(Comment: Information in parentheses was obtained by letter by Senator Reynolds from the Department of Labor. The House Subcommittee on Appropriations in March 1939 requested a complete list of all seventh proviso admissions which will include illiterates as well as moral turpitude criminals.) In a letter (December 22, 1937) to Senator Reynolds, Commissioner Houghteling wrote: "We do not record statistics concerning aliens who have been accorded the privilege of preexamination on the basis of visa petitions and whose records disclose perjury, forgery, or embezzelement" but "I had a check made, and it was found that 12,835 were approved and forwarded to the Department of State between February 1, and December 1, 1937.")

* * *

Assistant Commissioner Shaughnessy told the House Subcommittee on Appropriations January 27, 1938, that of 502 of the 3,982 stayed deportations 257 were granted preexamination to go to Canada (hearings, p. 255), and that aliens illegally or unlawfully in the United States were sent to Canada daily and also that "hundreds" were (p. 254) allowed to go and given letters assuring their readmission to the United States even though they were unable to get from consuls of the Department of State stationed in Canada the immigration visa required for their admission to the United States by section 13 (a) of the Immigration Act of 1924. Every one of the above 34 alien criminals were readmitted to the United States by the Secretary of Labor who ordered their readmission under the so-called seventh-proviso discretion (sec. 3 of the Immigration Act of 1917) "to an unrelinquished 7 consecutive years' United States domicile," although that domicile was an illegal, unlawful domicile.

Commissioner Houghteling in a letter dated March 25 addressed to Senator Reynolds admits that these 34 aliens "furnish numerous typical cases of preexamination and seventh proviso classes" and that "it would be impracticable, because we do not have the clerical force" and that it would take an act of congress to prepare "a similar list of all such aliens guilty of moral turpitude crimes where inadmissibility has been waived by the Secretary of Labor."

Mr. PATTEN. May I call attention on this list to Carmelo Roman, guilty of perjury, who has no near relative in the United States at all and yet is rated a hardship case and entitled to administrative indulgence? What reason on earth is there for taking an alien, who has gained entrance into the United States by fraud and collusion, by perjury, and sending him to Canada to legalize his illegal domicile here, when he has no near relative in the United States, and all his relatives are in some foreign land? Why stay the deportation of such an alien until his illegal domicile has run into the 7 years necessary for seventh-proviso indulgence?

Senator REYNOLDS. And then bringing him back into the United States.

Mr. PATTEN. Absolutely. And when the Department of State refuses to give him an immigration visa until his admissiblity is certified to by the Secretary of Labor and the consuls of the State Department are thus compelled to reverse themselves in their effect to keep out criminals.

And this is only 34 cases, and not all that have been admitted to our country under this Canadian preexamination arrangement for permanent residence and citizenship by the Department of Labor. Mr. HOUGHTELING. If this case is going to be put in the record, I would like to put the whole story into the record.

Senator HERRING. You will bring these to the committee.

Mr. PATTEN. Here on the list is Friedrich S-c-h-l-i-r-f, who has no near relative in the United States. I don't know what the story about Friedrich is, but he, or is it she, committed perjury and was guilty of naturalization frauds and might well be with his relatives abroad. Lipman Kufheiser on the list has only a sister in the United States. A sister here seems to be the only reason for letting this man guilty of perjury and naturalization fraud legally back into the United States.

Kushelewich, another on the list, who has the first name of Shersel, has only an uncle and two cousins in the United States, who would suffer such hardship the law must not be enforced against him. Senator STEWART. That is a hardship?

Mr. PATTEN. An awful cruel heartless family separation case, apparently, as if we do not tear our citizen families apart when we send someone to the penitentiary in order to protect the public and prevent law breaking and crime. Here is another hardship case.

Senator REYNOLDS. You mean, a so-called hardship case.

Mr. PATTEN. Yes. Now here is Joseph H. Kendall, guilty of perjury and forgery, who has only a United States wife here whose whereabouts are unknown. And here is McClelland, a rapist, Collo, a manslaughterist, and Adam Czyk, a bigamist, all sent (I say, instead of allowed to go) to Canada, refused visas by our consuls and admitted by the present Secretary of Labor under the seventh proviso discretion, and by a special arrangement she negotiated with Canada whereby a letter is given to the alien assuring Canadian immigration officials if the alien is admitted to Canada he will be readmitted to the United States with or without the immigration visa required by the act of 1924 which is subsequent to the act of 1917 containing the discretionary authority. And so forth and so on; these are hardship cases, but only 34 of them.

Mr. HOUGHteling. I would like to file a statement on those. Senator HERRING. We will enter it into the record at this place.

