Speech #740167882

As a matter of fact. I suppose a great many of them knew they might be subject to deportation. but you leave behind a lot of innocent people who become the responsibility of the United States Government and of the States in which they live. So let every Member of this House answer the question for himself. because too often these matters do not receive any discussion or consideration at all when the Consent Calendar. is called. They are knocked down by an objection. and the matter is never properly presented. I have taken this opportunity to present it as it is and throw it on the shoulders of every Member in the House individually. At this point I shall insert the full text of the resolution which was passed by the House last August. House Resolution 350 Whereas during the past 2 years the Department of Labor has stayed the deportation of some 2.600 hardship cases of aliens technically. subject to deportation whose deportation would involve the separation of many families. leaving approximately 7.000 dependent relatives here. of whom approximately 5.000 are wives and minor children. pending consideration by Congress of certain proposed legislation. and Whereas the House Committee on Immigration and Naturalization on June 18. 1934. unanimously adopted a resolution urging the continued stay of deportation in such cases pending such time as .the Congress required for a further opportunity to study the problem: Therefore be it Resolved. That in order that the Congress may have adequate time to consider the proposed legislation. the Commissioner of Immigration and Naturalization be requested to continue the stay of deportation until March 1. 1936. in the cases of aliens of good character. excepting those involving a question of moral turpitude. in which deportation would result in unusual hardship. and be it further Resolved. That on or before January 15. 1936. the Commissioner submit .to the Congress for its consideration a list of all cases. excepting those involving a question of moral turpitude. stayed up to and including December 31. 1935. and to submit a list of the names of all cases. together with the full and complete file of each name and case. and all facts pertaining to same. Mr. Chairman. you will note by the terms of this resolution that the Congress has requested the Commissioner of Immigration to stay deportation in the case of aliens of good character. where no moral turpitude is involved. until the Congress has had opportunity for further study of the problem. This is the 10th day of February. That resolution will remain in effect until March 1. That is 20 days. The Commissioner has made his report as requested by the resolution. It Involves. as I have stated. 2.862 cases. who. if deported. will leave behind 6.389 near relatives. 4.665 of whom are American citizens. of which number 3.994 are dependents. who will become public charges. They are noncriminal aliens. The resolution applies only to aliens of good character who have not been involved in offenses which embrace moral turpitude. Deportation is mandatory under existing law. The only discretion permitted the Secretary of Labor is as to the fixing of the time on which the deportation shall be made. The attitude of this Congress. as I have observed it. is for greater restriction because of our farflung unemployment condition. I concur in that attitude. The immediate matter. however. does not concern itself so much with future policy as it does with these involved cases which will occasion the separation of families. The Congress can do one of several things. It can enact a resolution for a further stay of deportation in these cases. It can enact legislation conferring upon the Department of Labor discretionary authority in cases of this kind.* I am satisfied that it will never do that. It can take care of these Instant cases by special enactment covering them. Or finally it can confer discretionary authority upon an interdepartmental committee from the Department of State and the Department of Labor to handle such cases. I doubt whether it would confer such authority. But In any event it is the responsibility of Congress. because we specifically requested the Commissioner of Immigration to stay deportation until March 1. 1936. and he has done so. The next move Is up to Congress. The Kerr bill. which failed to come out of the Immigration Committee. has a provision conferring discretionary authority upon the interdepartmental committee. That provision was the bone of contention. In other respects the bill has some excellent provisions. which will get at the 20.000 criminals who should be deported but cannot be under existing law. the mandatory deportation of those engaged in vending narcotics. the deportation of habitual criminals. the deportation of racketeers who carry concealed weapons and are convicted of so doing. All that. however. is beside the point in dealing with the instant cases. If It is thumbs up on these 2.862 cases. they will stay. If it is thumbs down. it is up to the Department of Labor to proceed with deportation.. Since they have families here and can. within a year. return under a nonquota or preferential quota status. I wonder if deporting them would not be a gesture and a bit of magnificent futility. They are not criminals within the meaning of existing immigration laws. and I know of nothing to prevent their return at the end of a year. Since they must be deported at Government expense. it looks like a years vacation and an ocean trip for 2.862 people at the expense of Uncle Sam. It remains. however. a responsibility of the Congress. Someone might well say. "Why does not your committee do something about it?" The answer is that any legislation to cover it must come up under a special rule. by suspension. or by unanimous consent. Every Member of this House can testify as to what happened to many immigration bills which came up under suspension or on the Consent Calendar. They have about as much chance as the proverbial snowball. The committee is divided on the matter. and I. in conjunction with some of the members of that committee. have opposed bills that were reported favorably. So there you are. and when all is said and done. the question still remains. What will the Congress say to the Labor Department on March 1 with respect to these 2.862 cases? Of course. the Congress is not obligated to say anything and can let the matter go by default. in which event the deportations will be made. In any event. I have tried to do my duty by laying the substance of the Commissioners report before the House for its consideration.