94
10
3176
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7fc136d8498e97c6008644b161330a38
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Title
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World War II 2022
Contributor
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Anthony, Alex, Baarik, Joey
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6263f681298e465f1ac12ad82698bdb5
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Title
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Map of Mexico, including Yucatan and Upper California
Creator
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Augustus, Mitchell, S (Samuel Augustus), 1792-1868
Subject
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Historical Maps
Cartography
Description
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65.5 x 46 cm. Hand colored lithograph, Texas outlined in red, and with an upper right inset of "The Late Battlefield" (Monterey). Shows Mexican territories, locations of battlefields, major cities, provinces, and land features.
Publisher
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Honnold Mudd Library. Special Collections
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JSTOR
Date
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1847
Type
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Image
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image/jp2
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Original map, 13.5 cm: Honnold/Mudd Library map collection m917.72 M695, folder 3:6
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mam00057.tif
http://cdm15831.contentdm.oclc.org/cdm/ref/collection/p15831coll14/id/66
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English
Relation
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Maps and Mapping at The Claremont Colleges - https://ccdl.claremont.edu/digital/collection/p15831coll14
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For more information on copyright or permissions for this image, please contact Honnold Mudd Library Special Collections at https://library.claremont.edu/scl/
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https://dh.scu.edu/exhibits/files/original/90/2887/Bill_to_the_Subcommitee_on_Immigration_and_Naturalization.pdf
15936cbe7eb34d4922566ee0203ea223
PDF Text
Text
[CONFIDENTIAL COMMITTEE PRINT]
[This bill bas been ·assigned to the Subcommittee on Immigration ai111l
Na,turalization]
Calendar No.
!Jan CONGRESS
12d Session
SENATE
}
{
REPORT
No.--
TO CLARIFY THE ACTHORITY OF THE ATTORNEY GE);ERAL OF THE UXITED STATES TO EXCLUDE AND
DEPORT ALIENS FOR FRAUDl,LENT EXTRY
______ .:. ___ ,-Ordered to be printed
Mr. ----------------, from ·the Committee on the Judiciary.
submitted the following
REPORT
3'),..
[To acco1111mny S.
'lj
The Committee on the ,Judiciary, to which was referred the bill
( S. 3244) to. clarify the authority of the Attorney General of the
United States to exclude and depOl't aliens for fraudulent ent1·y, having considered the same, reports favorably thereon with an amendnwnt !tnd recommends that the bill as amended do pass.
AMENDMENT
On page 2, line 11, change the word "section" to read "subsection."
PURPOSE OF THE BILL
The purpose of the bill as amended is to amend section 241(£) of
the Immigration and Nationality Act to clarify the legislative mtent
through more precise definition of the conditions under which a waiver
of deportability would be applicable to aliens with fraudulent entries.
The exei'cise of such authority in eligible cases would be left to the
discretion of the Attorney General,
88-137-74-No, 171
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ST.\'l'EMEXT
The purpose of the pl'esent section 241(£) of the Immigration and
·N a,tionality
Act Wf),S to ,waive
a single gl'ound o:f dep01tation, arising
~ut ?f misr~pres~*'ati.9h~ t11 J)ro.c\1ring entry, ~or aliens with a ?lose
fa1mly relat1\•e ,vhii \s a U.l:i. c1t1zen or an alien lawfully achmtted
fo1: •:permanent residence.
However, some courts by their liberal readings of the statute appear
to ha.ve 1nisui1det'stoocl the legislative intent. Nu1nerous deportable
aliens have ti1ereupon sought to exprmcl the statnte into a charter o_f
a111nesty-a vehicle for waiving all restrictions for those aliens who
entered the United States through fraud. In doing so, these deportable aliens have found it useful to claim they have committed fraud,
tl1ei-eby es~ablishir':~ a \Jasis for cont~nding that they were ~ntitl~d
lo benefits not aya1mble to the law-ab1dmg. Enactment of tins leg1s1ation, by clearly defining the scope of section 2'11 ( f), would curtail
the distortioi1· of the statute and would allow the Iinmigration and
Naturalization Service to deal in ·a rational way with the 1nany problems that have been created in administering this provision,
It would:
First. Limit the waiver of depmfobility to those who entered with
imniigrant visas;
.
