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or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government
of the United States or of any other organized government, because of his or their official character, or who advocate or teach the unlawful destruction of property.
Many of the persons referred to had resided in this country for many years, and others were recent arrivals. Some, it was claimed, were of the anarchistic classes at the time they entered the country, while others had become such after arrival. As a rule they did not attract particular attention in communities where they lived until our own participation in the world conflict put them to the extreme test of loyalty to our Government, when, in some cases, their true character became apparent.
Unfortunately it had been thought when the act of February 7, 1917, was under consideration that the most dangerous aliens of these classes were those who not only held anarchistic views but advocated or taught anarchy, and, accordingly, unmistakable provision was made for the deportation of aliens of the latter class, while there was some doubt whether anarchists could be deported as such unless evidence could be produced showing activity along one or more of the lines indicated by the descriptive phrases of the law above quoted.
However, the bureau proceeded to act upon applications for arrests, not only of those found advocating or teaching anarchy, the unlawful destruction of property, or any of the things inhibited, but also of aliens who admitted that they were anarchists of the so-called philosophical type, who believed in the doctrine as a philosophy but did not advocate or teach it.
The act of 1917 and previouslaws made a further distinction, for they provided that aliens of the anarchistic classes could be not deported unless they were such at the time they entered the United States. In other words, aliens who developed anarchistic beliefs after arrival, even if they advocated or taught anarchy, could not be expelled from the country.
Realizing, however, that the right of the department to deport in any case in which a question of law could be raised would be vigorously contested, the entire subject was discussed by the bureau with the Department of Justice and the conclusion reached that under all of the circumstances, and especially because the country was at war, an effort should be made to secure from Congress amendatory legislation which would remove from the statute all doubtful questions and clearly support the department in proceeding against alien members of all the anarchistic classes. Accordingly there was drafted and presented to Congress a bill which was finally passed and was approved October 16, 1818.
This measure provides as follows: That aliens who are anarchists; aliens who believe in or advocate the overthrow by force or violence of the Government of the United States or of all forms of law; aliens who disbelieve in or are opposed to all organized government; aliens who advocate or teach the assassination of public officials; aliens who advocate or teach the unlawful destruction of property; aliens who are members of or affiliated with any organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property shall be excluded from admission into the United States.
Sec. 2. That any alien who, at any time after entering the United States, is found to have been at the time of entry, or to have become thereafter, a member of any one of the classes of aliens enumerated in section one of this act, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported in the manner provided in the immigration act of February fifth, nineteen hundred and seventeen.. The provisions of this section shall be applicable to the classes of aliens mentioned in this act irrespective of the time of their entry into the United States.
Sec. 3. That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this act, thereafter return to or enter the United States or attempt to return to or to enter the United States shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment for a term of not more than five years; and shall, upon the termination of such imprisonment, be taken into custody, upon the warrant of the Secretary of Labor, and deported in the manner provided in the immigration act of February fifth, nineteen hundred and seventeen.
Clearly, this legislation leaves no room whatever for doubt with regard to its extent and scope, and, while it was in a sense a war measure, it is so salutary a law that it is doubtless permanently placed upon the statute books.
Meanwhile the bureau had proceeded along the usual lines with the apprehension of alien members of the anarchistic classes whenever cases could be brought to light.
It will be observed by referring to Table XVII that 2 aliens were excluded from the United States at our ports on anarchistic grounds during the fiscal year, while Table XVIII shows that 37 aliens of the same classes were expelled from the country during the same period, and Table XVIII-A that 55 are awaiting deportation, making a total of 92 ordered deported during the year.'
A curious circumstance with regard to many of these cases relating to members of the anarchistic classes is this: Most of those who have been proceeded against seem to be opposed to all government as organized at present, yet in no class of cases arising under the immigration law has there been apparent so general a desire to claim, most vociferously if inconsistently, the right to be protected in every manner and to every degree by the existing government. Only a very few of the aliens arrested upon these charges were found to be willing, as aliens generally are, to submit to deportation as the result of the orderly processes of the administrative department, and writs of habeas corpus were constantly sought and the most vigorous efforts made to have the courts set aside the powers conferred upon the administrative branch by the Congress with regard to the subject of immigration control. The bureau was obliged to meet these contentions at various points throughout the country. Generally it was successful. In a few instances, however, the courts ordered the release of aliens who were being deported by the department, the ground usually being that there was not in the particular record affecting the alien evidence showing that he was a member of the inhibited class as charged. As there were only 5 instances, however, in which the courts actually released aliens who had been ordered deported upon the grounds mentioned, considering all of the circumstances, the bureau feels that its officers are to be congratulated upon the measure of success which attended their efforts.
