Speech #670383605

We are old colleagues. We worked at Ellis Island together for years and he used to be my interpreter. The reason I selected him was that he was a man that understands. reads. and writes many languages. and I selected him because not only would I be safe as to a thorough immigration man but I would have a thorough translator so that I would not have to depend on broken English." (Testimony. pp. 563. 567.) Those held upon the preliminary inquiry were then transferred to a more permanent place of detention. Thereafter the evidence upon which was determined the case of each prisoner thus held was taken before a representative of the Department of Labor. by whom it was transmitted to that department which. in due course. upon consideration of the same. made its order either of deportation or discharge. the prisoner being accorded thle right to counsel at such hearing. To some inhuman aspects of these proceedings attention will be invited later. For the present it is asserted as Indisputable that]. The agents of the Bureau of Investigation of the Department of Justice have no authority to make arrests in deportation proceedings. if. indeed. they have authority to make arrests at all. 2. The agents of the Department of Labor have no authority to make an arrest looking to deportation without a warrant. 3. The issuance of a warrant upon the unsworn statement of an agent of the Bureau of Investigation is a plain violation of the fourth amendment to the Constitution of the United States. 4. There is no authority in the law for the conduct of a search in deportation proceedings. either of the residence of the alien or of the meeting places of societies condemned by the immigration laws or for the seizure of books. records. or papers of either. 5. There is no authority in the law for the issuance of a search warrant in deportation proceedings at all. 6. There is no authority in the law for the issuance of a search warrant to seize books or papers to he used as evidence. even of the commission of a crime. much less to establish a case in deportation proceedings. 1. It is unnecessary to inquire whether under any circumstances. except such as justify any person in acting. agents of the Bureau of Investigation have authority to make arrests. It is generally understood that they are investigators merely. gathering information which they submit to the officers charged with the prosecution of crime and the arrests of criminals or those accused of crime. No pretense is made that -in virtue of the office they hold they have any right to make arrests in deportation proceedings. It is In effect conceded that they have not. The Attorney General being interrogated on that point declined to answer further than to say that they had authority to do what they did. which he asserts was " as a matter of fact to assist the immigration inspector in taking into custody persons for whom the immigration inspector had warrants." (Hearings. p. 635.) If this statement is altogether disingenuous it exhibits a delusion on his part. Multitudes were arrested for whom no warrant was out. The instructions contemplated that there were to be. The participation of the immigration inspector or of any official of the Department of Labor " In the raids " approached. if it did not reach. the vanishing point. The theory advanced by the Attorney General is altogether incompatible with the circular letter quoted above. issued by his authority. containing instructions for the conduct of the officers directing the raids. The whole Instrument is at war with that idea. but the extracts set out bellow particularly refute it. The letter from which these extracts are made was transmitted to George E. Kelleher. an agent of the Bureau of Investigation at Boston. The chief of that bureau having by it told Kelleher that he. the chief. having submitted affidavits from Kelleher to the Commissioner of Immigration. upon which he. the chief. had asked warrants which would be transmitted to the inspector who would inform Kelleher of their receipt. the latter would be advised when to proceed. and thereupon he. Kelleher. on the telegraphic order. not of the Department of Labor. but of the Chief of the Bureau of Ivestigation. was not to aid or cooperate with the inspector in making the arrests. but himself "to take into custody all persons for whom warrants have been issued." " It may be necessary for you." the instructions continue. " to obtain the assistance of the local authorities." not to have the inspector procure such assistance. Finally. setting all doubt at rest. the instructions admonish the agents that "it is to be distinctly understood that the arrests are being made under the direction and supervision of the Department of Justice." This remarkable declaration prompts some curious speculation. By whom was it to be so understood? What steps were to bc taken to make it so understood? Was it to be so understood by the immigration inspector should he in any wise attempt to control the conduct of those making the arrests? Was it to be so understood by the parties arrested possibly to impress them with the futility of making any attempt to evade the sleepless eye of the Government Secret Service. or was it to be so understood by the public through interviews given to the press. and. if so. to what end? From those instructions It was evidently expected that the inspector should sit in his office with the warrants while the actual arrests were being made by the agents of the Department of Justice and those whom they should call to their assistance.