Senator REYNOLDS. Do you think the passage of this mandatory bill requiring fingerprinting will provide us with information as to the definite number of aliens in the country, both legal and illegal?

Mr. TREVOR. I think it will accomplish a great deal toward that end. It will afford the greatest possible protection to the honest lawabiding alien in the United States. It will protect him from blackmail by racketeers. If any alien racketeer seeks to blackmail a man whose fingerprints are registered, he can laugh and say, "My friend, my fingerprints are in Washington and you cannot prove that I am illegally in the United States." It would be a perfect godsend to the alien who is lawfully in the United States and who has no record to show it. It would protect him from blackmail and intimidation and abuse of all kinds. There is no stigma attached to it. The people who will really benefit from it are people who want protection, and it will help to keep undesirable aliens out of the United States.

Senator REYNOLDS. Mr. Chairman, I would like to state that in my Commonwealth of North Carolina, in the city of Charlotte, the junior chamber of commerce recently brought about the voluntary registration and fingerprinting of every boy and girl in high school in that city of approximately 75,000 to 90,000 people. May I state further that my information is gathered by word of mouth and through the press that several hundred thousand have voluntarily submitted to registration and fingerprinting in the metropolis of New York City. And I have likewise gathered by word of mouth and through the columns of the press that in Berkeley, Calif., a large proportion of the citizens of that city last year, and the year before, voluntarily submitted to registration and fingerprinting.

Mr. TREVOR. Is there anything further you want on this bill?
Senator REYNOLDS. Nothing further in regard to this bill.

Mr. TREVOR. In regard to S. 1365, this bill provides for the prompt deportation of habitual alien criminals and other undesirable aliens now in the United States, and to prevent unnecessary hardship by separation of families.

Senator, we regard this bill as of absolutely prime importance in connection with the whole alien problem. It is certainly a vast improvement over any bill which has so far been introduced in either House of Congress, and a vast improvement over the bill which the Senator introduced in the last session of Congress. Subsection 1, as you will note, provides that an alien be promptly deported if he

At any time after entry is or has been convicted of an offense which may be punishable by imprisonment for a term of 1 year or more, or of a crime involving moral turpitude, even though a sentence of imprisonment may not have been imposed, the said deportation to be made by the Secretary of Labor forthwith at the time he is released from confinement, or placed upon probation, or is pardoned.

If the Congress will enact that provision into law, we will really have a splendid clearing out of all the habitual criminals that are a curse to every community in which they live. There was one very interesting circumstance in connection with that section which relates to the development of the bills which have been sponsored by the Department of Labor. The original bills which were sponsored by the Department of Labor back in 1934 were first the Crowe bill, which Mr. Crowe repudiated when he understood what it meant. This bill was succeeded by the Dickstein bills. None of those bills had any

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limitation as to the time during which deportation must be accomplished. It was not until it became perfectly apparent that the House would not grant the broad discretionary powers that the Secretary desired in order to exempt certain classes of aliens from deportation, when it was alleged to be in the public interest, that time limitations were included in recent bills. In the propaganda which was distributed by the Department of Labor in violation, in my opinion, of title 18, section 201, the late Commissioner Daniel W. MacCormack and others never to my knowledge made any reference to the fact that there was a reintroduction of the time limitations. I have here a document, House Document 392, Seventy-fourth Congress, second session, which includes a letter from the Secretary of Labor dated January 15, 1936, which in turn carried with it a letter from the late Commissioner of Immigration also dated January 15, 1936. I want to call your attention to page 4 of this document, in relation to habitual criminals and Colonel MacCormack's objections to the limitations of time. because I endorse every word that the Commissioner had to say in respect to that matter in this report, although I differ with him, as you are probably aware, very strongly in the various public statements he made in support of the legislation sponsored by the Department of Labor. This is what he says:

Habitual criminals.-Criminal aliens who have had as many as 30 separate convictions, others who have spent half their time in this country in prison, aliens guilty of the most serious crimes, including homicide, rape, kidnaping, grand larceny, counterfeiting, debauching the morals of minors, cannot in many cases be deported under the present law.

This is due to the fact that the present law requires conviction of a crime involving moral turpitude, punished by imprisonment of 1 year or more within 5 years of the alien's entry into the country, or two such convictions and sentences since May 1, 1917.

