Page:American Journal of Sociology Volume 15.djvu/43

 THE IMMIGRANT'S BILL OF RIGHTS 29

that the immigrant's bill of rights does not wholly accord with the highest interests of the state. The need is felt of a wiser adjustment based upon what is thought to be a clearer perception of individual rights as limited by the prerogatives of organized society. The sentiment in favor of readjustment, and in the form of protest, has not in the past been voiceless; but it has failed to crystallize in definite and acceptable recommendations. These recommendations may be broadly comprised in two. The first relates to those classes of aliens who under the present laws are subject to expulsion from causes existing prior to landing; the second is in the nature of a proposal to provide for the expul- sion of similar classes of aliens on the basis of causes operating or arising subseqiient to arrival.^

In the first place it is suggested that the period during which expulsion may occur be extended from three to five years. Fur- ther recommendation is made that the burden of proof in the cases of criminals, anarchists, and immoral women or girls be definitely placed by statute upon the alien malefactor as in the cases of "assisted immigrants" applying for admittance to the United States. In sec. 2 of the act of 1907 it is provided that aliens who are assisted to migrate to the United States shall for that reason "affirmatively and satisfactorily" show that they do not belong to any of the excluded classes. Similarly the three classes of aliens above named might be required affirmatively and satisfactorily to show either that they are citizens of the United States or that they have resided in the country for a period of more than five (three) years. In the absence of such showing they would be subject to expulsion. This, again, would be simply an adaptation of the law which for years has been applied to all Chinese persons in the regular administration of the Chinese Exclusion Acts. It is provided in sec. 3 of the act of May 5,

' The Canadian immigration law provides for the deportation of any immi- grant who "has, within two years of his landing in Canada, become a public charge, or an inmate of a penitentiary, jail, prison, or hospital, or other charitable institution." No distinction is made between "prior" and "subse- quent" cases. (See Law and Regulations of Canada Respecting Immigration June 20, 1908, at Ottawa.)