Should there be any hesitancy as to the desirability for making a favorable report as to the same, we should appreciate to have public hearings scheduled for the consideration of its provisions, and, in the event of such hearings, I should appreciate to be notified thereof and to be given an opportunity to appear before your committee to testify, on behalf of the V. F. W., in general support of same. Respectfully yours, Hon. SAMUEL DICKSTEIN, MILLARD W. RICE, Legislative Representative. AMERICAN COALITION, Washington, D. C., May 6, 1940. Chairman, Committee on Immigration and Naturalization, House of Representatives, Washington, D. C. MR. CHAIRMAN: Being advised that there is a hearing to be held on Tuesday, May 7, on H. R. 6127, entitled "A bill to revise and codify the nationality laws of the United States into a comprehensive nationality code," I submit on behalf of the American Coalition for the consideration of the Committee on Immigration and Naturalization of the House of Representatives, and for embodiment in the record of its proceedings, the following criticism of this measure: May I say, by way of introduction, that an examination of the provisions of this bill indicates clearly that it has a purpose far beyond the mere codification of the existing statutes and the simplification of administrative processes. The bill is obviously an attempt to broaden and liberalize the scope of our nationality statutes for the benefit of the alien rather than to raise the standard under which citizenship is granted to foreigners. A comprehensive revision of the proposed measure from a purely American standpoint would, in our opinion, be eminently desirable. The repealing provision is very broad in its scope and without a more thorough examination of the question than has been possible in the time which has been at our disposal, I can only point out to you what appears to us to be the more glaring defects of the measures, with suggestions for their correction. This criticism of the proposed code of the nationality laws proceeds on the assumption that American citizenship is an honor. To confer this honor and the privileges it grants, without discrimination, will inevitably cheapen it in the eyes of the recipients. To cheapen citizenship is to strike a grave blow at national solidarity and weaken the very foundations of the Nation. Such was the belief professed by the statesmen who were responsible for our present naturalization laws which were passed by Congress with a view to preserving the good and discarding the bad practices of our past history. With this thought in mind, the following matter is respectfully submitted. For convenience, all references in this criticism are to part 2 of the House committee print embodying the nationality laws of the United States, and the message of the President of the United States transmitting a report proposing a revision and codification of the nationality laws of the United States, prepared at the request of the President by the Secretary of State, the Attorney General and the Secretary of Labor. Section 101 (a) and (b): These subsections should be stricken from the code. They add a new and confusing status, that of the "national," to the subject of statutory naturalization. This status is not in the present law, and, be it said, specific provisions therein cover adequately all the legitimate situations this novel status is designed to cover. The question of naturalization is that of merely citizens and noncitizens. There can be no qualification of this status or there may arise qualifications of allegiance among the class of persons so characterized. No government could safely tolerate such a condition, and Congress would do well to beware of giving any basis for its development. Perhaps, it may be well to say at this point, that the burden of proof is upon the proponents of this measure to establish the necessity of weakening the existing statutes relating to naturalization in a time of crisis such as that in which we are passing through. No such process is necessary to accomplish the codification of existing statutes, to simplify administrative action, or to make possible the preparation of an adequate index. Section 101 (d) and section 102 (a), having reference to Puerto Rico and the Virgin Islands, should be deleted. In a sense, these provisions have the practical effect of conferring a status of statehood upon these dependencies, al though, to be sure, this present bill does not provide for the organization of these dependencies as States of the Union. There is absolutely no warrant in fact for conferring such a sweeping grant of citizenship on people so little deserving of that honor. When considered as a class the present statutory provisions are certainly liberal enough, and if we consider the condition which the migration of these people to our great congested centers of population creates, probably, too liberal. In any event, the status now existing has been accepted by the people of these dependencies themselves. Section 201 (a) and (b): No change is suggested, but in view of the proposed amendments which are advanced in this criticism to definitions referred to above, the