Senator MCCARTHY. What if a Chinese maintains that he is antiCommunist, that he will be executed immediately when he gets into Red China; does that hold up the deportation?

Mr. MACKEY. It certainly does, yes, sir.

Senator MCCARTHY. Permanently, or temporarily?

Mr. MACKEY. At least until we can ascertain whether or not there is justification for his claim.

Senator MCCARTHY. Have you deported some who made that claim?

Mr. MACKEY. Yes, we have in the past, but for the past year and a half, Mr. Chairman, we have not been able to deport Chinese. It is only recently that we have been able to get travel documents for them to go through Hong Kong. I might say that none of these people are being deported, where it would appear that they might be subject to physical or political persecution.

Senator MCCARTHY. Incidentally, how long have you been in this particular department?

Mr. MACKEY. 23 years.

Senator MCCARTHY. Then you would have a fairly good background of knowledge of this?

Senator MCCARRAN. Fairly good? He has an excellent background.

RUSSIAN INCIDENT

Senator MCCARTHY. Let us make it excellent. We hear, I guess you call it rumors from time to time, that certain people who are deported have been subsequently executed in Iron Curtain countries. I know it is almost impossible for us to follow through the deportation, but have you received any reports that you consider reliable that any of the people who were deported over the past 10 years

Mr. MACKEY. I only know of one, Senator. That was 1 of 2 Russians that defected and came to the United States some 3 years ago. I think his name was Varsov. Off the record, if I may.

(Discussion off the record.)

Senator MCCARTHY. That was one of the Russian fliers.

Mr. MACKEY. Yes, sir.

Senator MCCARTHY. Who was assigned to his case here in this country?

Mr. MACKEY. May I go off the record, sir?

Senator MCCARTHY. I would frankly like to have it on the record unless there is some reason to have it off.

Mr. MACKEY. Then we can put it on the record. We were approached by the Army. These men had defected. They had been screened, and they felt that they would like to bring them here for further exploitation.

Senator MCCARRAN. Mr. Chairman, there is not very much use in staying off the record in a public hearing with the press present. Senator MCCARTHY. The press is here taking it down, so the reporter might take it down also.

What did Charles Thayer have to do with those two Russian cases? Mr. MACKEY. Nothing that I know of. I do not recall.

Senator MCCARTHY. Was he not assigned to look after them and take care of their trip, and all that sort of thing?

Mr. MACKEY. He is one of our investigators. If he is the Thayer that I have in mind, he was one of those probably assigned to keep him under surveillance.

Senator MCCARTHY. He was the man who recommended that this man be returned to Russia, was he not, if you know?

Mr. MACKEY. I do not know, Senator. It came to me, or we learned that this particular individual was going to the Soviet Embassy, and we arranged to take him into custody.

Senator MCCARRAN. Did you refer to the Thayer who was the consul in Munich?

Senator MCCARTHY. And since has been suspended; yes.

Mr. MACKEY. No, sir. The Thayer I had in mind was one of my investigators.

Senator MCCARRAN. That would be in the State Department.
Mr. MACKEY. Yes, sir.

Senator MCCARTHY. Did not the State Department handle the trips of these two Russians, do the booking and that sort of thing? Mr. MACKEY. My understanding was that they were brought over by the Army. I may be mistaken in that, sir.

Senator MCCARTHY. If you do not know, I will not take up your time. You know of only one case in which you had what you considered reliable information that he was executed when sent back? Mr. MACKEY. Yes, sir.

Senator MCCARTHY. In that case you felt you were justified in sending him back, because it was reported he was visiting the Soviet Embassy and thought you had reason to suspect his loyalty to this country.

Mr. MACKEY. That is right.

Senator MCCARTHY. Is that the situation?

Mr. MACKEY. Exactly right, sir.

HONG KONG DEPORTEE PROBLEM

Senator DIRKSEN. Mr. Mackey, do you monitor that Hong Kong situation pretty well, or do you not have the facilities for doing it, other than the reports you get?

Mr. MACKEY. We do not have the facilities.

Senator DIRKSEN. My understanding from the British Government in Hong Kong last year was that the problem was not letting people get into Hong Kong; the problem was on the Chinese side of letting them go into Red China, and that they were making a real effort to keep anybody out of Red China. So that when these people go back to Hong Kong, there is a presumption I think that is as far as they go and you add to the population pressure of that area. That is a Crown port, a free port.

Mr. MACKEY. When these people reach Hong Kong, Senator, we regard the order of deportation as having been executed. We get them out of the country. Just what disposition the British make of them on arrival, I am not informed.

Senator DIRKSEN. But if they take pains to exclude them even after they get to Hong Kong, you have no great concern, then, about the execution of these people for getting out of Hong Kong because they will not let them into Red China. You have an idea under

detention and deportation where you say 791 who failed to maintain the status under which they were legally admitted. What would constitute a change of status?

Mr. MACKEY. Överstayed visitors. They are the persons admitted for 60 days, more or less, and who failed to depart at the termination of stay. Perhaps a student.

Senator DIRKSEN. I thought those would be included in the 1,561 who remained beyond their temporary periods for which they were admitted.

STUDENTS

Mr. MACKEY. That is true. Those are people that were admitted here, for instance, as students, who failed to maintain the status of a student, or as treaty traders or other nonimmigrant classes who failed to maintain the status. The 1,561 are what we call remained longer cases remained longer than permitted by law.

Senator MCCARRAN. The 791 applies to students?

Mr. MACKEY. That class. I do not have that broken down, but I can break that down for you.

Senator MCCARRAN. Do any of your assistants have the number of students who came here and who did not carry out their intention? Mr. DEVANEY. I do not think we have it broken down. not included in the new act as nonimmigrants.

