Speech #740208352

Very well. The Senator from North Carolina. in his address yesterday or the day before. called attention to the case of Harry Carstans. He claims that he was an illegal entrant. and ought to be deported. The fact is that Mr. Carstans was investigated by the Department. I read from the information furnished by the Department in regard to that case. I am calling attention to this because it shows the assiduity of the Department of Labor in searching out all persons subject to deportation. The principal file in this case is in New York in connection with habeas corpus proceedings. From the record now in this office It appears that a warrant of deportation was issued. that a request for a stay of deportation was denied. that thereafter Carstans instituted habeas corpus proceedings in New York City. that the writ was dismissed by the district court in New York. which action was affirmed by the Circuit Court of Appeals for the Second Circuit. It further appears that Carstans was not delivered to the Immigration Service at the termination of court proceedings. The court bond has been declared breached. There are indications in the record that Carstans has proceeded to Canada. although it is not definitely known where he Is at present. The Senator from North Carolina calls attention to the case of Francisco Chavez. The Department says regarding that case: Chavez was found to be subject to deportation because he was not in possession of an immigration visa when he entered. It appears from the record that he had married an Americanborn woman who had lost her citizenship through marriage to an alien. but who had never left the United States. and that he had deserted her 2 months before the institution of deportation proceedings. Chavez was authorized to depart voluntarily without issuance of warrant of deportation. It later developed that he had resumed living with his wife and action was suspended. The Galveston district office have reported November 13. 1935. that they had closed the case. as Chavez could not be found and had apparently returned to Mexico in June of that year.