Hearings Before the Committee on Immigration and Naturalization, House of ... - United States. Congress. House. Committee on Immigration and Naturalization

The CHAIRMAN. The committee will come to order. We will consider today 5 bills. Four are numbered in consecutive order, H. R. 9364, 9365, 9366, and 9367. The committee will also consider H. R. 9518, which takes the place of a similar bill that has been withdrawn; the bill H. R. 9518 was drawn up in revised form, to take the place of another bill and to include certain sections which should have been repealed which were not in the original bill. The clerk will insert the bills in the hearing at this place.

[H. R. 9518 73d Cong. 2d Sess.]

A BILL To clarify the provisions of section 19 of the Immigration Act of February 5, 1917, to authorize the deportation of the habitual criminal, to guard against the separation from their families of aliens of the noncriminal classes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 19 of the Immigration Act of February 5, 1917 (39 Stat. 889; U. S. C., title 8, sec. 155), and section 14 of the Immigration Act of May 26, 1924 (43 Stat. 162; V. S. C., title 8, sec. 214), are hereby repealed. Such repeal shall not be construed to affect any suit, action, or proceedings, judicial or administrative, brought or existing at the time of the taking effect of this Act; but as to all such suits, actions, or proceedings the sections repealed by this Act are hereby continued in force and effect.

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

(1) Within five years after his entry became a public charge from causes shown to have existed prior to his entry; or

(2) Has been an inmate of or connected with the management of a house of prostitution; or

(3) Practiced prostitution, or derived any benefit from any part of the earnings of any prostitute; or

(4) Managed or was employed in connection with any house of prostitution or any music hall, dance hall, place of amusement, or resort frequented by prostitutes; or

(5) Assisted a prostitute or protected or promised to protect from arrest any prostitute; or

(6) Imported or attempted to import any person for the purpose of prostitution or for any other immoral purpose; or

(7) Knowingly encouraged, induced, assisted, or aided another to enter the United States in violation of law, and if the Secretary of Labor finds that the deportation of the alien is in the public interest; or

(8) Has been convicted in this country of a crime involving moral turpi tude committed within five years after his entry for which he has served a term of one year or more in any place of imprisonment or confinement; or

(9) After having been convicted in this country of a crime involving moral turpitude for which he served a term of one year or more in any place of imprisonment or confinement, has been thereafter convicted in this country of another crime involving moral turpitude for which he has served a term of one year or more in any place of imprisonment or confinement; or

(10) Has been convicted of two or more crimes committed in this country on two or more separate occasions (even if the crimes do not involve moral turpitude and were not punished by sentences of imprisonment), and the Secretary of Labor finds that the deportation of the alien is in the public interest; or (11) Was convicted, or has admitted the commission, prior to entry, of a crime involving moral turpitude; or

(12) Has been convicted and imprisoned for a violation of any of the provisions of section 4 of the Act of February 5, 1917 (39 Stat. 878; U. S. C., title 8, sec. 138).

(b) An alien subject to deportation under the eighth, ninth, tenth, or twelfth clauses of the preceding subsection shall not be deported until the termination of his imprisonment; and in deciding whether such alien is subject to deportation a conviction of crime shall not be considered if— (1) The alien has received a pardon for that crime; or

(2) The judge before whom, or the presiding judge of the court in which, the conviction was secured, within six months after such conviction (or within six months after the passage of this Act, whichever occurs later) and after giving due notice to representatives of the State, makes a recommendation that the conviction shall not be considered, and if the Secretary of Labor approves that recommendation.

(c) An alien who entered the United States, either from a foreign country or an insular possession, after June 30, 1924, shall be subject to deportation at any time if he

(1) Was a member of one or more of the classes excluded by law; or

(2) Entered the United States in violation of any law, convention, or treaty relating to the immigration, admission, exclusion, or expulsion of aliens; or (3) Entered the United States at a time or place not designated by immigra tion officials; or

(4) Entered without inspection; or

(5) Secured entry by false or misleading statements; or

(6) Remained in the United States for a longer time than permitted by the immigration laws or regulations made thereunder.

SEC. 3. The Secretary of Labor may specifically designate persons holding supervisory positions in the Immigration and Naturalization Service to issue warrants for the arrest of aliens believed to be subject to deportation under this or any other statute: Provided, That no person shall act under a warrant issued by himself.

SEC. 4. Any employee of the Immigration and Naturalization Service, under regulations prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, shall have power to detain for investigation any alien who he has reason to believe entered the United States without inspection. Any alien so detained shall be immediately brought before an immigrant inspector designated for that purpose by the Secretary of Labor and shall not be held in custody for more than twenty-four hours thereafter unless prior to the expiration of that time a warrant for his arrest is issued. SEC. 5. (a) The Secretary of Labor is authorized to order by warrant the deportation of aliens found by him to be subject to deportation under this or any other Act. He may, in his discretion, allow an otherwise deportable alien to remain in the United States if he is of good moral character, and has not been convicted of a crime involving moral turpitude, and has not engaged in subversive political agitation or conduct and if he

(1) Has at any time been lawfully admitted to the United States for per manent residence; or

(2) Has lived continuously in the United States for a period of not less than ten years; or

(3) Entered the United States when he was under sixteen years of age and has living in the United States a parent who has been lawfully admitted for permanent residence or is a citizen of the United States; or

(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;

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