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not in custody of the Immigration and Naturalization Service, may, whenever it appears to the satisfaction of the Board that his deportation may have become feasible, be again taken into custody for deportation on an order of the Board, and an alias warrant of deportation shall be issued, unless the alien shall establish by a preponderance of the evidence, facts and conditions which have arisen since the original warrant of deportation was issued which render him no longer legally deportable. Any detention hereunder shall be subject to the provisions of section 4 or 5 of this title.
Sec. 201. Any alien subject to the provisions of this title who has been ordered to be deported but whose deportation has not been effected within ninety days after the issuance of the warrant of deportation, on application to the Board by the Immigration and Naturalization Service alleging facts showing that the public interest or public safety so requires, and as to whom the Board, after notice and hearing, shall have so found, shall be taken into custody by the Immigration and Naturalization Service and detained, though not at hard labor, or continued in such detention, without bail, pending deportation, until the Board &kall have ordered the release of such alien temporarily or pernianently upon such conditions as the Board may prescribe.
Sec. 202. This title shall apply only to those aliens of one or more of the following described classes:
(a) 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;
(6) Those aliens who have been convicted in a court of competent jurisdiction of any offense involving the receiving, sharing in, or benefiting by any part of the earnings of any prostitute; or of having in any way assisted any prostitute by acting as a procurer or otherwise promoting her business; or by protecting or promising to protect any prostitute from arrest; or of having imported or attempted to import any person for the purpose of prostitution; or anyone or more of such aspects of the business of prostitution;
(c) 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. 8. 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" (16 Stat. 1171; U. S. C., title 8, sec, 156 (a));
(d) Those aliens ordered deported because of convictions of treason, misprision of treason, espionage, sabotage, kidnaping, extortion, robbery of the mails, or of a bank or of an officer or employee of the United States, murder, rape, arson, or seditious conspiracy.
Sec. 203. Any alien detained under the provisions of this Act shall be released whenever the public safety or public interest no longer requires his detention, or 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.
Sec. 294. 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 again be taken into custody and detained without bail, in accordance with the provision of this title.
Sec. 205. Nothing in this title shall be construed so as to prevent any alien detained without bail thereunder from questioning, on petition for writ of habear corpus filed in the district court of the United States of the district wherein he is detained, the validity of such detention, including the sufficiency of the evidence to sustain the findings of fact.
Sec. 301. Any alien who seeks to enter the United States intending to act the behalf of any foreign government or foreign political party or group, or, without limiting the foregoiqng, the Communist Party of the United States of Ameriri, the Partito Nazionale Fascista, the Nationalsozialistsche Deutsche Arbeiter, Partei, the Kyffhaeuser Bund, the German-Amerioan Bund, or any organization successor to any one of them, shall be excluded from admission unless there substantial reason to believe that such proposed activities will not be deleterious to the national safety of the United States
Sec. 302. Any alien who shall act in the United States in behalf of any foreign government or foreign political party or group, including, without limiting the foregoing, the Communist Party of the United States of America, the Partito Nazionale Fascista, the Nationalsozialistische Deutsche Arbeiter Partei, the Kyffhacuser Bund, the German-American Bund, or any organization successor to any ome of them, shall be deported unless there is substantial reason to believe that such alien's activities are not deleterious to the national safety of the United Ntates
Sec. 303. Any alien whose exclusion or deportation is ordered under the provixions of section 301 or 302 of this title, but whose deportation cannot be effected in due course, may be taken into detention or continued in detention without bail, but not at hard labor, pending deportation, for a period not exceeding one year, if the Board for the Supervision of Deportable Aliens shall find, upon application of the Immigration and Naturalization Service, and after notice and hearing, that the public interest or public safety requires the alien's detention, or, if the Board shall find, after notice and hearing, that the alien has violated an order issued against him under section 3 of title I and that his continuance at large will be deleterious to the public interest or public safety: Provided, That any alien detained hereunder shall be entitled to release upon showing that he has made arrangements to leave the United States and upon complying with such conditions as may be prescribed to assure his departure: Provided further, 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 such additional time not to exceed three months: Provided further, That any alien detained hereunder, who is released from detention prior to the expiration of the period herein specified, may be detained again for a period which when aggregated with the duration of his previous detention shall not exceed the period herein specified.
Sec, 30). Nothing in section. 303 of 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 dstrict wherein he is detained, the sufficiency of the evidence to sustain the findings of fact.
Sec. 305. Nothing in this title shall apply to an accredited official of a recognized foreign government, his family, attendants, servants, or employees, without erpre'88 approval of the Secretary of State.
Sec. 306. Nothing in this title shall be construed as repealing any provisions of the Act entitled “An Act to exclude and erpel from the United States aliens who ure members of the anarchistic and similar classes”, approved October 16 1918, as amended.
