shall make a satisfactory showing to the Commissioner General of Immigration, in accordance with regulations prescribed by the Commissioner General of Immigration, with the approval of the Secretary of Labor, that he

(1) Entered the United States prior to July 1, 1924;

(2) Has resided in the United States continuously since such entry;

(3) Is married to and is living with a citizen of the United States to which union has been born in the United States one or more children;

(4) Is a person of good moral character; and

(5) Is not subject to deportation.

The Acting Commissioner,

That creates an additional list of cases. sitting on my left, will check me up if I make a misstatement. I would like to have this bill reported favorably.

Senator SCHWELLENBACH. Senator Copeland has been trying to get that sort of legislation for a long time.

Mr. MCVAY. Right.

Senator SCHWELLENBACH. And has succeeded on several occasions in getting it through the Senate.

Mr. MCVAY. Right.

Senator SCHWELLENBACH. It has not been possible to get it through the House.

Mr. McVAY. Right.

Senator SCHWELLENBACH. I think, in view of the past attitude of the House, we would have the same difficulty now.

Mr. McVAY. You are a pessimist and I am an optimist. I will bet my right arm against 10 cents that if the Senate committee will report S. 2845 favorably I will get it through the House and get the President to sign it within the next 10 days.

Senator COPELAND. As this bill is now written an unmarried woman or unmarried man who entered prior to July 1, 1924, could not be received.

Mr. MCVAY. No.

Senator SCHWELLENBACH. Your bookkeeper could not come in. Senator COPELAND. NO.

Mr. McVAY. While I was an immigration inspector I went out to check up on the case of an alien. I talked to the father, who had an American Legion button in his lapel, and I had one. He had a daughter 7 years of age. The mother was there. He arrived in the United States between June 3, 1921, and July 1, 1924, but he had been in the United States prior to that. He was in the hospital with me in France, a disabled veteran, and I went to see him as immigration inspector.

The little daughter came over to me and said "Inspector, is that the same kind of a button my daddy wears?" I said, "Yes.' The chairman of this committee also wears that button. She said, "Are you going to send my daddy back home to"-whatever country he came from. I was a sworn officer of the Government. I could not let sentiment enter into it. The man was not deportable. I told him The little girl said, "Mr. Legionnaire, won't you please try to help my daddy become an American citizen?" I am here now pleading for that 7-year-old girl and her alien daddy. Please report this bill out.

So.

On July 29, 1937, I wrote the following letter to the chairman of the Senate and House Immigration Committees:

Attached please find copy of S. 2845, introduced by Senator Copeland of New York, in the Senate on July 26, 1937.

16022-37-pt. 2- -3

The purpose of this bill is to amend the so-called Alien Registration Act, in order that certain aliens may be granted the citizenship privileges afforded by this act. Certain aliens, who arrived in the United States prior to July 1, 1924, have married women who are citizens of the United States and to these unions have been born children who are citizens of the United States. Due to a peculiar quirk of our immigration laws, these aliens-husbands of women who are citizens of the United States and fathers of children who are citizens of the United Statesare technically barred from legalizing their residence in the United States and becoming citizens of the United States; and the purpose of this bill is to clarify this peculiar situation and grant that particular class of aliens the right to apply for a certificate of registration or a certificate which will legalize their residence in the United States and get them started on their way to citizenship in order that their wives may be able to look upon their husbands and the children upon their fathers as prospective citizens of the United States.

This is the entire purpose of this act. In connection therewith, please be advised that the intent and purpose of this bill is endorsed by the American Legion, the Veterans of Foreign Wars, the Military Order of the World War, the Military Order of Foreign Wars of the United States, the Army and Navy Union, the United Spanish War Veterans, the Disabled American Veterans of the World War, the Navy League of the United States, the Immigration Restriction League, the Order of Ahepa, and the American Federation of Labor. In fact, it is endorsed by the entire group representing the veterans' organizations, patriotic societies and others who are interested in true Americanism.

Copies of this letter will be forwarded to all members of the Senate Immigration Committee, the House Immigration Committee, the Hon. Frances Perkins, Secretary of Labor, the veterans' organizations, patriotic societies and others who are interested in trying to correct this iniquity which exists in our present immigration laws. If we are going to talk about Americanism, let us legislate for Americanism and, by having this particular act enacted at this session of Congress, then the members of the Seventy-fifth session of Congress will be carrying out an Americanization program.

Senator SCHWELLENBACH. There are a number of witnesses here from New York who would like to return home, and I think we should try to accommodate them. We will recess until 2 o'clock. (Whereupon, at 12 noon, a recess was taken until 2 p. m.).

