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(4) Entered the United States when he was under sixteen years of age, and has lived here continuously for a period of not less than five years; or
(5) Has living in the United States a near relative who has been lawfully admitted for permanent residence or is a citizen of the United States; or
(6) Gave or offered to give as a witness for the United States evidence which in the opinion of the Secretary of Labor was of material value for the apprehension or prosecution of a person charged with violation of the criminal provisions of the immigration or naturalization laws.
(b) The Secretary of Labor, at the end of each fiscal year, shall report to the Secretary of State the number of aliens of each nationally who at the time of entry were of the quota immigrant class who have not been admitted to the United States for permanent residence and who, during that year, have been allowed to remain in the United States pursuant to the authority conferred in the preceding subsection. Thereupon the Secretary of State shall reduce for the next succeeding fiscal year the annual quotas of each nationality under the Immigration Act of 1924 by the number of such aliens of that nationality so allowed to remain. An alien shall not be regarded as having acquired a status of admission for permanent residence because of such reduction of quota or permission to remain in the United States.
SEC. 6. Wherever in the immigration laws reference is made to section 19 of the Immigration Act of February 5, 1917 (39 Stat. 889; U. S. C., title 8, sec. 155), or the deportation provisions of that Act, or section 14 of the Immigration Act of May 26, 1924 (43 Stat. 162; U. S. C., title 8, sec. 214), such reference shall be construed to mean this Act as amended from time to time. The provisions of section 20 of the Immigration Act of February 5, 1917 (39 Stat. 890; U. S. C., title 8, sec. 156), shall apply to deportation proceedings under this Act. An alien subject to deportation under this or any other Act may be deported, in the discretion of the Secretary of Labor, to any country willing to accept the alien and to which the alien is willing to go.
SEC. 7. As used in this Act
(a) The term "United States", when used in a geographical sense, includes the continental United States, Territories, possessions, and all other territory and waters over which the United States exercises sovereignty;
(b) The term "alien" includes any individual not a native-born or naturalized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed, nor citizens of the islands under the jurisdiction of the United States. The term United States" is not used in a geographical sense in this subsection.
SEC. 8. The Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, shall have authority from time to time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Act.
[H. R. 9364 73d Cong. 2d Sess.]
A BILI. To provide for legalizing the residence in the United States of certain classes of aliens
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision (a) of section 1 of the Act approved March 2, 1929 (45 Stat. 1512), as amended, is amended to read as follows:
"That (a) the registry of aliens at ports of entry required by section 1 of the Act of June 29, 1906 (34 Stat. L., pt. 1, p. 596), as amended, shall be made as to any alien in whose case there is no record of admission for permanent residence, if such alien shall make a satisfactory showing to the Commissioner of Immigration and Naturalization in accordance with regulations prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, that he
"(1) has resided in the United States continuously for a period of ten years or more immediately prior to the filing of his application; and
"(2) is not subject to deportation, or, if so, that with respect to each ground for his deportation an order that he be permitted to remain in the United States has been issued by the Secretary of Labor;
and the Commissioner of Immigration and Naturalization may, in his discretion, permit such registration to be made as to any alien in whose case there is no record of admission for permanent residence if such alien shall make a satisfactory showing in accordance with regulations prescribed as provided in this section that he
"(1) is without nationality; and
"(2) has resided in the United States continuously for five years or more immediately prior to his application; or in lieu of these two requirements, that
"(1) has been lawfully admitted for temporary residence;
"(2) has been in the United States continuously for five years or more immediately preceding his application; and
"(3) would suffer racial, political, or religious persecution in event of return to any country to which it is lawful to deport him.
"But registry under this Act shall not be made as to any alien unless he shall make a satisfactory showing to the Commissioner of Immigration and Naturalization in accordance with regulations prescribed as provided in this section that he is a person of good moral character, and such registry shall not be made as to any alien ineligible to citizenship."
[H. R. 9365, 73d Cong., 2d sess.]
A BILL To extend nonquota status to certain relatives and to limit the class of aliens entitled to first preference in the issuance of immigration visas
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision (a) of section 4 of the Immigration Act of May 26, 1924, as amended, is amended to read as follows:
"An immigrant who is the unmarried child or stepchild under twenty-one years of age, or the wife, or the husband of a citizen of the United States, or the mother or father over sixty years of age of a citizen of the United States who is twenty-one years of age or over."