They are

Senator MCCARRAN. Is the percentage high with respect to students as compared with the total that comes in?

Mr. DEVANEY. No, I think it is relatively small. There were a number of Chinese students that undoubtedly were good students and could not go back to China when the situation broke out over there, and they had to stay here. I would say the vast majority of them abide by their status.

COMMENTS ON PRIVATE BILLS INTRODUCED

Senator DIRKSEN. This problem you refer to in connection with detention and deportation which is No. 5 on page 9 of your statement, you say among other problems are the efforts of aliens and their attorneys to obtain special legislation for relief in individual cases. There you are referring to, I take it, the number of private bills which have been introduced in both branches of Congress to stay deportation proceedings?

Mr. MACKEY. Yes, sir.

Senator DIRKSEN. Would you care to amplify your answer on that? Mr. MACKEY. The private bill procedures have grown up like Topsy over the years. I believe right in this 83d Congress we have several thousand private bills pending.

Senator DIRKSEN. Do you have a breakdown indicating how many bills of this nature have been introduced, let us say, in the last 5 or 10 years?

Mr. MACKEY. Yes, sir; we have.

Senator DIRKSEN. Do you have it now?

Mr. MACKEY. Yes, sir.

Senator DIRKSEN. I would be rather interested in your figure and the details you can supply for the record.

NUMBER OF BILLS INTRODUCED IN CURRENT AND PRIOR YEARS

Mr. MACKEY. I am told that 2,922 were introduced last year, sir. Senator DIRKSEN. What was it the year before?

Mr. MACKEY. For the fiscal year of 1953, in the Senate, 905 bills were introduced; the House, 2,017; a total of 2,922.

For the fiscal year 1952, in the Senate, 741; in the House, 1,380; total, 2,121. That is all we have, 1952 and 1953.

Senator DIRKSEN. Do you have the number of bills introduced to date in 1954?

Mr. MACKEY. In the current session?

Senator DIRKSEN. Yes.

Mr. MACKEY. From July 1, 1953, to March 12, 1954, in the Senate, 305; 693 in the House; total, 998.

EFFECT OF PRIVATE BILL ON DEPORTATION CASE

Senator McCARTHY. Am I correct that introduction of a bill in the Senate automatically holds up a man's deportation, but the introduction of a bill does not?

Mr. MACKEY. No, sir. There is a little misunderstanding there, Mr. Chairman. It is not the invariable practice to hold up deportation whether the bill is in the House or the Senate. As a matter of courtesy to the Congress, we do on the House side proceed with deportation unless we get a formal request from the House side for a report on the bill. On the Senate side, we have held up except in those cases and this relates to both Houses-where we felt that there is no justification for the bill, and then we would take it up with the individual Member of Congress.

Senator MCCARTHY. I was not criticizing the practice. I was just

curious.

Mr. MACKEY. I know you wanted it clarified, and I am glad you gave me that opportunity.

Senator DIRKSEN. Are these all deportation bills or otherwise?

Mr. MACKEY. I would say the majority of them are deportation bills; yes, sir.

Senator MCCARRAN. I think, Mr. Chairman, that the Judiciary Committee of the Senate during the last year, or the year before, entered into agreement whereby if the committee as a whole thought a bill was justified, it would advise the Immigration Service, and upon that advice they would hold up. If the committee did not act, then the Immigration Service was free to proceed.

Mr. MACKEY. That is the substance of it, Senator McCarran. A tabled bill, we would regard as a rejected bill.

ALIENS EXPELLED MAINLY MEXICAN CASES

Senator DIRKSEN. I notice, Mr. Mackey, in your border patrol, 96,000 plus people were identified as having been previously expelled from the United States.

Mr. MACKEY. Yes, sir.

Senator DIRKSEN. Are those mainly Mexican border cases?

Mr. MACKEY. I would say the majority of them are; yes, sir. What we call repeaters, Senator Dirksen.

COMMENTS ON VEHICLE REPLACEMENT PROGRAM

Senator DIRKSEN. I think you ought to amplify a little bit what you have said here about the deficiencies in your transportation equipment, because I can fully appreciate that if your men cannot get over that terrain and they cover rather large areas, certainly it handicaps them. I notice the General Services Administration Administrator yesterday said we are wasting $40 million a year on using overage equipment. It would seem to be in the interest of economy if we gave some real attention to it, if that is the case. I suppose your amplification relates to breakdowns when the vehicles are not serviceable, probably overuse of oil and gasoline, and everything else that goes with it. But certainly we should not overlook an opportunity to effectuate not only economy, but improve the efficiency of your force, and step it up very materially if that can be done. I think you ought to submit us a little more detailed data on this subject. Mr. MACKEY. I think that is in the justification, sir.

Senator MCCARRAN. I take it that in the justification you show the age of the vehicle?

Mr. MACKEY. Yes, sir.

Senator MCCARRAN. Are you asking for a number of new vehicles? Mr. MACKEY. Yes, sir; 100 for replacement only.

Senator MCCARTHY. The record will show at this point the justification filed in support of the vehicle replacement program. (The statement referred to follows:)

PASSENGER-VEHICLE REPLACEMENTS

As on June 30, 1954, the Service will be operating with a fleet of 1,014 passenger vehicles consisting of 954 sedans, 44 buses, and 16 station wagons. The average age of all passenger vehicles as of that date will be approximately 3.6 years. Replacements proposed for the fiscal year 1955 are 97 sedans and 3 buses. The replacement of only 100 passenger vehicles during the fiscal year 1955 will increase slightly the average fleet age and result in the average passenger vehicle having a registered mileage of about 52,000 by June 30, 1955. Passenger vehicles used by the Service average approximately 14,000 miles per annum. At the end of the fiscal year 1954 Service passenger vehicles by age group will have the following mileage record: