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The administration bill, which I have cosponsored by introducing H.R. 7740, would do away with the national origins quota system gradually and replace it over a 5-year period with a new method of allocating immigrant visas on the basis of priority of application and individual merit, rather than accident of birth.

This bill would not substantially alter the overall size of the immigration quota. It would raise it from around 157,000 to approximately 168,000.

In place of the national origins restriction the bill would allow immigration on a first come, first served principle. There are certain limitations to this, however. Preference would be given to skilled aliens and blood relatives of U.S. citizens and permanent resident aliens. Also, no single country would be allowed to utilize more than 10 percent of the total world quota.

The bill would make a number of other changes in the immigration law and establish an immigration board to advise and consult with the President and appropriate Government departments on matters affecting our immigration policy.

The central, overriding issue brought forth by the bill, however, is the question whether we shall continue to live with the national origins quota restrictions. President Kennedy offered a solution. I urge this committee to accept that solution and begin the process which will finally end the inhumane and undemocratic quota system. Thank you very much.

Mr. FEIGHAN. Thank you, Mr. Ryan.

In what priority would you place the uniting or reuniting of families in the proposed bill?

Mr. RYAN. I think the reuniting of families should have very high priority, Mr. Chairman. I think that should be one of our chief objectives in rewriting the legislation.

Mr. FEIGHAN. Thank you very much, Mr. Ryan.

Mr. RYAN. Thank you, Mr. Chairman. I appreciate the courtesy of the chairman and the committee.

Mr. FEIGHAN. The subcommittee will recess temporarily to await the next witness.

(Brief recess.)

STATEMENT OF HON. EDWARD J. DERWINSKI, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS

Mr. FEIGHAN. The subcommittee will come to order.

Our next witness will be our able colleague from Illinois, Mr. Derwinski.

You may proceed, Mr. Derwinski. I believe you have introduced two bills, H.R. 4159 and H.R. 4435, which shall be placed in the record at the conclusion of your testimony.

Mr. DERWINSKI. Yes.

Mr. FEIGHAN. You may address yourself to both or either, in any order you prefer.

Mr. DERWINSKI. Thank you, Mr. Chairman. I should like to address myself to more than just the two bills I have introduced, since I recognize that the committee has a very complex problem before it. I should prefer to discuss the general situation that I see, rather

than the specific measure which I personally might have introduced, although I will touch upon it.

Mr. Chairman, perhaps in sort of personal explanation I should point out my interest in immigration laws is partly motivated by the fact that my grandparents were all immigrants and, therefore, I feel that the contribution to our land that has been made by immigrants is substantial.

I

I do not fear the continued inflow into the country of immigrants, as some extreme critics of our immigration laws might contend. feel that our present immigration system is a bit too rigid and perhaps archaic in the method by which the quotas are established. I think the most practical direction we can take is to adjust the current immigration quotas in proportion to normal demand.

I also recognize that one of the great burdens that Members of Congress bear is the introduction of private bills. These are generally motivated by the complications caused by immigration quotas in some countries and the long waiting lists that develop.

The bill I introduced before the committee was H.R. 4159, which basically provided that those countries that do not use their annual immigration quotas in effect have those numbers reassigned in basic geographic areas or countries where demand is in excess of the quota requirements. I think this would be the practical and feasible way to do it.

I feel the committee, recognizing the tremendous complications and the emotional issues involved, is moving in the proper direction in not attempting to embark on completely new immigration concepts. I think the need of the country and the practicality of our times would dictate against this. I feel working within the practical adjustment of present immigration quotas would be perhaps the most feasible approach.

The other bill, Mr. Chairman, which I would like to direct to the attention of the committee, is H.R. 4435, which would authorize the payment to any defecting member of the Soviet Army in Cuba the equivalent of 1 year's military pay at the Soviet rank. This bill was introduced at the time when Soviet troops were in Cuba in great numbers. It is similar to the Lodge Act, the wartime act, which provided our intelligence forces with very valuable information by serving as a source of inspiration to defectors from the opposing military forces.

I think it is practical for us to recognize we are going to be faced with a long cold war, and that we should have flexibility in our immigration system.

Mr. FEIGHAN. May I interrupt to say the Lodge Act concerned those who enlisted in our armed services.

Mr. DERWINSKI. Yes. The provisions of the Lodge Act require that they enlist in the U.S. Armed Forces. My thought, of course, is that we have passed beyond just a military war. We are now involved in a war which is basically one of propaganda and economics. I think we should have sufficient flexibility in our immigration laws to provide a haven, either in this country or in a cooperating free

world country, for those who would defect from the Soviet Union empire. I think this would be a valuable source to us, subject, of course, to all the necessary protective screening and scrutiny that the immigration authorities would have to undertake.

