such action is not contrary to the national welfare, safety, or security, he may record the alien's admission for permanent residence as of the date of the alien's last arrival. The Attorney General must submit a complete report to Congress in the case of each alien whose status is adjusted. Either the Senate or the House of Representatives may pass a resolution disapproving the adjustment of status prior to the close of the following session of Congress, in which case the alien will be required to leave the United States in the manner provided by law. If neither House of Congress passes such a resolution within that time the alien's status will be adjusted as of the date of his last arrival. Section 402(b) of the bill authorizes the issuance of 20,000 special nonquota immigrant visas to refugees during the 2-year period July 1, 1964, to June 30, 1966. These admissions are to be in addition to the admission of refugees on parole under section 212(d) (5) and under the refugee fair share law provisions of Public Law 86-648. Section 402(c) of the bill provides especially for the admission of up to 10,000 "hard-core" refugees (as determined by the U.N. High Commissioner for Refugees). as nonquota immigrants including those who are afflicted with tuberculosis. Such refugees must be otherwise admissible and their admission is to be subject to such terms, conditions, and controls, excluding the giving of a bond, as the Attorney General may prescribe in consultation with the Surgeon General of the U.S. Public Health Service. Section 402(d) provides that, except as provided in subsection (c), an alien must meet all eligiblity requirements of the act in order to be admitted as a refugee under this section of the bill. Section 403-Issuance of visas: This section states that any special nonquota immigrant visas issued under the bill, with the exception of those issued under section 402(c), must follow the requirements of section 221 of the act which sets forth the general procedures to be followed in issuing visas. Section 404-Resettlement of refugees: Section 404(a) authorizes the Secretary of State to make grants to public or private agencies in the United States to assist them in resettling within the United States needy hard-core refugees admitted under section 402(c) of the bill, including the furnishing of care and rehabilitation services. Section 404(b) authorized the appropriation of up to $2,500,000 for this purpose. Section 405-Immigration and Nationality Act definitions: This section applies the definitions contained in section 101 (a) and (b) of the act to the administration of title IV of the bill. TITLE V-CHANGES IN PROVISIONS RELATING TO INELIGIBILITY TO RECEIVE VISAS AND EXCLUSION FROM ADMISSION Section 501-Pardon for crimes: This section of the bill amends paragraphs (9) and (10) of section 212(a) of the act (which declare aliens who have been convicted of or who admit having committed certain crimes ineligible to receive visas and excluded from admission) to provide that an alien shall not be so ineligible or excluded on the basis of a crime for which he has received a pardon. Section 502-Other excludable aliens: Subsections (a), (b), and (c) of this section eliminate existing language in the act which gives controlling effect to the opinion of a consular officer or the Attorney General in determining the exclud ability of certain aliens. Section 502(a) amends section 212(a) (15) of the act (which declares excludable aliens who in the opinion of the consular officer at the time of application for a Visa or the Attorney General at the time of application for admission, are likely to consular officer or the Attorney General. become public charges) by eliminating language referring to the opinion of the Section 502(b) similarly amends section 212(a) (27) of the act relating to the excludability of aliens who might be seeking entrance to the United States to engage in activities which would be prejudicial to the public interest or endanger the welfare, safety, or security of the United States. Section 502(c) similarly amends section 212(a) (29) of the act relating to the excludability of aliens who might engage in espionage, seek to overthrow our Government by unconstitutional means, or participate in the activities of certain subversive organizations. TITLE VI-PROVISIONS RELATING TO ENTRY AND EXCLUSION; DEPORTATION; ADJUSTMENT OF STATUS Section 601-Inspection and deportation: Section 601 (a) repeals section 235(c) of the act, which vests in the Attorney General special authority to exclude aliens for security reasons under paragraphs (27), (28), and (29) of section 212(a), on the basis of confidential information and without inquiry by a special inquiry officer. Section 601(b) contains a conforming amendment to section 235(b) of the act, deleting a reference to section 