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included among those cases. That bill was a successor to a bill in a previous Congress which also failed of passage. By the end of that session a resolution was introduced and passed authorizing us to stay the deportation of those hardship cases. Such a resolution has been

a passed through the Congress at various terms or sessions of Congress.

Mr. Trevor. Will you permit me to interject there?

Mr. TREVOR. Those resolutions have no force whatever in law. They are merely expressions of opinion by one House, and they constitute no reasonable justification for the continuance of those practices. I am sure the Department of Justice would sustain that. Would you contend they have legal force?

Mr. HOUGHTELING. I am one of the few members of the Government service who is not an attorney.

Senator HERRING. I would not want to say anything or have anything said here that would interfere with any department acting in accordance with a resolution of the Senate or House, because they are so seldom acted upon.

Mr. WARREN. That was a joint resolution passed by the House and Senate.

Mr. TREVOR. The law is very specific that certain cases should be deported. The fact remains that there are at least 4,000. The last figure I saw was something like 3,980. Mr. Shaughnessy can give you the exact figure.

Mr. HOUGHTELING. That was a year ago.
Mr. TREVOR. Yes. There may be more now.

Mr. SHAUGHNESSY. There was a total of close to 6,000 in 5 years, and 3,200 have been disposed of.

Mr. TREVOR. When a case comes before the Bureau, there is no investigating force that goes out to determine how many of these people there are. I have reason to believe, but I am not prepared to offer evidence, that there are thousands of these illegal entrants.

May I go on with the testimony?
Senator HERRING. Yes.

Mr. TREVOR. Exception was taken to the requirement that no immigration visa shall be issued to any applicant who shall fail to pass an intelligence test equivalent to a normal rating of American white stock. I think it was said that if the law was properly enforced it would be necessary to enact such a requirement as that.

It is my impression that Senator Reynolds, in drafting these bills, had in mind adding provisions that seemed to be necessary in order to get a better intelligence test of immigrants seeking to come into the United States. It is my impression-I may be wrong, and the

— Commissioner will correct me if I am—that in making the tests, if the person is a moron or ineligible for entry, the actual intelligence test rating they use now is for low-grade immigrants, instead of using normal American stock as the basis for the test. Is that true?

Mr. HOUGHTELING. I do not understand your point.

Mr. TREVOR. The point is that I am contending that normal American white stock ought to be the basis of intelligence, the average rating of American white stock, rather than the low-grade test, which I understand is the gage under which immigrants are now being permitted to enter the United States.

Mr. HOUGHTELING. Do you mean to get a visa?

Mr. TREVOR. Yes.

Mr. WARREN. Those tests are administered by doctors in the Public Health Service, who are ordered to the various consulates abroad, and a physical examination is given to the applicants. The test is prescribed by the Public Health Service.

Mr. TREVOR. But that test is not based on normal American white stock.

Mr. HOUGHTELING. It is to establish whether the applicant is or is not a person suffering from any physical disability.

Mr. TREVOR. And if they get by that test they are admitted.

Senator HERRING. Does not that phraseology apply to some particular race?

Senator HOLMAN. The scientists have their I. Q. tests.
Mr. TREVOR. Yes.

Senator Holman. If we could change that language I think it would improve it. I think the expression in the bill is an unhappy one.

Mr. TREVOR. Any way so that you will raise it from the standard of the present regulation. I am speaking from memory, from having read a report of the Public Health Service. In New York City, if

. you would go to the clinics they have there and see the class of immigrants who have been admitted, you would be shocked. And you can see them in the courts.

Senator HOLMAN. I have in mind going to Ellis Island. I should like to go there. If I should, what would I see? Would I get a cross section?

Mr. TREVOR. No. If you go to the courts in New York City you can see some of these people. If you would like, I will send you a marked copy of testimony of previous hearings regarding tests in relation to this matter. It will show the defects and weaknesses of the present system.

Now, section 5 of this bill or law covers cases of the readmission of aliens for the purpose of securing medical treatment. Under the law the Department is required to exclude people suffering from such diseases as trachoma. In one case a man secured a special ruling from the Secretary of Labor by which he was allowed to travel around the country while suffering from such a disease.

Senator HOLMAN. When did that happen?
Mr. TREVOR. A couple of years ago?
Senator Holman. Under the present administration?

Mr. TREVOR. Under the present administration. Every hotel servant, every sleeping-car porter, wherever that man went, all kinds of people were exposed to that danger, and that was permitted under that special rule.

Senator HERRING. There is quite a difference of opinion as to that among medical men.

