The Archive · 1926

American Law and Wives

March 18.

Mr. Dyer of Missouri, who) has been called the member of Congress for Americans living in China, has recently introduced a -bill into the House of Representatives which has for its object relief for those wives of American citizens who may be of Asiatic origin, Under the recent immigration acts of the United States persons born in, Japan, China, India and the other countries of the Pacific, or their descendants no matter of what citizenship, may not enter the United States as immigrants.

Even when they are married to American citizens they still may be excluded from the United States, except under special privileges which must be as unacceptable to many proud Asiatic women as it. is umbrageous to their husbands. When an Asiatic woman is a British subject, or a French citizen, even for two or three or more generations, _the American Government declines to recognize the European citizenship and insists upon the Asiatic raciality. Even before the present inhuman nationality} law was passed, which had the effect of denationalizing the alien wives of American citizens, the highest courts held that Chinese, Japanese and other, Asiatic wives - of American citizens were not entitled to the benefits of their husbands' citizenship, as marriage could not be used "as a subterfuge to evade the law. That was the law, surprising as it may appear, Under the present immigration act, British, French and other European women married Americans may live in the country indefinitely with their husbands, if the husbands have petitioned for this privilege and it has been granted. by the immigration authorities. This privilege is withheld from Asiatic women married Americans, who can only enter the country as visitors, students or professors, for stated periods. An American married to al Chinese woman might want to return to his home in the United States, but he may not take his wife with—him permanently, although the children she bore him, as American citizens, may live in the country all their lives. It is difficult to understand the logic which makes the mother of a family the only ineligible one for residence in the United States. It is almost beyond _understanding how legislators could have legislated to destroy 8, {0 leave a mother in one country, while the husband and children may live in the land of the husband's birth.

But such is the law and it has to be changed before it can be called a humane lay Mr. Dyer's change would give the Asiatic woman equality with, the European in the eyes the American immigration officials, She might live the United States indefinitely with her husband if he petitions the Government for the privilege and if Mr. Dyer's bill becomes Jaw. At present she may enter the country under the greatest] difficulties; under Mr. Dyer's rangement she would enter upon the administrative approval of a petition. One cannot see any reason Mr. Dyer's bill be passed. The present law} undoubtedly works great hard ships upon Americans who have ied Chinese and Japanese ladies, of whom there is undoubtedly a larger number than is generally imagined. There may be some Americans in the United States-who would suggest that Americans should, not marry outside of their own country, just as there are Americans who suggest that, no American should live outside the United States; but marriage is so much a matter, of the heart that the less the law hampers a free expression of the emotions, the happier the human race is likely to be. There is too much law everywhere but not enough of the right kind of law, such as Mr. Dyer is introducing for what fast_ becoming his constituency, the American on the Pacific.

Text read from the printed page and cleaned; old type leaves the occasional error.

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