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DEPORTATION OF ALIENS

THURSDAY, AUGUST 5, 1937

UNITED STATES SENATE,
SUBCOMMITTEE OF THE COMMITTEE ON IMMIGRATION,

Washington, D. C. The subcommittee met, pursuant to call, at 10 a. m., in room 412,

, Senate Office Building, Senator Lewis B. Schwellenbach (chairman of subcommittee) presiding.

Present: Senators Schwellenbach (Chairman), Austin, and Andrews.

Present also: Senator Royal S. Copeland, a member of the main committee and Senator from the State of New York; and Senator Robert R. Reynolds, Senator from the State of North Carolina.

Senator SCHWELLENBACH. This is a hearing on H. R. 6391, which passed the House of Representatives on June 10, 1937. I will place

, in the record at this point a copy of the bill.

(Said H. R. 6391 is here printed in full, as follows:)

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(H. R. 6391, 75th Cong., 1st sess.) AN ACT, To authorize the prompt deportation of criminals and certain other aliens, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an alien who entered the United States either from a foreign territory or an insular possession, either before or after the passage of this Act, shall be promptly deported in the manner provided in sections 19 and 20 of the Immigration Act of February 5, 1917 (39 Stat. 889, 890; title 8, secs. 155, 156), as amended, regardless of when he entered, if he

(1) Is hereafter convicted in the United States within five years of the institution of deportation proceedings against him of a crime involving moral turpitude for which the alien is committed to an institution as a result of such conviction; or

(2) Has been convicted in the United States within five years of the institution of deportation proceedings against him of the crime of possessing or carrying any firearm (even if the alien was not sentenced to imprisonment); or

(3) Has been convicted of violation of any narcotic law of any State, Territory, insular possession, or the District of Columbia; or

(4) Knowingly and for gain encouraged, induced, assisted, or aided anyone to enter the United States in violation of law, or on more than one occasion subsequent to the date of the enactment of this Act knowingly encouraged, induced, assisted, or aided anyone to enter the United States in violation of law.

SEC. 2. (a) Except an alien deportable under the Act of October 16, 1918, entitled “An Act to exclude and expel from the United States aleins who are members of the anarchist and similar classes' as amended by the Act of June 5, 1920 (40 Stat. 1012; 41 Stat. 1008; U, S. C., title 8, sec. 137), or the Act of May 26, 1922, entitled “An Act to amend the Act entitled 'An Act to prohibit the importation and use of opium for other than medicinal purposes', approved February 9, 1909, as amended” (42 Stat. 596; U. S. C., title 21, sec. 175), or the Act of February 18, 1931, entitled "An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regulating traffic narcotics'' (46 Stat. 1171; U. S. C., title 8, sec. 156a), or the provisions of the Act of February 5, 1917, entitled “An Act to regulate the immigration of aliens to and the residence of aliens in the United States” (39 Stat. 874; U. S. C., title 8, sec. 156), relating to criminals (unless the crime involving moral turpitude prior to entry relates solely to the fraudulently securing of a visa or passport), prostitutes, procurers, or other

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like immoral persons, or section 1 (3) of this Act, the Secretary of Labor may permit to remain in the United States any alien found subject to deportation if he

(1) Has lived continuously in the United States for period of not less than ten years; or

(2) Has lived continuously in the United States for at least one year and has living in the United States a parent, spouse, legally recognized child (or, if the deportable alien is a minor, and not otherwise falling within either paragraph (1) or (2) of this subdivision, he has a brother or sister) who has been lawfully admitted for permanent residence or is a citizen of the United States.

(b) Not more than three thousand five hundred aliens shall be permitted to remain pursuant to subdivision (a) of this section during the first year following its enactment and not more than one thousand five hundred for each succeeding year: Provided, That no alien shall be permitted to remain in the United States under subdivision (a) of this section after the elapse of four years from the enactment of this Act. Not later than the 1st day of February for each year following the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report giving the name of each alien per nitted to remain in the United States pursuant to this section in the preceding calendar year, toegther with a brief statement of the facts in the case.

(c) Any alien not ineligible to citizenship as to whom there is no record of admission for permanent residence who has been permitted to remain in the United States in accordance with subdivision (a) of this section shall be recorded as admitted to the United States for permanent residence as of the date of the order permitting him to remain upon payment of a fee of $18 to the Commissioner of Immigration and Naturalization, which fee shall be deposited in the Treasury of the United States as miscellaneous receipts.

Sec. 3. The Secretary of Labor may specifically designate persons holding supervisory positions in the Immigration and Naturalization Service to issue warrants for the arrest of aliens believed to be subject to deportation under this or any other statute: Provided, That no person shall act under a warrant issued by himself.

Sec. 4. The Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, shall prescribe rules and regulations for the enforcement of the provisions of this Act.

SEC. 5. The provisions of this Act are in addition to and, except where previous laws are expressly amended, not in substitution for the provisions of the immigration laws (including section 19 of the Immigration Act of February 5, 1917 (39 Stat. 889; U. S. C., title 8, sec. 155)), and shall be enforced as a part of such laws.

