convention. Our unanimously approved 1963 declaration not only called for passage of the legislation advanced by Senator Philip Hart, of Michigan, and Representative Emanuel Celler, of New York; we also emphasized more strongly than ever before the humiliating discrimination which the law now directs at countries of Asia through our appallingly unjust quota system. This is our conviction and sentiment:

""The present immigration policy of the United States is outmoded, based on the unfounded myth that people from northern Europe are desirable citizens for America and that all other people are undesirable. This discriminatory, unscientific, and un-American concept is embodied in our policy of arbitrary quotas favoring one portion of Europe over the rest of the world.'

"Note how utterly this is a reversal, a complete 180° turn, away from the 'exclusion' position of the labor movement at the turn of the century. Continuing with the present restrictive law, our resolution points out:

""This policy is not only a violation of the traditional American view of judging persons by what they are rather than by their origin; it has also seriously damaged the image of the United States in the eyes of those many nations presently insulted gratuitously by our immigration legislation.

"An intelligent and balanced immigration policy ought to rest on practical consideration of desired skills, on humanitarian considerations of need, and on a consideration of the rapidly changing world situation.'

"The AFL-CIO policy statement then praises the legislative proposals of Sena tor Hart and Representative Celler, emphasizing that: "These bills provide for the ultimate abolition of the national quota system with the substitution of the aforementioned standards based on talent, need, and democratic commitment.' "And here the AFL-CIO finds itself in full accord with the 1960 platform of the Democratic Party which declares: 'We shall adjust our immigration, nationality, and refugee policies to eliminate discrimination ***. The national-origita quota system of limiting immigration contradicts the founding principles of this Nation. It is inconsistent with our belief in the rights of man.

"We of labor are in harmony also with the convictions expressed by Presidents Truman, Kennedy, and Johnson in advocating immigration reform. President Johnson, just 3 months ago, pointed out as did his predecessors, that Britain no exhausts less than half its annual quota of 65,000 admissions, and Germany 'never fills' its quota of 24,000 emigrants to the United States. In contrast, the President noted, Italy has a quota of only 5,645 but a current backlog of nesriv 300,000 applicants. Similarly Greece is assigned a paltry quota of only 308 but has more than 100,000 hopeful men and women awaiting permission to enter the United States. President Johnson concluded: "The present situation has overtones of discrimination. President Truman said that the idea behind this discrimination was, to put it mildly, that English or Irish names were better citizens than Americans with Italian or Greek or Polish names. Such a concept is utterly unworthy of our traditions and our ideals.'

"To this the American labor movement says a fervent 'Amen,' but I believe we would go further. We would say-at least a large majority of us-that one of the most insidious obstacles to unity of the free world and of the so-called uncommitted nations is our perpetuation of this atrociously discriminatory quota system. It suggests to other nations and to other peoples that we find the inferior, or undesirable, perhaps not to be trusted, or even dangerous.

"I make this statement out of considerable first hand experience with the leaders of many different peoples, experience with them both here in the United States during their visits and experience with them in their homelands in Europe and Asia and Africa.

"During the 19 years since the end of World War II the American labor move ment's fraternal associations and organizational ties with other labor movements around the globe have become far more numerous and far closer than ever before. "The AFL-CIO, affiliated with the strongly anti-Communist Internations Confederation of Free Trade Unions, is part of a worldwide trade union fraternity of 60 million men and women on 5 continents. My own union is a member of the International Metalworkers' Federation with more than 8 million members around the world.

"Through these and other groups, including the International Labor Organiza tion, and through union-to-union exchange of leaders, technicians and workers, American labor organizations today maintain closer contacts than ever before history with other democratic labor groups in a hundred countries on both hemispheres.

"It happens that the IUE's closest foreign ties are with counterpart electrical unions almost at opposite sides of the globe: the Electrical Trades Union of England, and the Electrical Workers Union of Japan, known as Denki Roren. "The immigration quota system baffles our brothers of the British ETU; they cannot understand how it survives when U.S. Presidents, large numbers of influential Congressmen, churches, the labor movement and others, all oppose the system.

"In Japan, in Denki Roren and other unions, there is more than bafflement; and we know this, to repeat, from firsthand experience. I encountered it while I was in Japan; three other ÍUE officers encountered it during prolonged visits as guests of Denki Roren in Japan; and an IUE official, currently on a 3-month assignment at Denki Roren headquarters in Tokyo, has confronted it, too. Discreetly and politely, Denki Roren visitors to the United States, year after year make the same delicate but meaningful inquiry.

"The form of the question will vary but essentially it is the same always: How can Americans profess to be close friends of Japan and of the Japanese people and still permit this offensive and insulting Japanese quota to persist? Don't Americans know what potent ammunition it provides to the Japanese Communists and don't we know how successfully the Japanese Communist Party and the Communist Parties of southeast Asia have exploited the discriminatory quota system?'

"So it rankles as well as baffles our Japanese brothers and sisters; without their saying so you know that it hurts their pride and Japanese pride is a lofty and sensitive thing.

