The purpose of this thesis is to discuss the various factors which led to the passage of the smith act. Nothing apparently came of it, though, and on june 28, 1940, as a war measure, the alien registration act was passed and enforced. Alien registration, sections 451460 call numberphysical location call number. No alien who is deportable under the provisions of paragraph 3, 4, or 5. The president called for registration of male citizens and alien residents under the terms of the selective training and service act of 1940 as amended, on the following dates. The alien registration act, popularly known as the smith act, 76th united states congress. Winrod, an evangelist based in wichita, kansas, viewed himself and his followers as defenders. Alien registration forms on microfilm, 1940 1944 uscis. The alien registration act of 1940, also called the smith act excerpts 2385. The civilian and military organizations license act. Decided by board july 5, 1961 united states department. Senate and house of representatives of the united states of america.
In the early years of world war ii 193945, some americans were concerned that foreigners and subversive, or revolutionary, groups were plotting to undermine the u. Summary and analysis of important features of the alien. Every alien subject to the provisions of this act shall, on demand of any immigration official, or member of the philippine constabulary, police, or other peace officer, exhibit his certificate of registration. It is hereby declared that the philippine immigration structures, policies, rules and regulations established underthis act, shall be designed, operated. Alien registration act the alien registration act also known as the smith act was passed by congress on 29th june, 1940, made it illegal for anyone in the united states to advocate, abet, or teach the desirability of overthrowing the government. The 4th and 5th chapters were indirect tieins with the alien registration act of 1940, also known as the smith act.
By 1981, aliens who remain in the united states for 30 days or more were required to initially register and report their address information and then to report their change of address only if they move. The alien registration act also known as the smith act was passed by congress on 29th june, 1940, made it illegal for anyone in the united states to advocate, abet, or teach the desirability of overthrowing the government. No alien who is deportable under the provisions of paragraph 3. Smith of virginia, was adopted at 54 statutes at large 670671 1940. The smith act was also called the alien registration act because of the new requirement that aliens register and be fingerprinted. Subject to such exemptions as may be made by the restriction minister under section 17, an alien coming from outside the. The alien registration act, 1940, referred to in subsec. Immigration law and the myth of comprehensive registration. Although the united states had not yet entered the war, congress passed the alien registration act in 1940 to address some of these concerns. Alien registration act of 1940, immigration, committee of unamerican activities, communist propaganda, immigration law, law and race. When the alien registration act of 1940 was passed, alien immigrants were legally mandated under penalty of immediate arrest to register with the immigration and naturalization service ins.
This was an amendment to the alien enemy act of 1918. The alien registration act of 1940, usually called the smith act because the antisedition section was authored by representative howard w. Mcl08006 revised rules governing philippine citizenship under republic act 9225 and administrative order no. The alien registration act of 1940 required that all persons who were not citizens or nationals of the united states.
Smith act 1940 1 the alien registration act of 1940, usually called the smith act because the antisedition section was authored by representative howard w. While there have been attempts to register aliens, or nonnaturalized immigrants, since 1845 a law requiring such registry wasnt passed until 1906. A quota of 105 per year was established effectively repealing the chinese exclusion lawssee the act of may 6, 1882. Summary and analysis of important features of the alien registration act of 1940, smith act november 3, 1951. This act made it illegal for anyone in the united states to advocate, abet, or teach the desirability of overthrowing the government. Selective service system, oklahoma state headquarters. The alien registration act, popularly known as the smith act, 76th united states congress, 3d session, ch. Smith act, formally alien registration act of 1940, u.
Beginning 1 april 1944 the immigration and naturalization service ins began creating alien files to record the cases of registered aliens as they passed through the united states immigration and inspection process, as well. Section 4e requires aliens eighteen years of age and over, who complied with the alien registration act of 1940 and have. No alien who is deportable under the provisions of paragraph 3, 4, or 5 of this subsection shall be deported until the termination of his imprisonment or the entry of an order. The act made it illegal for any resident or citizen of the united states of america to teach or advocate the violent overthrow of the u. Records of the selective service system, 19261975, record group 147. The smith act is actually not a legislative act at all, it is simply the advocacy section of the alien registration act of 1940 the smith act, 1956, p. The alien registration act also known as the smith act was passed by congress on the 29th of june, 1940. No alien who is deportable under the provisions of paragraph 3, 4, or 5 of this subsection. Geary and was passed by congress on may 5, 1892 the law required all chinese residents of the united states to carry a resident permit, a sort of internal passport. Sep 19, 2014 support for alien registration continued into the cold war and, in 1952, congress put into effect a new provision requiring all registrants to carry their registration receipt cards at all times. Act 258 limitations on performance of longshore work by alien crewmen chapter 7 registration of aliens act 261 aliens seeking entry into the united states act 262 registration of aliens in the united states act 263 provisions governing registration of special groups act 264 forms and procedure act 265 notices of change of address. It affected any person who wasnt born in the united states. D the alien registration act of 1940, also called the. Title summary and analysis of important features of the alien registration act of 1940, smith act, date.