235(c). Section 601(c) of the bill amends section 241(a) (8) of the act (which provides for the deportation of aliens who, in the opinion of the Attorney General, have become public charges within 5 years after entry), by striking out the words "in the opinion of the Attorney General." Section 601 (d) repeals section 241 (d) of the act, which applies the grounds for deportation contained in section 241 retroactively to aliens who entered the United States prior to the date of enactment of the act to events that occurred prior to such date. Section 602-Grounds for deportation; record of admission: Section 602(a) amends section 244(a) (2) of the act (which authorizes the Attorney General to suspend deportation and grant permanent resident status to aliens who are de portable for certain of the more serious grounds specified in section 241 of the act and who have been in the United States continuously for 10 years and prove good moral character during that time), by changing the test supplied by the Attorney General in determining the effect of deportation on the alien or his family from one of "exceptional and extremely unusual hardship" to one of "extreme hardship." This amendment would apply the same test to the aliens affected as is applied to other aliens deportable on less serious grounds. Section 602(b) repeals section 244(f) of the act which prohibits certain classes of aliens (crewmen, exchange students and professors, and natives of contiguous countries or adjacent islands) from having their deportation suspended and status adjusted under section 244 of the act. Section 602 (c) amends section 249(a) of the act (which authorizes the Attorney General to create a record of admission for permanent residence for certain aliens who entered the United States prior to June 28, 1940) by extending its applica tions to those who entered prior to December 24, 1952 (the effective date of the Immigration and Nationality Act). TITLE VII-LOSS OF NATIONALITY Section 701-Loss of citizenship; special proceedings: Section 701(a) of the bill relating to loss of nationality by a citizen of the United States for voting in a foreign election is amended to add the proviso: "if such voting in a political election or such participation in an election or plebiscite is done with the intent to renounce U.S. nationality or to acquire the nationality of a foreign state." Section 701(b) of the bill repeals sections 350, 352, 353, 354 and 355 of the act, which provide for or relate to the loss of nationality by dual nationals and naturalized U.S. citizens and nationals. Section 701 (c) would make several changes in section 360(a) of the act, which provides for declaratory judgment proceedings for a person claiming U.S. nationality. The existing provision applies only to persons who are within the United States; as amended by the bill it is not so limited. Existing law applies only to persons who are denied a right or privilege as a U.S. national by a department, agency, or official of the Government; under the bill the denial is not limited to such a Federal source. The provision presently provides only for the initistion of a declaratory judgment proceeding; as amended by the bill, judicial review under the Administrative Procedure Act would also be made available. The bill would eliminate provisions in the existing section stating that no action may be instituted if the issue of the person's nationality arose out of or is in issue in an exclusion proceeding. Finally, the existing 5-year period of limitation within which suit must be brought would be eliminated. Section 701(d) amends section 360 (c) of the act by striking out the second sentence (which provides that a final determination by the Attorney General that a person who has applied for a declaration of nationality is not entitled to admission to the United States may be reviewed judicially only in habeas corpus proceedings and not in any other manner). TITLE VIII-MISCELLANEOUS Section 801-Powers of immigration officers: This section amends section 287(a)(1) of the act which empowers authorized officers and employees of the Immigration and Nationality Service, without warrant, to interrogate any alien or person believed to be an alien as to his right to be or remain in the United States. As amended by the bill, the interrogation of a person believed to be an alien would have to be based on probable cause. Section 802(a)-Statute of limitation: This section of the bill would add a new section 293 to the act providing a statute of limitation for deportation proceedings, whereby no alien could be deported by reason of conduct occurring more than 10 years prior to the institution of proceedings. Section 802(b) contains a conforming amendment to the table of contents to reflect the addition of the new section 293 by subsection (a) of this section. NUMBER 