"It's not just difficult, it's nearly impossible, for me and for other IUE representatives, to explain convincingly to our Denki Roren brethren why we should limit our democratic partner, Japan, to a quota of 185 immigrants a year while assigning our enemy, Soviet Russia, a total of 2,697 immigrants.

"Why is Japan, our strongest ally in Asia, held to fewer than 200 immigrants a year, while Iron Curtain Rumania is allowed 289; Iron Curtain Czechoslovakia 2,859; Iron Curtain Poland a whopping 6,488, and Communist Yugoslavia 942? "Why should we bar all but 185 of our Japanese friends from entering the United States each year, while welcoming 865 immigrants from Communist Hungary, 235 from Communist Latvia, 384 from Communist Lithuania, and 250 from Fascist Spain?

"Oh, yes, of course we have given answers to our Japanese brothers and sisters, but the answers have never sounded fully convincing; if I were a Japanese I doubt that I would be convinced. Our answers have included the fact that of course the American labor movement is solidly opposed to this absurd, discriminatory Japanese quota. We tell them that the American labor movement helped to elect two recent administrations-those of Presidents Truman and Kennedyand that we now support the administration of President Johnson; and that all three administrations were pledged, in expressions by the Presidents and in the party platforms, to wipe out the evil of national quotas.

"Sometimes, wide eyed, the Japanese check back on what you've said.

"You mean,' the Japanese will ask, 'that you elect President after President who is opposed to unfair immigration quotas and you elect Congress after Congress that is opposed to unfair immigration quotas and yet today you still have unfair immigration quotas?'

"As one of my associates put it: 'When you hear your own words coming back at you like that you begin to feel like a faintly idiotic product of a faintly idiotic political system.'

"So if the Japanese have been baffled by our paradoxical behavior, we as Americans have been baffled even more over how to sound like rational citizens instead of oafs. And the paradox becomes all the greater because we know— and our Japanese brothers and sisters know we know-that very few Japanese would become emigrants to the United States today even if all bars were down. "Japan, as the world is aware, today enjoys a boom economy; unemployment is practically nonexistent. Why then should any substantial number of Japanese want to leave a land of prosperity and full employment for a country 4,500 miles away victimized by mass unemployment and widespread poverty? They would not, of course.

"But after we have said all this, three things stubbornly remain: first, the wounded pride of our Japanese friends who feel, not without cause, that they and their country are the object of our prejudice and discrimination; second, a nagging doubt among these Japanese friends that neither the democratic process in the United States nor democratic unionism are as effective as Americans would

like the world to believe, at least where immigration is concerned; and third, the Communist of Japan and of southeast Asia continue to enjoy the 'propaganda ammunition that we provide in the national quota system while tens of thousands of desperate, hungry and homeless refugees wait and wait-and sometimes listen to the Communists.

"These, then, are the reasons that American labor wholeheartedly supports immigration reform: Reasons of our historic roots and our loyalty to the immigrant men and women of bygone years who gave American trade unions birth and the strength to survive and contribute to our Nation's greatness; reasons of solidarity among the free nations and free labor movements of the world; and reasons, finally, of humanitarianism, compassion, and the encompassing, indestructible brotherhood of man.

NUMBER 5

SECTION-BY-SECTION ANALYSIS OF H.R. 11446, A BILL TO AMEND THE IMMIGRATION AND NATIONALITY ACT, AND FOR OTHER PURPOSES

The first section of the bill provides that the act may be cited by its short title (the "Immigration and Nationality Act Amendments of 1964").

The remainder of the bill is divided into eight titles, as follows:

Title I-General.

Title II-Quota system.

Title III-Changes liberalizing visa requirements for nonimmigrant visitors to the United States.

Title IV-The admission of persecuted peoples.

Title V-Changes in provisions relating to ineligibility to receive visas and exclusion from admission.

Title VI-Provisions relating to entry and exclusion; deportation; adjustment

of status.

Title VII-Loss of nationality.

Title VIII-Miscellaneous.

TITLE I-GENERAL

Section 101-Definitions: Section 101 (a) of the bill amends section 101(a) (27) (A) of the Immigration and Nationality Act (hereinafter, the act), which grants nonquota status to spouses and children of U.S. citizens, to extend nonquota status to parents of U.S. citizens as well.

Section 101(b) of the bill amends section 101(a)(27)(C) of the act to extend nonquota status to all natives of independent Western Hemisphere countries. Section 101 (c) of the bill amends section 101 (a) (33) of the act, by deleting language governing the meaning of the term "residence" as it is used in sections 350 and 352 of the act. This is a conforming amendment to section 701(a) of the bill which repeals section 350 and 352 of the act.

Section 102-Powers and duties of the Secretary of State: This section of the bill amends section 104 (a) (1) of the act, relating to the powers and duties of the Secretary of State in administering the act and all other immigration laws. Under existing law the Secretary's authority extends to the powers, duties, and functions of diplomatic and consular officers of the United States, but not to the granting or refusal of visas. This section of the bill would extend the Secretary's authority to cover the powers, duties, and functions of consular officers relating to the granting or refusal of visas.