The witness has referred to certain of the 34 cases in which the seventh proviso of section 3 of the 1917 Immigration Act has been invoked in favor of aliens whom he describes in some cases inaccurately as "hardship case.' To show the bias of this witness I desire to point out that the first 3 cases mentioned by him, Carmelo Roman, Frederich Schlirf and Lipman Kupheiser, were cases in which Special consideration was granted to the aliens because of their assistance to the Immigration and Naturalization Service in securing the conviction of racketeers in naturalization frauds. All of these aliens were persuaded by racketeers to apply for naturalization on fraudulent statements of eligibility. Because of their share in these transactions they became legally excludable from reentry after deportation; but because of their cooperation with the Service in important measures to break up and punish widespread fraudulent practices, special consideration was afterward given them by allowing them to leave the country without deportation. In view of the fact that all of these aliens had unrelinquished domiciles of over 7 years' standing in the United States the seventh proviso was invoked as a legal means of waiving their excludability because of their participation in naturalization frauds. It is obvious that none of these cases were classified as "hardship cases," because none of the aliens could show close relationship to American citizens.

I feel that a statement of a few of the factors (selected by me) in the remainder of these cases may unintentionally be as completely unfair as is their characterization by the witness on the basis of a few other selected factors chosen by himself. For that reason I believe it is more satisfactory to submit the entire files of these aliens to the committee for their careful consideration, and I am therefore sending them to the clerk of the committee. In doing so, however, I wish to point out that our handling of these cases has very little to do with the merits of the bills now under consideration.

JAMES L. HOUGHTELING, Commissioner of Immigration and Naturalization.

Mr. PATTEN. I have prepared a statistical table, covering the first 13 years of the quota law of 1924, which shows that during those 13 years there were 534,791 visitors "for pleasure." The table is compiled from official statistics of the Department of Labor, and it shows that there were also visitors for business, 224,635, making 759,396 all told.

Visitors are 2 of the 5 classes of section 3 or nonimmi

grant aliens under the act of 1924. Every one of these 5 classes of section 3 or nonimmigrant aliens swears when he enters that he is coming for a temporary purpose, has his return trip ticket, and that just as soon as his temporary mission is fulfilled he will depart from the United States, and that he will do nothing to change his temporary admission status. The indulgent attitude of the present Department of Labor administration in making hardship cases seems to me that indulgence does-encourage aliens to take advantage of their temporary admission status to evade the law and get in permanently. Mr. HOUGHTELING. To do what?

Mr. PATTEN. To change their temporary admission status into a permanent admission status. It is much easier to enter for a temporary purpose, than for permanent residence because, as I understand the applicant does not have to submit to the police inspection record or examination the applicant for permanent admission does.

Mr. HOUGHTELING. Well

Mr. PATTEN. I can't see any other effect such administrative indulgence could have except to encourage others to go and do likewise instead of entering regularly and lawfully.

Mr. HOUGHTELING. Mr. Chairman.

Senator HERRING. Yes, sir.

Mr. HOUGHTELING. No alien admitted as a visitor under any one of these classes can become an immigrant without going out of the country and securing an immigration visa. Some of these visitors may have overstayed and may be here illegally, and the Immigration Service is on the lookout fo those and is constantly checking its record and keeping in touch with students and other visitors legally admitted as such under the law, to be sure that they do not change their status, and that they leave at the end of their visit. In the cases where they don't leave, we go out, to the best of our ability, and find those people and deport them.

Mr. PATTEN. Senator Reynolds gave an example of a lady admitted as a visitor 7 years ago who is still with us and apparently expects to be as long as she lives.

Senator REYNOLDS. I have another one here right now.

Mr. PATTEN. I have read time and again since March 4, 1933, about how the rules and regulations of the Department of Labor have been revised and made more humane in regard to students and visitors as well as all other alien lawbreakers, and law evaders, and that has allowed more to remain evasively.

Senator REYNOLDS. Now, Mr. Chairman, may I put

Senator HERRING (interposing). Let us have the letters, rather than the comments on them. I think it is better to have the facts on those records, rather than the observations.

Senator REYNOLDS. May I introduce this case as taken from the records? This is a party by the name of Rona Khabbez

Mr. HOUGHTELING (interposing). We have the record.

Senator REYNOLDS. No. 755868-756, classification No. 1. She came in on a visitor's permit on January 11, 1932, good for 6 months. Now, a few days ago the Department of Labor recommended that action be withheld, or action be "held in abeyance," according to their employment, for 1 year from February 14, 1939.

This is quite a lengthy case, and that is the reason I did not want to put it all in, but I want to refer to it.

Senator STEWART. We will hear from you again on it?

Senator REYNOLDS. Yes.

