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Labor under the seventh proviso discretion that was never intended to be used for any such preexamination procedure purpose.

While we are on this particular subject, I have here a true copy a letter which enumerates thirty-four moral-turpitude criminals so admitted by the present Secretary of Labor. This list was first obtained from the Department of State officials on December 9, 1937, by the subcommittee on appropriations of the House, and is to be found on page 47 of the printed hearings of that committee. These aliens were admitted to the United States by the Secretary of Labor under what is known as the seventh proviso, which is to the effect that an alien who has had 7 years' consecutive domicile here can be admitted by the Secretary of Labor although "otherwise inadmissible.”. Of course the intent of Congress was, it seems to me, as I remember the various debates and discussions at the time, that that domicile should be a legal and a lawful one. I respectfully submit it ought to be so interpreted and in the interest of law-abiding aliens and Americans. Why should an alien with an illegal status here ever be allowed to go to Canada and an arrangement contracted with Canada by any law-enforcement officer whereby the alien law breaker is given a letter assuring that if that alien is admitted to Canada, that such alien will be readmitted to this country under the seventh proviso, regardless of his getting the immigration visa required by the act of 1924?

Let us look at the list and check whether they all have relatives here, because the only attempted defense of such administrative indulgence I have heard has been the prevention of family separation.

Senator Holman. Are such lists as you refer to available to us?

Mr. PATTEN. This list was first obtained by members of the House Subcommittee on Appropriations on December 9, 1937, and is to be found in the printed hearings of that date. The list was furnished by the Department of State, and additional facts about the alien law breakers obtained by Senator Reynolds by correspondence with the Departments of State and Labor.

Senator HOLMAN. All right.

Mr. PATTEN. Senator Reynolds has a much longer and more up to date list of 94 and I understand is getting a still longer list this year.

Take this list of 34 moral-turpitude criminals who were admitted to the United States by the present Secretary of Labor under claimed discretionary authority known as the seventh proviso (sec. 3, act of February 5, 1917), and given to the House Subcommittee on Appropriations. May this list, which is in letter form signed by Mr. Warren of the Department of State with my comment be inserted in this record?

Senator HERRING. All right. (The letter and accompanying list are in full as follows:) Address official communication to the Secretary of State, Washington, D. C. In reply refer to VD 150.07/151.

DEPARTMENT OF STATE,

Washington, March 3, 1938. MY DEAR SENATOR REYNOLDS: I have received your letter of February 28, 1938, and in accordance with the request contained therein I am enclosing a list of the names of the 34 aliens mentioned by my predecessor, Mr. John Farr Simmons, in his testimony before the subcommittee of the Committee on Appropriations of the House of Representatives on December 9, 1937.

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The Secretary of Labor has notified the Department in each case that the alien concerned may be readmitted into the United States under the discretionary authority conferred upon her by the seventh proviso in section 3 of the Immigration Act of 1917, notwithstanding the criminal records of the aliens, and the American consular officers in Canada to whom the aliens were applying, or to whom they expected to apply, for immigration visas were notified of the action taken by the Department of Labor in each case.

The crimes committed by the aliens are listed opposite their names. However, in connection with some of the crimes listed as perjury it may be pointed out that such offenses, involving willful false appearing, occurred in connection with violations of the immigration, naturalization, or passport laws of the United States. In an opinion dated October 13, 1933, the Attorney General confirmed the views of this Department that such perjury must be considered to be a crime involving moral turpitude, which would have precluded the issuance of immigration visas by the consular officers to the aliens concerned, in the absence of the action taken by the Secretary of Labor under her discretionary authority. Sincerely yours,

(Signed) A. M. WARREN,

Chief, Visa Division. Enclosure: List of aliens and crimes.