Many of the States have passed laws on syndicalism and other phases of anarchistic activities, paralleling in some respects Federal statutes, One feature distinguishes these laws from the national
1 A number of alleged snarchists were arrested and deported during the year on grounds other than the charge of anarchy.
system, in that any person violating them, whether native or foreign born, is subject to punishment for their infraction. The question whether the Federal law concerning anarchy can be made applicable in principle to citizens of the United States, native or naturalized, may be solved by the passage of laws providing that any person committing the acts prohibited by the anarchistic provisions of the immigration laws shall be guilty of a criminal offense and punished accordingly, and, if an alien, that in addition he be deported. Proceeding further, the matter of denaturalization in the cases of those who have acquired citizenship through sources other than birth is worthy of study and consideration. The situation is such that there is demand that the law not only shall reach out with corrective effect to the foreigner who comes here, transplanted from systems of government that have for ages been autocratic, but with like purpose shall extend to those of our own country who have been reared in a government of equal laws and who have enjoyed the privileges of our institutions. In investigations made by the bureau into anarchistic cases during the war, it has been found that citizens are often put forward to carry on agitations and conduct propaganda leading to infraction of the law, thus preventing its enforcement to the full extent against those who would destroy all government. The progress made by the States in the endeavor to punish any and all who seek to destroy our institutions should be a source of gratification to supporters of law and order.
In this connection it is well to be mindful of the tenderness with which the law acts when it has established the fact that an alien is an anarchist. Deportation is not a punishment for crime. He is merely removed from one field of activity to another where he may continue his work. It is hoped that in the new spirit that seems to pervade mankind, the lot of the anarchist will not so continue, but that by the common consent of civilized nations something more may be done to provide for his adequate punishment as an international outlaw. The law of October 16, 1918, took a step in this direction by providing that an alien anarchist who comes back to the United States after having been deported on that ground may be arrested and punished by imprisonment, followed by deportation.
Another thought that has been evolved from the consideration of anarchistio work is that the alien who comes to our country fresh from places where the system of government is unlike that which exists here, and where repressive measures are enforced against many privileges that men believe they ought to enjoy, is imbued with a feeling of opposition to government as a whole, which is not generally true of those who come from nations with democratic tendencies; but both classes come in contact with persons who are interested in and teach anarchistic doctrines or represent organizations having such tendencies. With the former class these find ready companionship; with the latter they get the first opportunity to insidiously pour into their minds ideas against government and constituted authority. The Government should take steps to arm every alien on admission at our immigration stations with the knowledge that can be utilized by him to confront these teachers of evil when they appear, and will enable him to combat them. He should be given information as to his privileges as well as his responsibilities. Contact, through the Information Division of the Immigration Serv
ice, should be continued after his entry and every assistance extended to prevent him from becoming the prey of the enemies of government and of our system of civilization, thus not only aiding in his assimilation but in his Americanization as well.
EDUCATION AN AID TO ASSIMILATION
Assimilation of aliens can, by cooperation, be developed by having the alien aid himself as much as by aid extended to him. Fortunately aliens who are law-abiding people and hence of the right kind to mold into our citizenship possess initiative and the desire to better their condition in high degree. In connection with their own efforts, direction under appropriate official authority should be afforded in the social and economic development of the work of assimilation. Already has this service devoted attention to the subject by providing that notice shall be given to school and other authorities of the arrival of immigrant families having minor children subject to the provisions of the school, labor, and other laws. It also had, when the war broke out, an arrangement with women's organizátions of the country whereby these notices could also be sent to their local units, which had elected to take a beneficial interest in such work. This interest developed to an enthusiastic degree, but the effects of the war preparations prevented progress. In returning to the conditions of peace, this work should be renewed and prosecuted with vigor, and the organizations of women and men which had tendered their services in the past should be called into activity. As these organizations are found to have units in practically every village, town, and city in the land, the results can not fail greatly to aid the objects of the movement. Efforts of this character induce interest and command success, as they are founded on the work of willing hands and kind hearts.
This movement should not be on class or racial lines. It should follow the fundamental teachings of our institutions, and in its organization and development no more should be done for the alien than is done for the citizen, native or naturalized. This would aid in instilling into the minds of the new citizenship that may be thus secured the fundamental principle of our institutions-equality. It would, moreover, aid in dispelling the idea of class and caste, something from which most of the aliens who come to us have endeavored to escape.
This cooperation would show the good qualities as well as the evil tendencies of those participating in the movement. The further development of advantages derived could by wise statesmanship be fostered and provision made for a correction of the evils discovered. Violation of immigration or other laws or conspiracies against law and order or against the Government itself would
be brought to light and remedied by the enforcement of law. In this way the citizen and the alien alike would be safeguarded against the anarchist and the advocate of revolution.
All this would not only promote assimilation leading to the Americanization of the foreigner in our midst, but would minimize the efforts of the opponents of law and order to undermine our Government. These are at work, constantly agitating and steathily endeavoring to carry out their plans; while, as a general thing, the advocates of law