SEC. 6. Clause (B) of paragraph (1) subsection (a) of section 6 of the Immigration Act of 1924 (43 Stat. 155), as amended (U. S. C., title 8, sec. 206 (a)), which grants to quota immigrants skilled in agriculture, their wives, and their dependent children under the age of eighteen years a preference within the quota, is repealed.

Sec. 7. Section 1, subdivision (a), clause (1), of the Act entitled "An Act to supplement the naturalization laws, and for other purposes”, approved March 2, 1929 (45 Stat. 1512), as amended, is hereby amended to read: "Entered the United States prior to July 1, 1924.”

SEC. 8. (a) At the end of each fiscal year the Secretary of Labor shall report to the Secretary of State the number and (as determined in accordance with section 12 of the Immigration Act of 1924 (43 Stat. 160; U. S. C., title 8, sec. 212)), the nationality of all aliens who

(1) Were allowed to remain in the United States under section 2, or were registered under section 7; and

(2) Entered the United States on or after June 3, 1921, and were not charged to any quota at the time of their last entry.

(b) The Secretary of State shall deduct the number of aliens so reported from the appropriate quotas (determined in accordance with the provisions of section 11 of the Immigration Act of 1924 (43 Stat. 159; U. S. C., title 8, sec. 211)), for the next succeeding fiscal year, or for later fiscal years if necessary to account for the whole number of aliens so reported.

SEC. 9. During the year following the enactment of this Act, the Secretary of Labor may permit to remain in the United States any alien who has heretofore been temporarily admitted if the alien is found by the Secretary of Labor to be a person whose presence in the United States will promote the cultural, educational, and industrial interests of the people of the United States. The number of aliens so permitted to remain in the United States shall not exceed one hundred, and the

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date of the alien's admission for permanent residence shall be as of the date of the order of the Secretary of Labor permitting him to remain.

Passed the House of Representatives June 10, 1937.
Attest:

SOUTH TRIMBLE,

Clerk. Senator SCHWELLENBACH. I will also place in the record a copy of a report on the bill from the Department of State. (The document referred to is here set forth in full, as follows:)

DEPARTMENT OF STATE,

Washington, July 6, 1937. Hon. RICHARD B. RUSSELL,

Chairman, Senate Committee on Immigration. MY DEAR SENATOR RUSSELL: I have your letter of June 18, 1937, requesting the views of the Department of State in regard to H. R. 6391, a bill having as its expressed purpose to authorize the prompt deportation of criminals and certain other aliens, and for other purposes.

The bill in question is essentially a deportation measure. Deportation matters fall within the exclusive jurisdiction of the Department of Labor, in contrast to strictly immigration questions, which are of direct concern both to that Department and to the Department of State. It is understood that the Department of Labor has given its unqualified endorsement to H. R. 6391 in its present form.

I may therefore express the views of this Department by saying that it accepts the favorable views of the Department of Labor in relation to H. R. 6391.

I may add that section 8 of the bill in question, which refers to certain administrative adjustments to be made by the Secretary of State in relation to immigration quotas, appears to be administratively feasible. Sincerely yours,

CORDELL Hull. Senator SCHWELLENBACH. Senator Copeland bas introduced a number of amendments to the bill, wbich I will place in the record at this point.

(The amendments referred to are here set forth in full, as follows:)

(H. R. 6391, 75th Cong., 1st sess.) AMENDMENTS intended to be proposed by Mr. Copeland to the bill (H. R. 6391) to authorize the

prompt deportation of criminals and certain other aliens, and for other purposes, viz: On page 2, line 1, after the word “turpitude" insert “that is not a petty nature,.

On page 3, line 12, after the word "alien" insert "who entered the United States prior to January 1, 1937, and is”.

On page 3, line 22, strike out the period and insert"; or”.
On page 3, after line 22, insert:

“(3) Is a veteran of the World War eligible to citizenship under the Act entitled 'An Act to authorize the naturalization of certain resident alien World War veterans', approved June 24, 1935. The authority of the Secretary of Labor under this subsection shall not extend beyond three years after the date of the enactment of this Act."

On page 4, after line 20, insert: "(d) În computing continuity of residence in the United States for the purposes of the immigration laws, the continuity of such residence in the case of an alien who has been admitted to the United States for permanent residence shall not be deemed to be broken if such alien has left the United States and has entered either Canada, Cuba, or Mexico for business or pleasure and for a temporary period only and has thereafter re-entered the United States. Hereafter in any such case a permit to re-enter the United States shall not be required.”

At the end of the bill insert the following new sections:

"Sec. 10. Section 1 of the Act entitled 'An Act to authorize the naturalization of certain resident alien World War veterans', approved June 24, 1935 (49 Stat. 397), is amended as follows:

'(a) By striking out the words 'any alien veterans of the World War' contained in the first paragraph and substituting therefor the words 'any veteran of the World War not a citizen of the United States'.

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