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TO AMEND THE IMMIGRATION AND NATIONALITY

ACT

THURSDAY, JUNE 25, 1964

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 1

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to notice, in room 346, Cannon Building, Hon. Michael A. Feighan (chairman of the subcommittee) presiding.

Present: Representatives Feighan, Chelf, and Poff.

Also present: Walter M. Besterman, legislative assistant; and Garner J. Cline, associate counsel.

Mr. FEIGHAN. The subcommittee will come to order.

The first witness this morning will be our very able colleague, the Honorable George P. Miller, representing the Eighth District of California.

It is my understanding, Mr. Miller, that you have introduced H.R. 8134, which is identical to H.R. 7700, and also that you have introduced the two other bills, H.R. 2896 and H.R. 10271. (The two latter bills read as follows:)

[H.R. 2896, 88th Cong., 1st sess.]

A BILL To amend section 212A (4) of the Immigration and Nationality Act, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 212A(4) of the Immigration and Nationality Act is hereby amended to read as follows:

"(4) Aliens afflicted with psychopathic personality or mental defect."

[H.R. 10271, 88th Cong., 2d sess.]

A BILL For the relief of certain distressed aliens

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of any other law, there are hereby authorized to be issued fifteen hundred special nonquota immigrant visas to aliens, specified in section 2 of this Act. The spouse of any such alien and his unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters, and sons or daughters adopted prior to February 15, 1964, if accompanying them, may be issued special nonquota immigrant visas notwithstanding the numerical limitations herein provided.

SEC. 2. Visas authorized to be issued under section 1 of this Act shall be issued only to nationals or citizens of Portugal who, because of natural calamity in the Azores Islands subsequent to February 15, 1964, are out of their usual place of abode in such islands and unable to return thereto, and who are in urgent need of assistance for the essentials of life.

SEC. 3. Visas authorized to be issued under this Act may be issued by consular officers as defined in the Immigration and Nationality Act in accordance with the provisions of section 221 of that Act: Provided, That each such alien is found to

be eligible to be issued an immigrant visa and to be admitted to the United States under the provisions of the Immigration and Nationality Act: Provided further, That a quota number is not available to such alien at the time of his application for a visa.

SEC. 4. Aliens receiving visas under section 1 of this Act shall be exempt from paying the fees prescribed in paragraphs (1) and (2) of section 281 of the Immigra tion and Nationality Act.

SEC. 5. Except as otherwise specifically provided in this Act, the definitions contained in section 101 (a) and (b) of the Immigration and Nationality Act shall apply in the administration of this Act.

SEC. 6. No special nonquota immigrant visa shall be issued under this Act after June 30, 1965.

STATEMENT OF HON. GEORGE P. MILLER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. MILLER. I have two other bills, Mr. Chairman, yes.

Mr. CHELF. Which bills are they?

Mr. MILLER. H.R. 2896 and H.R. 10271, but both of these are now incorporated in the general bill H.R. 7700.

My interest in these two subjects is the reason that I am here.

If the committee sees fit to recommend the omnibus bill, I am perfectly willing to withdraw these two bills. If not, I would like to see them given consideration.

The first one, H.R. 2896, would amend section 212(a) of the Immigration and Nationality Act to remove from the prohibition of admission to this country of people suffering with epilepsy or psychopathic personality or mental defects.

Now, epilepsy was once considered a very dread disease like tuberculosis or dozens of other things for which we have found cures. There are many people suffering. It is not a disease acquired and incurred through the delinquency of a person or by reason of his personal life, but it is something that could hit anybody. It does hit many people.

While once it was considered incurable, medical science has reached the point where now it is under control and many people who years ago would not be allowed to drive automobiles or lead normal lives are now leading normal lives.

This was brought to my attention by the case of the young man who came to this country with his family and they had to take him back. This thing does not affect the mentality. He was a very fine

young man.

I think that the blanket bar should be removed so that there can be some discretion in the immigration authority in a case of this kind, and this is included in the omnibus bill.