Three weeks later, on june 28, congress passed the alien registration act of 1940 a bill also known as the smith act, named for its chief proponent, congressman howard smith of virginia. Act of june 26, 1940, that affected the most people, however. The first prosecutions under the smith act, of leaders of the socialist workers party swp, took place in 1941. Philippine immigration laws and other related laws. Amended the alien registration act of 1940, adding to the classes eligible for naturalization chinese persons or persons of chinese descent.
Aug 12, 2020 under the alien registration act of 1940, immigrants in the united states were required to register and be fingerprinted. The following is a chronology of events regarding the treatment of enemy aliens and the reaction in the italian american community. Alien registration act of june 28, 1940 54 statutesatlarge 670. Smith act of 1940 the smith act alien registration act of 1940 is a federal statute of the united states that imposes criminal penalties for those who advocate the overthrow of the government. Alien registration act of 1940 wikisource, the free online. A liens 5 1 upon them by or under this act or as may be prescribed for giving effect to this act. Registration cards 4th registration, act of 1940 for men born between april 1877 and february 1897, 1942. Jan 28, 2005 since 1940, congress has provided a statutory framework that requires aliens entering or residing in the united states to provide address information. The alien registration act was passed by congress in 1940. The first afiles were created in 1940, as mandated by the alien registration act, which for the first time in the nations history required all immigrant aliens to register with the federal government. Alien registration act of 1940 naturalization mutiny.
Be it enacted by the senate and house of representatives of the united states of america in congress. The smith act, enacted june 29, 1940, set criminal penalties for advocating the overthrow of the u. Into this consideration will enter the numerous bills introduced during the decade, the congressional investigating committee, and their. Who the smith act affected the smith act affected nazis, facists and communists. On december 11, 1941, nazi germany and fascist italy declared war on the united states. The smith act alien registration act of 1940 is a federal statute of the united states that imposes criminal penalties for those who advocate the overthrow of the government.
About 215 individuals were obliged to register, which included alleged trotskyists, fascists, and communists. Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the gov ernment of. Pdf an act to amend the act of march 2, 1929 45 stat. It set criminal penalties for advocating the overthrow of the u. Title iii of that act, which related to register and fingerprinting of aliens, was classified to sections 451 to 460 of this title, was repealed by section 403a39 of act june 27, 1952. Ra 9225 citizenship retention and reaquisition act of 2003. Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the gov ernment of the united states or the government of. In 1940, resident aliens were required to register under the smith act. This act also required all adult residents that are noncitizens to register with the government of the united states. Although the united states had not yet entered the war, congress passed the alien registration act in 1940 to address some of these concerns the alien registration act was proposed by u. The alien registration program was a world war iiera national security measure ordered by the original alien registration act of 1940. The first section of the alien registration act requires all noncitizen adults to register with the government within four months of arrival to the country. This act shall be known as the philippine immigration act of 2009. Aug 27, 2012 6c, or under section 36c of the alien registration act, 1940, or has been convicted of violating or conspiracy to violate any provision of the act entitled an act to require the registration of certain persons employed by agencies to disseminate propaganda in the united states, and fur other pal.
The act became the analogue of the new york criminal anarchy act sustained in gitlow v. The act has been amended several times and can now be found at 18 u. Ooo the alien registration act, 1940 citizens source. Alien registration act, 1950 smith act pl 76670, 54. The smith act was enacted in response to growing fears of fascist and communist sedition, and originally targeted disruptive immigrant. Alien personal history statements and applications for relief from military service, 194246. D the alien registration act of 1940, also called the smith. Records of the selective service system, 1940 national. The law also forced noncitizens to register with the u. The alien registration act, 1940, referred to in subsecs.
Regardless of status, if a communist, you would be tried, then punished if guilty. This act may be cited as the alien registration act, 1940. The alien registration act the alien registration act also known as the smith act was passed by congress on the 29th of june, 1940. Approximately 215 people were indicted under the legislation, including alleged communists. That 1940 act directed ins to fingerprint and register every alien age 14 and older living or arriving in the united states. Alien registration act of 1940, antisemitism, fundamentalist christianity, great sedition trial, midwest, wichita. Registrations began on august 27, 1940, and the newly created alien.
Alien registration act of 1940 san diego state university. The alien registration act holocaust memorial center. This work is in the public domain in the united states because it is a work of the united states federal government see 17 u. Alien registration act of 1940 alien registration act of 1940 u. The smith act of 1940 alien registration act and the effects of a law the smith act was enacted by the 76th united states congress on june 28, 1940. The geary act was a united states law that extended the chinese exclusion act of 1882 by adding onerous new requirements. Sections 30 and 31 of that act were classified to sections 451 and 452 of this title and were repealed by section 403a39 of act june 27, 1952. The alien registration act of 1940 mckendree university. It was written by california representative thomas j. Alien registration act of 1940 wikisource, the free. The act made it illegal for any resident or citizen of the united states of america to teach or advocate. Local effects of a national law in local newspapers from 1940 1941, we can see evidence that this new law was being put into practice. Finding your immigrant ancestors national archives.
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