SEC. 2. That paragraph 1 of subdivision (a) of section 6 of the Immigration Act of May 26, 1924, as amended, is amended to read as follows:
Fifty per centum of the quota of each nationality for such year shall be made available in such year for the issuance of immigration visas to the fathers or mothers sixty years of age or under of citizens of the United States who are twenty-one years of age or over."
[H. R. 9366, 73d Cong., 2d sess.]
A BILL TO amend section 8 of the Immigration Act of February 5, 1917 (39 Stat. 874)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Immigration Act of February 5, 1917 (39 Stat. 874), is amended to read as follows:
"That any person, including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United States, by vessel or otherwise, or shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, or shall conceal or harbor, or attempt to conceal or harbor or assist or abet another to conceal or harbor in any place, including any building, vessel, railway car, conveyance, or vehicle, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter or reside within the United States under the terms of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $2,000 and by imprisonment for a term not exceeding five years, for each and every alien in respect to whom any of the foregoing offenses have occurred."
[H. R. 9367, 73d Cong., 2d sess.]
A BILL To provide a penalty upon vessels arriving in the United States having on board stowaways
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any vessel arriving in the United States to have on board any alien stowaway, and if it shall appear to the satisfaction of the Secretary of Labor that any such vessel has on board on arrival in the United States any alien stowaway, the owner, charterer, agent, consignee, or master thereof shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for every such alien found on board; and no vessel shall be granted clearance pending the determination of the question of the liability to the payment of such fine and while it remains unpaid: Provided, That clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs: Provided further, That such fine, in the discretion of the Secretary of Labor, may be mitigated or remitted if the Secretary of Labor be satisfied that due precautions were taken to prevent the presence of such stowaway on board such vessel and that no officer or member of the crew of such vessel aided or assisted an alien to stow away or aided in concealing an alien stowaway aboard such vessel.
Now, I hope that the witnesses will be as brief as they can and as much to the point as possible. There is quite a list of witnesses to appear; and we would like to give everybody who wishes it an opportunity to be heard. The proponents of the bill will be heard first, and the opponents will follow.
I will call as the first witness, Mr. Edward J. Shaughnessy, Deputy Commissioner of Immigration and Naturalization, who will briefly explain the features of these bills.
Mr. DIES. Mr. Chairman, I was wondering whether you were going to have the witnesses testify to all five of the bills at this time, or take them up separately.
The CHAIRMAN. I would like to have each of the witnesses testify as to all of the bills as they come up.
Mr. DIES. I was going to suggest to the witnesses, then, that in their discussion of these bills they make it clear to which one they are referring. They could take up the first bill and discuss it, and then take the others up and discuss them in order, so that we will not be confused as to whether they are talking about one bill or another.
The CHAIRMAN. Very well; that will be done.
STATEMENT OF EDWARD J. SHAUGHNESSY, DEPUTY COMMISSIONER OF IMMIGRATION AND NATURALIZATION
The CHAIRMAN. You may proceed, Mr. Shaughnessy.
Mr. SHAUGHNESSY. I will endeavor to state very briefly the effect of these five bills, and not attempt to make an analytical study of them as I go along, but merely to show where there are changes in the law. Section 19 of the Immigration Act
The CHAIRMAN (interposing). Are you addressing yourself now to H. R. 9518?
Mr. SHAUGHNESSY. Yes, sir; H. R. 9518. Section 19 of the Immigration Act of 1917 is the section dealing with the deportation provisions. That section has been incorporated into the present bill. Mr. DIES. The deportation of what?
Mr. SHAUGHNESSY. The deportation of aliens.
Mr. DIES. Pardon me; I thought you said visitors.
Mr. SHAUGHNESSY. No; not visitors. I am only going to state very briefly the principal changes dealing with the deportable classes. And we will first discuss class 1 of section 2 of the present bill (H. R. 9518)
Mr. WEIDEMAN (interposing). May I interrupt you?
Have there been any changes made between H. R. 9363 and H. R. 9518?
Mr. SHAUGHNESSY. The only change is that section 9 has been stricken out of H. R. 9363, because the provision made as to the Philippines was stricken out because the Philippine Legislature on May 1 accepted the Independence Act, and, therefore, the section is no longer applicable. H. R. 9363 was written before acceptance. Otherwise H. R. 9518 is identical.
