To the State Commission of Prisons:

DECEMBER 31, 1925.

Inspections of prisons, reformatories, penitentiaries, and other correctional institutions under the jurisdiction of this commission during the past year have shown an increasing number of alien criminals constituting a considerable percentage of the entire population. An inquiry as to the number deported under the immigration laws developed that the number was not large and that there is a necessity for greater efforts along these lines and close working relations between the immigration officials and those in charge of State penal institutions. Section 161 of the New York State prison law, as amended in 1923, provides: "Alien convicts of State prisons: The agent and warden of each State prison shall within three months after admission of an alien convict, cause an investigation to be made of the prison record and past history of such alien convict and shall upon the termination of such investigation cause the prison record of such alien convict, together with all facts disclosed by such investigation, and his recommendations as to deportation, to be forwarded to the United States immigration authorities having such matters in charge."

THE FEDERAL LAW

Section 19 of the United States immigration law (act of February 5, 1917): 66* * * any alien who is hereafter sentenced to imprisonment for a term of a year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who is hereafter sentenced more than once to such a term of imprisonment because of conviction in this country of a crime involving moral turpitude, committed at any time after entry; * * * any alien who was convicted, or who admits the commission prior to entry, of a felony or other crime or misdemeanor involving moral turpitude * * shall, upon the warrant of the Secretary of Labor, be taken into custody and deported."

*

The law also provides that deportation shall be deferred until after the termination of the alien's imprisonment, and shall not take place if the alien is pardoned. Other aliens who are subject to deportation, at any time after entry, are those connected in any way with the business of prostitution or the importation of women or girls for any immoral purpose; anarchists and sabotists. Within five

years after entry, those who belonged to any excluded class at the time of entry; and those who become "public charges" from causes not affirmatively shown to have arisen subsequent to entry. Within three years after entry, those who entered without the inspection contemplated and required by law.

PROCEDURE IN INSTITUTIONS

The state prisons and the New York State Reformatory at Elmira proceed under the requirements of the prison law quoted above. The New York State Reformatory for Women and the Albion State Training School refer cases of aliens to the State Board of Charities, which, in turn, notifies United States officials of cases which may be subject to deportation.

The penitentiaries and county jails have, in addition to alien criminals, many aliens arrested for unlawful entry into the country who are being held awaiting deportation. There is considerable delay in many of the cases of those who have unlawfully entered the country, which adds to the congestion of county jails, as previously discussed in a report on Federal prisoners in county jails.

CENSUS OF STATE PRISONS, 1925

The census of the state prisons as of December 31, 1925, shows the following aliens on hand at that time:

The total population of the prisons and hospitals above mentioned as of December 31, 1925, was as follows:

The above indicates that over 23 per cent of the entire state-prison population were aliens. Of the insane criminals in the two institutions at Dannemora and Matteawan, over 35 per cent of the population were aliens.

RELATION TO PRESENT DAY CRIME CONDITIONS

As showing the importance of the matter under discussion in its relation to present-day crime conditions, it should be noted that from January 1 to November 30, 1925, aliens received in prisons and correctional institutions, from which a record has been obtained, were as follows:

During this period, nearly 30 per cent of these received in the State prisons were aliens.

CENSUS OF OTHER NEW YORK PENAL INSTITUTIONS

The alien population on December 31, 1925, of other penal and correctional institutions of the State was as follows:

New York City penal and correctional institutions received during the year 3,121 male and 469 female aliens. Estimating that one-half of the New York City institutions' aliens were on hand December 31, 1925, the total alien criminals at the opening of the year 1926 was 3,279 males and 304 females—a total of 3,583. This does not take into account those in county jails and juvenile institutions, which are not available, or the dependents of alien criminals in

charitable institutions. Computing those accounted for at $400 per capita per year, which is accepted as a reasonable one, and not including capital charges, depreciation, general administration, cost of courts, prosecutions and transportation, etc., the cost to the State for maintenance alone runs to approximately $1,500,000. Computing those unaccounted for in the above tables and considering costs not accounted for in this last figure, it is a fair assumption that the cost to the State and its political divisions for the year 1926 will run well toward $2,500,000.

