Page:American Journal of Sociology Volume 15.djvu/41

 THE IMMIGRANTS BILL OF RIGHTS 27

society. Is he entitled to the privileges and courtesies established by society for the benefit of its peaceable and law-abiding mem- bers? Does not the offender by virtue of his offense, so to speak, forfeit his rights to such benefits? The provisions of the Immi- gration Act of 1907 make no specific distinction among the several classes subject to expulsion within three years after land- ing. The alien malefactor is granted the same privileges and immunities as the unfortunate immigrant who becomes a public charge in hospital from prior causes or who, for any other reason, may be found to be illegally in the United States. His case is not considered with a view to deportation, in other words, unless (i) the existence of a "prior" criminal record is proved and (2) an official verification of landing is furnished which shows (or he admits the fact) that he has been in the country for a period of less than three years.

The new law had been in force less than a year, however, when the need of discrimination became manifest. Difficulties peculiar to the disposal of cases of the most undesirable class were frequently encountered. The task of securing verification of landing was at times insurmountable. The positively unde- sirable alien was seen to be the one who took the precaution to migrate under an assumed name, to change his name after arrival, or to enter the United States in some other surreptitious manner. The probability of securing a verification of landing under such conditions was exceedingly remote. It also happened that aliens actually subject to expulsion frequently refused to divulge such facts as would assist in the verification of landing, or deliberately falsified with the same object in view.'^

' If this paper had not already exceeded its original limits the present would be an opportune occasion for specifying the classes of aliens to whom this paragraph refers. Mention should be made, at least, of the class known as deserting alien seamen. There is a constant leakage through the various ports of aliens once rejected, or known to be inadmissible, who secure passage in the guise of seamen and desert their ship on arrival. The resulting con- ditions afford one of the most perplexing problems of present-day immigra- tion. It is obviously true that the restrictive features of the law may be largely neutralized by a failure properly to control this leak. So far it has seemingly been impossible to secure such co-operative action on the part of the interested steamship companies as is essential to anything like adequate control of this evil.