LIST OF CRIMINAL SEVENTH PROVISO CASES MENTIONED BY MR. JOHN FARR SIMMONS,

CHIEF, VISA DIVISION, DEPARTMENT OF STATE, IN TESTIMONY BEFORE THE SUBCOMMITTEE OF THE HOUSE COMMITTEE ON APPROPRIATIONS ON DECEMBER 9, 1937

Michael Fedorko: Forgery (passport fraud not admitted by alien); perjury.
Pietro Lorusso: Forgery (passport fraud).
Oscar S. Johnson (or Johansson): Conspiracy and extortion.
Archibald Edward McClarty: Theft.
Lawrence Arthur McClelland: Statutory rape.
James Theodore Johnson: Aiding and abetting shoplifting.
Fernando Fini: Perjury (naturalization fraud).
Thomas Edward Coogan: Perjury (visa fraud).
John L. Anthony: Theft.
Francesco Collo: Manslaughter.
George Arthur Ingoldby: Perjury (passport fraud).
Daniel Harry Berliner (United States wife): Perjury (passport fraud).

Carmelo Roman (no near relative in United States): Perjury (naturalization fraud).

Karl Eder (alien wife in United States): Perjury (naturalization fraud).

Friedrich Schlirf (no near relative in United States): Perjury (naturalization fraud).

Giovanni Caruso (sister in United States): Perjury (naturalization fraud).

Lipman Kufheiser (sister in United States at Charleston, S. C.): Perjury (naturalization fraud).

Lillian Flake (United States husband): Theft (two convictions).
Joseph Ichtertz (United States wife): Theft.
Szozepan Adomozyk: Bigamy.

Shershel Kushelewich (uncle and two cousins in United States): Forgery (uttering counterfeit visas).

Joseph Michaud (Raoul Seraphin Michaud) (alien wife in United States): Perjury and forgery (visa fraud).

Samuel Engler: Perjury and forgery (visa fraud).
Russel M. Martin: Theft.
Fredrich L. H. Amberger (United States wife): Embezzlement; manslaughter.
Anton Glavicich: Perjury (naturalization fraud).
Salvatore Mandale: Forgery and perjury (uttering counterfeit visa and natu-
ralization fraud).

Camile Neuenschwander (United States wife): Perjury (naturalization fraud).
Peter Gluech: Perjury (visa and naturalization fraud).
Sergio Di Terlizzi: Perjury (visa fraud).
Leonard J. Martel (alien wife in United States): Perjury immigration fraud).

Herman Salinger: Forgery and perjury (uttering counterfeit visa and naturalization fraud).

Joseph H. Kendall (United States wife, whereabouts unknown): Perjury and forgery (visa fraud).

John Kulla: Theft (a kleptomaniac and known to be such by Department of Labor officials).

*

*

(Comment: Information in parentheses was obtained by letter by Senator Reynolds from the Department of Labor. The House Subcommittee on Appropriations in March 1939 requested a complete list of all seventh proviso admissions which will include illiterates as well as moral turpitude criminals.) In a letter (December 22, 1937) to Senator Reynolds, Commissioner Houghteling wrote: "We do not record statistics concerning aliens who have been accorded the privilege of preexamination on the basis of visa petitions and whose records disclose perjury, forgery, or embezzelement"

but “I had a check made, and it was found that 12,835 were approved and forwarded to the Department of State between February 1, and December 1, 1937.")

Assistant Commissioner Shaughnessy told the House Subcommittee on Appropriations January 27, 1938, that of 502 of the 3,982 stayed deportations 257 were granted preexamination to go to Canada (hearings, p. 255), and that aliens illegally or unlawfully in the United States were sent to Canada daily and also that "hundreds” were (p. 254) allowed to go and given letters assuring their readmission to the United States even though they were unable to get from consuls of the Department of State stationed in Canada the immigration visa required for their admission to the United States by section 13 (a) of the Immigration Act of 1924. Every one of the above 34 alien criminals were readmitted to the United States by the Secretary of Labor who ordered their readmission under the 80-called seventh-proviso discretion (sec. 3 of the Immigration Act of 1917) “to an unrelinquished 7 consecutive years' United States domicile," although that domicile was an illegal, unlawful domicile.

Commissioner Houghteling in a letter dated March 25 addressed to Senator Reynolds admits that these 34 aliens "furnish numerous typical cases of preexamination and seventh proviso classes” and that "it would be impracticable, because we do not have the clerical force" and that it would take an act of congress to prepare "a similar list of all such aliens guilty of moral turpitude crimes where inadmissibility has been waived by the Secretary of Labor.”

Mr. PATTEN. May I call attention on this list to Carmelo Roman, guilty of perjury, who has no near relative in the United States at all and yet is rated a hardship case and entitled to administrative indulgence? What reason on earth is there for taking an alien, who has gained entrance into the United States by fraud and collusion, by perjury, and sending him to Canada to legalize his illegal domicile here, when he has no near relative in the United States, and all his relatives are in some foreign land? Why stay the deportation of such an alien until his illegal domicile has run into the 7 years necessary for seventh-proviso indulgence?

Senator REYNOLDS. And then bringing him back into the United States.

Mr. PATTEN. Absolutely. And when the Department of State refuses to give him an immigration visa until his admissiblity is certified to by the Secretary of Labor and the consuls of the State Department are thus compelled to reverse themselves in their effect to keep out criminals.

And this is only 34 cases, and not all that have been admitted to our country under this Canadian preexamination arrangernent for permanent residence and citizenship by the Department of Labor.

Mr. HOUGHTELING. If this case is going to be put in the record, I would like to put the whole story into the record.

Senator HERRING. You will bring these to the committee.

Mr. PATTEN. Here on the list is Friedrich S-c-h-l-i-r-f, who has no near relative in the United States. I don't know what the story about Friedrich is, but he, or is it she, committed perjury and was guilty of naturalization frauds and might well be with his relatives abroad.

Lipman Kufheiser on the list has only a sister in the United States. A sister here seems to be the only reason for letting this man guilty of perjury and naturalization fraud legally back into the United States. Kushelewich, another on the list, who has the first name of Shersel, has only an uncle and two cousins in the United States, who would suffer such hardship the law must not be enforced against him.

Senator STEWART. That is a hardship?

Mr. PatTEN. An awful cruel heartless family separation case, apparently, as if we do not tear our citizen families apart when we send someone to the penitentiary in order to protect the public and prevent law breaking and crime. Here is another hardship case.

Senator REYNOLDS. You mean, a so-called hardship case.

Mr. PATTEN. Yes. Now here is Joseph H. Kendall, guilty of perjury and forgery, who has only a United States wife here whose whereabouts are unknown. And here is McClelland, a rapist, Collo, à manslaughterist, and Adam Czyk, a bigamist, all sent (I say, instead of allowed to go) to Canada, refused visas by our consuls and admitted by the present Secretary of Labor under the seventh proviso discretion, and by a special arrangement she negotiated with Canada whereby a letter is given to the alien assuring Canadian immigration officials if the alien is admitted to Canada he will be readmitted to the United States with or without the immigration visa required by the act of 1924 which is subsequent to the act of 1917 containing the discretionary authority. And so forth and so on; these are hardship cases, but only 34 of them.

Mr. HoughTELING. I would like to file a statement on those. Senator HERRING. We will enter it into the record at this place.

The witness has referred to certain of the 34 cases in which the seventh proviso of section 3 of the 1917 Immigration Act has been invoked in favor of aliens whom he describes-in some cases inaccurately—as "hardship case." To show the bias of this witness I desire to point out that the first 3 cases mentioned by him, Carmelo Roman, Frederich Schlirf and Lipman Kupheiser, were cases in which Special consideration was granted to the aliens because of their assistance to the Immigration and Naturalization Service in securing the conviction of racketeers in naturalization frauds. All of these aliens were persuaded by racketeers to apply for naturalization on fraudulent statements of eligibility. Because of their share in these transactions they became legally excludable from reentry after deportation; but because of their cooperation with the Service in important measures to break up and punish widespread fraudulent practices, special consideration was afterward given them by allowing them to leave the country without deportation. In view of the fact that all of these aliens had unrelinquished domiciles of over 7 years' standing in the United States the seventh proviso was invoked as a legal means of waiving their excludability because of their participation in naturalization frauds. It is obvious that none of these cases were classified as “hardship cases,” because none of the aliens could show close relationship to American citizens.