existing law relating to Hawaii, Puerto Rico, and the Virgin Islands should be reenacted. Section 201 (c), (d), (e), (f), (g), and (h) should be stricken from the code. The revised statutes, section 1993, as amended, should be reenacted as amended. (See pp. 4 and 5, first column of p. 2.) The proposed new section would complicate a situation and extend citizenship too liberally. The present law gives citizenship to any descendant of a citizen reasonably entitled to it, and imposes a condition only rigid enough to keep out those not deeming the honor of citizenship worthy of any effort. Sections 202, 203, and 204 should be stricken from the proposed code inasmuch as the present provisions of law appear to be adequate, and it should be observed that the existing law avoids the extension of citizenship to a legal hybrid status of persons entitled "nationals." Section 303: The language "and persons of African nativity and persons of African descent" should be deleted. All such persons who should have been taken care of since the Civil War have now become citizens, and the white man's burden has been discharged. There is no longer any reason to continue this provision in the law. On the contrary, inasmuch as Asiatics are excluded, Africans should certainly be excluded. The problems which still confront our Nation through the introduction of the Negro are sufficiently onerous and difficult of solution as to give warning at this time, that they should not be aggravated through the opening of our gates to possible voluntary migrations from the continent of Africa. The Fourth Quarterly Bulletin of the Uniform Crime Reports, issued by the Federal Bureau of Investigation of the United States in 1939, shows the crime statistics for Negroes are 250 percent of the rate of native whites. This greater tendency of the Negro to crime and the very grave dangers to the public health, which would arise from the introduction of large numbers, or, indeed, any number, of immigrants from countries infested with a multitude of tropical diseases over which medicine has as yet attained little or no mastery whatsoever, demands the deletion of these words from the code and the existing law. The stable door should be shut before the horse is stolen. Section 305 should be amended by inserting after the words, "disbelieves in or who is opposed to organized government," new language to read as follows: "or the form of government prescribed by the Constitution of the United States." The reason for this addition to the code is too obvious in the light of revelations by the Dies committee to require any argument. Certainly such an amendment would go far to correct a present and real peril to the preservation of a democratic form of government in the United States. Section 307 (d) (1): This subsection should be stricken from the code, as it is indefensible and grossly illogical for a foreigner to claim residence in the United States because he may have happened to have served on a coal barge owned by the United States at some time, when he was, in fact, in the country in violation of the law. No legitimate purpose is served by this subsection which is now adequately covered by section 307 (d) (2). Sections 309, 310, and 311: A provision should be added to each of these sections to read as follows: "Provided, The alien furnishes satisfactory proof that his entry into the United States was lawful." Section 324: This section appears to be not only wholly unnecessary, but also it seems undesirable inasmuch as it provides a loophole for the naturalization of any otherwise ineligible alien. There is, in reality, no more logical reason for a waiver of conditions in the case of an alien falling under the provisions of this section than there would be for offering special exemption to a ditch digger. The bonus of citizenship should not be given as an inducement for serving in the merchant marine. No more effective method could be devised for opening the gates to all classes of undesirables of every race and kind of people. This would seem to be a possible loophole of the first magnitude. Section 327 (a): To this section there should be added, within the parenthesis, a provision that fingerprints should be taken, and one copy of the prints sent to the Department of Justice for examination as to possible inclusion in the criminal record division; and, if not found therein, to be transferred for permanent record in the noncriminal file of the Department of Justice. Fingerprinting is the only effective means of identification known, and certainly it should be a prerequisite to a grant of citizenship, that every possible precaution be taken to obviate the grant of the honor of citizenship to an alien having a criminal record, either here or abroad. While a photograph is a desirable means of identification, it is known to be notoriously ineffective in many instances, not only where any lapse of time occurs, but also, particularly, through the facility with which photographs may be changed or substituted. A recent case reported in the Baltimore Sun regarding the detention of certain aliens seeking citizenship, who had substituted persons competent to take and pass the