Section 5 is O. K., if this kind of a bill is to be put into effect, providing that it be understood that the record made of these hearings show, in the event the bill is enacted, the intention of those who did enact it that there was to be no substitution of this bill for the existing law, except as specifically indicated.

Section 6 is O. K., and we are in favor of it.

Section 7 is no good. It contains entirely too much discretion. If there should be discretion given as to those who entered between the dates stated therein, we believe that should be done under the provisions of S. 2845, introduced by Senator Copeland. If there is a hardship case, that bill will take care of it, and we are willing to go along with the provisions of such a bill. We believe those aliens who have American children, who entered prior to July 1924, and have lived continuously in the United States, and are of good character, should not be subject to deportation.

Section 8 is O. K., in our opinion, except as to the application of subsection (b) of section 2.

Section 9 of the act is very, very bad, in that it will give entirely too much discretion to the Bureau of Immigration and Naturalization and the Department of Labor. If there are to be 100 admitted, there might be equally good reasons why there should be 2,000. There is no limitation as to races, as to concepts of government, or anything of the kind. We believe that section is particularly bad and should not be enacted into law.

I thank you for the opportunity of appearing before the committee and hope I have not exceeded 5 minutes.

Senator SCHWELLENBACH. The committee 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.) Senator SCHWELLENBACH. We are ready to proceed.

Mr. SHAUGHNESSY. Mr. Chairman, Captain Trevor and Mr. Rice made the statement that under section 9 of the bill almost any type of an alien could be permitted to remain here, to the extent of 100 for 1 year. That statement was correct and, inasmuch as it was not intended, I offer the following amendment:

On page 6, line 21, after the word "alien" insert the following: not ineligible to citizenship and not subject to deportation for any cause other than having remained in the United States in violation of the act of May 26, 1924 (43 Stat. 153; U. S. C., title 8, sec. 201)." Now, with that amendment, the bill expresses the purpose of the author of the bill.

Senator SCHWELLENBACH. What is the statute to which you refer? Mr. SHAUGHNESSY. That is the act of 1924. The only ground upon which these persons would be permitted to remain here would be those who are subject to deportation solely on the ground of having remained over the time. In other words, it would not be the Communists to which Captain Trevor referred, or persons ineligible to citizenship, who would remain here under that section. I think that will overcome the objections of those two gentlemen.

16022-37-pt. 2- -6

STATEMENT OF JAMES H. PATTEN, WASHINGTON, D. C., REPRESENTING THE COMMANDERY GENERAL SONS OF AMERICA, THE IMMIGRATION RESTRICTION LEAGUE OF BOSTON, THE NEW YORK STATE COUNCIL OF THE JUNIOR ORDER OF UNITED AMERICAN MECHANICS, THE FRATERNAL PATRIOTIC AMERICANS, THE PATRIOTIC CIVIC AMERICAN ALLIANCE, AND THE GENERAL BOARD OF PATRIOTIC SOCIETIES

Senator SCHWELLENBACH. You may state your name and whom you represent.

Mr. PATTEN. My name is James H. Patten. I represent the Commandery General Sons of America, the Immigration Restriction League of New York, the New York State Council of the Junior Order of United American Mechanics, the Fraternal Patriotic Americans, the Patriotic Civic American Alliance, and the General Executive Board of Patriotic Societies.

Senator SCHWELLENBACH. Your residence is here in Washington? Mr. PATTEN. I have a residence here, but my legal residence is in South Carolina.

Senator SCHWELLENBACH. You may proceed.

Mr. PATTEN. The membership that I represent, Mr. Chairman, are very much opposed to legislation like H. R. 6391, introduced in the House of Representatives on the afternoon of April 14, favorably reported by the House committee the next forenoon, and passed by the House under a special rule without a record vote on June 10, 1937. Senator SCHWELLENBACH. Let us get this straight. I take it that your purpose in making the statement that it was introduced one afternoon, favorably reported the next day, and passed shortly afterward, was to indicate that it was rushed through the House?

Mr. PATTEN. No hearings were held on it. It was a new draft, and all the other drafts had been over a period of about 4 years.

Senator SCHWELLENBACH. That is quite customary. The House committee did hold hearings upon the subject of this bill, did it not? Mr. PATTEN. The committee held hearings on a bill by Congressman Dies, H. R. 5573.

Senator SCHWELLENBACH. In order that there may be no mistake about it, because the Members of the Senate resent imputations upon the other body of Congress, I will place in the record at this time the hearings held in the House.

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

TO AUTHORIZE THE PROMPT DEPORTATION OF CRIMINALS AND CERTAIN OTHER ALIENS, AND FOR OTHER PURPOSES

HOUSE OF REPRESENTATIVES,

COMMITTEE ON IMMIGRATION AND NATURALIZATION,

Washington, D. C., April 8, 1937.