AFTER RECESS

(At the expiration of the recess the hearing was resumed.)

STATEMENT OF MRS. CECILIA R. DAVIDSON, REPRESENTING THE NATIONAL COMMITTEE OF JEWISH WOMEN, NEW YORK CITY

Senator SCHWELLENBACH. Mrs. Davidson, you may proceed, first giving your name and residence.

Mrs. DAVIDSON. My name is Cecilia R. Davidson. I represent the National Committee of Jewish Women, with offices at 1819 Broadway, New York City.

Mr. Chairman, our organization is interested in the Dies bill, H. R. 6391, for the reason that for a number of years, in connection with our work in naturalization and education of foreigners, we have come in contact with aliens who have had difficulty in becoming naturalized. Some of them have been subject to deportation because they entered the country without certificates, or entered without changing their status, or entered as students, and did not return to their native land again.

In conjunction with other societies interested in the welfare of these people, particularly because they have American citizen relatives, we have been urging the passage of some legislation which will grant discretion to a proper body to study these cases, and to permit those persons who have a good moral character, who have American citizen

relatives, who have lived here long enough to establish residence here, to remain in this country and eventually become American citizens. We were in favor of the Kerr-Coolidge bill and would have liked to see it passed and become law. With other societies we have been urging such legislation for 4 years, and most certainly hope that at this session of Congress the bill will eventually become law.

There were a number of statements made this morning to which I would like to refer. We regret very much that the discretion was limited to a period of 4 years. We believe that, as long as discretion is granted to criminals who have been sentenced for crime, it should also be granted to individuals who are not criminals but who have violated technical provisions of the immigration laws. However, if this 4-year period proves unworkable-and we believe it will-we hope that discretionary legislation will become permanent legislation on our statute books. It is very difficult for any human being to administer a drastic law-and our deportation legislation is drastic-without permitting some discretion in special cases.

A question was raised this morning which particularly interested me with regard to our bringing immigrants into this country. For a number of years, over 50 years, we received thousands upon thousands each year. Those people left behind them in Europe part of their families, and for the last 25 years there has been, with the exception of the period during the war, a constant reunion of these separated families. There are still numbers of people abroad who are close relatives of persons admitted here for permanent residence, who want to rejoin their relatives, but cannot because the quotas for their countries are limited, especially the smaller countries. Therefore, we still have each year a small number of immigrants coming into the country, because for the most part these people are rejoining close relatives in the United States. I cannot foresee the time in the history of this country when we will not permit wives and children of persons legally domiciled in this country to join their close relatives. That would be against the fundamental principle of everything we hold dear in this country-family rights and the right of a man to have his family with him, provided he is a person of good moral character.

The question was raised here as to whether any other country in the world receives immigrants at this time.

Senator SCHWELLENBACH. Before you get to that, let me ask you a question. I can recognize the force of your argument as it applies to those people who came in prior to the adoption of the restrictive policy by this country; but take a man who left his family in some other land since the time our Government has adopted a restrictive policy. Do you think he has a right, when he came here knowing that the policy of our Government was not only restrictive but tending toward greater restriction, to say to this country: "I am here, and you must permit me to bring my family here"?

Mrs. DAVIDSON. If he entered illegally?

Senator SCHWELLENBACH. No; if he entered legally. You say the American principle is one of protection to the family, and that is true. But certainly, if it was a voluntary act upon the part of the father who came to this country and caused the separation of the family, and if that voluntary act occurred in the face of the declared policy of our Government that we were going to restrict immigration and our policy tended toward further tightening of immigration restrictions,

The purpose of this bill is to amend the so-called Alien Registration Act, in order that certain aliens may be granted the citizenship privileges afforded by this act. Certain aliens, who arrived in the United States prior to July 1, 1924, have married women who are citizens of the United States and to these unions have been born children who are citizens of the United States. Due to a peculiar quirk of our immigration laws, these aliens-husbands of women who are citizens of the United States and fathers of children who are citizens of the United Statesare technically barred from legalizing their residence in the United States and becoming citizens of the United States; and the purpose of this bill is to clarify this peculiar situation and grant that particular class of aliens the right to apply for a certificate of registration or a certificate which will legalize their residence in the United States and get them started on their way to citizenship in order that their wives may be able to look upon their husbands and the children upon their fathers as prospective citizens of the United States.