examinations which they themselves were not qualified to pass, illustrates the necessity of fingerprinting and rechecking the fingerprints through all the processes of naturalization. Section 327 (b) (1): This subsection should be amended to read "lawfully entered the United States prior to June 3, 1921." An alien who has entered the United States unlawfully at any time proves thereby his unfitness to have conferred upon him the honor of citizenship. If entering the United States by violation of the law, which frequently includes perjury, forgery, impersonation, and many other criminal acts unnecessary to enumerate or define, does not make an alien ineligible for citizenship, citizenship may well become degraded and an object of ridicule and contempt in the eyes of the alien upon whom the privilege and honor are conferred without adequate discrimination. A persistent effort is being made to cover in an indeterminate number of persons who entered the United States between the years 1921 and 1924, who, through no dereliction on their own part, cannot prove lawful entry. It is believed that the number of these persons who are worthy of citizenship is relatively small, and such persons can be taken care of by private bills. However, if the change provided in the proposed code is adopted a vast loophole is created whereby persons who entered in violation of the law may acquire citizenship. There is always the possibility of perjured testimony covering any person who entered after 1924 being credited with entry during the period 1921 to 1924. This provision should be amended as set forth above. Section 330: The form of declaration of intention prescribed in the code should be modified to read as follows: "I am not an anarchist, nor a Communist, nor a disbeliever in or opposed to organized government, nor a member of or affiliated with any organization or body of persons teaching disbelief in, or opposition to, organized government, and I am familiar with and believe in the form of government prescribed by the Constitution of the United States." Section 331: The petition for naturalization under No. 16 should be modified to conform with the form which should be prescribed in the declaration of intention, as discussed in section 330. Section 401 should be amended by the elimination of the word "national," and substitute therefore "citizen." Section 401 (h) (2) should be amended to read, "that no citizen under 18 years of age can expatriate himself under subsections (b) to (g)." There is no logic, and there is considerable danger, in exempting, citizens under 18 years of age, who may be embodied in the armed services of the United States, from all the penalties of desertion. In conclusion, Mr. Chairman, let me say that I suggest that the drafting service of the House be requested to modify the code to conform to all the suggestions which have been made above. Respectfully submitted. JOHN B. TREVOR, President. STATE COUNCIL, JUNIOR ORDER UNITED AMERICAN MECHANICS, Hon. SAMUEL RAYBURN, Speaker of the House, Washington, D. C. New York City, October 9, 1940. HONORABLE SIR: The enclosed resolutions were passed unanimously by the State convention of the State council of the Junior Order United American Mechanics, Inc., at its recent convention. We are a patriotic fraternal organization made up of Americans and we request your support in these resolutions to keep America safe. Cordially yours, FRANKLIN S. FAYE, State Council Secretary. MIDDLETOWN, N. Y., September 23, 1940. NATURALIZATION-RESOLUTION Whereas we commend Congress for the transfer of the Immigration and Naturalization Service from the Department of Labor to the Department of Justice, under House Joint Resolution 551 signed June 4, 1940, and look forward to a prompt and proper administration of the immigration laws, benefiting Americans, both native-born and naturalized, instead of the lax practices of the former department favoring aliens; and Whereas we believe the requirements for naturalization should be maintained on a basis that the citizenship privilege in the United States is not to be regarded as something cheap; and Whereas interpretation of the seventh proviso in section 3 of the Immigration Act of February 5, 1917, permits the Secretary of Labor under discretionary power to encourage deportable criminal aliens to go to Mexico or Canada, obtain a visa and reenter the United States as legally admitted persons in order to facilitate their petition for naturalization. Over 700 such criminal aliens are listed in the Congressional Record as officially furnished from the State Department to Senator Robert R. Reynolds: Therefore be it Resolved by the State Council, Junior Order United American Mechanics, Inc., State of New York, in regular annual convention assembled at Middletown, N. Y., this 23d day of September 1940, That we favor the enactment of H. R. 9980, which passed the House on September 11, 1940, to codify the nationality laws of the United States into a comprehensive code, as amended, due to the transfer of the Immigration and Naturalization Service to the Department of Justice by House Joint Resolution 551 and subject to such changes as will be necessary due to