAS THE LEGISLATIVE INTENT THAT THEY SHOULD BE VIEWED IN ANY DIFFERENT LIGHT, SO FAR AS THE REQUIREMENTS OF SECTION 1 OF THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA, ARE CONCERNED, THAN THOSE ALIENS WHO ENTERED THE VIRGIN ISLANDS SUBSEQUENT TO THE TIME THOSE ISLANDS CAME INTO THE POSSESSION OF THE UNITED STATES.

MOREOVER, IT DOES NOT APPEAR THAT THE FACT THAT THE IMMIGRATION LAWS OF THE UNITED STATES WERE NOT GENERALLY ADMINISTERED IN THE VIRGIN ISLANDS PRIOR TO JULY 1, 1938, OR THE OTHER CIRCUMSTANCES MENTIONED BY YOU, CAN SERVE AS A BASIS FOR EXCEPTING ALIENS RESIDING THERE FROM THE PAYMENT OF THE FEE PRESCRIBED BY THE TERMS OF SECTION 1 OF THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA, OR FOR THE RESUMPTION OF THE FORMER DOUBTFUL ADMINISTRATIVE PRACTICE OF ISSUING NUNC PRO TUNC CERTIFICATES OF ENTRY--- WHICH PRACTICE WAS DISCONTINUED PRIOR TO THE ENACTMENT OF SAID STATUTE DUE TO THE FACT THAT ITS LEGALITY HAD BEEN CHALLENGED BY THE COURTS AND THE COMMITTEE ON IMMIGRATION AND NATURALIZATION OF THE HOUSE OF REPRESENTATIVES. THE LANGUAGE USED BY THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA, IN ITS OPINION IN THE CASE OF LINKLATER V. PERKINS, SECRETARY OF LABOR, ET AL. (1934), 74 F./2D) 473, SEEMS ESPECIALLY APPROPRIATE IN THIS CONNECTION. IN THAT CASE THE THEN SUPREME COURT OF THE DISTRICT OF COLUMBIA REFUSED TO COMPEL THE COMMISSIONER GENERAL OF IMMIGRATION AND THE SECRETARY OF LABOR TO ISSUE AN ALIEN A CERTIFICATE SHOWING HIS LEGAL ENTRY INTO THE UNITED STATES AND THE APPELLATE COURT, IN AFFIRMING THE JUDGMENT, SAID, IN PART:

* * * IF LINKLATER HAD PURSUED THE CLAIM HE NOW MAKES AT ANY TIME DURING THE TWENTY YEARS INTERVENING BETWEEN HIS ALLEGED ENTRY AND THE ENACTMENT OF THE PRESENT STATUTE, HE COULD HAVE OBTAINED THE DOUBTFUL ADVANTAGE THEN FLOWING FROM THE CONFLICTING DECISIONS AND UNCERTAIN PRACTICE TOUCHING NUNC PRO TUNC CERTIFICATES.

BUT THIS POSSIBILITY WAS CLOSED BY THE ACT OF 1929 (CHAPTER 536, 45 STAT. 1512), WHICH EXPRESSLY AUTHORIZED NUNC PRO TUNC REGISTRY AND CERTIFICATE OF ENTRY, UNDER SPECIFIED NDITIONS,"AS TO ANY ALIEN NOT INELIGIBLE TO CITIZENSHIP IN WHOSE CASE THERE IS NO RECORD OF ADMISSION FOR PERMANENT RESIDENCE, IF SUCH ALIEN SHALL MAKE A SATISFACTORY SHOWING TO THE COMMISSIONER GENERAL OF IMMIGRATION * * * THAT HE * * * IS A PERSON OF GOOD MORAL CHARACTER.' 8 U.S.C.A. SECTION 106A.