Second. -waive only the depoi-tation ground reh,ted to the misrepre-
sentation;
Third.·Define the tel'lll "otherwise t1dmissible ;"
Fomth. Allow the waive,, to be granted only in the discl'etion of the
Attorney General; t1nd
.
Fifth. Regard as lawfully admitted for permanent residence an
alien who has been granted such waiver.
The following letter dated December ·20, 197'3 to the Vice Presiclent
from the Acting Attomey Geneml with reference to the legislation
1·eacls as follows :
. OFFlQB OF 'l'HE i-\..rl"l'ORNEY G1i:~EIUL,
1
Tli;. · ,Vicm ·PRE~i~EN'l\
U:S.'• Sencde,
Waskinqt01i,: D.O. ·
vVashington, D.O., Decembe1· PO, 19'7J:
D~,_\n'n1IR. VICE,PRESIDEN'l'__: There. is t1·nirn111itted hen\Witl1 a, legislative proposal to amend section 24l(f) of the Immigration and NatioJialit.y 4-ct, .8 U.S.C. 1251 (f) to clarify the authority of the Attorney
Gene.ral' tO exclude and deport aliens for fraudulent entry iilto the
Fnited States.
In its present form, section_ 241(f) has produced considemble confosj011 ,i;nd litigation ancl ha$ impeded ,the effective administration of
.the i111n1igr.ation 1avvs. , · : .
·.
·
·
·
.. Section '241( f) waives cleportwbility, on the ground that the. alien
,yas ,excludable ,at the time of entry because of fraudulent mis-state. n,tents, · for aliens with close. reh,tives· in the United .States. The
·i,aronnd" of exduda.bility for misrep1·esenta,tions, and Consequent de.-
p~rtability, mentioned in section 241(f) is that set forth, in virtually
identical language, in section 212_(a) (19) ?f the Act (8 U.S:\J. l182(a)
(19)). -Moreover, the statute specifies that its benefits are available only
'Judi. 171
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�:3
i,,
to alien·S who w~1:e 1'othen~•ise admissible ·a.t.-tl1c· tin1e_:of·e11t.'r'yi':''•-The
language of the statute clearly indicates that' it \va's emriltecl f91' the
lin1ited ·purpose of waiving· a single and 1~elatively 1ninqr oTOU'tld -f'iJL'
~epor~ati9n7 arising out <;>f misrepresentfl;ti_~ns· ii.1 prOmi.i•i~g_:. ~_nf1·~~~
for a.hens with n close fa1111 ly relative ·who 18 a Dinted States· c1bZe11 or
an alien la,yfnlly admitted fo1; .Permanent residenc6.' i: · . ,. ,.,-; .: .
However, the Supreme Court, m INS v. E,·,'ioo, 385 U.S. 214,(196$),
i'eacl the; statute as waiving cleportability \vhere the aliil1i lmd ei1teretl
with an im1nigrant visa and had evaded ·quota ·I'est6C~ions . bf hi$
misrepresentation. Encouraged by thi13 generous reading of the statute,
litigants have sought to expand sectioi1 241(£) int,o it ehartei-' of
amnesty, w~iving -all restrictions for those·w}~d had ente;red thB'U1iitetl
,States through fraud. Some courts, particularly tlwC01frt' 6f Appeii:ls
for the Ninth Circuit, have been persuaded to adopt expansive i11te1·0
i:>retations. Hundreds of cases have been develop·ed iri the'. administratiye and judicial processes, and cleportable aliens have fotmd it, \lflefol
to assert that they have committed fraud in contending that they were
therefore entitled to benefits not available to the law0 abicling.'' ,,
.,_~ brief review of sonie of the typical isS1108 that hii,ve a·risen --£0119\'i·s:
. .I\. conunon contention has b~en that an aliei1 whO entered :as a :f-ion.:.