Sec. 401. Sections 19 (c) and (d) of the Immigration Act of February 5, 1917 (39 stat. 889; U. S. C., title 8, sec. 155), as amended, are further amended to read as follows:
"(c) In the case of any alien (other than one to whom subsection (a) is applicable) who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may (1) permit such alien to depart the United States to any country of his choice, at his oun erpense, in lieu of deportation, or (2) suspend deportation of such alien if not racially inadmissible or ineligible to naturalization in the United States if he finds that the alien has resided in the United States for seven consecutive years or that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable alien. If the deportation of any alien is suspended under the provisions of this subxection, all of the facts and pertinent provisions of law in the ase shall be reported to the Congress with the reasons for such suspension. The Clerk of the House shall have such report printed as a public document. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty days prior to the close of the session, then during the next session of the Congress, The two Houses pass a concurrent resolution stating in substance that the Congress does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alion in the manner provided by law. If during the session of the Congress at which a case is reported, or if a case is reported less than thirty dnys prior to the close of the session, then during the next session of the Congress, the lio Houses do not pass such a resolution, the Attorney General shall cancel deportation proceedings upon the termination of such session, except that such proceedings shall not be canceled in the case of any alien who was not legally admitted for permanent residence at the time of his last entry into the United States, unless such alien pays to the Commissioner of Immigration and Naturali. zation a fee of $18 (which fee shall be deposited in the Treasury of the United States as miscellaneous receipts). Upon the cancelation of such proceedings in any case in which such fee has been paid, the Commissioner shall record the alien's admission for permanent residence as of the date of his last entry into the United States and the Secretary of State shall, if the alien was a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce the quota of the country of the alien's nationality as defined in section 12 of the Act of May 26, 1924 (8 U.S. C., sec. 212), in the manner hereinafter provided :
“(1) If the number of quota-immigration visas issued to persons of the alien's nationality in the year in which the alien entered the United States (including the number of aliens charged to the quota of that nationality for that year, pursuan to this title) was less than the number of such quota immigration visas that might have been issued, the alien shall be charged to the quota of his nationality for that year.
“(2) If the quota of the alien's nationality for the year in which he entered the United States has been exhausted either by the issuance of immigration risus in that year or by the charging of aliens to such quota pursuant to this title, or both, such alien shall be charged to such quota for the next succeeding year for which that quota has not been exhausted.
“(3) If the quota of the alien's nationality has been exhausted for all years since his entry prior to the year in which the record of registry is made, the alien shall be charged to such quota for that year, pursuant to this title, equals or efceeds 50 per centum of that quota.
“(4) If the alien has not been charged to the quota for the year in which record of registry is made or a prior year, he shall be charged to the quota for the next succeeding year in which the number of aliens charged to such quota for that year, pursuant to this title, does not equal or exceed 50 per centum of that quota. If at the end of any year in which an alien has been charged, pursuant to this title, to a quota for a succeeding year there is any unused portion of such quota for the year ended, a number equal to such unused portion shall be deducted from the number of aliens charged, pursuant to this title, against such quota for any succeeding year beginning with the year furthest in the future.
“(d) The provisions of subsection (c) shall not be applicable in the case of any alien who is de portable under (1) the Act of October 16, 1918 (40 Stat. 1098: U. S. C., title 8, sec. 137), entitled 'An Act to exclude and expel from the United States aliens who are members of the anarchist and similar classes'. as amended; (2) 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); (3) 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', as amended (46 Stat. 1171; U.S. C., title 8, sec. 156a) ; (4) any of the provisions of so much of subsection (a) of this section as relates to aliens irho are deportable because of conriction or admission of a crime not connected with their own entry into the United States or with their naturalization, prosti. tutes, procurers, or other immoral persons, the mentally of physically deficient unless the Public Health Serrice shall certify that the defect has been cured or that the alien can remain in the United States without danger to the public health or safety, anarchists, and similar classes; or (5) subsection (b) of this section."
Scc. 402. The Attorney General shall hare authority to grant a change of status from that of a nonimomigrant to that of an immigrant for permanent residence to any alien who applies for such change of status within two years after the effective date of this Act and who shall muke satisfactory shou
(一 (1) that he was admitted to the United States as a nonimmigrant prior to January 1, 1991, and has resided in the United States since such entry:
(2) that he is racially eligible to naturalization;
(3) that he is a person of good moral character and attached to the principles of the Constitution of the United States;
(4) that he is not subjert to deportation, ercept for having remained longer than the period for which he unis admitted or permitted to remain :
(5) that he has complied with the requirements of the Alien Registration Act, 1940.
(6) that there is substantial reason to believe that he would be subject to political, racial, or religious persecution were he to return to the country
of his nativity, citizenship, or last permanent residence. Such change of status shall be granted only upon payment to the Commissioner of Immigration and Naturalization of a fee of $18 (which fee shall be deposited in the Treasury of the United States as miscellaneous receipts). Upon the granting of such change of status, the Secretary of State shall, if the alien was a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce the quota of the country of the alien's nationality as defined in section 12 of the Act of May 26, 1924 (8 U. S. C., sec. 212), in the manner provided in section 101 of this title.
