member of, and the president of, the Mexican group of the Young Communist League; and that he had "an idea" that the Young Communist League was affiliated with the Communist Party. He also declared at that time that he had been to Mexico "sometime in January 1945" and that he was married in Mexico on January 26, 1945. Another exhibit of record verifies the arrival of respondent at the port of Laredo, Tex., on March 29, 1928, at which time he was lawfully admitted for permanent residence.

We have examined the transcript of the interrogation of respondent, and we note that at the outset of the questioning, the Service officer properly identified himself, advised respondent that any statement made by him should be voluntary, and that any such statement may be used against respondent in any future proceedings. Respondent stated his willingness to answer questions under those conditions, and was then placed under oath. The statement was recorded in question and answer form, and respondent affixed his signature to the transcription of the interrogation. We find no evidence of coercion; respondent was at liberty to refuse to answer any question. Nor do we see any evidence indicating that respondent was forced to testify against himself. The interrogating officer testified in these proceedings, identifying respondent and the transcribed statement. It seems clear to us that this exhibit is legally admissible in evidence.

SC

testified on behalf of the Government, stating that she was a member of the Young Communist League from 1929 to November or December 1937, and that she was a member of the Communist Party of the United States from 1929 to 1942. This witness listed various official positions of responsibility held by her in both of these organizations. She further testified that for a period of 6 weeks she attended a training school for the Young Communist League. The witness related that she was an organizer and that she taught the organizational structure, program, and aims of the Young Communist League. On the basis of her membership, activities, and official positions in the Young Communist League and the Communist Party of the United States, Mrs. C testified that during the entire period of her membership in the Communist Party, the Young Communist League was bound by the decisions of the Communist Party of the United States.

We find that this Government witness possesses such a knowledge of the structure, program, and aims of the Young Communist League and of the Communist Party of the United States as to qualify as an expert witness on such matters. In her opinion, the Young Communist League received its political leadership from the Communist Party, and was bound by the decisions of the latter organization. This is fully set forth in a pamphlet identified by this witness as an

official publication of the Young Communist League. It is entitled "Young Communists in Action," compiled by Lewis Miller, and was issued by the educational department of the Young Communist League. It is described as a "Handbook for Young Communists". On page 8 of this booklet it is stated:

A. WHAT IS THE RELATIONSHIP OF THE YCL TO THE COMMUNIST PARTY?

The Young Communist League is part of the Communist movement as a whole. The Y. C. L. acknowledges the political leadership of the Communist Party. We are opposed to the idea that an independent and isolated struggle of the working youth is possible. It is easy to understand why the league must get its political leadership from the party--simple because the Communist movement must be unified, with definite aims and a single program of action.

Another publication which was identified by this witness as an official document of the Young Communist League is entitled "Programme of the Young Communist International." It was published by the Young Communist League of America, 43 East 125th Street, New York City. Page 13 of this booklet reads:

The task of the Young Communist League is to draw the young workers into the struggle for the world revolution, and, under their leadership, to attract all other sections of the young toilers, training them, in the course of the struggle, in the Communist spirit. The Communist Parties guide the work of the Y. C. L., and the Comintern leads the Y. C. I., which is an international Young Communist League.

Page 35 of this publication declares:

The Y. C. L. opposes the idea of "youth syndicalism," which considers that an independent and isolated struggle of the working youth is possible. The Y. C. L. is a part of the Communist movement as a whole. The C. P. is the leader of the Communist movement and the entire working class; there cannot be no dual leadership, or the existence of two Communist Parties. The Y. C. L., while organizationally independent, works under the direction of the Communist Party and the C. I., and C. P. The Y. C. L. submits to instructions of the C. P. and of the C. I. as the supreme body in the world Communist movement. The nature of the Y. C. L. as a mass school of Communism for the working youth implies that not every member of the Y. C. L. is automatically a member of the C. P. The Y. C. L., however, bears the name Communist because, although it is not formally a party organization, it is nevertheless a Communist organization. Another exhibit of record is entitled "The Communist Party. A Manual on Organization," by J. Peters, published by Workers Library Publishers, P. O. Box 148, Station D, New York City, in July 1935. Page 98 states:

WHAT IS THE RELATION BETWEEN THE C. P. AND Y. C. L.?

The Young Communist League is a mass organization of youth. The Communist Party is responsible for building this very important mass organization. The relation between the Party and the Y. C. L. is guided by these principles: The party units bear political responsibility for building the Y. C. L. In order

to carry out this responsibility, the following organizational rules are observed by the party:

1. Each party unit assigns one comrade for work in the corresponding Y. C. L. Unit. This assigned member is not a formal representative of the party to the Y. C. L., but a mature comrade who participates in all activities of the Y. C. L., helps it to formulate policies and to carry out decisions.

In a party unit territory where there is no Y. C. L. unit, one or two comrades should be assigned to the special task of building the Y. C. L. organization.

2. In order to coordinate the work between the party and the Y. C. L., the party should select one Y. C. L. member, preferably one who is a member also of the party, to attend regularly the meetings of the unit bureau. It is understood that all Y. C. L. members who are members of the party attend party unit membership meetings.

3. The same rules are observed on a section scale. The section committee has one of its members assigned to the Y. C. L. section. One member of the Y. C. L. section committee attends regularly the meetings of the section party committee.