The CHAIRMAN. Yes.
Mr. SHAUGHNESSY. Section 2 of this bill (H. R. 9518), reads in part as follows:
SEC. 2. (a) An alien who entered the United States, either from a foreign country or an insular possession, either before or after the passage of this act, shall be subject to deportation at any time if he
and there are several classes named in that section, but we will only discuss the classes wherein there is any substantial change. Class (1) in section 2 (a) reads:
(1) Within 5 years after his entry became a public charge from causes shown to have existed prior to his entry.
The present law reads, in substance, that an alien who becomes a public charge within 5 years after entry from causes not affirmatively shown to have arisen subsequent to entry shall be deported.. When that language was selected by the Congress, it served a very good purpose, because we paid no attention, or practically no attention, to the examination of alien immigrants before they came to the United States. Today they have to provide themselves with a visa; and before they can get a visa, they have to be examined very carefully by either a United States Public Health Service doctor stationed at a consulate in a foreign country, or by some doctor who is selected and approved by the consulate, in the absence of a United States Public Health Service doctor. They are then also examined by the ship's doctor; the ship owners have to be very careful not to bring afflicted or diseased aliens here, because there are heavy penalties if they do so. The third examination occurs upon arrival. They are then examined again by doctors of the United States Public Health Service, and in all instances they have been declared free from disease.
It is thought that after an alien passes these 3 tests, if within 5 years after his entry he is unfortunate enough to become a public charge in one of our institutions supported by public funds, it is unfair, where he has had these 3 separate physical and mental examinations, to make him show, in order to defeat deportation, the causes
of his incapacity arose subsequent to his entry. This section now places the burden of proof where it belongs. When the Government starts proceedings for deportation, we feel that the burden of proof should be placed upon the Government.
Mr. DIES. Well, just briefly-I do not want to ask too many questions-but from the actual experience of your Department, do you find that aliens who become public charges find it difficult to sustain this burden of proof?
Mr. SHAUGHNESSY. Most difficult.
Mr. DIES. Will you briefly state why they find it difficult to do so? Mr. SHAUGHNESSY. Largely because the superintendent of the institution in which they are confined automatically gives a certificate to the effect that the causes existed prior to arrival in this country. Mr. DIES. Why do they do that?
Mr. SHAUGHNESSY. I suppose they do it largely to rid the State or other municipalities of the expense of further maintenance of these aliens.
Mr. DIES. You mean they do that pro forma; that they have a custom of making superficial examination, and saying that it existed prior thereto, without making any real examination to determine whether or not it is true?
Mr. SHAUGHNESSY. I could not say whether or not they do it pro forma. But the certificates are substantially the same in all those cases, and I have examined several thousand of them in the past 18 years.
Mr. DIRKSEN. Section 19 of the old law, the law as it now reads, is very affirmative, and says the alien "shall be deported "? Mr. SHAUGHNESSY. Yes; "shall be deported."
Mr. DIRKSEN. And in the present bill, H. R. 9518, page 2, section 2, line 6, it says the alien "shall be subject to deportation
* * *
Mr. SHAUGHNESSY. Yes, Mr. Dirksen. But we construe that as mandatory language. And as we discuss section 5 of this bill, you will see why we regard this language as mandatory; because in section 5 there are exceptions named in which the Secretary of Labor is given authority to waive deportation.
Mr. DIES. In other words, it means they must be deported unless they come within the exceptions?
The CHAIRMAN. The deportation is not mandatory.
Mr. DIRKSEN. Yes; the section is mandatory.
The CHAIRMAN. No; I do not think so.
Mr. DIRKSEN. Under the existing law it is mandatory.
Mr. SHAUGHNESSY. But we construe this language as being mandatory.
The CHAIRMAN. You mean the words "shall be subject to deportation" are mandatory?
Mr. SHAUGHNESSY. Yes, Mr. Chairman.
Mr. DIRKSEN. I thought there was a discretionary power on the part of the Secretary of Labor, under the provisions of section 2 of the bill (H. R. 9518).
Mr. SHAUGHNESSY. It does give that discretion-not under section 2 of the bill, that we are now discussing, but under section 5. Mr. DIES. You mean this bill makes it mandatory unless you take it up in connection with section 5