The second bill is one that I introduced after the recent disaster in the Azores Islands that would allow some of these people to come to this country, their homeland being destroyed by a severe natural disaster.

The Portuguese people have made a great contribution to our economy in Massachusetts and in California. They are very fine citizens. We could use them; they would not be a burden on the country. This would ask that 1,500 special nonquota immigration visas be granted to those people to help relieve their distress. After all, these people have been extremely helpful to this country.

If it were not for the large airbase in the Azores Islands during the war, we would not have been able to cross the ocean and transport

planes. Yet these people, who were not engaged in the war at that time, allowed us to use this base, jeopardizing their own position with the Central Powers. We still use this large base that is indispensable in our military operations.

I know that you have been there, Mr. Chairman. I think that maybe Mr. Chelf has been there.

So, this was the reason for introducing this bill.

The omnibus bill does contain language that in these cases would allow some leeway to take care of those people affected by natural calamity or military operations. So, if the major bill is adopted with these provisions in it, I would respectfully withdraw the two bills that I have offered.

I wanted to come before you and express my interest in them and this is my sole interest in the big bill or the omnibus bill. One of the reasons that I introduced it was to show this interest.

Mr. CHELF. Mr. Chairman, I have remained here to hear our esteemed colleague because I was very much interested in what he had to say as I always am.

If the chairman would please excuse me, we are having hearings at this moment before the Interstate and Foreign Commerce Committee in the House of Representatives and I am scheduled to testify. If you will be so kind as to excuse me, this means so very much to my people back home.

Thank you very much.

Let the record show that I reluctantly leave the meeting.

Mr. POFF. Is it my understanding that you abdicate the adoption of all three bills?

Mr. MILLER. No. What is the number of my omnibus bill?
Mr. POFF. H.R. 8134.

Mr. MILLER. H.R. 8134 is my bill, identical with H.R. 7700.

If the omnibus bill is adopted, then the two bills that I have introduced are covered in the omnibus bill and they would not have to be adopted and I withdraw them or ask that they be withdrawn.

I wanted to address myself to these two specific issues that are in the omnibus bill and they are fully covered in this omnibus bill. Mr. FEIGHAN. Mr. Miller, under your so-called omnibus bill, what would you estimate would be the number of aliens that we can take and assimilate each year?

Mr. MILLER. I don't know that I have ever given this very much study but, as I sit here in the room and I look at you, Mr. Chairman, I realize that the Fogartys came from Ireland and my ancestors came from Ireland, or part of them from Ireland and the other part came from Italy. I am two generations removed from Europe.

I

We have seen this country develop and build up by the immigrants that came here and they have given strength to this country. don't know how long the Feighans have been in this country but I would assume not much longer than my ancestors. They came here after the famine in Ireland, and I presume that most likely your people came here after the famine in Ireland.

I have no knowledge of these things but this has been the strength of this country, this continuous infiltration of blood. I assume that we could assimilate in this country the full quotas that are now granted under the law.

Mr. FEIGHAN. How many do you estimate that to be?

36-382-64-pt. 1—13

Mr. MILLER. I think this is less than 300,000 a year.

In time of war, we have taken them in and in time of emergency. Maybe we need them. They were brought in first for economic reasons and they proved themselves.

I just told you of the people from the Azores that came to this country. They were brought to this country, brought to California to work our farms. They own the farms now. They have proven to be excellent citizens. They are in every facet of our life. They are part of our State, our country, as people who come here from every country in Europe or every country in the world.

The most decorated unit in the American Army is the 442d Combat Unit in which the 110th Battalion is a part, and it was composed entirely of Nisei-Japanese.

Now, in our part of the country, the Japanese that came over here just as the Irish or the Italians or the Slovaks or the Poles and worked at first in lowly occupations have fit themselves into the community until perhaps the biggest user of air freight in the San Francisco Bay area are the Shaboto Bros., who are Japanese. They are in the flower business. They have given us a new thing.