TITLE II-QUOTA SYSTEM

Section 201-Determination and allocation of annual quota: Section 201(a) of the bill revises the language of section 201 of the act, making the following changes in the law.

The annual quotas of quota areas would be equal to one-sixth of 1 percent of the entire 1960 population of the United States, rather than one-sixth of 1 percent of the white population of continental United States in 1920 as under existing law. This would change the size of the aggregate annual quotas, which are currently set at 156,987 to approximately 300,000. The minimum quotas would be raised from 100 to 200.

Each quota area would continue to receive the quota numbers it receives under existing law. The additional quota numbers created by the bill, after deducting those necessary to increase the minimum quotas from 100 to 200, would be distributed among the several quota areas in proportion to the actual immigration of immigrants chargeable to each quota area between July 1, 1920, and July 1,

1960.

The Secretary of Labor would be added to the list of officials (Secretary of State, Secretary of Commerce, and Attorney General) who are responsible for determining annual quotas for quota areas. The new quotas would be determined as soon

as practicable after enactment of the bill and would take effect on the first day of the fiscal year, or next half fiscal year, following the expiration of 6 months after the date they are proclaimed by the President.

Section 201(e) of the act would be amended to reflect the effect of section 10 of the act of September 11, 1957, which terminated the reductions in annual quotas under the Displaced Persons Act of 1948.

The bill would add a new subsection (f) to section 201 of the act providing for the pooling and redistribution among oversubscribed quota areas of quota numbers unused at the end of a fiscal year. The pool would be on a worldwide basis, no distinction being made on an area or country basis, and would be allocated on a first-apply, first-considered basis. In other words, immigrants with the earliest registration date on quota waiting lists would be the first to receive immigrant visas from the worldwide quota pool. The preferences would apply to those issued from the pool. Quota numbers from the pool which are not used within a year after they are proclaimed would lapse.

Section 201(b) of the bill amends the heading for section 201 in the table of contents of the act.

Section 202-Determination of quota to which an immigrant is chargeable. This section of the bill abolishes the Asia-Pacific triangle provisions of the act and eliminates the maximum limitation of 100 which applies to subquota areas. Sections 202(a) (5) and 202(b) of the act contain provisions regarding the quota chargeability of aliens who are attributable by one-half ancestry to peoples indigenous to the Asia-Pacific triangle. These provisions would be abolished by section 202 (a) and (b) of the bill. In addition section 202(a) of the bill amends the language contained in 202(c) of the act, relating to the quota chargeability of aliens born in a colony or dependent area, and places it in 202(a) (5). As amended, the existing provision limiting the number of persons chargeable from colony or dependent area to 100 a year would be eliminated, thus making the entire quota of a governing country available to persons chargeable to its subquota areas.

Section 202(c) of the bill contains conforming amendments.

Section 203 eliminates parents of citizens of the United States from the second preference category. This change conforms the act to the amendment made by section 101 of the bill making parents of such citizens nonquota immigrants.

TITLE III-CHANGES LIBERALIZING VISA REQUIREMENTS FOR NONIMMIGRANT VISITORS TO THE UNITED STATES

Section 301-Nonimmigrant visas: Section 301 (a) of the bill amends section 212(d) (4) of the act to authorize the Attorney General and Secretary of State, acting jointly and on the basis of reciprocity, to allow nonimmigrants to visit the United States temporarily for business or pleasure without the necessity of having in their possession a nonimmigrant visa or border crossing identification card. Section 301 (b) would authorize medical officers of the Public Health Service and immigration officers to serve at consular posts overseas in order to examine and inspect aliens seeking to visit the United States temporarily for business or pleasure for whom the requirement of a visa or border crossing identification card had been waived.

Section 301(c) repeals a provision in section 214(b) of the act creating a presumption that every alien applying for a visa or for admission is an immigrant until he proves that he is entitled to nonimmigrant status.

TITLE IV—THE ADMISSION OF PERSECUTED PEOPLES

Section 401-Refugee relief: Section 401(a) of the bill amends section 212(d)(5) of the act (which grants the Attorney General authority to parole aliens into the United States) by adding a new subparagraph (B) which defines the term "refugee” as used therein, and authorizes the President, whenever he finds that a situation has arisen creating a class of refugees, to direct the Attorney General by procla mation to parole into the United States such refugees selected by the Secretary of State. The Attorney General is further authorized in the absence of a Presidential proclamation to parole up to 10,000 such refugees into the United States in a fiscal year upon selection by the Secretary of State.

Section 402-Adjustment of status of certain aliens: Section 402(a) of the bill adds a new paragraph (9)(A) to section 212(d) of the act, authorizing the Attorney General, upon application of an alien paroled into the United States under section 212(d) (5). to adjust his status to that of an alien lawfully admitted for permanent residence. If the Attorney General is satisfied that the alien has remained in the United States for at least 2 years, is a person of good moral character, and that