partment of Labor prepared in 1934-that was shortly after Colonel MacCormack took office as Commissioner of Immigration-a very interesting memorandum which was submitted to both Houses of Congress. And in that they have a whole series of cases collected through a period of only 2 weeks-my recollection is that there were 235 alien cases in that period, disclosing these arrests in a 15-day period in 2 cities. If the Congressman and the members of the committee have not seen that memorandum, a copy certainly should be obtained by the committee.

Mr. HOBBS. Will you give us the reference to it.

Mr. TREVOR. Yes, sir. It is the memorandum of the Commissioner of Immigration and Naturalization to the Committee on Immigration of the Senate and to the Committee on Immigration and Naturalization of the House of Representatives relative to certain proposed changes in the immigration law, published by the United States Government Printing Office, Washington, 1934. I will not take up the time of the committee by going into the number of these cases.

Mr. HOBBS. Is it published as a House or a Senate document? Mr. TREVOR. It appears to have been transmitted with a letter from the Secretary of Labor to both Houses of Congress.

Mr. HOBBS. To both Houses?

Mr. TREVOR. To the Senate and to the House.

Mr. HOBBS. Or to the committees.

Mr. TREVOR. I beg your pardon.

Mr. WEAVER. Was that published in 1934 or is that the number of the document?

Mr. TREVOR. No. That is when it was published. It was addressed to the Committee on Immigration of the Senate and to the Committee on Immigration and Naturalization of the House of Representatives. Mr. HOBBS. I thought that was the case.

Mr. TREVOR. Any way, this document gives an analysis of the alien habitual criminals not subject to deportation under existing law.

Here is the case of an alien who has been in the United States 27 years. He has been arrested 16 times. The time of his incarceration was 5 years, 6 months, and 1 day. But under the existing statutesthis was in 1934, and I think there has been no material change which would affect this situation since-many cases of this kind as mentioned in this memorandum cannot be deported. They continue to prey on the community, and as I read this section, this would appear to be a nondeportable case of one who should be deported. But many of them who are mandatorily deportable under the provisions of this bill, against whom a warrant of deportation has been issued, but cannot be exercised because of the existing situation, are turned loose on the community to continue a record similar to that.

It seems to me that is an improper condition to exist, because while every one of us, I think-I am sure-the Congressman-and I know that I do feels terribly sorry for any man who by reason of his crime is incarcerated in jail and thereby brings a hardship on his family, although it is inevitable-here is an alien who has no rights in the country. He is here simply by reason of our courtesy and the privileges accorded to him. He makes his living by preying on the community. To turn such a man loose seems to me intolerable, so far as the public interest is concerned. And I think the public interest transcends that of the individual alien criminal.

Mr. HOBBS. Did we not cure a large number of those cases? Did we not plug up the holes in the immigration law by the passage of the Alien Registration Act last year? I think we created five new deportable grounds.

Mr. TREVOR. Yes; but I am not satisfied. I would want to study that question before speaking positively on it. My impression is that the holes are not completely plugged, by any means.

Mr. HOBBS. I want to say this: I have no authority to speak for this committee, but I am satisfied every single member of it is just as cordially in favor of plugging up those holes as you are.

Mr. TREVOR. May I suggest an amendment?

Mr. HOBBS. We shall be delighted to have you suggest any amendment that has not been adopted.

Mr. TREVOR. I would like to suggest this amendment. You know the existing law provides, as I said a few moments ago, that aliens within 5 years after entry are mandatorily deportable if they have been sentenced to a term of 1 year or more to jail for a crime involving moral turpitude.

An alien who is in the country, who has committed two crimes for which he has been sentenced to jail for a term of 1 year or more, where the crime involved moral turpitude, is mandatorily deportable at any time after entry. I think that a proper addition to that would be that any alien who has been convicted of three offenses involving moral turpitude, regardless of the length of the term of sentence imposed, or whether the sentence was suspended, and so forth, shall be dealt with as indicated.

My reason for that is backed up, I think, sir, by a communication again of Colonel MacCormack's. I have it here somewhere, although I cannot put my hand on it at the moment.