Quite frequently in the wintertime, when you buy flowers, even in Cleveland when you buy roses, they most likely are grown in California. These people have learned how to go to Florida, start bulbs for Eastertime, transport them by air to California, develop them, and get them on the market earlier than any other way. They have shown ingenuity in these things. It has made our country great. I cite that as a little instance.

Mr. FEIGHAN. But, Mr. Miller, what I endeavor is to elicit from you and from other witnesses just what provisions are in your proposal and what impact they have on the United States both domestically and internationally.

I would just like to ask a few questions and I hope you can provide

answers.

Mr. MILLER. I will try to answer them. I am not an authority. Mr. FEIGHAN. Well, to go back to the first question. How many aliens do you think the United States can assimilate each year? Mr. MILLER. I would think around a quarter of a million. Mr. FEIGHAN. A quarter of a million?

Mr. MILLER. Two hundred and fifty thousand.

Mr. FEIGHAN. What is your estimate for the total number of aliens who would be admitted either under the quota or nonquota, under your proposal?

Mr. MILLER. Well, you are talking about the proposals in the bill, itself, not the two phases of it that I addressed myself to.

Mr. FEIGHAN. I am talking about H.R. 8134.

Mr. MILLER. Yes. Well, as I say, I introduced this bill because it was the blanket bill containing these other two. I am not so concerned with that part of it. I would rather forego that bill and ask that these two bills be adopted. I merely put in H.R. 8134 because it contained these two bills. That is my principal interest.

I will let the other people, who are more knowledgeable in this than I, plead for the quota system and this sort of thing. I am still conscious of the fact that I think that we could assimilate a number of people and that perhaps the division is wrong.

I once had the privilege of sitting on this committee before when it was the Committee on Immigration and Naturalization, and you remember in the 80th Congress this was turned over to the Committee on Judiciary. I never found great fault with it. We have seen people come here; we have seen the contributions they have made. I just told you of the Japanese.

I had the privilege of going out to the Air Force Academy about 10 days ago to attend the graduation. The people who had the first 25 boys, the so-called honor group of the class, the Congressmen who had appointed them were invited out to see them graduate. One of my appointees was No. 2. I was chastised very severely by General Briggs, the former commandant, when I referred to him as a Japanese. He said, "He is an American citizen."

I said, "I stand corrected; he is an American citizen."

His father was a captain in the Dental Corps during World War II, and this boy graduated No. 2 in the class. The difference between No. 2 and No. 1, you had to go down 3 percentage points to get. He is smart. The Air Force is sending him to MIT to get his master's because he is a whiz in nuclear physics. This is a contribution he makes to the country and returns to the country. This has gone right down the line.

You remember, and I remember, the great prejudice, particularly after the war, against the Japanese. Yet, they did a great job. I could take up a lot of time telling you stories about them, but it would be irrelevant to the matter at hand.

I feel that we can accept more people here or we can perhaps better arrange the quotas to take in people from places and areas that are now given an insufficient quota.

I was here the other day when you were talking about the trust territory. I had the privilege of being one of the first to go out into the trust territory in 1949. Let me tell you the value of those. We discounted the value of those islands after World War I and we paid for it in blood and cash during World War II. Yet, we can't leave this limited number of people, less than 60,000 people in all of these islands, living in a subsistent state without bringing to them some form of civilization.

May I say that today we can't use their products. The Japanese needed their products. The Japanese needed the sugar that you could grow on Saipan and Tinian, the pineapple and canned goods you could take out of the Pilas, the fish that you could get out of these islands. We don't need them now, the fatty oil that they can produce. But the time is not far distant when we are going to be scratching for these things and maybe we will wish that we had done something to encourage these people, bring these people here, educate them, get education back to them.

A great deal has been done in the trust territory, but we limit this whole specific area to what quota, 100 people, and, yet, there are potentially good citizens.

We have seen what could take place in Hawaii, and there is no question in my mind but these other islands have a potential as great as the Hawaiian group. As a matter of fact, one of the prettiest beaches in the world is on Saipan.

Mr. FEIGHAN. Thank you, Mr. Miller.
Mr. Poff?

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