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CORRECTION OF EARLIER HEARING ON H. R. 3
(NOTE.—The following letter is included for the purpose of making a correction in the printed hearing on H. R. 3, which was held before Subcommittee No. 2 of the Committee on the Judiciary on March 19, 1941, Serial No. 2, Part 1 of this hearing :)
HOUSE OF REPRESENTATIVES,
Washington, D.C., May 5, 1941. Hon. HATTON W. SUMNERS, Chairman, Committee on the Judiciary,
House Office Building, Washington, D. C. MY DEAR MR. SUMNERS: My attention has been called to the printed record of the hearings before Subcommittee No. 2 of the Judiciary Committee relative to H. R. 3, and in fairness to my colleague, Mr. Vreeland, I wish to ask that the record be corrected on page 20 of the hearings, at approximately the middle of the page, where it reads as follows:
"Mr. VREELAND. That is the thing I was concerned with, and I know that nine-tenths of the Congress have specifically in mind the Harry Bridges case, and they want to know that this will take care of him."
The record should have read that the above statement was made by the writer.
I have been informed that the only way that the record can be corrected is for me to write you requesting the correction of the record accordingly, and I respectfully request that it be so corrected. Sincerely yours,
JOSEPH P. O'HARA, M. C.
SUPERVISION AND DETENTION OF CERTAIN ALIENS
APRIL 21, 1941
HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 2
Washington, D.C. The subcommittee met, pursuant to notice, for further consideration of H. R. 3, in the committee room, at 10:25 a. m., Hon. Zebulon Weaver presiding
[H. R. 3, 77th Cong., 1st sess. ] (Strike out the preamble and all after the enacting clause and insert the part printed in
A BILL To invest the circuit courts of appeals of the United States with original and
exclusive jurisdiction to review the order of detention of any alien ordered deported from the United States whose deportation or departure from the United States otherwise is not effectuated within ninety days after the date the warrant of deportation shall have become final; to authorize such detention orders in certain cases ; to provide places for such detention; and for other purposes
(Whereas as the right to exclude or to expel aliens, or any class of aliens, absolutely or upon certain conditions, in war or in peace, is an inherent and inalienable right of every sovereign and independent nation; and
(Whereas the exercise of such sovereign power by the United States of America should not be hampered, limited, nor thwarted by any other nation; and
[Whereas the right to detain an alien subject to deportation is but a necessary incident of the right to exclude or deport: Now, therefore]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [That any alien in any of the classes indicated in section 2 of this Act who has been or may hereafter be ordered deported by the Attorney General but whose deportation or departure from the United States otherwise is not effectuated within ninety days after the date the warrant of deportation shall have become final shall be taken into custody and transported to such place of detention as may be designated by the Attorney General, and there, or in such other place or places as may be thereafter designated by the Attorney General, confined, though not at hard labor, until such time as deportation shall have become feasible, or departure from the United States otherwise shall have been arranged, or until the Attorney General, upon sufficient evidence of good cause, shall order the release of such alien, temporarily or permanently, on such bond as may be required, with or without rescinding the warrant of deportation.
[Any alien detained hereunder may secure his release from detention upon a showing which shall satisfy the Attorney General that he has obtained a travel document or made other approved arrangements to leave the United States and giving departure bond conditioned as prescribed by the Attorney General, with good and sufficient sureties approved by the Attorney General.
[Should any such alien return to the United States after having departed he shall be excluded, or, if that be not legally possible, he shall be taken into custody and confined in accordance with the provisions of this Act.
[in determining whether good cause has been shown to justify the release of an alien, on bond or otherwise, the Attorney General shall take into account such factors as (1) the age and health of the alien, (2) the likelihood of the alien's resuming the course of conduct which made him deportable, (3) the character of the efforts made by such alien himself and by representatives of the country to which his deportation is directed to expedite the alien's departure from the United States, (4) the reason for the inability of the Immigration and Naturalization Service to secure passports or other travel documents from the country to which the alien has been ordered deported.
[SEC. 2. This Act shall apply only to those aliens of one or more of the following described classes: (a) Those aliens ordered deported under the Act of October 16, 1918, entitled “An Act to exclude and expel from the United States aliens who are members of the anarchistic 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) ; (b) those aliens who have been sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, not connected with their own entry or naturalization, committed within five years after the entry of the alien to the United States; (c) those aliens who have been sentenced more than once to a term of one year or more of imprisonment because of conviction in this country of a crime or crimes involving moral turpitude; (d) those aliens who have received, shared in, or derived benefit from any part of the earnings of any prostitute or have in any way assisted any prostitute or protected or promised to protect from arrest any prostitute or have imported or attempted to import any person for the purpose of prostitution; (e) those aliens ordered deported under 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 in narcotics" (46 Stat. 1171 ; U. S. C., title 8, sec. 156 (a)).
[SEC. 3. The Attorney General is hereby authorized and directed to arrange for appropriate places of detention in established institutions for those aliens required by this Act to be taken into custody and confined.
(Any Federal institution designated by the Attorney General in a detention order hereunder shall receive the alien subject to such order, any provision of law to the contrary notwithstanding; and shall deem any appropriate order of the Attorney General sufficient warrant for discharging any such alien.
[The appropriation of such sums of money as may be necessary from time to time for the maintenance and care of detained aliens in such places of detention, including the cost of the removal of such aliens thereto, is hereby authorized.