Mr. HOBBS. I do not think you need any backing up on that, or any substantiation. But would you be good enough to draft such an amendment and submit it with your testimony?

Mr. TREVOR. Yes; I shall be most happy to do that.

Mr. HOBBS. And put it in the record where you have discussed it. Mr. TREVOR. I will supply it for the record.

I think I have explained that an alien criminal with a record such as that set forth in this compilation here should not be allowed to prey on the community although I am sorry for anybody who has to spend any time in a detention camp. But I think our interests, the interests of the people, transcend in every situation such as that.

By the way Mr. Hobbs-I do not want to take the time of the committee to do so now, but there are enumerated the classes of aliens who are deportable because they represent a perfectly appalling group aside from the criminal element. And I would like to cite just a few: Idiots, imbeciles, feeble-minded persons, epileptics, insane persons, persons who have had one or more attacks of insanity, persons who are chronic alcoholics; professional beggars; vagrants; persons afflicted with tuberculosis or with a loathsome and dangerous contagious disease.

Those are all comprised within this group who, under the provisions of this bill, may be allowed in the discretion of this board to wander around the community and constitute a menace to the community, I think; unless that board shows a disposition to deal with these aliens

in a very different way from which they have been dealt with in

recent years.

Now, I take up section 6.

Mr. HOBBS. I think that is a little inaccurate.

Mr. TREVOR. I would not want to be inaccurate for the world, Con

gressman.

Mr. HOBBS. I think you are mistaken about that. That is under what section?

Mr. TREVOR. That is under the bill as a whole, sir. The only possible exception to it is where you have provided that these persons against whom a warrant has been issued-section 3, I think, probably is what you have in mind-which provides that the Immigration and Naturalization Service may make rules and regulations which shall prescribe, with the approval of the board-which shall require of the alien, one, to appear from time to time before an officer of the service for identification and examination. That is probably the section you refer to?

Mr. HCBBS. No. I was thinking of title IV where we expressly exempt from its operation anarchists, aliens who disbelieve in organized form of government, and so forth.

Mr. TREVOR. That is a different class, sir. I would like to deal with them separately. You exempt certain classes, but you do not exempt this particular group, unless the board exercises that discretion.

Mr. HOBBS. I think we do. There are 14 classes of aliens that are exempted or excluded from the benefits of title IV. One of those is an immoral person, mentally and physically deficient, unless cured and not dangerous to the public health or safety.

Mr. TREVCR. May I ask what page that is on?

Mr. HOBBS. That is in section 401 (d).

Mr. TREVOR. That is on page 19?

Mr. HOBBS. I think so. I do not have the page before me,

Mr. WEAVER. That is correct, Colonel.

Mr. TREVOR. That section (d) provides as follows:

The provisions of subsection (c) shall not be applicable in the case of any alien who is deportable under (1) the Act of October 16, 1918, entitled "An Act to exclude and expel from the United States aliens who are members of the anarchists 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"; (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 the traffic in narcotics," as amended; (4) any of the provisions of so much of subsection (a) of this section as relates to aliens who are deportable because of conviction or admission of a crime not connected with their own entry into the United States or with their naturalization

That takes out the naturalization people, those who have gotten naturalized by fraud, and relieves them of any necessity to prove that they did not do so unlawfully. Then it goes on:

prostitutes, procurers, or other immoral persons, the mentally and physically deficient unless the Public Health Service 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,

That would appear to take care of the diseased persons who would constitute a menace by contagion. But it does not deal with the effect

of allowing those people to remain in the country loose-to use a crude term-to become "breeders." because it has been pretty well established that a person who is socially deficient tends to pass on that strain to his descendants. I have some matter here on that that I would be glad to insert in the record, if you will permit me, to show the very great menace of allowing a person who is socially deficient to wander around the community at large.

Of course, we have, I frankly admit, in this country a large number of persons who are citizens of the United States about whom nothing can be done. But the alien socially deficient who tends to create children who are deficient contributes enormously to the population in the second and third and succeeding generations to our jails and charitable institutions.

There are two or three very well-known cases, if I am not taking too much time, that I would like to insert in the record at this point. I would like to refer to those cases to illustrate what I have in mind, the danger of allowing those people to be at large, even though they may not be actually infectious or contagious in the sense that they would communicate to anybody by mere contact other than marriage a social or dangerous disease.

