Speech #780224296

R. R. A. is in a position to assume the financial responsibilities involved. the Bureau of the Budget shall make arrangements for financing the project. using to the extent possible any available funds of the War Department. the War Relocation Authority. and the War Refugee Board. and from the foreign war relief appropriation. and. if necessary. drawing upon the Presiderits emergency fund." Subsection (i) of section 136 of title VIII of the United States Code is further fortified by the succeeding subsection of this section. which provides that "persons whose tickets or passage Is paid for with the money of another. or who are assisted by others to come. unless it is affirmatively and satisfactorily shown that such persons do not belong to one of the foregoing excluded classes. * * * It Is indisputable. as has already been pointed out. that refugees belong to one of the excluded classes. that is to say. as persons likely to become a public charge (subsec. (I). and possibly also as paupers or vagrants (subsec. (b)). All persons mandatorily excluded from .admission into the United States by title VIII. section 136. are. therefore. "not lawfully entitled to enter or to reside within the United States" within the meaning of title VIII. section 144. of the United States Code. to which reference has already been made. These provisions of law are conclusive against the admission of refugees "outside of the regular immigration procedure." as. contemplated in the Presidents order. It may. perhaps. be well to add that "any alien who at the time of entry was a member of one or more of the classes excluded by law" is mandatorily deportable if found within the United States at any time within 5 years after entry (cf. title 8. sec. 155. U. S. C.) . Furthermore. if an alien happens to belong to one of. the subversive groups. he Is deportable at any time after entry (cf. title 8. sec. 137. subsec. (g)). It is wholly erroneous to suppose that there is any provision of the immigration laws which authorizes the admission for temporary residence in the United States of any of the classes of aliens who are mandatorily excluded by law. It is evident that the refugees who have been ordered to be admitted by the President "outside the regular immigration procedure" are also mandatorily excluded by the provisions of the Immigration Act of 1924. That is to say. not only because of the probable exhaustion of the quotas applicable to the countries of which they are citizens. but also because title 8. section 202. subsection (f) prohibits a consular officer from issuing an immigration visa to any alien whom he knows or has reason to believe is inadmissible to the United States under the immigration laws and subsection (g) which provides that "nothing in this chapter shall be construed to entitle an immigrant. to whom an immigration visa has been issued. to enter the United States. if. upon arrival in the United States. he Is found to be inadmissible to the United States under the immigration laws." As has already been pointed out. the refugees are unquestionably mandatorily excluded from entering into the United States by title 8. section 136. subsection (I) and title 8. section 144. Be it noted in connection with the various provisions of the Immigration Act of 1924. that under section 223. the provisions of that law are in addition to and not in substitution for the provisions of the immigration laws. and shall be enforced as a part of such laws. and all the penal or other provisions of. such laws. not inapplicable. shall apply to and be enforced in connection with the provisions of this law. Attention is particularly directed to the fact that an alien. although admissible under the provisions of this law. shall not be admitted into the United States if he is excluded by any provision of the immigation laws other than this law. and an alien admissible under the provisions of the immigration laws other than this law. shall not be admitted into the United States if he is excluded by any provision of the Immigration Act of 1924. In accordance with the terms of section 223. it is perfectly clear that refugees for reasons repeatedly set forth above are not admissible as nonlmmigrants as defined in section 203. At the beginning of this discussion of the legal aspects of the Presidents order to admit 1.000 refugees. it was pointed out that from the Presidents effort to secure a delegation of power from Congress to annul the immigration laws in whole or in part. it is fair to assume that he not only had no such power but also that he did not believe he had such authority. There has been an erroneous assumption by some people that because the Constitution designates the President as Commander in Chief of the Army and of the Navy. he has acquired an extension of civil powers not specifically conferred upon him by law. The fact is that the President has no power by virtue of his position of Commander In Chief of the Army and Navy to set aside an act of Congress.