Mr.HOUGHTELING. This is the case of a widow aged 69, who entered on January 12, 1932, and was admitted temporarily. She has three sons, a daughter, and two brothers residing in the United States. She is suffering from arteriosclerosis and myocarditis (paralysis and serious heart trouble), and on account of her age and illness it is inadvisable for her to travel any great distance, as it would involve danger to her life and health.

Senator REYNOLDS. Well, has she been unable to travel for the past 9 years?

Senator HOLMAN. Since the expiration of the 6 months?

Senator REYNOLDS. Since the expiration of the 6 months, and she is still living?

Mr. HOUGHTELING. She has had certain legal extensions of her time.

Senator REYNOLDS. She has had for 9 years, hasn't she?

Mr. HOUGHTELING. Extensions of her visa. It is not 9 years since 1932, according to my reckoning.

Senator REYNOLDS. Well, since 1932; how many years, about 7 years?

Mr. HOUGHTELING. About 7 years.

Senator HOLMAN. Fourteen times the term, isnt it?

Mr. HOUGHTELING. The original 6 months' term-if it was a 6 months' term-was subject-what was it, 14 times?

Senator STEWART. Fourteen.

Mr. HOUGHTELING. Was subject to reasonable renewals. People come over here and visit members of their family, and they are often allowed to stay as much as a year or 2 years, but are not allowed to take employment while they are here as visitors.

I could review this whole record, as to how the extentions were given, and the reports we have on the woman's health, and so forth. Senator REYNOLDS. Well, now

Senator HERRING. We can go into that later, in executive session, perhaps after we have finished with the hearings. I think we had better do that.

Mr. HOUGHTELING. I will be glad to provide the whole information. Mr. PATTEN. Mr. Paul Scharrenberg, the legislative representative of the American Federation of Labor I see has just entered the room and as his time in more valuable than mine, I would be delighted to yield to him.

Senator HERRING. We will recess very soon.

STATEMENT OF PAUL SCHARRENBERG, LEGISLATIVE REPRESENTATIVE OF THE AMERICAN FEDERATION OF LABOR, WASHINGTON, D. C.

Mr. SCHARRENBERG. My name is Paul Scharrenberg, legislative representative of the American Federation of Labor.

I have been directed to appear here and in general to state the views of the Federation on the pending immigration bills. The American Federation of Labor is and always has been opposed to compulsory fingerprinting. If anyone really desires to have his fingerprinting recorded that is different. There is no objection to voluntary fingerprinting.

The American Federation of Labor is heartily in favor of closing the gates for a period of years so as to set our house in order. It is very obvious to all of us, and I need not state it, that we have serious problems in our country with unemployment, and surely under such conditions we should not import any more potential unemployed from abroad.

Those are the two principal points I desire to make to you gentlemen in behalf of the Federation.

Senator HERRING. Do you care to say anything definitely about any one of the five bills? Do you favor all of the bills, or any one of them?

Mr. SCHARRENBERG. No; I have endeavored to state the general policy of the Federation on these bills, and I have tried to do that. Senator HERRING. You have done that. Thank you very much. (Witness excused.)

Senator HERRING. I think perhaps we had better recess until 2 o'clock now, because we all must be over there at 12.

Senator REYNOLDS. Yes. Mr. Chairman, I had a talk with Col. John Thomas Taylor, and he is desirous of having also appear a representative of the American Legion from Indianapolis, and also contemplated having some others to represent that fraternity. They have suggested to me that I suggest to this subcommittee that if it should not be inconvenient for you, that after this afternoon's session that you take a recess until next Monday, until they can get all their legislative spokesmen here from the different sections of the country. You realize I knew nothing of this hearing until day before yesterday.

I thought in the meantime Captain Trevor might have an opportunity to present to you the suggested redrafts of the bills you have suggested, and that you gentlemen might like an opportunity to give some thought to the matter.

Senator HERRING. Is Mr. Read Lewis here?

Senator REYNOLDS. He is here.

Senator HERRING. Well, I think we will be able to hear you at 2 o'clock, then. Is there anyone else in the room who wishes to appear?

Mr. TAYLOR. Taylor, from Orange, N. J.

Senator HERRING. Yes, sir; we will get you both at 2 o'clock, and take care of the witnesses who have said they want to appear. Senator REYNOLDS. And take a recess until Monday?

Senator HERRING. Until Monday.

We will recess until 2 o'clock.

(Whereupon, at 11:50 a. m., a recess was taken until 2 p. m.)

AFTER RECESS

(At the expiration of the recess the hearing was resumed.) Senator HERRING. The committee will please come to order.

STATEMENT OF MRS. MARGERY PAGE SCHAUFFLER, REPRESENTING THE AMERICAN FRIENDS SERVICE COMMITTEE

Senator HERRING. Mrs. Schauffler, whom do you represent? Mrs. SCHAUFFLER. I am a member of the American Friends Service Committee.