This is the entire purpose of this act. In connection therewith, please be advised that the intent and purpose of this bill is endorsed by the American Legion, the Veterans of Foreign Wars, the Military Order of the World War, the Military Order of Foreign Wars of the United States, the Army and Navy Union, the United Spanish War Veterans, the Disabled American Veterans of the World War, the Navy League of the United States, the Immigration Restriction League, the Order of Ahepa, and the American Federation of Labor. In fact, it is endorsed by the entire group representing the veterans' organizations, patriotic societies and others who are interested in true Americanism.

Copies of this letter will be forwarded to all members of the Senate Immigration Committee, the House Immigration Committee, the Hon. Frances Perkins, Secretary of Labor, the veterans' organizations, patriotic societies and others who are interested in trying to correct this iniquity which exists in our present immigration laws. If we are going to talk about Americanism, let us legislate for Americanism and, by having this particular act enacted at this session of Congress, then the members of the Seventy-fifth session of Congress will be carrying out an Americanization program.

Senator SCHWELLENBACH. There are a number of witnesses here from New York who would like to return home, and I think we should try to accommodate them. We will recess until 2 o'clock. (Whereupon, at 12 noon, a recess was taken until 2 p. m.).

AFTER RECESS

(At the expiration of the recess the hearing was resumed.)

STATEMENT OF MRS. CECILIA R. DAVIDSON, REPRESENTING THE NATIONAL COMMITTEE OF JEWISH WOMEN, NEW YORK CITY

Senator SCHWELLENBACH. Mrs. Davidson, you may proceed, first giving your name and residence.

Mrs. DAVIDSON. My name is Cecilia R. Davidson. I represent the National Committee of Jewish Women, with offices at 1819 Broadway, New York City.

Mr. Chairman, our organization is interested in the Dies bill, H. R. 6391, for the reason that for a number of years, in connection with our work in naturalization and education of foreigners, we have come in contact with aliens who have had difficulty in becoming naturalized. Some of them have been subject to deportation because they entered the country without certificates, or entered without changing their status, or entered as students, and did not return to their native land again.

In conjunction with other societies interested in the welfare of these people, particularly because they have American citizen relatives, we have been urging the passage of some legislation which will grant discretion to a proper body to study these cases, and to permit those persons who have a good moral character, who have American citizen

relatives, who have lived here long enough to establish residence here, to remain in this country and eventually become American citizens. We were in favor of the Kerr-Coolidge bill and would have liked to see it passed and become law. With other societies we have been urging such legislation for 4 years, and most certainly hope that at this session of Congress the bill will eventually become law.

There were a number of statements made this morning to which I would like to refer. We regret very much that the discretion was limited to a period of 4 years. We believe that, as long as discretion is granted to criminals who have been sentenced for crime, it should also be granted to individuals who are not criminals but who have violated technical provisions of the immigration laws. However, if this 4-year period proves unworkable—and we believe it will—we hope that discretionary legislation will become permanent legislation on our statute books. It is very difficult for any human being to administer a drastic law-and our deportation legislation is drastic-without permitting some discretion in special cases.

A question was raised this morning which particularly interested me with regard to our bringing immigrants into this country. For a number of years, over 50 years, we received thousands upon thousands each year. Those people left behind them in Europe part of their families, and for the last 25 years there has been, with the exception of the period during the war, a constant reunion of these separated families. There are still numbers of people abroad who are close relatives of persons admitted here for permanent residence, who want to rejoin their relatives, but cannot because the quotas for their countries are limited, especially the smaller countries. Therefore, we still have each year a small number of immigrants coming into the country, because for the most part these people are rejoining close relatives in the United States. I cannot foresee the time in the history of this country when we will not permit wives and children of persons legally domiciled in this country to join their close relatives. That would be against the fundamental principle of everything we hold dear in this country-family rights and the right of a man to have his family with him, provided he is a person of good moral character.

The question was raised here as to whether any other country in the world receives immigrants at this time.

Senator SCHWELLENBACH. Before you get to that, let me ask you a question. I can recognize the force of your argument as it applies to those people who came in prior to the adoption of the restrictive policy by this country; but take a man who left his family in some other land since the time our Government has adopted a restrictive policy. Do you think he has a right, when he came here knowing that the policy of our Government was not only restrictive but tending toward greater restriction, to say to this country: "I am here, and you must permit me to bring my family here"?

Mrs. DAVIDSON. If he entered illegally?

Senator SCHWELLENBACH. No; if he entered legally. You say the American principle is one of protection to the family, and that is true. But certainly, if it was a voluntary act upon the part of the father who came to this country and caused the separation of the family, and if that voluntary act occurred in the face of the declared policy of our Government that we were going to restrict immigration and our policy tended toward further tightening of immigration restrictions,