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should be used to apprehend and deport the illegal entrant. It is, however, a matter of humanity and justice to reestablish some reasonable limit to the time within which an alien may be uprooted and deported for illegal entry.
5. Insert after the word “Act” in section 5 (a), page 6, line 1, the words “provided that no alien who entered the United States when he was under 12 years of age and has lived here continuously for a period of not less than 5 years shall be deported.” Strike out the present paragraph (4), section 5 (a), page 6, lines 15–17 and renumber the present paragraphs (5) and (6), (4) and (5).
It is unjust both to the alien and to the country of which he is technically a citizen, to deport for any reason whatsoever, a person, who was brought here as a child and who has lived in the United States long enough to be considered a product of his American environment.
6. Strike out the words has not engaged in subversive political agitation or conduct ” from section 5 (a), page 6, lines 5-6 and in their place insert “and is not deportable under the act of October 16, 1918, as amended by the act of June 5, 1920."
H. R. 9364.—Insert on page 2, line 7, after the words “(2) is not subject to deportation the words “except for having entered or remained in the United States illegally", and on line 8, insert the word “other” after each " so that this paragraph will read: “(2) is not subject to deportation except for having entered or remained in the United States illegally, or, if so, that with respect to each other ground for his deportation an order that he be permitted to remain in the United States has been issued by the Secretary of Labor."
The effect of this amendment would be to give aliens who have entered or remained in the United States illegally but who are persons of good moral character and have lived in the United States continuously for a period of 10 years, the right to legalize their status. It establishes in effect for this class of aliens a statute of limitations for deportation for illegal entry. The reasons for this have already been stated.
H. R. 9366.-Insert on page 1, line 9, after the words, United States, by vessel or otherwise, or” the words “ who knowingly and for profit.”
It should be made clear that this act does not apply to parents or other persons who may “harbor” a child or other near relative who has entered the country illegally.
SUBMITTED BY JOHN FARR SIMMONS
(See p. 92)
DEPARTMENT OF STATE,
Washington, May 11, 1934. The Hon. SAMUEL DICKSTEIN, Chairman of the Committee on Immigration and
Naturalization, House of Representatives. MY DEAR MR. DICKSTEIN: Referring to your request bearing on certain immigration hearings held May 9, 1934, you are adv.sed that during the first 9 months of the present fiscal year ending June 30, 1934, 67 nonquota immigration visas have been issued under section 4 (d) of the Immigration Act of 1924 to natives of Germany as compared with a total of 16 visas under the same section during the entire fiscal year ended June 30, 1934.
In connection with your inquiry relative to the number of “ student” visas issued you are advised that during the first 9 months of the present fiscal year ending June 30, 1934, 59 nonquota immigration visas have been issued under section 4 (e) of the act of 1924 to natives of Germany. A total of 92 visas were issued under the same section during the fiscal year ended June 30, 1933. Sincerely yours,
JOHN FARR SIMMONS,
Chief, Visa Division.
SUBMITTED BY JOHN B. TREVOR
(See p. 96)
NEW YORK, May 11, 1934. Hon. EVERETT M. DIRKSEN,
House Office Building, Washington, D. C. DEAR CONGRESSMAN: I enclose a copy of the memorandum referred to in my remarks in answer to a question from Mr. Dies, whom I have requested to see that it is inserted at the appropriate place in the record of my testimony on Wednesday, May 9. You will note that the memorandum demonstrates conclusively how misleading Commissioner MacCormack's testimony was to the Appropriations Committee. Respectfully yours,
JOHN B. TREVOR.
The statement of Commissioner MacCormack in his testimony before the Subcommittee of the House Committee on Appropriations, which appears in the record of hearings of December 19, 1933, page 110, is totally misleading as to the effect of the policy which the Department of Labor has initiated in respect to the deportation of undesirable aliens from the United States. For example, he says:
Group 1: Criminals, violators of narcotic laws, immoral classes, mental or physical defects, those likely to become public charges, anarchists, and kindred classes.
The total deportations from that first group in 1933 was 4,018, or 20.2 percent of the total number of deportations. I think that we may fairly say, with the exception, perhaps, of the political deportees, that those are the clearly undesirable classes from an immigration standpoint. Twenty percent of the total deportations were of this first group.
“ In the present year 29.6 percent of the deportees have been in that group. That is an increase of more than 50 percent in terms of percentages of the deportations of undesirable classes during the present fiscal year.'
Now the fact of the matter is, if we study the table which is inserted in the record on page 111, it will be found that the actual rate of deportations of group 1, which comprises criminals, violators of narcotic laws, immoral classes, mental or physical defectives, those likely to become public charges, anarchists, and kindred classes, for the present fiscal year is over 20 percent less than the average rate of deportations of aliens of this class in the years 1931, 1932, and 1933; that is to say, the average deportations for these 3 years amounts to 4,342, while the rate of deportations for this year, if it persists on the basis of the 4 months of 1934 given in Commissioner MacCormack's table, will only amount to a total of 3,465. Putting the matter in another way, it will be noted that the actual decrease in deportations under the new policy will be less by a number of 877 than the average number deported in the preceding 3 years.
On the basis of this demonstration, I venture to submit that no statement could have been more misleading respecting the probable accomplishments of the Department of Labor during the year which ends on June 30 next, than that made by the Commissioner to the Subcommittee of the Appropriations Committee last December. If a suggestion is not out of place, the committee might well inquire at this moment the actual number of deportations made by the Department of Labor in the course of the current fiscal year.
MEXICAN IMMIGRATION LAWS
SUBMITTED BY WILLIAM C. HUSHING
(See p. 136)
Robert G. Glover, assistant commercial attaché, Mexico City
An order of the secretary of Government to the chief of the immigration department based on articles 5 and 64 of the immigration law materially restricts immigration into Mexico (order of Feb. 16, 1934, Diario Oficial, February 17).
A translation of this order is as follows:
First. The entry of immigrant workers is prohibited for an indefinite term ; immigrant workers are those who endeavor to enter the country with the purpose of dedicating themselves to some activity remunerated by salary or wages.
Second. The following are exempted from the preceding prohibition:
The admission of these individuals shall be subject to the following requirements:
(a) A previous opinion of the secretariat of national economy, recognizing that the foreign technician cannot be substituted by a national or a resident alien.
(b) A labor contract for the term fixed in the opinion of the secretariat of national economy, expressly containing: The obligation of the technician to instruct prepared national apprentices in his specialty; that of the concern to substitute the technician, upon expiration of his contract, by the Mexican or Mexicans who have acquired his knowledge; and the other requirements fixed or to be fixed in the future by agreement between this secretariat and that of national economy.
(c) Guaranty of repatriation.
II. Professionals and professors whose immigration is requested by the Autonomous University or any official organization.
III. All artists and sional sportsmen, provided their immigration is requested by some concern operating in the country, presenting the respective labor contract and guaranteeing repatriation.
The admission of this class of immigrants cannot be granted for a term exceeding 1 year.
IV. Traveling agents justifying their character to the satisfaction of the secretariat or that of the immigration offices.
Their admission shall be originally allowed for a term not exceeding 6 months, but this may be extended one or more times, for equal terms, provided it is shown, in requesting the extension, that the agent continues under the economic dependence of the firm which sent him, and that he has not engaged in any activities other than those of his function.
In any event, a guaranty shall be exacted for repatriation expenses.
V. Parties coming to fill positions as directors, managers, or representatives, or to exercise functions of great responsibility, in business concerns established in the Republic, in the judgment of this secretariat, in each case.
The immigration of such parties shall be conditional, for the time they render such services, through periodical and regular verification of the subsistence of their position or office and after guaranteeing their repatriation.
VI. Persons coming to fill confidential positions in the employ of the parties requesting their immigration, provided, in each case, that, in the judgment of this secretariat, the execution of the function or position by a national or a resident alien is not against the interests of the party requesting the admission.
The sojourn of these persons shall be conditional and subject to the requirements fixed in the preceding point.
Third. The immigration of investors shall be subject to the following requirements :
(a) Previous evidence of the possession by the presumed immigrant of a minimum capital of $20,000 (pesos), susceptible of being invested at once.
(6) Investment to be made precisely in an industrial or agricultural business, but by no means in a purely commercial enterprise; in a stable manner, different from that of stock companies, and providing sufficient profit for the personal necessities of the immigrant, and of his family, in its case.
(c) The admission shall be subject to the previous requirement of the constitution or execution of two deposits or bonds, the first to guarantee repatriation expenses in the necessary event, in accordance with the nationality of the investment shall be made to the satisfaction of the secretariat within the term fixed.
(d) The admission shall be conditional for a term of 5 years, subject during the first year to the requirement that the investment be effected in the terms indicated, and during each of the following years, until the fifth, to annual verifications, provided the interested party retains his character of investor in the manner and for the amount approved, in the understanding that when the 5 years have elapsed, if the requirements have been fulfilled, the definite permission to remain shall be granted.
(e) The guaranties for repatriation and investment shall subsist during these 5 years.
(f) The investment shall be justified precisely with official documents, such as fiscal manifests, tax receipts, income-tax schedules, etc.
Fourth. Aliens having in this country interests in an amount of not less than $20,000 (pesos) in reality or some legal and honest business may return to the country as immigrants, provided they previously show in an authentic manner, with the corresponding official documentation, the possession of such interests and that they derive therefrom sufficient elements for their maintenance and that of their families in its case.
The immigration shall be conditional during 5 years, subject to annual verification, provided the interested party retains, at least, his same characteristics of solvency. Upon the expiration of the 5-year term, permission to remain permanently shall be granted if the requirement mentioned was regularly complied with.
The repatriation expenses shall be guaranteed for that same term by deposit or bond.
Fifth. For the effects of this resolution, aliens having stable interests outside of the country, furnishing periodically and regularly sufficient income to meet all their necessities and those of their families in its case shall be considered as rentiers.
The immigration of individuals in this category shall be allowed in accordance with the following bases :
(a) After they authentically show that they receive normally and periodically sufficient income for their maintenance their admission shall be conditional, subject to a guaranty of repatriation for the term they intend to reside in the country.
(0) The immigrant shall every 6 months justify that he still retains his character of rentier.
(c) After 5 years of regular sojourn, permission to stay definitely may be granted.
Sixth. The immigration of the relatives to which articles 65 and 66 of the immigration law refer shall be governed strictly by the following bases :
(a) The franchise of the articles cited shall be granted only, in accordance with its spirit, to individuals who on account of their sex, age, or condition must really be economically dependent on the part applying for their immigration, and with respect to whom the secretariat in each case has no reason to suppose that they do not have a secret intent to become directly or indirectly working elements.
(6) The admission of the relatives shall be conditional during 5 years, subject to annual verification, while the requirements fixed for the interested parties are exactly complied with.
(c) Immigrants shall constitute deposits or execute bonds to guarantee for 5 years, at all times and until their expiration, repatriation expenses, in the understanding that when the 5 years have elapsed and such requirements have been complied with definite permission to remain will be granted.
(d) If minors immigrating under the articles referred to become of age within the 5-year terms of their conditional admission, they shall show the possession of elements for their maintenance in accordance with the immigration provisions then in force, and failing this, shall leave the country.
In the cases of article 66, by no means shall the immigration of the relatives to which such article refers be granted when they are affected by any of the prohibitive or restrictive provisions of the secretariat. Individuals not included in such provisions may only take advantage of the franchise of that article if the secretariat previously declares, by well-based decision, that they are considered as elements beneficial to immigration.
Seventh. Only those under the franchise of articles 65 and 66 of the law and the provisions of the sixth point hereof shall be admitted as students in primary, intermediate, and high schools.
Those not within such article may immigrate only for professional studies after guaranteeing their repatriation, and when they obtain their title, if they so request, permission to remain definitely shall be granted.
In any event, individuals admitted as students must show in February of each year that they regularly retain such character.
Summer-course students are exempted from the provisions of the preceding paragraphs.
Eighth. Minors under 18 years of age, admitted in accordance with the preceding provisions, must compulsorily receive the corresponding education.
Ninth. In exceptional cases, and as a measure of protection and assistance to Mexican women, the Secretariat of the Interior may exempt from the compliance of determined immigration requirements the husbands and children of Mexican women who desire to establish themselves in the country with their families.
Tenth. The bonds to be constituted in accordance with the various points of this resolution shall be executed in all cases by companies authorized by the Secretariat of Finance and Public Credit, or by banking institutions.
Eleventh. The cases of immigration with lucrative purposes, not provided for in this resolution, and which may not be considered as transient, shall be submitted by the Department of Immigration to higher authority.
Twelfth. Immigration restrictions in force, for motives other than economical, shall wholly subsist and may be extended, in the judgment of this Secretariat, co the extent it may determine in the respective circulars.
Thirteenth. This resolution revokes that of July 14, 1931, and all provisions derived therefrom.
C. J. JUNKIN, Chief Division of Commercial Laws.
The following is a regulation which appeared in Commerce Reports of April 21 of this year, 1934 :
“ Mexico Immigration Regulations, the entry of Americans interested in mining through the port of Nogales in the State of Sonora under the classification of transients is facilitated by Telegraphic Circular No. 68, issued by the chief of the immigration department of February 17, 1934. Proof of solvency and of the purpose of entry is required; this may consist in letters and statements issued by banking institutions established in Sonora, territories of lower Cali. fornia, and Chihuahua. A $100 repatriation bond will be required to be increased to $250 if the person leaves these jurisdictions.” (Reported by Consul Thos. H. Robinson, Nogales, Sonora, Mexico.)