the alien registration bill, H. R. 5138, which became effective August 27, 1940; also that the seventh proviso, section 3 of the Immigration Act of February 5, 1917, be clarified to apply to legally admitted aliens only; also that citizenship be made a requisite for Government employment and relief; also to establish a period of 7 years from time of entry for aliens eligible to become citizens to file a declaration of intention or otherwise be subject to deportation as provided in Senate bill 4263 (Clark, Missouri); and be it further Resolved, That a copy of this resolution be sent to the President of the United States, the President of the Senate, and the Speaker of the House of Representatives at Washington, D. C., and a copy be furnished the press. Respectfully submitted. LESTER TREADWELL, Legislative Representative. MIDDLETOWN, N. Y., September 23, 1940. DEFENSE AND PREPAREDNESS-RESOLUTION Whereas we believe that America is worth having-worth keeping-worth defending—and to that end advocate an adequate national defense system that will put us, for all time beyond the reach and thoughts of any territoriallyambitious dictator of the present or future; and Whereas, according to sworn testimony before the Dies committee investigating un-American activities, it has been proven that many subversive organizations are teaching their doctrines of radical and dictatorial government, and are spreading their propaganda by the use of the mails, being financed partially with foreign money; and Whereas the existence of such subversive organizations ultimately leads to espionage and sabotage or other criminal acts in the promotion of their boringfrom-within-policy-now commonly referred to as the fifth column: Therefore be it Resolved by the State Council, Junior Order United American Mechanics, Inc., State of New York, in regular annual convention assembled at Middletown, N. Y., this 23d day of September 1940, That we urge Congress 1. To continue a program of adequate national defense against possible enemies from without and within, but opposed to aggressive war or intervention in controversies of foreign nations. 2. Immediate enforcement of the deportation of criminal aliens and those inimical to the public interest. 3. Legislation be passed providing deportation of aliens engaged in espionage or sabotage, similar to bill, H. R. 6724 (Starnes) which was vetoed by the President on April 8, 1940, or bill H. R. 9774 (Poage) now in the Senate Immigration Committee. 4. Passage of Senate bill 4223 (Reynolds) to prohibit the transmission through the mails or in interstate commerce of certain subversive matter. 5. Enactment of laws requiring the registration of certain organizations carrying on activities in the United States House bill, H. R. 10094; and be it further Resolved, That a copy of this resolution be sent to the President of the United States, the President of the Senate, and Speaker of the House at Washington, D. C., and a copy be furnished to the press at once. Respectfully submitted. LESTER TREADWELL, Legislative Representative. MIDDLETOWN, N. Y., September 23, 1940. REGISTRATION AND FINGERPRINTING-RESOLUTION Whereas, on June 28, 1940, the President signed the Alien Registration Act of 1940, H. R. 5138, providing for the registration and fingerprinting of aliens already in the United States and also those entering the United States after the effective date of the law, August 27, 1940; and Whereas fingerprinting is universally recognized as a positive means of identification, and utilized in various departments of the Federal Government as identification; and Whereas there are thousands of persons in the United States whom it is now impossible to identify and fingerprint records would materially assist in establishing their identity; and Whereas such records would be of considerable value in the apprehension of criminals, at the same time would serve as a safeguard and degree of protection to all law-abiding citizens and persons: Therefore, be it Resolved, by the State Council, Junior Order United American Mechanics, Inc., State of New York, in regular annual convention assembled at Middletown, N. Y., this 23d day of September 1940, That we recommend and urge the Congress of the United States to enact legislation requiring and extending the registration and fingerprinting to all residents and transients in the United States, and be it further Resolved, That a copy of this resolution be sent to the President of the United States, the President of the Senate, and Speaker of the House at Washington, D. C., and a copy be furnished to the press. Respectfully submitted. LESTER TREADWELL, Legislative Representative. MIDDLETOWN, N. Y., September 23, 1940. RESTRICTION OF IMMIGRATION-RESOLUTION Whereas the paramount economic issue confronting the United States is 10,000,000 unemployed persons, 18,000,000 on public relief, and 2,000,000 subsisting on Work Projects Administration checks; and Whereas every immigrant entering the United States is a potential worker and will either displace an employed American or add to the excessive relief cost now burdening the taxpayers of this country, amounting to approximately $20,000,000,000; and |