IF EVERYTHING THE PETITIONER NOW CLAIMS TO BE TRUE, AND THE ORIGINAL FAULT WAS AN IMMIGRATION OFFICER'S AND NOT HIS OWN, THE HARDSHIP HE COMPLAINS OF OPERATES ONLY TO IMPAIR A PRIVILEGE, BUT NOT TO VIOLATE A RIGHT, FOR NO ALIEN HAS A VESTED RIGHT TO NATURALIZATION, OR TO ANY METHOD OF PROCEDURE LEADING TO NATURALIZATION. "AN ALIEN FRIEND IS OFFERED, UNDER CERTAIN CONDITIONS, THE PRIVILEGE OF CITIZENSHIP. HE MAY ACCEPT THE OFFER AND BECOME A CITIZEN UPON COMPLIANCE WITH THE PRESCRIBED CONDITIONS, BUT NOT OTHERWISE. HIS CLAIM IS OF FAVOR, NOT OF RIGHT.' JOHANNESSEN V. UNITED STATES, 225 U.S. 240, 32 S.1CT. 613, 616, 56 L.1ED. 1066. "AN ALIEN WHO SEEKS POLITICAL RIGHTS AS A MEMBER OF THIS NATION CAN RIGHTFULLY OBTAIN THEM ONLY UPON TERMS AND CONDITIONS SPECIFIED BY CONGRESS. COURTS ARE WITHOUT AUTHORITY TO SANCTION CHANGES OR MODIFICATIONS; THEIR DUTY IS RIGIDLY TO ENFORCE THE LEGISLATIVE WILL IN RESPECT OF A MATTER SO VITAL TO THE PUBLIC WELFARE.' UNITED STATES V. GINSBERG, 243 U.S. 474, 37 S.1CT. 422, 425, 61 L.1ED. 853.

IN VIEW OF THE FOREGOING, I AM CONSTRAINED TO HOLD THAT THE REGISTRY CONTEMPLATED BY YOU OF ALIENS RESIDING IN THE VIRGIN ISLANDS, FOR THE PURPOSE OF AFFORDING THEM THE BENEFITS OF THE NATURALIZATION AND IMMIGRATION LAWS OF THE UNITED STATES, WITHOUT THE COLLECTION OF THE FEE PROVIDED BY THE TERMS OF SECTION 1 OF THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA, WOULD NOT BE AUTHORIZED UNLESS AND UNTIL THE CONGRESS SO PROVIDES. THE FURTHER QUESTION REMAINS AS TO THE DISPOSITION WHICH SHOULD BE MADE OF THE FEES PAID BY RESIDENT ALIENS IN THE VIRGIN ISLANDS UNDER THE PROVISIONS OF THE SAID STATUTE.

SECTION 35 OF THE ORGANIC ACT OF THE VIRGIN ISLANDS OF THE UNITED STATES, SUPRA, PROVIDES IN PERTINENT PART THAT "ALL QUARANTINE, PASSPORT, IMMIGRATION, AND NATURALIZATION FEES COLLECTED IN THE VIRGIN ISLANDS SHALL BE COVERED INTO THE TREASURY OF THE VIRGIN ISLANDS AND HELD IN ACCOUNT FOR THE RESPECTIVE MUNICIPALITIES.' THERE CAN BE LITTLE OR NO DOUBT THAT THE FEES REQUIRED BY THE ACT OF MARCH 2, 1929, AS AMENDED, SUPRA, ARE "IMMIGRATION, AND NATURALIZATION FEES" AND WHILE THAT STATUTE PROVIDES THAT THEY SHOULD BE PAID TO THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION, THERE IS NO REQUIREMENT THAT THEY SHOULD BE PAID AT HIS OFFICE IN WASHINGTON, D.C. DOUBTLESS, SUCH PAYMENTS WOULD, IN FACT, BE MADE TO HIS REPRESENTATIVES IN THE VIRGIN ISLANDS. FURTHERMORE, THE CITED ORGANIC ACT HAVING BEEN ENACTED SUBSEQUENT TO THE 1929 STATUTE MAY WELL BE VIEWED AS AMENDING THE 1929 ACT WITH RESPECT TO THE DEPOSIT OF SUCH FEES SO FAR AS CONCERNS THE VIRGIN ISLANDS. CONSEQUENTLY, IT WOULD SEEM THAT SUCH FEES ARE EMBRACED WITHIN THE SCOPE OF THE BROAD TERMS OF SECTION 35 OF THE ORGANIC ACT OF THE VIRGIN ISLANDS OF THE UNITED STATES, SUPRA, AND YOU ARE ADVISED THAT SAID FEES SHOULD BE DEPOSITED FOR COVERING INTO THE TREASURY OF THE VIRGIN ISLANDS, INSTEAD OF INTO THE TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS.