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it to those already here, permit the naturalization of those who arrive hereafter in just the same way as a native of any other country would be naturalized.
Mr. ALLEN. Then what do you want, the McGehee bill, the Marcantonio bill, or the Sheppard bill?
Mr. Ely. We made a report on 4229, the bill introduced by Mr. Sheppard.
The CHAIRMAN. Your report is, then, limited to the Sheppard bill, H. R. 4229?
Mr. Ely. I believe so.
Mr. ALLEN. That bill comes within the thought of the McGehee bill, does it not, Mr. Chairman?
The CHAIRMAN. More or less. There is just a change of language. You will note that Mr. McGehee introduced his bill 3 months after Mr. Sheppard introduced his bill.
Mr. ELY. We felt that the waiver of the declaration of intention was an important matter for those people.
Mr. ALLEN. Have you any idea how many Filipinos are in the United States now who could come under the law, if we were to pass
it? The CHAIRMAN. I think I have some information on that. Mr. Ely. I could not say off-hand.
The CHAIRMAN. According to the record of the Department under the Alien Registration Act, going back to 1940, the total number of aliens registered from the Philippine Islands was 83,677, of whom 78,587 were males and 5,090 were females. A large percentage of the Filipino residents of the United States are in Hawaii. We have not many of them living in the continental United States; most of them are living in Hawaii or possessions and they would be naturalized there.
Mr. ALLEN. It does not say how many are in the continental United States.
The CHAIRMAN. The total number of Filipinos is 83,677. I do not know how many are in Hawaii but probably the greater number of them.
Mr. ALLEN. I wonder how many Filipinos are in the United States proper.
The CHAIRMAN. We will come to that.
Mr. Mason. I would like to know what the Tydings-McDuffie Act does insofar as permitting Filipinos to enter the United States.
Mr. Ely. It provides a quota of 50 a year.
The CHAIRMAN. And under that act they must comply with other requirements of admittance, such as moral turpitude and good character and the like.
The CHAIRMAN. They have been permitted to come here but they are ineligible for citizenship. This takes away, the ineligibility to citizenship of a Filipino who is already in the United States. That is the purpose of all these bills; after you have provided for Filipino veterans and those already here, Filipinos will be admitted under the immigration law and then they would be subject to the same qualifying provisions as a European and the quota would be only so much.
Mr. ALLEN. There is no effort in any of this legislation to change
Mr. Ely. No; none whatever.
Mr. SHAUGHNESSY. May I comment on that, Mr. Chairman?
STATEMENT OF EDWARD J. SHAUGHNESSY, SPECIAL ASSISTANT
TO THE COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
Mr. SHAUGHNESSY. As the committee well knows, prior to 1934 the Filipino had a most peculiar status. He was neither an alien nor was he a citizen, and inasmuch as our immigration laws exclude only aliens, the Filipino could come and go just the same as if he were a citizen. That was in 1934, when the Philippines got their Independence Act. Under that act the Filipinos, for immigration purposes, were made aliens and a quota of 50 per annum was created. Now, when the Philippine Islands become independent, the minimum quota of 50 a year will not be available for Filipinos unless this bill passes because they will still be racially ineligible to citizenship and as such can enter the United States. That is under existing law.
(The testimony indicating 100 per annum must be changed to 50 per annum because a recheck of the law shows this to be a fact.)
Now if this bill is enacted into law, making Filipinos eligible for naturalization, they can come to the extent of their quota after independence becomes a fact.
Mr. ALLEN. One hundred a year?
Now what Mr. Ely is talking about and the recommendations of the State Department is that as far as those who came prior to 1934 is concerned, that certificates of arrival be waived for them. I think those are very proper recommendations because prior to 1934 we did not bother to keep any particular records about Filipinos because we had no jurisdiction over them.
Mr. ALLEN. In other words, if a Filipino said he arrived legally before 1934, you could not prove that he did not?
Mr. SHAUGHNESSY. But we would have to satisfy ourselves by competent evidence that he did arrive before 1934.
Mr. ALLEN. But how could you check on him if you have not kept records in regard to his entry?
Mr. SHAUGHNESSY. We have meager records. We would have to go to the original manifests and try to satisfy ourselves that he entered the country before 1934 by the records available. This is not a novel thing—any alien entering prior to 1906 did not have to have a declaration of intention.
Mr. Ely. You mean a certificate of arrival? Mr. SHAUGHNESSY. Yes; excuse me, I mean a certificate of arrival. We make them prove they came here prior to 1906.
Mr. Mason. Mr. Ely, was it possible, under our laws before 1934, for a Filipino to come in illegally?
Mr. ELY. No, sir. Mr. SHAUGHNESSY. No. Mr. Mason. Then prior to 1934 there was no illegality about a Filipino coming in?
Mr. SHAUGHNESSY. No, sir.
Mr. ALLEN. There should probably have been some regulation about it, but there was not.
Mr. SHAUGHNESSY. Mr. Allen, Congress never saw fit to declare Filipinos aliens.
Mr. ALLEN. I am saying we now find ourselves in a conditionthat is what we are in—a condition where we have the situation where they came here legally.
Mr. Ely. Yes, sir.
Mr. SHAUGHNESSY. It was not illegal. They had a right to come, the same as you and I can go and come across the border.
Mr. ALLEN. They are here?
Mr. ALLEN. Therefore the question resolves itself into what will we do with them since they are here?
The CHAIRMAN. That is right; we should give them standing since we have permitted them to live for years in America. At present they have no standing.
Mr. ALLEN. I see.
The CHAIRMAN. And then they must comply with all other restrictions and provisions in regard to moral turpitude and the other requirements of the law.
Mr. Ely. That is the position of the Department of the Interior, entirely
The CHAIRMAN. Yes; I think that is a proper position. Thank you, Mr. Ely.
Is Mr. Wilkins, Assistant Director of the Veterans of Foreign Wars, present?
Mr. Mason. Mr. Chairman, I regret that I must leave this committee meeting at this time. Before I leave I would like to state that if you are going to act on this legislation today, I want to be recorded as voting in favor of it.
The CHAIRMAN. All right; could you come back after a little while if we need you?
Mr. Mason. Yes, Mr. Chairman; but I am now announcing publicly that I am voting in favor of this legislation so you have my proxy. There should be no objection to my proxy on this matter, inasmuch as I am appearing in person and offering it.
The CHAIRMAN. No.
STATEMENT OF S. E. WILKINS, ASSISTANT DIRECTOR, WAR SER
VICE COMMISSION, VETERANS OF FOREIGN WARS OF THE UNITED STATES
Mr. WILKINS. Mr. Chairman and gentlemen of the committee, the Forty-fifth National Encampment of the Veterans of Foreign Wars of the United States, held in Chicago, Ill., August 22–24, 1944, adopted a resolution urging the Congress to pass H. R. 4229, a bill to authorize the naturalization of native-born Filipinos who are permanent residents of the United States and Filipinos who served in the military or naval forces of the United States during World War I.
As to the World War I veterans concerned, this bill merely states that if they served under honorable conditions at any time between April 5, 1917, and before November 12, 1918, they may be naturalized upon compliance with all of the requirements of the naturalization laws, except that (1) no declaration of intention shall be required; and (2) no certificate of arrival shall be required.
The Veterans of Foreign Wars believe this concession to the World War I veterans concerned is warranted and respectfully request prompt and favorable action on H. R. 4229.
The CHAIRMAN. Do I understand, then, that the Veterans of Foreign Wars are in favor of this legislation? Am I correct in saying that?
Mr. WILKINS. We are supporting H. R. 4229.
The CHAIRMAN. But all the bills are along the same line. The language, however, is a little different. In principle they are the same and you are supporting the bill.
Mr. WILKINS. The Veterans of Foreign Wars are concerned principally with the naturalization of Filipinos who served in the armed forces in World War I.
The CHAIRMAN. I see. All right. Thank you very much.
STATEMENT OF JAMES MOORE, ACTING EXECUTIVE SECRETARY,
NATIONAL LEGISLATIVE COMMITTEE, AMERICAN LEGION
Mr. MOORE. Mr. Chairman and members of the committee, I simply want to read in the record a resolution adopted at the Chicago National Convention of the American Legion on September 18–20, 1914. It reads as follows:
Whereas the Filipino people have proven their loyalty to the United States in time of our national emergency, as well as in peace; and
Whereas they have supported the American ideals of democracy and proven themselves worthy of the trust placed upon them; and
Whereas the American Legion in convention assembled in Chicago, Ill., September 18, 19, and 20, 1944, is in accord with the sentiment expressed by the Filipino masses; be it therefore
Resolved, That H. R. 4826, now in Congress of the United States, be given favorable consideration.
The CHAIRMAN. Then the American Legion is in support of these bills to carry out the intent and purposes that we are discussing here this morning?
Mr. MOORE. That is right.
Mr. ALLEN. In other words, you believe that the Filipinos who are here should be given the privileges of American citizenship?
Mr. MOORE. Yes, sir.
Mr. ALLEN. And the privilege of becoming American citizens under the quota law should be extended to those who may come here hereafter?
Mr. MOORE. That is right.
The CHAIRMAN. Thank you very much.
Mr. PHILLIPS. Congressman Sheppard is attending another meeting and could not be present.
The CHAIRMAN. Do you wish to make a statement?
STATEMENT OF HON. JOHN PHILLIPS, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
Mr. PHILLIPS. Mr. Chairman and members of the committee, while the details of the bill have been explained to you, it is not necessary for me to repeat them, yet I would like to recommend this legislation as very important. I am in favor of the bill and I think it would represent the feeling of the area in which I live; which, you know, is the Twenty-second Congressional District of the State of California.
The CHAIRMAN. Yes.
Mr. PHILLIPS. We are familiar with the situation and we feel that the whole oriental picture is very close to us and we would like the passage of this bill."
I spoke to Mr. Sheppard who, as you know, has another hearing, and I believe he has a statement here which you have accepted. It is in support of his bill.
Mr. ALLEN. Mr. Phillips, do you have Filipinos in your district ?
Mr. PHILLIPS. Yes; we have them all over California. I have them in my district.
Mr. ALLEN. For my own information, what has been the general attitude of the Filipinos out there?
Mr. PHILLIPS. It has been very good.
Mr. Phillips. Yes, they have; the Filipinos came in particularly to do a certain type of agricultural work and they were brought in as a rule in groups to do the work and were handled in groups by their own leaders. I think their condition has consistently improved and their relations with our people have always consistently been good.
Mr. ALLEN. Have they been law abiding, or do they have trouble in the courts?
Mr. PHILLIPS. Not more than the white people.
Mr. ALLEN. What has been the relationship out there between the
Mr. PHILLIPS. Not particularly. We have various races out there. Our relations with the Filipinos have always been good; our relations with the Filipinos have generally been good, certainly in the past 70 or 80 years. On the contrary, our relations with the Japanese have not been good as they are an entirely different people.
Mr. ALLEN. But Japan has been trying to win the Filipinos by saying "Asia for the Asiatics."
Mr. PHILLIPS. They have not said it so much in this country.