These limitations as to the time of commission of the crime and the length of sentence have permitted many of the most dangerous alien criminals to escape. It is also possible for them to escape deportation by pleading guilty to a lesser offense which will not call for imprisonment of a year. Or their cases are nolprossed. Or they are released on bail which they can then jump. Or they are given a suspended sentence, or a sentence just under the year required for deportation. If all else fails, they can request the judge or magistrate to recommend against deportation, and if any judge or even any police court magistrate so recommends, deportation cannot be effected.

I recognize, of course, that the Kerr bill is not before this committee, but may I say the Commissioner went on to state, that the Kerr bill covers this defect, but it does not, and I can demonstrate it if the committee cares to discuss it. I want to say, in connection with Senator Reynolds' bill, that it is a real deportation bill and will secure the deportation of all habitual criminals.

May I also say for the information of the Senator that some years ago, shortly after the present administration took office and Commissioner McCormack was appointed, I asked the Department of Labor to give me information as to the number of criminal aliens that were subject to deportation under the law and the number in confinement who could be deported? I sought that information as chairman of a committee on immigration of a commercial body of which I am a member. I also wrote the Commissioner of Immigration at the port of New York. I never got any information at all, although I waited for months. So I undertook an investigation of all the houses of correction and insane asylums in the United States and made a survey of the people who were liable to deportation. I do not want

to inject matters that are not relevant to this bill, but if the chairman would be interested in a copy of that survey, which is now in a measure out of date, I would be glad to furnish it. It disclosed, among other things, that there was a large number of people in our jails and charitable institutions supported by the taxpayers, and nobody knew where they came from or what their nationality was. That again brings me back to the necessity for some system of registration.

Senator SCHWELLENBACH. I think, in view of the fact that we are discussing this bill and the important question of deportation, that is entirely pertinent here. The only objection I had before was in relation to the discussion of the details of the Dies bill, which is not before this committee.

Mr. TREVOR. I will be very happy to submit that survey to you for your information.

There is one thing more I want to add in reference to subsection 1. The Commissioner of Immigration made a survey of some 225 cases of aliens that were collected within a period of 2 weeks and sent it to the Senate and House committees. It showed the people who could not be deported under existing statutes on account of the time limitation feature. I believe an analysis of those figures prepared by the Department of Labor, adjusted to the provision of the time limitation embodied in the legislation the Department has been sponsoring, will show that a large number could not be deported. In other words, it would prove my argument by their own figures. So much for sub

section 1.

Subsection 2 provides that an alien who

Belongs to one or more of the classes of aliens excluded by section III of the Immigration Act of February 5, 1917, and the act for the exclusion and expulsion of anarchists and similar classes approved October 16, 1918, as amended by the act approved June 5, 1920

will be covered by the provisions of this bill. I may say in connection with the second act that I think its inclusion is not necessary, because it stands until repealed, and has not been repealed. But the first part is really of vital interest to our country. You know there is a vast amount of literature by scientists, such as Professor East of Harvard and Mr. Wiggam of the Eugenic Research Association, two outstanding students of eugenics, which will support what I am going to say now in regard to the present policy of allowing aliens, and especially the undesirable class, to remain in the country.

Senator SCHWELLENBACH. You might explain what section III of the Immigration Act is, in order to get it in the record. Mr. TREVOR. Yes. I think I should do that.

Section III of the Immigration Act of 1917 provides that certain classes of aliens shall be excluded from admission to the United States. I want to say that in section XIX, which is the deportation section of the existing statute, it is provided that persons who were within those classes are deportable within 5 years after entry. But section III of that act provides that the following classes of aliens shall be excluded from admission into the United States:

All idiots, imbeciles, feeble-minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; paupers; professional beggers; vagrants; persons afflicted with tuberculosis in any form or with a loathsome or dangerous caontagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified

by the examining surgeon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who practice polygamy or believe in or advocate the practice of polygamy

and so on.

Senator SCHWELLENBACH. The purpose of this section in the present bill is to remove the time limitation on those classes described in section III of the Immigration Act?

Mr. TREVOR. Yes. I merely call those classes to your attention. Wiggam and East have used many records of families to support their arguments. They point out that persons who are defective have a strong tendency to marry among themselves. Morons tend naturally to intermarry with similar people. They cite some particular cases. One was the Jukes family. I think the records of that family show that down to 1878 it cost the State about one and a quarter million dollars as a result of confinement in public institutions for one cause or another. As long as we keep aliens of these classes in the country they tend to breed among themselves and produce undesirable people who are inherently defective. They marry some child of yours or mine and start a line of defectives to fill our jails and charitable institutions and insane asylums.