Mr. TREVOR. We have opinions from medical men in New York. Senator HERRING. You get it both ways.

Mr. TREVOR. If there is any doubt about it, it ought to be resolved in favor of the American people.

Mr. HOUGHTELING. We are excluding a good many trachoma cases, and often have to fight them in the courts.

Senator HOLMAN. You do not mind the fights?

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Mr. HoughTELING. Oh, no. We like it.

Mr. TREVOR. The point is that we contend there is a strained interpretation of the act of 1917. The present Secretary has admitted people who were mandatorily excluded in subsequent acts. The act of October 16, 1918, excludes anarchists and similar classes of aliens. Yet under that interpretation, Emma Goldman was allowed to come into this country, and Thomas Mann was allowed to come into this country under a discretion contained in the law of 1917. They are certainly inadmissible under a proper interpretation of that law. Other very dangerous and subversive people were allowed to come in under such a ruling.

We think that Senator Reynolds is to be commended, and our organization does commend him, for putting that provision in his bill, so that nobody can interpret it as the act of 1917 has been interpreted.

I contend, and another witness who will come before this committee and who is thoroughly familiar with the facts, will show that in writing the ninth proviso it was the intent of Congress that persons temporarily detained, by reason of any physical disability, should be allowed to enter temporarily, under certain rules, to go to a hospital and to get the attention and treatment they need. That is why that the ninth proviso was put in the law of 1917 originally. It has been misinterpreted, and so we have people who have no business in the United States, who have no right to be in the country.

Mr. SHAUGHNESSY. May I say that the section to which Captain Trevor refers was submitted to Attorney General Mitchell, I think in 1931, and he held that the ninth proviso of section 3 of the act of 1917 was applicable and the act of October 16, 1916—that it included the act of 1916—and that the Secretary of Labor was acting strictly in accordance with the law in that interpretation.

Mr. TREVOR. Taking that to be a correct interpretation of that statute, then it would seem incumbent upon this committee to write this provision of Senator Reynolds' bill into law.

Mr. HOUGHTELING. May I read the ninth proviso of section 3? Section 3 is a long section specifying 25 or more classes of aliens who shall be excluded or deported. It is completed by about ten provisos making exceptions to a very general list.

The ninth proviso reads: Provided further, That the Commissioner of Immigration and Naturalization with the approval of the Secretary of Labor, shall issue rules and prescribe conditions, including the exaction of such bonds as may be necessary, to control and regulate the admission and return of otherwise inadmissible aliens applying for temporary admission.

"Otherwise inadmissible aliens” may be allowed to come into this country under that act.

Senator HERRING. I wonder if that was not intended to apply to Canadians. I lived in Detroit for several years, and we had many Canadians coming over from Canada. Hundreds of them used to come over.

Mr. HoughTELING. I am not familiar with the debates at the time of the passage of the 1917 act, which might throw some light on the intention of Congress; but the wording of the provision certainly gives the Commissioner of Immigration and Naturalization discretion to admit temporarily aliens who might not be otherwise admissible under the terms of that section.


Mr. TREVOR. Under those circumstances it is our contention that it is the duty of Congress to close that leak. Section 5 of S. 407 would close this one. A notorious Negro Communist was allowed to enter the United States, and he was met at the dock by a delegation of Harlem Negroes, and he went right from the dock and delivered an inflammatory harangue in Harlem, and went from there throughout the country. Probably the Commissioner is familiar with that.

Mr. HOUGHTELING. I do not know that case. Was he admitted under the ninth proviso or did he get a visa?

Mr. TREVOR. He got a visa from the State Department and he came in. “As a matter of fact, Mr. Commissioner—I don't want to be unpleasant about this—it seems to me that the two departments fell down-the State Department, in granting the visa, and the immigration authorities in admitting him.

Mr. HOUGHTELING. On what basis?
Mr. TREVOR. That he came within the scope of the act of 1918.
Mr. HOUGHTELING. In what respect?

Mr. TREVOR. That he was a notorious member of an organization seeking to overthrow the Government of the United States.

I think this discussion has brought out the fact that there ought to be some clarification of the statutes, and the obvious intent of the Congress should be made so clear that no administrative officer could fail to understand it.

In regard to section 6 of this act, Mr. Shaughnessy said the act of 1929 was amended in 1932. We think the original act of Congress ought to be reenacted into law. That is really what section 6 of S. 407 would do. Moreover, the loopholes created by the act of 1932 should be closed. : With regard to these other bills, 409 and the restrictive sections in 407 should be combined. I do not want to take up much time on them. The first section of 409 should be the first section of 407, or similar phraseology.