Mr. Chairman, I feel my contribution to your hearings could well be to reemphasize, speaking for many Members of the House, that we recognize the extremely complicated subject you have before you, and that this issue whenever it arises brings forth extreme pressures, extreme requests from well-meaning people on all sides, and that your committee deserves the support and appreciation of all the Members of the House and the people of the country for your willingness to tackle such an almost thankless issue.

I should think that the committee has experience and the feel of the pulse of the House, so I do not feel you will come forth with a bill that, in your judgment, you feel will not be approved. You have to work with the possible rather than the theoretical.

I would merely indicate that I do hope you will bring forth a possible bill that, as a minimum, will provide for adjustments of the present quotas so in countries such as Greece, Italy, Poland, and Yugoslavia, where the quota system is too low for the natural demand, where families are still separated, and things of that nature, the situation could be alleviated. I think that would be a practical and acceptable step.

I recognize, Mr. Chairman, that your committee will produce a sound and practical bill, and I would hope that it could at least in part touch on the points I have emphasized.

Mr. FEIGHAN. That is certainly the objective of our committee, Mr. Derwinski.

May I ask you what priority you would assign to the uniting or reuniting of families in your bill?

Mr. DERWINSKI. I would say that would deserve top priority, Mr. Chairman. I would say the reuniting of families is such an obvious humanitarian concept that it would meet with approval. I would place along with it the necessary flexibility which I believe we should have in treating escapees from Communist-controlled countries.

Mr. Chairman, may I especially point out that this problem is extremely difficult in Yugoslavia because the countries adjacent to Yugoslavia and, in fact, many people within our own country do not consider it a Communist country, and yet the people in that country are the ones who are suffering under a form of government that is less than democratic. I think they deserve special consideration.

In Yugoslavia-among the Serbs, Croatians, and Sloveniansmany families are separated, and they should be covered in an adjustment pertaining to the reuniting of families as well as a more realistic interpretation of their domestic political difficulties.

Mr. FEIGHAN. Your observation is indeed very well taken.
Mr. DERWINSKI. Thank you, Mr. Chairman.

Mr. FEIGHAN. Thank you very much, Mr. Derwinski.

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(Mr. Derwinski's bills read as follows:)

[H.R. 4159, 88th Cong., 1st sess.]

A BILL To amend titles I, II, and III of the Immigration and Nationality Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 201 of the Immigration and Nationality Act (66 Stat. 175, 8 U.S.C. 1151) be amended to read as follows:

"NUMERICAL LIMITATIONS;

ANNUAL QUOTA BASED UPON NATIONAL

MINIMUM QUOTAS

ORIGIN;

“SEC. 201. (a) (1) The annual quota shall be a number equal to one-seventh of 1 per centum of the number of inhabitants in the United States in 1960, as determined by the United States census of 1960.

"(2) The annual quota shall be distributed in the following manner:

"(A) Each quota area shall first be allotted the same quota as it received under the law in existence prior to the enactment of this Act;

"(B) The minimum quota for each minimum quota area as heretofore determined under the law in existence prior to the enactment of this Act shall be increased by one hundred numbers, and the total of such increases shall be deducted from the remainder of the annual quota:

"(C) The rest of the annual quota shall then be distributed among the several quota areas in proportion to the actual immigration into the United States of immigrants chargeable to each such quota area between July 1, 1924, and July 1, 1962.

"(b) The determination of the annual quota of any quota area shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly. Such officials shall, jointly, report to the President the quota of each quota area, and the Secretary of State shall proclaim and make known the quotas so reported. Such determination and report shall be made and such proclamation shall be issued as soon as practicable after the date of enactment of this Act. Quotas proclaimed therein shall take effect on the first day of the fiscal year, or the next fiscal half year, next following the expiration of six months after the date of the proclamation, and until such date the existing quotas proclaimed under this Act shall remain in effect. After the making of a proclamation under this subsection the quotas proclaimed therein shall continue with the same effect as if specifically stated herein and shall be final and conclusive for every purpose, except (1) insofar as it is made to appear to the satisfaction of such officials and proclaimed by the Secretary of State, that an error of fact has occurred in such determination or in such proclamation, or (2) in the case provided for in section 202(e).

"(c) Except as otherwise provided in subsection (f), there shall be issued to quota immigrants chargeable to any quota (1) no more immigrant visas in any fiscal year than the quota for such year, and (2) in any calendar month of any fiscal year, no more immigrant visas than 10 per centum of the quota for such year; except that during the last two months of any fiscal year immigrant visas may be issued without regard to the 10 per centum limitation contained herein.

"(d) Nothing in this Act shall prevent the issuance (without increasing the total number of quota immigrant visas which may be issued) of an immigrant visa to an immigrant as a quota immigrant even though he is a nonquota immigrant.