6 THE INFORMATION REQUESTED FROM THE DEPARTMENT OF STATE ON ENTRIES FROM THE TRUST TERRITORY OF THE PACIFIC SUBMITTED BY THE DEPARTMENT OF STATE Mr. Chairman and members of the committee, you have requested data on1. Immigrant and nonimmigrant visa issuances to natives and citizens of the Trust Territory of the Pacific; and 2. Issuance of other type of documentation authorizing entries from the Trust Territory to Guam, Hawaii, and to the continental United States, the data to cover individual fiscal years in the decade 1953-63. For the information of the committee, I would like to place in the record & map marked "Exhibit A" showing the various administrative districts of the Trust Territories of the Pacific Islands. Each district has an administrator exercising authority under the High Commissioner. These district administrators are empowered to issue immigrant and nonimmigrant visas and perform other consular duties. During the past 10 years (fiscal years 1954-63) 920 immigrant and 10,060 nonimmigrant visas were issued on a worldwide basis to natives and citizens of the trust territories. Most of these visas were issued in the trust territories by the district administrators. They issued 854 immigrant and 10,234 nonimmigrant visas to all applicants during that same period. I should like to submit for the record compilations, marked "Exhibits B, C, D, and E" showing in detail the number of each type visa issued during each of the 10 years. On August 2, 1962, a regulation was published in the Federal Register authorizing a waiver of the passport and visa requirements under section 212(d) (4) (A) of the Immigration and Nationality Act for natives and residents of the trust territory of the Pacific Islands who proceed in direct and continuous transit from the trust territory to the United States. Under this system the Immigration and Naturalization Service passes on the eligibility for admission to the United States of the beneficiaries of the passport and visa waiver at the port of entry. Prior to the publication of this nonimmigrant visa waiver, the United States was the only trusteeship power which did not accord citizens of its trust territories special status or consideration with regard to entry. The requirement of passports and visas for entry brought our Government under recurrent criticism from the Trusteeship Council of the United Nations and was of concern to the Department of the Interior and the U.S. delegation to the United Nations as well as to the Department of State. Part of this concern arose from the fact that the trust territory was divided into 7 administrative districts (now 6), each with 20 to 50 widely scattered populated islands. Travel from the islands to Guam or even to Hawaii was usually more direct and shorter than to the islands on which the administrative headquarters of the district was located at which the visa and passport could be obtained. Since the passport and visa waiver has been in operation there has been a d crease of almost 50 percent in the issuance of nonimmigrant visas within the trust territories. According to statistics published by the Immigration and Naturalization Service there was about a 90-percent increase in admissions of temporary visitors during fiscal year 1963, the first year of operation of the waiver program, over the preceding year. I should like to submit for the record compliations marked "Exhibits F and G" from Immigration and Naturalization Service published sources, of admissions ef immigrants and nonimmigrants from the trust territories during fiscal year 1954 through fiscal year 1963. They show a total of 948 immigrant and 9,022 (B–1 and B-2 only) nonimmigrant admissions. The variations between the visa-issued figures and the actual admissions reported by INS are considered to be normal. The INS immigrant figures include adjustments of status under section 245 of the Immigration and Nationality Act The INS nonimmigrant figures include only B-1 and B-2 type nonimmigrant admissions and do not include other nonimmigrant categories such as students and trainees. Based on information received from the district administrators, more than 90 percent of the travel from the trust territories is to Guam. Most of the remaining 10 percent go to Hawaii and a very small percentage go to the continental United States. For the information of the committee, the total population of the trust territory is 84,777. The various districts have populations as follows: Immigrant visas issued to citizens and nationals of Trust Territories of Pacific (by Nonimmigrant visa issuances to natives of Pacific Island Trust Territories (by nationality) fiscal years 1954-63 Immigrant visa issuance at offices in trust territories (by post of issuance) Fiscal year Koror, Majuro, Ponape, Rota, 1 Total Closed October 1963, Saipan assumed jurisdiction. |