80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session REPORT No. 1554 SAMUEL FADEM MARCH 11, 1948.-Committed to the Committee of the Whole House and ordered to be printed Mr. FELLOWS, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 4372] The Committee on the Judiciary, to whom was referred the bill (H. R. 4372), for the relief of Samuel Fadem, having considered the same, report favorably thereon with amendment and recommend that the bill, as amended, do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: That the Attorney General be, and he is hereby, authorized and directed to record the lawful admission for permanent residence of Samuel Fadem who entered the United States lawfully at the port of New York on September 27, 1946. Upon the enactment of this Act, the Secretary of State shall reduce by one the quota for Poland then current. PURPOSE OF THE BILL The purpose of the bill is to record the lawful admission for permanent residence in the United States of Mr. Samuel Fadem, a native and citizen of Poland. The bill also provides for the proper quota deduction. GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the assistant to the Attorney General to the chairman of the committee, dated February 16, 1948, which letter reads as follows: Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. FEBRUARY 16, 1948. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department relative to the bill (H. R. 4372) for the relief of Samuel Fadem, an alien. The bill would, notwithstanding the provisions of the immigration laws, authorize and direct the Attorney General to permit Samuel Fadem to remain permanently in the United States. H. Repts., 80-2, vol. 2- -20 The files of the Immigration and Naturalization Service of this Department disclose that Mr. Fadem is a native and citizen of Poland, having been born in that country on August 3, 1900. He entered the United States at New York on September 27, 1946, when he was admitted as a vistior for a period of 6 months. He was in possession of a nonimmigrant visa which was issued to him at Jerusalem, Palestine. On January 8, 1947, he applied for a change of his immigration status from that of a temporary visitor for business under section 3 (2) of the Immigration Act of 1924 to that of a treaty trader under section 3 (6) of that act. On February 10, 1947, his application for change of status was denied on the ground that he had not completed any transactions for import or export between the United States and Poland and that it was purely speculative whether he would actually engage in such trade. However, he was granted an extension of his temporary stay to September 27, 1947. He apparently is unable to adjust his immigration status at this time, as the Polish quota, to which he is chargeable is greatly oversubscribed. The files further show that the alien is married and that his wife and child, who is 6 years of age, reside in Palestine. He has testified that during the past 5 months he has placed orders with the International Trade Facilities Corporation of New York for goods for export in the amount of $10,000; that prior to coming to the United States he had conducted an import business in Palestine through the Fadem Associates of New York and had placed with that firm orders in the amount of $100,000. His nephew is president of that firm. He further stated that his income is approximately $1,500 a year. The record discloses nothing adverse to the alien's character or reputation. The facts of this alien's case are not unlike those of a great many others who are precluded from permanent residence in the United States by oversubscribed immigration quotas, and no reason appears why he should be granted preferment denied to others. Accordingly, this Department is unable to recommend the enactment of the bill. Sincerely yours, PEYTON FORD, Mr. Celler, the author of the bill, and three persons who are the business associates of the beneficiary of the bill appeared before the Subcommittee on Immigration and Naturalization, urging that consideration be given to the difficulty of Mr. Fadem's legal position and the merits of the case and recommending the passage of the measure. In addition, Mr. Celler submitted the following memorandum: Mr. Fadem, for whom relief is sought, is a man who finds himself in the position of being without a legal resident country. He fled the Nazi terror in Poland, the land of his birth, and escaped to Palestine. After living in Palestine for some time, he obtained a temporary visa to come to the United States for matters of business. Upon completion of his business, he sought to return to Palestine to rejoin his wife and child. The British authorities refused to grant him a reentry visa. Various appeals to the consulate and Home Office were denied, both by the British Passport Control Office in New York and the authorities of the Government of Palestine. He had no reason to suspect at the time he left Palestine that he would not be granted a reentry visa, which refusal by the British authorities is based on overstay of original entry. He cannot return to Poland, since his anti-Communist views are well known. Testimony given in his behalf before the Subcommittee on Immigration by Dr. George St. Novak, formerly vice president of the National Bank of Economy of Warsaw, presently president of the Intercontinental Trade Facilities Corporation, which employs Mr. Fadem, and similar testimony given by former Lt. Col. Stephen Jedrzejewski, of the Polish General Staff, and now associated with the same company, reveal that Mr. Fadem is a trustworthy, sincere, and hard-working man, with integrity of purpose. They testified, as well, that they know his opposition to the present Polish regime and stated that he would undoubtedly face grave risks were he to be compelled to return to Poland. In my estimation, Mr. Fadem would be a worthy citizen of our country, grateful for the opportunity to remain here and pick up the broken threads of his life which had been forced upon him by circumstances beyond his control. Victimized first by one form of totalitarianism and now threatened by another should he be compelled to return to Poland, Mr. Fadem merits our most favorable consideration. It would be callous disregard of the value of an individual life were we to fail to pass H. R. 4372. 