"(e) The quota numbers available under the annual quotas of each quota area proclaimed under this Act shall be reduced by the number of quota numbers which have been ordered to be deducted from the annual quotas authorized prior to the effective date of the annual quotas proclaimed under this Act under

"(1) section 19(c) of the Immigration Act of 1917, as amended;

"(2) any other Act of Congress enacted prior to the effective date of the quotas proclaimed under this Act: Provided, That the quota deductions required under the provisions of the Displaced Persons Act of 1948, as amended, the Act of June 30, 1950 (64 Stat. 306), and the Act of April 9, 1952 (66 Stat. 50), are hereby terminated effective July 1, 1957.

"(f) (1) There shall be established a quota pool for each of four geographical regions, that is, Europe, Asia, Africa, and Oceania. For the purposes of this

section

"(A) the European region shall comprise the following quota areas: Albania, Andorra, Austria, Belgium, Bulgaria, Czechoslovakia, Poland,

Denmark, Estonia, Finland, France, Germany, Great Britain and Northern Ireland, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Rumania, San Marino, Spain, Sweden, Switzerland, Turkey, Union of Soviet Socialist Republics; Yugoslavia;

"(B) the Asian region shall comprise the following quota areas: Afghanistan, Arabian Peninsula, Asia-Pacific Triangle, Bhutan, Burma, Cambodia, Ceylon, China, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Korea, Laos, Lebanon, Muscat, Nepal, Pakistan, Palestine, Philippines, Saudia Arabia, Thailand, Vietnam, Yemen, Federation of Malaya;

"(C) the African region shall comprise the following quota areas: Cameroons (British), Cameroun (French), United Arab Republic, Ethiopia, Liberia, Libya, Mali Mauritania, Morocco, Nigeria, Ruanda-Urundi, Senegal, Somali Republic, Southwest Africa, Sudan, Tanganyika, Togo (French), Tunisia, Ghana, Union of South Africa.

"(D) the Oceanian region shall comprise the following quota areas: Australia, Nauru, New Guinea, New Zealand, Trust Territory of Pacific Islands, Samoa.

"(2) Quota numbers of all quota areas within a region authorized under the provisions of subsection (a), which have not been issued or otherwise used at the termination of a fiscal year, shall be assigned to the pool of the region within which the respective quota areas are situated.

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(3) The Secretary of State shall, at the end of each fiscal year, determine the amount of quota numbers in each regional quota pool. He shall proclaim the number thereof on or before October 1 following the end of each fiscal year. The quota numbers so determined and proclaimed by the Secretary of State shall be available for use in the following manner, during the ensuing twelve-month period, beginning October 1, and ending September 30 of the following year:

"(A) the quota numbers in each regional pool shall be issued to qualified quota immigrants born in the respective region regardless of the country of birth;

"(B) the exceptions to the determination of the quota to which an immigrant is chargeable, specified in section 202(a) in respect to quota areas, shall apply in determining the region to which an immigrant is chargeable under this subsection;

"(C) immigrant visas shall be issued to qualified quota immigrants under this subsection in the manner and to the preference classes specified in paragraphs (1), (2), (3), and (4) of section 203(a); except that an eligible immigrant shall be entitled to receive such a visa only if there is not immediately available to him an immigrant visa under the quota specified in subsection (a);

"(D) quota immigrant visas issued to aliens under this subsection shall be issued in the order specified in section 203 (b) and (c) of this Act;

"(E) there shall be issued to quota immigrants under this subsection in any calendar month of the twelve-month period specified in this paragraph no more immigrant visas than 10 per centum of the respective regional quota pools, except that during the last two months of such period immigrant visas may be issued without regard to such limitation;

"(F) quota numbers not issued or otherwise used during the twelvemonth period specified in this paragraph shall not be available for issuance or other use at any other time.'

SEC. 2. Section 202(c) of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 1152(c)) is amended to read as follows:

"(c) Any immigrant born in a colony or other component or dependent area of a governing country for which no separate or specific quota has been established, unless a nonquota immigrant as provided in section 101 (a) (27) of this Act, shall be chargeable to the quota of the governing country, except that (1) not more than two hundred persons born in any one such colony or other component or dependent area overseas from the governing country shall be chargeable to the quota of its governing country in any one year, and (2) any such immigrant, if attributable by as much as one-half of his ancestry to a people or peoples indigenous to the Asia-Pacific triangle, shall be chargeable to a quota as provided in subsection (b) of this section. Immigrant visas authorized under the provisions of subsection (f) of section 201, as amended, respecting regional quota pools, shall not be available to persons born in any colony or other component or dependent area described in this subsection."

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