COST OF NEW YORK'S ALIEN INSANE, $7,000,000 ANNUALLY

In a statement recently issued by the State Hospital Commission, the cost to the State annually for the alien insane is approximately $4,400,000, and the population of the institutions under this commission is reported as about 25 per cent alien. It is stated that the State Hospital Commission offered to the immigration authorities 400 insane for deportation, and that of that number only 241 were deported. Without any consideration of the menace of these undesirables of other nations to the life, property, and stability of our Government, the people of the State can realize the financial burden of taxation which they involve when it is stated that the cost of confining the criminal and insane aliens in this State is running close to $7,000,000 annually. That there are grave defects in our immigration laws which permit the entry into this country of so many undesirable aliens as are found in our State hospitals for the insane, prisons, and correctional institutions, there can be no doubt. The question is one which might well engage the serious attention of our State officials as well as the publc generally. The detection of these classes on the other side of the Atlantic, before they are allowed to take ship for the United States, is, in the opinion of the writer, one of the most serious propositions that the United States immigration authorities have to consider.

DEPORTATION LAWS WOEFULLY INSUFFICIENT

So far as the deportation of alien criminals is concerned the measures which are being taken by the United States Government for their deportation upon the expiration of sentence are woefully insufficient, and the matter calls for prompt action by Congress in providing adequate appropriations and sufficient force to carry on this important work. It has been practically impossible because of the lack of proper records, to find out just what has been done toward the deportation of alien criminals during a recent period. The United States Department of Labor reports that from July, 1924, to February, 1925, 450 criminal aliens were deported and from February, 1925, to May 1, 1925, 63 were deported. These figures, however, were for the entire country and not for New York State. The Commissioner of Immigration, Henry H. Curran, at New York, states:

THESE FIGURES FOR SING SING ONLY

"Prior to March 1, 1924, no uniform or systematic procedure had been adopted by the prison authorities in reporting to this office the cases of alien convicts who might be subject to deportation under the Federal Immigration Laws. On or about March 1, 1924, however, the Sing Sing authorities commenced the systematic reporting of such cases to this office, * * * and since that time 590 cases have been reported, 525 cases investigated by officers of this service, 162 immigration warrants of arrest issued, and 127 cases ordered deported. Of the total number we now have 65 cases ordered deported. Of the total number we now have 65 cases under investigation and 35 cases in which warrants of arrest have been applied for. Of the 590 cases reported, it was ascertained upon investigation that either by reason of statutory limitations of the establishment of proof of United States citizenship, 353 cases were not amenable to deportation.'

SITUATION DEMANDS ATTENTION

These cases refer only to Sing Sing. An idea of the proportion may be had from the fact that the New York State Reformatory at Elmira, which admitted 119 aliens during the calendar year 1924, discharged 33, of which number only 12 were deported. The wardens of Clinton Prison and Great Meadow Prison turned over to the United States Commissioner of Immigration at Montreal, Canada, for deportation during the year 1925, 27 aliens. The Commissioner

advises that of that number only 16 were deported through his office. Auburn Prison turned over 36 to Federal authoities. No reply has been received from the Commissioner located at Buffalo as to the deportations made through his office.

PASSPORT DIFFICULTIES ENCOUNTERED

Commissioner Curran calls attention to the difficulty experienced by his office in doing effective work in this regard. Because of lack of force and sufficient appropriations, his office is physically unable to take up and dispose of the cases reported from the penal institutions. Trouble is experienced in securing passports, which are necessary in every case of deportation, and in many cases passports are not secured because immigration officers are unable to secure from the alien documentary or other satisfactory evidence as to his citizenship or nationality. He calls attention to the fact that it has become generally known at the various prisons that deportation can not be effected without passports, and for this reason it often happens that alien convicts either refuse to give immigration officers the information desired or purposely give misleading information concerning their identity.

NECESSITY FOR MORE COMPLETE RECORDS

Commissioner Curran suggests-and this should be specially called to the attention of all heads of penal and correctional institutions that notwithstanding the provision of the State law-that information need not be secured until within three months after arrival, a record be immediately secured from all aliens as promptly as they are received at institutions, concerning their nationality, place of birth, or citizenship, and, if possible, documentary evidence in the shape of passports, birth certificates, etc. This information, if obtained upon the arrival of men and women in prison, is more reliable data than could be secured later, because new prisoners learn from other inmates the difficulties in effecting their deportation unless passports are secured. The Secretary of the United States Department of Labor should be urged to direct that a study be made of the present law and its practical operation so that such amendments as are possible may be made to it to cover the loopholes and opportunities now afforded for dodging deportation.