80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session ANTONIO VILLANI { REPORT No. 1555 MARCH 11, 1948.-Committed to the Committee of the Whole House and ordered to be printed Mr. FELLOWS, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 4631] The Committee on the Judiciary, to whom was referred the bill (H. R. 4631) for the relief of Antonio Villani, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: That notwithstanding the provisions of the first category of section 3 of the Immigration Act of 1917 (8 U. S. C. 136 (a)), Antonio Villani, a native-born citizen of Italy, may be admitted to the United States for permanent residence, if he is otherwise admissible under the provisions of the immigration laws. PURPOSE OF THE BILL The sole purpose of the bill is to waive the excluding provisions of existing law, because of affliction with feeble-mindedness, in behalf of Antonio Villani, a native and citizen of Italy. GENERAL INFORMATION The facts in this case are set forth in a letter from the Assistant to the Attorney General to the chairman of the Committee on the Judiciary, dated February 11, 1948, which letter reads as follows: Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. FEBRUARY 11, 1948. My Dear Mr. Chairman: This is in response to your request for the views of this Department relative to the bill (H. R. 4631) for the relief of Antonio Villani, The bill would direct the Attorney General to cancel the outstanding order and warrant of deportation in the case of Antonio Villani, and would provide that The files of the Immigration and Naturalization Service of this Department disclose that Mr. Fadem is a native and citizen of Poland, having been born in that country on August 3, 1900. He entered the United States at New York on September 27, 1946, when he was admitted as a vistior for a period of 6 months. He was in possession of a nonimmigrant visa which was issued to him at Jerusalem, Palestine. On January 8, 1947, he applied for a change of his immigration status from that of a temporary visitor for business under section 3 (2) of the Immigration Act of 1924 to that of a treaty trader under section 3 (6) of that act. On February 10, 1947, his application for change of status was denied on the ground that he had not completed any transactions for import or export between the United States and Poland and that it was purely speculative whether he would actually engage in such trade. However, he was granted an extension of his temporary stay to September 27, 1947. He apparently is unable to adjust his immigration status at this time, as the Polish quota, to which he is chargeable is greatly oversubscribed. The files further show that the alien is married and that his wife and child, who is 6 years of age, reside in Palestine. He has testified that during the past 5 months he has placed orders with the International Trade Facilities Corporation of New York for goods for export in the amount of $10,000; that prior to coming to the United States he had conducted an import business in Palestine through the Fadem Associates of New York and had placed with that firm orders in the amount of $100,000. His nephew is president of that firm. He further stated that his income is approximately $1,500 a year. The record discloses nothing adverse to the alien's character or reputation. The facts of this alien's case are not unlike those of a great many others who are precluded from permanent residence in the United States by oversubscribed immigration quotas, and no reason appears why he should be granted preferment denied to others. Accordingly, this Department is unable to recommend the enactment of the bill. Sincerely yours, PEYTON FORD, Mr. Celler, the author of the bill, and three persons who are the business associates of the beneficiary of the bill appeared before the Subcommittee on Immigration and Naturalization, urging that consideration be given to the difficulty of Mr. Fadem's legal position and the merits of the case and recommending the passage of the measure. In addition, Mr. Celler submitted the following memorandum: Mr. Fadem, for whom relief is sought, is a man who finds himself in the position of being without a legal resident country. He fled the Nazi terror in Poland, the land of his birth, and escaped to Palestine. After living in Palestine for some time, he obtained a temporary visa to come to the United States for matters of business. Upon completion of his business, he sought to return to Palestine to rejoin his wife and child. The British authorities refused to grant him a reentry visa. Various appeals to the consulate and Home Office were denied, both by the British Passport Control Office in New York and the authorities of the Government of Palestine. He had no reason to suspect at the time he left Palestine that he would not be granted a reentry visa, which refusal by the British authorities is based on overstay of original entry. He cannot return to Poland, since his anti-Communist views are well known. Testimony given in his behalf before the Subcommittee on Immigration by Dr. George St. Novak, formerly vice president of the National Bank of Economy of Warsaw, presently president of the Intercontinental Trade Facilities Corporation, which employs Mr. Fadem, and similar testimony given by former Lt. Col. Stephen Jedrzejewski, of the Polish General Staff, and now associated with the same company, reveal that Mr. Fadem is a trustworthy, sincere, and hard-working man, with integrity of purpose. They testified, as well, that they know his opposition to the present Polish regime and stated that he would undoubtedly face grave risks were he to be compelled to return to Poland. In my estimation, Mr. Fadem would be a worthy citizen of our country, grateful for the opportunity to remain here and pick up the broken threads of his life which had been forced upon him by circumstances beyond his control. Victimized first by one form of totalitarianism and now threatened by another should he be compelled to return to Poland, Mr. Fadem merits our most favorable consideration. It would be callous disregard of the value of an individual life were we to fail to pass H. R. 4372. |