immigran~, and is ?harged w_ith being cleportable for havi11~ Mel'stayecl h1s authorized achm~:,10n, c_an , e~cape clepo~tab1hty , by
contenclmg that he had an unchsclosecl mtent10n to comm1t.'francl ai1cl
that he ean insist on being chitrged with such· fraud so 'tha:,t . he Can
invoke the benefits of section 241(£). This contei1tion was suceess:l'nl
in Fitales v. INS, 443 F.2cl 343 (9th Cir. 1971) · ,,qertiorari grante'cl
hnt thereafter dismissed, apparently on ~-rolni_d· of moot~1eSS;· t11e ·,n11.Pn
having· left the United States, 405 U.S. 983'. However, aftei' cli~missaJ
of the Fitales case the Government persuaded the Ninth Oirci1it',to
re,-el'Se itself a)1cl to uphold a deportation order against· a11 overstated
nonimmigrant, in Oalnwo-Flo,w and Mangabat v. INS, (9th Cii'.,
April 13, 1973). 'Miss Mangabat has filed a petition for certiol'ari to
review that decision, which is no-w pending be:EoTe the Supreme Coui·t.
_._-\_nothe1· contention re1ates to i1.lie1is ''\'i'ho hnYe- entered without
inspection, and, who contend that they are ,neverthel,ess entitle.cl to a
waiver of cleportability unclei· section 241 (f). This eoi1tentioi1 is 1la r,
ticularly significant in connection ·with sn1Teptitious entl'ies a·CroSS ·the
Mexiea11 borcler, In iJfo11a,•1'ez-Monrm·ez v. Rose:nberg, 472 F, 2d 119
( Dth ('il'. 1972) the court rejected a contention tlrnt section 241(£)
conlcl be extended to include such surreptitious entmnts. ,The court
obsened:
,
,
"If petitioners' rea.ding of section 241 (f) were adOptecl,. no aH~n
,Yho illegally entered this country and who \Yfls not o.therwl..$e inachx1i~sible COl\ld be cle]?ort~cl by reason of his i)legal ei:tr:v after he, acqui,:ed
the 1·eqn1s1te fmn1ly ties. Congress had no such ahen b9nanza.}n 1nind."
A petition for certiorari challenging- that _decision was. flied .in
Oastellon-Dua,•te v. INS, and was denied by the Sup1:en{e Ootfrf'on
,June 11, 1972. Supreme. Court No. 72-6312. On tl,e other hand, the
~inth Circuit has h~lcl that a pe1~6n wh~ enters :Y,ithout,proper h;,spec,
bon, on a false cl_ann to U.S. c1t1zensh1p,- can 1,nvok~ the . . b.eneJits of
section 241(£). Ohuey v. INS, 439 F. 2d 244 (9th Cir. 1971); U:/3.,:,
(),,unri.-Picos, 443 F. 2d 907 (9th Cir. 1971). Oh,rey overruled the
Attomey General's decision in Matte,· of Lee, 13 I&N Dec. (19\10):
Judi. 171'
I
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�4
(/~~~1~f!-.~?_-ioo,'.i disn~iss~.~l. a.. cdJnintl l p rosecutio_n fo 1: i11 eg:,a J. ree.nti:y. fo J,.
lowrn,g a deportat1w,, wlnchthe.conrt founcl.mvahclbecanse of section
¥41:(f).
, ,, ,·. • ,,,
. ·.·. .
.
,,'
',
.
.
. ·: The g'o\rei,·nment.'s position is t._h.rt_t an alien .who_ ente1•s :wit.hotlt a:i1
ip.1nj\gr.ant. vhi~. 'i:;,•.1iOt_-''otherwIBe admis_sib_iB" ":it-hii~. the contemplation
<,>f'section241 ( f), ri1id.i.t is urging the .sam.e issue in regat:d .to aliens
,tho a.llege .that tliey e1itered across the Mexican border ·on the basis
o1 a false_cla.irr: to Unite.cl State~.citjzenship, who have acquired clbse
re:l.atwes m this. cot1nt.ry, a1,d who. contend that. they. are. therefore
exim11;t from deportati011 under section Ml(f).