DRASTIC LAWS AND DECENTLY PAID INVESTIGATION OFFICERS NEEDED

From the study made above, with the very incomplete figures at hand, it is evident that a real job has been badly done by the Government. A lax enforcement of law is too expensive at any price. No argument can be given but that there is need for prompt and vigorous action by Federal and State officials to provide more drastic laws and regulations, adequate facilities, decently paid officers, and additional appropriations for the deportation of alien criminals. All of us will agree that we should receive with open arms and helpfulness all those decent law-abiding people who come from other countries to partake of the blessings of this free country, but for those with criminal tendencies who think that liberty is a license to flout our laws and engage in lives of crime there is no place here and they should, one and all, be picked up at the prison door and shipped back to the country which gave them birth. Those who are permitted to escape become a menace to life, property and citizenship and a continuing burden on the taxpayers of this country.

STATEMENT OF SENATOR GOFF

United States Senator Goff of West Virginia, in a recent address, stated: "Statistics show that criminal aliens who have been permitted to enter this country are responsible for a large proportion of our crimes. The sooner we clean the melting pot and throw out the slag the better it will be for all of us, and I am going to use my efforts to see that those who can not obey our laws are sent back by the shipload, if necessary, to the ruin and terrorism from which they came."

If a small fraction of the "fuss and feathers," expense, energy, publicity, and activity on the part of various individuals and bodies, in relation to the case of one lone lady of quality whose morality was recently questioned, could be expended in providing adequate and capable deportation forces, proper appropriations and adequate laws for ridding the country of undesirable aliens, a shipload, such as Senator Goff speaks of, could be sent back with the

efforts made. It is pleasing to note that just now the Department of Labor is making a survey of the whole situation in this country, and it is hoped that definite and adequate results will follow.

It is suggested that the Secretary of the Department of Labor seriously consider an amendment to the law which will provide that any alien hereafter sentenced to imprisonment for a term of six months, for violation of the laws of a State, or the United States, shall be deported after expiration of his term of imprisonment, and that the much-bandied term "moral turpitude," for which no one seems to have a proper definition, be scrapped.

CRIME SITUATION IN CHICAGO AND NEW YORK

Our State and city authorities, in their study of crime conditions, should have in mind the very important relation that criminal aliens have to our whole crime situation in this State. From recent statements in the public press, it is evident that this too is a very big factor of the crime situation at Chicago.

For the information of the various penal and correctional institutions of the State of New York, the sections of the State under various commissioners are as follows:

"The immigration_district under the jurisdiction of the Commissioner of Immigration at Ellis Island includes that part of the State of New York lying south of the counties of Essex and Hamilton, and that part of the county of Herkimer lying south of Black Creek and Mill Creek and east of Oneida, and east of the counties of Madison, Chenango and Broome, as well as certain counties in the northern part of the State of New Jersey. The district under the jurisdiction of the United States Commissioner of Immigration at Montreal, Canada, includes that part of the State of New York lying north of the counties of Warren, Fulton, Oneida and Oswego, and that part of Herkimer county lying north of Black Creek and Mill Creek; while the Buffalo district includes that part of the State of New York lying west of the counties of Delaware, Otsego, Herkimer and south of the counties of Lewis and Jefferson."

RECOMMENDATIONS OF NEW YORK COMMISSION

It is recommended:

1. That this commission urge the New York State Representatives in the Senate and House of Representatives to secure adequate appropriations and sufficient force to carry out completely the provisions of the present immigration laws as to the deportation of alien criminals.

2. That they be urged to amend the law so that sentence of six months to any penal or correctional institution for violation of State or United States laws will be sufficient grounds for deportation of aliens, instead of the present law which requires sentence of one year.

3. That the judges of the criminal courts of the State be urged to sentence aliens to terms of not less than one year wherever the crimes committed by them permit, and that the district attorneys of the various counties be asked to take this into consideration in arranging for sentences.

4. That State and institutional parole boards, which have discretion as to the time in which prisoners may be released, be asked to consider in the cases of alien criminals, wherever possible, a minimum time of one year.

5. That the wardens of State prisons, county sheriffs, and superintendents of reformatories and penitentiaries be requested to secure all necessary records of aliens committed to their institutions immediately upon entering the prison or institution, and that such information be immediately transmitted to the Commissioner of Immigration of the district in which such institution is located. Respectfully submitted.

JOHN S. KENNEDY, Commissioner. The CHAIRMAN. The deportation bills now under consideration by this committee are designed to correct that very situation. If it were not for the necessity of this correction, the United States might struggle along under present deportation laws. But, no, the conviction-for-crime clauses do not reach far enough. We deport for conviction of crimes involving moral turpitude, and two convictions are required in certain cases. But "moral turpitude," does not reach the alien gunmen of New York, who are convicted under the