[SEC. 4. Notwithstanding the provisions of section 20 of the Immigration Act of February 5, 1917 (39 Stat. 889; U. S. C., title 8, sec. 156), the Attorney General is authorized and directed to detain aliens of the classes described in this Act and his authority to do so shall not be questioned except upon petition filed with the circuit court of appeals for the circuit in which the place of detention of the particular alien is located, and for this purpose the circuit courts of appeals are hereby invested with original and exclusive jurisdiction to hear such petitions and determine the question of the legality of the detention under this Act.
[SEC. 5. Any alien against whom a valid warrant of deportation has been issued who is released from custody by order of the Attorney General without a rescission of the warrant of deportation shall, at any time thereafter, when in the judgment of the Attorney General the reason for his release shall have become obviated, again be taken into custody hereunder by order of the Attorney General and detained in accordance with the provisions and purposes of this Act.
[SEC. 6. Before the Attorney General may order the release of any alien detained hereunder or rescind the warrant of deportation for such alien, he must prepare and file with all the other papers relating to such case a synopsis of the evidence upon which such order is to be made and the reasons for such order,
[SEC. 7. The terms "circuit court of appeals” and “circuit court of appeals" as herein used include the United States Court of Appeals for the District of Columbia.]
Section 1. Any alien against whom a valid warrant of deportation is outstanding shall, pending deportation, be subject to supervision and detention in accordance with the provisions of this title.
Sec. 2. There is hereby estabished in the Department of Justice a Board for the Supervision of Deportable Aliens (hereinafter called the Board) which shall consist of three members who shall be appointed by the President with the adrice and consent of the Senate and who shall serve at the pleasure of the President.
Each member of the Board shall receive a salary of $8,000 per annum. The Board is authorized to appoint a secretary and such other clerical employees as it may deem necessary.
Sec. 3. The Immigration and Naturalization Service may, in accordance with rules and regulations, which it shall prescribe with the approval of the Board, require any alien subject to supervision or detention under this title (1) to appear from time to time before an officer of the Service for identification and czamination; (2) to submit to medical and psychiatric examination and treatment; (3) to give information under oath as to his circumstances, habits, associations, and activities; and (4) to conform to such reasonable written restriotions on his conduct or activities as the Service may prescribe. On appeal by the alien in accordance with rules and regulations prescribed by the Service with the approval of the Board the Board may, in its discretion, affirm, modify, cancel, or stay the execution of any order issued by the Service under the provisions of this section.
Nee. 4. The Immigration and Naturalization Service may, in its discretion, detain pending deportation, without bail, but not at hard labor, any alien against uohom a valid warrant of deportation is outstanding, for a period of not exceeding ninety days from the date on which the alien is taken into custody under the roarrant: Provided, That if at the termination of such period of ninety days it appears to the Service that it will be possible to effect deportation within a reasonable time, the alien may be detained for such additional time not to erceed sixty days: Provided further, That any alien detained hereunder, who is released from detention, during the course of habeas corpus proceedings or otherwise, prior to the expiration of the period herein specified, may, unless the detention shall be finally adjudged to have been illegal in such habeas corpus proceedings, be detained again for a period which when aggregated with the duration of his previous detention under the provisions of this section shall not exceed the period herein specified.
Sec. 5. The Immigration and Naturalization Service shall have authority, upon the order of the Board, to detain without bail, but not at hard labor, for a period not exceeding one year from the date on which the alien is taken into custody under such order, any alien subject to supervision and detention under this title whose deportation is based in whole or in part upon conviction, or admission by the alien of the commission, of a crime not connected with his entry into the United States, and whose detention the Board, upon the application of the Immigration and Naturalization Service and after notice and hearing, shall find necessary to the public interest or public safety: Provided, That if at the termination of such period of one year it appears to the Board that it will be possible to effect deportation within a reasonable time, the alien may be detained for an additional time not to exceed three months: Provided further, That any alien detained hereunder, who is released from detention, during the course of habeas corpus proceedings or otherwise, prior to the expiration of the period hercin specified, may, less the detention shall be finally adjudged to have eer illegal in such habeas corpus proceedings, be detained again for a period which when aggregated with the duration of his previous detention under the provisions of this section shall not exceed the period herein specified.
Sec. 6. Nothing in this title shall be construed as preventing any alien detained without bail thereunder from questioning, on petition for writ of habeas corpus filed in the district court of the United States for the district wherein he is detained, the validity of such detention, including the sufficiency of the evidence 10 sustain the findings of fact, nor from applying for his release, on such petition, after the erpiration of the prescribed period of detention, on the ground that there is no reasonable prospect that conditions will become such as to permit the effectuation of the order of deportation.
Sec. 7. Any alien detained under the authority of this title may secure his release upon a showing that he has made arrangements to depart from the United States and upon complying with such reasonable conditions as may be prescribed by the Immigration and Naturalization Service to assure his departure.
dre. 8. Any alien against whom an order has been made in accordance with the provision of section 3 of this title who fails to appear, give information or submit to eramination or treatment as required, or who knowingly gives false information thereunder, or who knowingly violates a reasonable restriction imposed upon his conduct or activity, shall, upon conviction therefor, be fined not to exceed $1,000 or imprisoned for not more than tuo years, or both.
dre. 9. Any alien against whom a valid warrant of deportation is outstanding, but who was not deported because his deportation was not feasible, and who is