. . .. ·
These .and .other issue.s._involving section 241(.f) .. have ent.ailed a
distifrtiin)_ of the st11fate m"Lhave t'aised se1•ious. enforcement pl·obleip3. Therefore, ,a1.1 al)1e1idnient to sectioi, 241(£) which would cleal'ly
clefilie its scope i.n the following respects it being proposed.: .
1. th'e waiver 6£ clep<irtahi.lity ,wuld be limited to Uwse who entered
with immigtant visas;
.
.
'2, only the deportation ground related to the misrepresentations
would be waived;
H. the waiver would not be automatic and ,vonld be gmnted only
in the discretio1i of the Attorney General;
4. upon grant of the waive,· the alien would be regiirded as lawfnll:y admitted £or permanent residence, eliminating an uncertainty
in his status under the present statute.
. In order to clarify the Congressional purpose and to eliminate existing confusion, I respectfully nrge that this proposal be enacted with-,
out unnecessary delay.
.
The Office of Management and Budget has advised that enactment
of this legislation would be in accord with the program of the
President.
Sincerely,
. ------,
Acting Att01~iey Gene1'al.
RECOMl\:IENDATION
The committee, after consideration of all the facts, is of the opinion
that the bill ( S. 3244) as amended should be enacted.
'·
CHANGES IN EXISTING LAW
In compliance with subsection 4 of rule XXIX of the Standing
Rules of the Senate, changes in existing law made by the bill, as reported:, are shown as follows ( new matter is printed in it·alic, n1atter
proposeel to be omitted is printed in black brackets, existing law in
whfoh no change is proposed is printed in roman) :
SEO', Ml(f). In the diii01'etion of the Att,miey General, the provisim1s of this section relating to the deportation of aliens within the
United States on the ground that they were excludable at the time of
MY e11try 01' admission as aliens who have sought to procure, or have
j>ro?ured visas cir other documentation, or entry or adwission into the
Un~ted States by fraud or misrepresentation [shall not apply to an
alien]' may be wavved for M alien who was adrn/4tted or was g1'Mted
adj,1stment of stat,is as am, irrvrnigrwnt 01' ,oho 1'eentered follo,uing a
Juell. 171
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�5
temporan; absence afte1' such admission or ad,iust,nent,_who was otherwise admissible at the time of the f,,cuudulent entry or adjust,nent,
and who is the spouse, parent or child of a United States citizen or of
an alien lawfully admitted for permanent residence. An alien granted
a waive,, unde1' this subsection ioith ier)ard to an initial entrlJ or adjustmmit of status as an irnmvigrant shall be 1'ega,'ded as lawfully admitted
f01' perwu11nent ,,esidence as of the date of waive,', For the pwrpose of
this subsection, an alien shall be demned to have been "othe1'Wise adrnis,
sible" whe,'e no othe1· growiids of inadniissibility ewi:Jted_ at the ti,ne
of the fraudulent entry 01' adjustrnimt ewcept:
- ( J) ilneligibility fo1· the speci.al i'lllJlnigrant, vn111nediate ,,elative,
o,• p1'eference im,n,igrant status accorded hirn,
(:B) irnp1'oper oha1-gedbility to a foreign state or dependent area
for the purposes ·of ni,,nei·ioal lwnitation set forth in section 18018,
(3) lack of a certification Wluler section iJliB(a) (14), 01'
(4) lack of a valid passpm•t.
_
0
'
'
. i
,Tudi. 171
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�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Bill to the Subcommitee on Immigration and Naturalization – Report 3244
Creator
An entity primarily responsible for making the resource
Committee on the Judiciary
Subject
The topic of the resource
Immigration, Deportations
Description
An account of the resource
Bill to amend section 241 (f) of the Immigration and Nationality Act to clarify the legislative intent under which a waiver of deportability would be applicable.