Amend the title so as to read: "A bill to provide for supervision and detention of certain deportable aliens; to establish a Board for the Supervision of Deportable Aliens; to provide for the relief of certain aliens from deportation; and for other purposes."
Mr. WEAVER. The subcommittee will be in order.
Gentlemen of the committee, this meeting has been called for further hearing on H. R. 3, which was introduced by Mr. Hobbs, and on which the committee acted at one time and reported it to the House. It has been rereferred to the committee for further hearing.
Now, I do not know exactly who wishes to be heard this morning. We want to go as far as we can, and we probably will have to hold a later meeting on account of other gentlemen who can not be present this morning. I have here a telegram from Rev. Owen A. Knox, who wishes to be heard. Is he present this morning!
Reverend, Knox. Yes.
Mr. WEAVER. I might suggest that the statement be not too long, and we will let you go on first,
and then I understand some representatives of the American Legion are here and they wish to be heard also. If you will, just go ahead in your own way.
STATEMENT OF REV. OWEN A. KNOX, CHAIRMAN, NATIONAL
FEDERATION OF CONSTITUTIONAL LIBERTIES, WASHINGTON, D. C.
Reverend Knox. Mr. Chairman, may I begin by a general statement on the Hobbs concentration bill by saying, first, that this bill provides, for the first time in the history of the United States, for concentration camps. The idea of concentration camps has always been abhorrent to American philosophy and the democratic way of life. We feel that in the period of time when so many nations of the world have forgotten the rights of the common man, so many nations of the world have turned to dictatorship and to totalitarian philosophy of government, that we ought to be extremely careful in the consideration of anything that in any way destroys the American way of life.
Now, I want to suggest that in the provisions of this bill a man may be sentenced under such terms as "espionage," "subversive activities, and "sabotage,” which are always difficult terms to define, and which are defined differently under a different set of circumstances. For instance, when a nation is normal and calm, these terms might not be dangerous terms, but when a nation is deeply stirred up and fearful, particularly when there are special groups in nations that are seeking to destroy other groups in nations, and I speak now of the drive against labor groups in the United States at the present time, in times like these the terms may become the means of destroying union labor.
way, as I shall
They may be used for the purpose of taking away the social gains and economic gains which labor has made through long and difficult
years. I am quite sure that this bill would be used in such point out in a few moments. As a matter of fact, it is admitted by the author of the bill, as I recall it, that that is true, and by another Member, that nine-tenths of the people are interested in one particular person in labor at the present time. I shall turn to that in a moment, and I want to suggest that the number of political prisoners that a nation has is a rather accurate index of the government's response or failure to respond to the will of the people. We have not been a nation which has had political prisoners, and for the most part the history of the United States has been, we are glad to say, rather free from the curse of putting men in prison for political opinions. I think, however, at this time, that that is one of the particular dangers which we must guard against.
As a matter of fact, the only political prisoners that we have had in the United States have been during periods of war or hysteria, when at times we have had a large number of them for a short period of time, but we have always been ashamed of it afterward when we returned to more normal ways of living and to saner ways of thinking that we forgot our democratic ideals and principles of liberty of political opinion upon which our Nation has been founded, because we had sentenced these men to jail on the basis of political opinion.
Then, I want to call your attention to the fact that under certain provisions of this bill men who, in the judgment of the Board, are dangerous to public safety or public welfare may be held for an indeterminate period, apparently for life, if in the judgment of the Board that is necessary.
It is hard for me to conceive that, as a Nation, we have come to a place where we are willing to place in the hands of the Board or the Attorney General or any group the power to deprive men of their liberties because they hold different political opinions than the party
Now, I want to call your attention first to a letter from the Attorney General which was introduced March 16, or was given authorization, at least, for release at that time, and the statement that he makes here particularly [reading]:
It is my belief that this function should be vested in an independent board, of dignity and standing, which would arrive at classifications of deportable persons based on their fitness to be at large in our society under present conditions.
I am not sure that I understand what “dignity and standing" means in this connection. I wonder, for instance, if it means that men who have attained places of prominence in labor unions might be placed on the board. I wonder if, in this case, for instance, Harry Bridges would be considered as eligible for service on the board, or does it mean that a man in serving on this board must be a member of the chamber of commerce and a Republican. I am not sure exactly what would constitute a board of dignity and standing, particularly when I turn to the questions that are asked, if I may turn to them now, the questions that were asked in the hearings. I have here before me a copy of the hearings of subcommittee No. 2 of the Committee on the Judiciary, in the first session of the Seventy-seventh ('ongress, on House Resolution 3, March 19, 1941. In it I find a discussiou of the question of Mr. Harry Bridges.