Mr. HOBBS. Do I understand you to advocate mere deportation for aliens of that kind?

Mr. TREVOR. I think those aliens should be deported at any time after entry because they constitute contributors to the taxpayers' burden in the second and third generation, where you cannot do anything about it at all.

Mr. HOBBS. If that is not stopped for both aliens and citizens, this country is doomed. The taxpayers cannot stand that burden in addition to the burden of taking care of the criminal classes.

Mr. TREVOR. That is the point. My point goes further. I think the habitual criminal such as the people who have these records that are in this memorandum do contribute to the taxpayers' burden in the second and third and succeeding generations. And it is only on that account that I feel sorry for them, just as I am sure every member of this committee does, but as long as they are aliens I think they should be removed from the community and sent back whence they came.

Mr. WEAVER. Did you say that you desired to put something in the record at this point?

Mr. TREVOR. I desire to insert an analysis of two of the most famous cases that have been recorded.

Mr. WEAVER. The gentleman asks permission to do that.

Mr. HOBBS. Is that the Jukes case?

Mr. TREVOR. No; this is the Kallikak case. If you are familiar with those cases, I do not want to encumber the record with them. Mr. HOBBS. Of course, those are famous cases.

Mr. TREVOR. I will let it go at that. Now, as to section 6. There is a very important addition to existing law there that permits the alien to go into a district court and question the validity of his detention, including the sufficiency of the evidence to sustain the findings and facts.

Now, if that is ever done, Congressman, it will be the greatest godsend to the shyster lawyers in the big centers of our country that can possibly be conceived of. It will make utter chaos out of the administration of our immigration laws.

I think there is a reference in the Attorney General's letter to the chairman of this committee, Mr. Sumners, which indicates just what taking these cases into the courts means. On page 8 of the release of Mr. Jackson's letter there appears the statement with reference to the radical situation:

The Department is required to try over and over again the issue as to the character of the Communist Party to which the alien in such proceedings is alleged to belong.

And then he goes on to recite how he studied the summary of cases in regard to that matter. Why this provision is contrary to the procedure of every country, of every great nation in the world, dealing with the alien problem.

There has been an analysis prepared by the League of Nations of the various immigration laws and statutes relating to the migration of peoples, and it enumerates the various provisions in these countries. I have studied that pretty carefully. You take the British system. All that you have to have there in order to expel-this was in time of peace was an order of the home secretary, and out an alien went. There was not any question of quibbling or argument about it. As a result, the British do not have an enumeration of thousands of cases of aliens that could not be put out of the country during the last few years. They did not tolerate such a situation as that, because there was a very definite certainty that the British Government meant what it said when it proceeded to deport an alien. The other countries took it. They had to take it.

It is my contention that if we administer our immigration laws in that fashion, we would not have had eight or nine thousand cases accumulated. They would have been out and gone. There would not be thousands of aliens here who are probably carrying on propaganda for their various governments, or who are members of subversive societies here in this country, because their countries would not take them back, do not want them back. They want them here.

This thing will lay this thing wide open and I contend that this provision ought to be stricken from the bill.

Mr. WEAVER. You mean the entire section 6?
Mr. TREVOR. Yes, sir.

Mr. HOBBS. You would not suspend the right

Mr. TREVOR. Not the right of habeas corpus; but this is an entirely different thing. Any man has got a right to go in and get out a writ of habeas corpus to prove that his detention was unlawful. That is all right. But this thing permits an alien to take his case into the courts and question the sufficiency of the evidence to sustain the findings of fact. I cannot believe that men who are in the Department, some of whom I have known, I imagine, for 20 years-they might not want to criticize their superiors; I can see that. But I could not believe that those men would approve this thing because they know that the only person in many cases who was familiar with all the evidence is the alien himself. "And if you do this, all that the alien has to do is to go into court and refuse to testify, and then what can you do? You cannot prove that there is any sufficiency of evidence to justify his depor

tation.

That is a very serious addition to the law, and I trust that this committee will give that matter its most careful consideraion.

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