I feel that a statement of a few of the factors (selected by me) in the remainder of these cases may unintentionally be as completely unfair as is their characterization by the witness on the basis of a few other selected factors chosen by himself. For that reason I believe it is more satisfactory to submit the entire files of these aliens to the committee for their careful consideration, and I am therefore sending them to the clerk of the committee. In doing so, however, I wish to point out that our handling of these cases has very little to do with the merits of the bills now under consideration.

James L. HOUGHTELING,

Commissioner of Immigration and Naturalization. Mr. PATTEN. I have prepared a statistical table, covering the first 13 years of the quota law of 1924, which shows that during those 13 years there were 534,791 visitors "for pleasure." The table is compiled from official statistics of the Department of Labor, and it shows that there were also visitors for business, 224,635, making 759,396 all told. Visitors are 2 of the 5 classes of section 3 or nonimmigrant aliens under the act of 1924. Every one of these 5 classes of section 3 or nonimmigrant aliens swears when he enters that he is coming for a temporary purpose, has his return trip ticket, and that just as soon as his temporary mission is fulfilled he will depart from the United States, and that he will do nothing to change his temporary admission status. The indulgent attitude of the present Department of Labor administration in making hardship cases seems to me—that indulgence does-encourage aliens to take advantage of their temporary admission status to evade the law and get in permanently.

Mr. HoughTELING. To do what?

Mr. PATTEN. To change their temporary admission status into a permanent admission status. It is much easier to enter for a temporary purpose, than for permanent residence because, as I understand the applicant does not have to submit to the police inspection record or examination the applicant for permanent admission does.

Mr. HoughTELING. Well

Mr. PATTEN. I can't see any other effect such administrative indulgence could have except to encourage others to go and do likewise instead of entering regularly and lawfully.

Mr. HOUGHTELING. Mr. Chairman.
Senator HERRING. Yes, sir.

Mr. HOUGHTELING. No alien admitted as a visitor under any one of these classes can become an immigrant without going out of the country and securing an immigration visa. Some of these visitors may have overstayed and may be here illegally, and the Immigration Service is on the lookout fo those and is constantly checking its record and keeping in touch with students and other visitors legally admitted as such under the law, to be sure that they do not change their status, and that they leave at the end of their visit. In the cases where they don't leave, we go out, to the best of our ability, and find those people and deport them.

Mr. PATTEN. Senator Reynolds gave an example of a lady admitted as a visitor 7 years ago who is still with us and apparently expects to be as long as she lives.

Senator REYNOLDS. I have another one here right now.

Mr. PATTEN. I have read time and again since March 4, 1933, about how the rules and regulations of the Department of Labor have been revised and made more humane in regard to students and visitors as well as all other alien lawbreakers, and law evaders, and that has allowed more to remain evasively.

Senator REYNOLDS. Now, Mr. Chairman, may I put

Senator HERRING (interposing). Let us have the letters, rather than the comments on them. I think it is better to have the facts on those records, rather than the observations.

Senator REYNOLDS. May I introduce this case as taken from the records? This is a party by the name of Rona Khabbez

Mr. HOUGHTELING (interposing). We have the record.

Senator REYNOLDS. No. 755868–756, classification No. 1. She came in on a visitor's permit on January 11, 1932, good for 6 months. Now, a few days ago the Department of Labor recommended that action be withheld, or action be "held in abeyance,” according to their employment, for 1 year from February 14, 1939.

This is quite a lengthy case, and that is the reason I did not want to put it all in, but I want to refer to it.

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