Speech #640217913

I believe this will meet with the approval of the committee. if they will give it close attention : 11. The second amendment called for relates to the separation of wives from their husbands and parents from their children. which will be brought about by the definition given to the term "aliens" In section 1 of the pending bill. It reads: S" That the word alien. wherever used In this act. shall include any person not a nativeborn or naturalized citizen of. the United States." I hope the Senator from Massachusetts will be so kind as to notice thls matter that I am reading. because I think it will appeal to him. The language of the bill Mr. Marshall calls attention to is: " That the word alien. wherever used In this act. shall include any person not a nativeborn or naturalized citizen of the United Miates.". . Taking this language. It necessarily means that the foreignborn wife o* children of onewho. after migrating into the United States. becombs a naturalized citizen. continue to be "aliens" within the meaning of thig act since they are neither native born nor naturalized. Hence. if the family of a naturalized citizen should come to this country to join the head of the family. even though they may have resided here and may have gone abroad temporarily only. they may be deported. If this is not a separation of the kind characterized. but which could not have been contemplated. although literally provided for. language loses its significance. Moreover. a nativeborn woman who marries an alien loses her citizenship by the fact of such marriage. Should she. therefore. take a trip abroad. on returning to this country she is subject to deportaUon because of her allenage. should she have contracted a disease. or have become the victim of a misfortune which brings her within one of the classes of deportable Immigrants. That this Is not mere fancy is indicated by the recent decision of the United States Supreme Court in Mackenzie v. Hare (239 U. S.. 299). Under the existing law a woman who might lawfully be naturalized -who married a citizen of the United States is to be deemed a citizen. (Kelly v. Owen. 7 Wall.. 496. Low Wah Suey v. Backus. 225 U. S.. 1"3.) This excludes Chinese persons. but includes those of the white race. Yet a foreignborn woman not naturalized. though she becomes a citizen by the naturalization of her husband. as do their children mder the age of 18. will still remain an alien within the meaning of the immigration law. if this proposed definition of an " alien" is enarted. and becomes subject to all the conditions and prohibitions which fte act contains which are applicable to aliens. In order to avoid these untoward ceasequences. the least that can be done is to amend this definition by adding the words ." other than the wife and other than the children under 18 years of age of any istilveborn. or naturalized citizen of the United States." * It seems to me that that is unanswerable and that the comumittee did not intend to exclude the particular class of indiNihlals referred to in Mr.. Marshalls letter. Mi-. SMITH of South Carolina. Section 22 providesThat whenever an alien shall have been naturalized or shall have resided in the United States for seven consecutive years. and thereafter shall send for his wife or minor childrento join him. and said wife or any of said minor children shall be found to be affected with any contagious disorder. such wife or minor children shall be held. under such regulations as the Secretary of Labor shall prescribe. until it shall be determined whether the disorder will be easily curable or whether they can be permitted to land without danger to other persons. and they shall not be either admitted or deported until such facts have been ascertained. Section 22 gives relief on the very point to which the Senator has directed attention. They are detained until it is folnd whether they would jeopardize the welfare of citizens of the United States The minor children. I believe those under 18 years of age. and the wife of any naturalized citizen are allowed to come into this country with the exception I have just cited. but If they have contracted some contagious disease or are in a physical condition to endanger the health of citizens of the United States they are detained until it is found whether the disease is curable. If it is incurable. then they must be deported.