Publisher
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Center for Migration Studies (U.S.)
Contributor
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89th, 92nd, 93rd Congress
Date
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1974-12-20
Type
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Government Documents
Text
Format
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PDF
Identifier
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060-cms105-b2f3i7
Language
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English
-
https://dh.scu.edu/exhibits/files/original/91/2891/B0A1ED4B-6F65-4A17-AA5A-9E774EC94582.jpeg
675c111db414c0e3a692c6b1c1d8b228
Dublin Core
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Title
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Women's History 2022
Subject
The topic of the resource
Women's History
Contributor
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Ally Green, Kelsey Parker, Paisley Hou
Creator
An entity primarily responsible for making the resource
Green, Ally
Hou, Paisley
Parker, Kelsey
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Girl scout in uniform
Creator
An entity primarily responsible for making the resource
Lewis W. Hine
Subject
The topic of the resource
Girl Scout
Date
A point or period of time associated with an event in the lifecycle of the resource
1928
Type
The nature or genre of the resource
Image
Format
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Made of negative, gelatin on nitrocellulose sheet film;
7x5 in
Identifier
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Accession Number: 1985:0196:0031
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Repository: George Eastman House
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For uses outside ARTstor's terms and conditions, please contact: Barbara Galasso; Director of Photographic Services; 900 East Avenue; Rochester, New York 14609; Tel: (585) 271-3361 x 341; bgalasso@geh.org
-
https://dh.scu.edu/exhibits/files/original/90/2893/10.2307_community.22087690-1.jpg
a15c6f33182527d5d00628bbfacb6e1c
Dublin Core
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Title
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Sin Fronteras
Creator
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Fernando Martí
Subject
The topic of the resource
cooperative societies
Description
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Illustration of a feathery bird flying over a border wall. "Thousands of Mexicans try to cross every day from the northern border of Mexico, to the United States in search of a better life. At the same time, thousands of Central Americans cross Mexico's southern border with the same objective. In the process, both Mexicans and Central American migrants suffer all kinds of abuses. They are robbed, extorted, beaten and humiliated. In other words, their human rights are continually trampled. BBC toured the Mexican border and invited journalists and academics to show this harsh reality and collected testimonies of the protagonists of this process." --- BBC Mundo Fronteras de Dignidad
Publisher
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Courtesy of the Richard F. Brush Art Gallery.
Date
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2017
Type
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Stickers
Image
Format
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JPG
Identifier
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sag_2017_ca_montreal_bkfair_050_se.tif
Source
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Montreal Anarchist Book Fair, Justseeds Artists’ Cooperative
Language
A language of the resource
Spanish
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
||||osm
Montréal, Québec, Canada
-
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0370505e6631276003277d1170606784
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Women's History 2022
Subject
The topic of the resource
Women's History
Contributor
An entity responsible for making contributions to the resource
Ally Green, Kelsey Parker, Paisley Hou
Creator
An entity primarily responsible for making the resource
Green, Ally
Hou, Paisley
Parker, Kelsey
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Girl Scout with patient
Creator
An entity primarily responsible for making the resource
Lewis W. Hine
Date
A point or period of time associated with an event in the lifecycle of the resource
1928
Type
The nature or genre of the resource
Image
Format
The file format, physical medium, or dimensions of the resource
Made of negative, gelatin on nitrocellulose sheet film;
5x7 in
Identifier
An unambiguous reference to the resource within a given context
Accession Number: 1985:0196:0109
Source
A related resource from which the described resource is derived
Repository: George Eastman House
Rights
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For uses outside ARTstor's terms and conditions, please contact: Barbara Galasso; Director of Photographic Services; 900 East Avenue; Rochester, New York 14609; Tel: (585) 271-3361 x 341; bgalasso@geh.org
-
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Home of a Mexican Bracero Worker
Creator
An entity primarily responsible for making the resource
Nadel, Leonard
Subject
The topic of the resource
Historical Images, Bracero Program
Description
An account of the resource
A depiction of the living conditions that farm-laborers were subjected to during the duration of the Bracero Program. The photo shows one of two rooms that were home to a family of nine.