Respondent declined to testify in these proceedings. One F C― testified on behalf of respondent, stating that he was a member of the Young Communist League from 1930 or 1931 to the latter part of 1938; and that he was a member of the Communist Party of the United States from 1932 to 1940 and from 1945 to date. He further stated that he held several positions of responsibility in both organizations, and that on the basis of his membership and offices in the Young Communist League, he was familiar with the program and policies of that organization. This witness denied that a qualification of membership in the Young Communist League was the acceptance by the member of the political leadership of the Communist Party. Witness Cadmitted that the Young Communist League was affiliated with the Young Communist International, but claimed that the Young Communist League was not bound by the decisions of the Young Communist International.

Although asserting that there was no organizational relationship between the Young Communist League and the Communist Party, witness C testified that there was consultation on particular questions that were of interest to both organizations.

At one point in the proceedings this witness was asked to explain what he meant by "young communist," a phrase he had used several times in his testimony. He replied:

I mean by "young communist" I'm speaking of the members of the Young Communist League.

The witness stated that he agreed with this quotation from the pamphlet Young Communists in Action:

The Y. C. L. acknowledges political leadership of the Communist Party. Witness C insisted that the activities of the Young Communist League and the Communist Party were not coordinated by a process

of exchange of representatives. However, he testified that "The Communist Party had young communists in the Young Communist League."

It was brought out in his testimony that C was himself under deportation proceedings based upon a charge of membership in the Communist Party of the United States. It seems to us that under the circumstances the testimony of this witness must be considered in the light of the fact that he has some interest in the subject-matter in issue. Such interest makes his credibility a matter to be weighed.

We have carefully examined the entire record. We perceive no reason to doubt the veracity of witness SC, who testified in behalf of the Government. It is our finding that she qualifies as an expert on the organizational structure, aims, and activities of the Young Communist League and of the Communist Party. On the basis of her testimony and documents which she has identified as official publications of these organizations, we find that the Young Communist League was, during the period of respondent's membership therein, an organization dominated and controlled by, and therefore an affiliate of, the Communist Party of the United States. Respondent has admitted that he is an alien, and that he was a member of the Young Communist League for a period of about 6 months during the year 1938. The record also contains his statement that he was married in Mexico on January 26, 1945. Records of this Service show that he was lawfully admitted to this country for permanent residence on March 29, 1928. On the basis of all of the foregoing evidence, we find that respondent is an alien, who was, after entry into this country, and prior to an entry into this country, a voluntary member of the Young Communist League, an organization affiliated with the Communist Party of the United States. He therefore falls within deportable classes enumerated in the act of October 16, 1918, as amended by section 22 of the Subversive Activities Control Act of 1950 (title I of the Internal Security Act of 1950), effective September 23, 1950 (Public Law 831, 81st Cong., ch. 1024, 64 Stat. 1006).1

1

The 1950 amendment devises sec. 4 (a) of the act of October 16, 1918, to read:

"SEC. 4. (a) Any alien who was at the time of entering the United States, or has been at any time thereafter, a member of any one of the classes of aliens enumerated in *** sec. 1 (2) of this act, shall, upon the warrant of the Attorney General, be taken into custody and deported in the manner provided in the Immigration Act of February 5, 1917. The provisions of this section shall be applicable to the classes of aliens mentioned in this act, irrespective of the time of their entry into the United States."

Section 1 (2) of said act reads, in pertinent part:

"(2) Aliens who, at any time shall be or shall have been members of any of the following classes: *** (C) Aliens who are members of or affiliated with (i)

Counsel has contended that we cannot properly hold that respondent is deportable on the basis of membership in a proscribed organization after entry, on the ground that such charge is not geared to his last entry into this country. Respondent first entered the United States in 1928; his membership in the Young Communist League occurred in 1938; and he last entered this country in 1945. We do not agree with counsel that only the last entry may be used as a basis for deportation under the act of October 16, 1918, as amended. In United States ex rel. Volpe v. Smith, Director of Immigration, 289 U. S. 422, 425 (1933), the Supreme Court said:

We accept the view that the word "entry” ** includes any coming of an alien from a foreign country into the United States whether such coming be the first or any subsequent one

It is our view that a proper interpretation of the act of October 16, 1918, as amended, permits finding respondent deportable as an alien who was a member of a proscribed organization (1) after an entry, and/or (2) prior to his last entry.

The applicable statute contains no limitation as would make the test of deportability dependent solely upon the relationship of the proscribed membership to the alien's most recent entry. Nor does this legislation prohibit the use of any or every arrival as a base in the calculation of deportability. We believe that deportability may be found on more than one charge even where there has been but a single proscribed deed, if the deed be applied to more than one entry. Thus, in the instant case, it is our conclusion that respondent's membership in an affiliate of the Communist Party in 1938 renders him amenable to deportation as an alien who was a member of a proscribed organization (1) after (his 1928) entry and prior to (his 1945) entry.

the Communist Party of the United States, *** (v) any section, subsidiary, branch, affiliate, or subdivision of any such association or party

*

8 C. F. R. 174.1 (i) effective April 4, 1951 (16 F. R. 2907), promulgated in conformity with an act approved on March 28, 1951 (Public Law 14, 82d Cong., ch. 23), which authorized and directed the Attorney General to provide such regulation, declares:

"(i) The terms 'members of' and 'affiliated with' where used in the act of October 16, 1918, as amended, shall include only membership or affiliation which is or was voluntary, and shall not include membership or affiliation which is or was solely (1) when under 16 years of age, (2) by operation of law, or (3) for purposes of obtaining employment, food rations, or other essentials of living, and where necessary for such purposes."

Hence, the act of October 16, 1918, as amended, calls for the deportation of this alien who was, at a time after his entry into this country, and at a time prior to this entry into this country in 1945, a voluntary member of an organization affiliated with the Communist Party of the United States.