The only argument against including a provision like the Senator has included here is the sentimental one that they have become a part of American families. Senator, the best thing that could possibly be done for the country would be to get those people out of the country. I am speaking without prejudice, basing my opinion on scientific studies made by these men. They are better out of the country. In many cases, as you know, the question of dual nationalities exists. The child of an alien is a citizen of the country from which the father came. Of course, if he were born here he is a citizen of the United States under the Constitution. At the same time, he is just as much a citizen of a foreign land. He does not lose citizenship. He retains all of them. He produces a generation of defectives to fill our public institutions.

Have I said enough on that question?
Senator REYNOLDS. I think so.

Mr. TREVOR. Subsection III provides "has been convicted of violation of a narotic law of any State, Territory, insular possession, or of the District of Columbia.'

I do not think anybody disputes the desirability of that section. If my recollection is correct, it is taken from the Kerr-Coolidge bill. Section IV provides "has been lawfully committed to a public or private institution as a habitual user of narcotic drugs."

There has been objection by sentimentalists against the inclusion of that provision on previous occasions. I want to say that I can remember very well the time I was engaged in the work the Senator was referring to many years ago, when I came in contact with the then commissioner of police and we had many confidential conferences about the situation, and his statements about the danger of the habitual users of narcotic drugs were just as strong as they could be put. The habitual user of narcotic drugs is liable to commit a crime of violence without any reference to the gravity of the provocation. I was told that such a man might be jostled on the street or stopped by a policeman, and he would often pull out a knife or gun and start

shooting. There is ample authority to support this statement from some of the best medical men in the country who are not affected by the sentimental craze for the alien, and who support my contention that these people ought to be removed from the country.

I do not think of anything to add to that.
Senator REYNOLDS. I think that is sufficient.

Mr. TREVOR. Subsection 5 provides:

knowingly and for gain encouraged, induced, assisted, or aided anyone to enter the United States in violation of law, or after passage of this Act knowingly encouraged, induced, assisted, or aided anyone to enter the United States in violation of law.

Now, the first part of that section provides that the Government must prove that the alien who participates in smuggling another alien into the United States did so for gain. It is an amnesty for all relatives who have violated the law up to the date this bill might be enacted, but after that date it serves notice on everybody that any relative who smuggles another alien into the United States is going to be deported. In other words, it puts the aliens in the United States on the same basis of responsibility with citizens, all of them. you will agree there is no provision in the statutes of the United States which prevents a relative from being prosecuted for conspiracy in the commission of a crime against the United States or any State. It is the most illogical thing in the world and the fruit of the wildest kind of sentimentalism to exempt aliens.

I think

More than that, if you do not adopt a definite policy of deporting aliens, it is conceivable under some of the limitations sponsored by the Department of Labor that any one of a series of relatives in one family might be guilty of bringing in some other relatives, and you could not prosecute any one of them, although the entire family might be engaged in the commission of the crime. The whole family might engage in the process and you could not deport any of them. It is absolutely necessary that that provision be eliminated for the future. You can grant amnesty to those in the past, if you want to, but in the future the alien should be on the same ground of responsibility as the citizen. I cannot imagine anybody in Congress or out of it except the antirestrictionists who would advocate that the alien be given a more favorable position than a citizen.

Senator REYNOLDS. In other words a relative under the present law who assists another relative to come into this country unlawfully cannot be prosecuted, unless the Government establishes the fact that he gave that assistance and received some remuneration for it?

Mr. TREVOR. As I understand it. I saw Mr. Shaughnessy in the room. He can give you detailed information in regard to that. I understand the situation to be that an alien, leaving out the classes I enumerated, who is engaged in a conspiracy to bring another alien into the country is not deportable. In order to prevent any hardship on alien families the Department has sought to exempt them, if they only committed one offense. It is not for me to say what the position of the Department is, but that is my understanding of it.

Senator REYNOLDS. An American citizen would be subject to prosecution, regardless of whether or not he received remuneration for his services.

Mr. TREVOR, Yes.

Senator REYNOLDS. In aiding an alien to come into the country illegally.