Senator Holman. Pardon the interruption, with the permission of the chairman. You have given years of study to this? Mr. TREVOR. Oh, yes. Senator Holman. May I suggest, as a help to this committee, that

I you take these bills, rewrite them, and submit them to us as your suggestions?

Mr. TREVOR. I will be most happy to do so. Senator Holman. I am requesting that you do so. (Later, Mr. Trevor submitted the following:)

A BILL To temporarily suspend immigration and to further reduce permanent quota immigration into

the United States, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sixty days after passage of this Act immigration into the United States for perm nent residence shall be suspended for a period of ten years, or until such time as the Department of Labor shall certify to Congress that unemployment in the United States does not exceed three million persons.

Sec. 2. That from and after the date on which temporary suspension of immigration shall cease, the quota in the case of any nationality, for which a quota has been determined and proclaimed under the Immigration Act of 1924, as amended, shall be 10 percentum of such quota, but the minimum quota of any nationality shall be one hundred.

Sec. 3. That from and after the date on which temporary suspension of immigration shall cease, no immigration visa shall be issued under subdivision (c) of section 4 of the Immigration Act of 1924, but all the provisions of the immigration


laws shall be applicable to immigrants born in any of the geographical areas specified in such subdivision as if each of such areas had at that time a quota equal to the number of immigrants admitted from such areas in the fiscal year of 1938, unless the number of United States citizens admitted for permanent residence into such areas shall be a greater number and in that event the quota for such areas shall be equal to the number of United States citizens admitted into such

SEC. 4. That no alien having a husband, wife or minor children under 18 years of age shall be admitted into the United States for permanent residenco unless accompanied by his or her whole family.

Sec. 5. (a) From and after July 1, 1939, no alien shall be admitted to the United States for permanent residence who shall fail to pass an intelligence test equal or superior to the normal rating of equivalent age groups of the people of the United States.

(b) If any member of a family fails to meet the requirements of subsection (a) of this section, that fact shall exclude the whole family from admission to the United States.

Sec. 6. The Secretary of State may deny a visa to any alien seeking to enter the United States, when in the opinion of the Secretary the purpose of such entry is to promote a political system different from or hostile to the Government of the United States.

Sec. 7. The Secretary of State may withdraw a visa at any time after issue where it shall appear to his satisfaction that the visa was obtained by fraud, misrepresentation, or concealment of a material fact which if disclosed would bring the alien within the provisions of any laws excluding certain classes of aliens from the United States.

SEC. 8. That the ninth proviso of section 3 of the Immigration Act of February 5, 1917, be amended to read as follows: "Provided further, That the Commissioner of Immigration with the approval of the Secretary of Labor shall issue rules and prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of otherwise inadmissible aliens applying for temporary admission solely for the purpose of receiving medical treatment."

Sec. 9. If any alien has been arrested and deported in pursuance of law, he shall be excluded from admission to the United States whether such deportation took place before or after the enactment of this Act; and if he enters or attempts to enter the United States after the enactment of this Act, he shall be guilty of a felony: Provided, That this Act shall not apply to any alien who has, prior to its enactment, obtained the lawful permission of the Secretary of Labor to reenter the United States and has reentered, or who arrives in the United States with such permission within sixty days after this Act, becomes effective. For the purposes of this section, any alien ordered deported (whether before or after the enactment of this Act), who has left the United States, shall be considered to have been deported in pursuance of law, irrespective of the source from which the expenses of his transportation were defrayed or of the place to which deported. Section 7 of the Act entitled “An Act to further amend the naturalization laws, and for other purposes," approved May 25, 1932, is hereby repealed.

Sec. 10. The Commissioner of Immigration and Naturalization with the approval of the Secretary of Labor shall prescribe rules and regulations for the enforcement of this Act.

Sec. 11. Any person who knowingly aids or assists any alien or any person to evade or violate any provision of this Act or connives or conspires with an alien or any person to evade or violate this Act shall be deemed guilty of a felony and on conviction thereof shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both.

SEC. 12. The provisions of this Act are in addition to and not in substitution for the provisions of the immigration laws and shall be enforced as part of those laws, and all the penal or other provisions of such laws not inapplicable shall apply to and be enforced in connection with the provisions of this Act.

Mr. TREVOR. Now, S. 410 is a bill which Senator Reynolds has drafted to cover the cases of aliens, subsequent to the enactment of this law, who should become the recipients of relief in this country. It provides that anybody who for 6 months is on public relief shall be deported. That is very reasonable. Persons who are not able to live in this country should be returned to their own countries.

Mr. Holman. The law should be very specific as to that.

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