The committee met at 10:30 a. m., Hon. Samuel Dickstein (chairman) presiding. The committee had under consideration H. R. 6391 and H. R. 5573, which are as follows:

"[H. R. 6391, 75th Cong., 1st sess.]

"A BILL To authorize the prompt deportation of criminals and certain other aliens, and for other purpose "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 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 enctment 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 aliens 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), for 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 in 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, prostitutes, procurers, or other 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 a 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 permitted to remain in the United States pursuant to this section in the preceding calendar year, together 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 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."

"[H. R. 5573, 75th Cong., 1st sess.]

"A BILL To authorize the prompt deportation of criminals and certain other aliens

"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; U. S. C., title 8, secs. 155, 156), as amended, regardless of when he entered, if he

"(1) At any time after entry is convicted of an offense, which may be punished by imprisonment for a term of one year or more, or of a crime involving moral turpitude, the said deportation to be made by the Secretary of Labor forthwith at the time he is released from confinement, or is placed upon probation, or is pardoned; or

"(2) Has been convicted of possessing or carrying any concealed or dangerous weapon; or

"(3) Knowingly possesses or carries any weapon which shoots or is designed to shoot, automatically or semiautomatically, more than one shot without manual reloading, by a single function or trigger; or

"(4) Has been convicted of violation of a State narcotic law; or

"(5) Knowingly encouraged, induced, assisted, abetted, or aided anyone to enter or try to enter the United States in violation of law; or

"(6) Does not within one year after the enactment of this Act, or if he enters thereafter does not within one year after entry, declare his intention to become a citizen of the United States and fails to use due diligence to become a citizen of the United States: Provided, That this particular provision shall not apply to nonimmigrant aliens admitted temporarily under section 3 and to nonquota immigrant aliens admitted temporarily under section 4 of the Immigration Act of May 26, 1924, so long as the said nonimmigrant and nonquota immigrant aliens maintain the temporary admission status under which they were admitted; or

"(7) Is a member of or affiliated with any organization which, or any alien who, believes in, advises, advocates, or teaches (1) the overthrow by force or violence of the Government of the United States; or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or officers generally) of the Government of the United States or of any other organized government, because of his or their official

character; or (3) the unlawful damage, injury, or destruction of property; or (4) sabotage; or (5) a doctrine which advocates the overthrow by force cr violence of governments, constituted authority, or social order, existing in countries not under the control of Communists or Fascists and the establishment in place thereof of (a) a regime termed either 'proletarian dictatorship' or 'national or state socialism' or 'totalitarian state' or (b) a system based upon either common ownership of property and abolition of private property or social control of all private property provided that the platform, program, and the objectives of the Third International, the Communist International, the Fascist Grand Council, or National Socialist Labor Party shall be held to embrace the said doctrine. No alien shall be held to be a Communist or Fascist under the provisions of this Act if he shall prove that he became a member of such organization on account of fear, duress, compulsion, misrepresentation, or fraud.

"SEC. 2. 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. 3. Any employee of the Immigration and Naturalization Service shall have power to detain for investigation any alien who he has reason to believe is subject to deportation under this or any other Act. Any alien so detained shall be immediately brought before an immigrant inspector designated for that purpose by the Secretary of Labor and shall not be held in custody for more than twenty-four hours thereafter unless prior to the expiration of that time a warrant for his arrest is issued.

"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 foregoing provisions of this Act with the exception of parts of sections 2 and 3 and all of section 8, are in addition to and 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 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."

The CHAIRMAN. The committee will now take up H. R. 5573, a bill introduced by Mr. Dies, to authorize the prompt deportation of criminals and certain other aliens.

STATEMENT OF HON. MARTIN DIES, MEMBER OF CONGRESS FROM THE STATE OF TEXAS

Mr. DIES. Mr. Chairman, I appreciate the opportunity to present briefly my arguments in favor-well, I will not say in favor of this bill, because I realize that whatever measure is reported out of this committee ought to be reported out under the name of some member of this committee.

It seems to me that recent developments have shown beyond any question that it is imperative for the Federal Government to take some vigorous action to rid this country of a radical and undesirable element which is inspiring and directing lawless movements in the United States, whose members have escaped deportation up to this date. What is occurring in many sections of this country demonstrates that there are aliens in the United States, some who come for permanent residence, some who come under temporary visas, some who are smuggled into the United States-aliens whose primary purpose is to foment discord in the United States. I think the work of this committee has perhaps convinced the members of the committee that foreign money is being used by various governments to build up strong followers in the United States. We all know what occurred prior to the World War. Money was appropriated by various governments for propaganda purposes in the United States. Europe is on the verge of another great conflict. Each nation is contending for as many allies as possible. All of those nations have nationals in the United States. And they are again struggling to gain predominant influence in this country so as to have the benefit of our support in the next conflict.

I have undertaken to prepare a bill for the basis of consideration which would deal with as many matters that are not controversial as possible. This bill does