Publisher
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The Smithsonian
Date
A point or period of time associated with an event in the lifecycle of the resource
~1940
Type
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Photograph
Source
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National Museum of American History — Latino Stories
Format
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Jpeg
Language
A language of the resource
English
-
https://dh.scu.edu/exhibits/files/original/90/2896/10.2307_community.13929773-1.jpg
48c00fa00187f6b57fe4169c6c7eab68
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Refugees of the Mexican Revolution crossing the United States border
Subject
The topic of the resource
Mexico--Revolution, 1910-1920
Emigration and immigration--Mexico
Emigration and immigration--United States
History--United States--20th C. A.D
Mexican Americans
Refugees--Mexico
Revolutions--Mexico
Description
An account of the resource
Migrants on their way to cross the United States/Mexico Border
Date
A point or period of time associated with an event in the lifecycle of the resource
1913
Type
The nature or genre of the resource
Image
Format
The file format, physical medium, or dimensions of the resource
JPG
Source
A related resource from which the described resource is derived
Data from: University of California, San Diego
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
||||osm
Mexico
United States
-
https://dh.scu.edu/exhibits/files/original/91/2897/10.2307_community.15014128-1.jpg
074ed956ff99809ead76f0333abe0912
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Women's History 2022
Subject
The topic of the resource
Women's History
Contributor
An entity responsible for making contributions to the resource
Ally Green, Kelsey Parker, Paisley Hou
Creator
An entity primarily responsible for making the resource
Green, Ally
Hou, Paisley
Parker, Kelsey
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Girl Scout with globe
Creator
An entity primarily responsible for making the resource
Lewis W. Hine
Subject
The topic of the resource
Girl Scout
Date
A point or period of time associated with an event in the lifecycle of the resource
1928 (ca.)
Type
The nature or genre of the resource
Image
Format
The file format, physical medium, or dimensions of the resource
Made of negative, gelatin on nitrocellulose sheet film;
5x7 in
Identifier
An unambiguous reference to the resource within a given context
Accession number: 1985:0196:0104
Source
A related resource from which the described resource is derived
Repository: George Eastman House
Rights
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For uses outside ARTstor's terms and conditions, please contact: Barbara Galasso; Director of Photographic Services; 900 East Avenue; Rochester, New York 14609; Tel: (585) 271-3361 x 341; bgalasso@geh.org
-
https://dh.scu.edu/exhibits/files/original/91/2898/AB9C8BAD-A8CB-E0C2-090C847686699DB8.jpg
0f791c7e81e529ddb1b1889bd3b8a6ef
https://dh.scu.edu/exhibits/files/original/91/2898/orig_photo456455_4500838.jpg
db1732fc64d57e2ef8a8c62c8b08b391
https://dh.scu.edu/exhibits/files/original/91/2898/orig_photo457522_4519288.jpg
b75d81dba12511d900b43c2875f076fd
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Women's History 2022
Subject
The topic of the resource
Women's History
Contributor
An entity responsible for making contributions to the resource
Ally Green, Kelsey Parker, Paisley Hou
Creator
An entity primarily responsible for making the resource
Green, Ally
Hou, Paisley
Parker, Kelsey
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Troy Female Seminary
Description
An account of the resource
Troy Female Seminary, subsequently called Emma Willard School, American educational institution, established in 1821 by Emma Hart Willard in Troy, New York, the first in the country founded to provide young women with an education comparable to that of college-educated young men.
Date
A point or period of time associated with an event in the lifecycle of the resource
1821
Creator
An entity primarily responsible for making the resource
Detroit Publishing Company courtesy of the Library of Congress
Subject
The topic of the resource
Emma Willard School (Troy, N.Y.)
Publisher
An entity responsible for making the resource available
Detroit Publishing Company