Speech #780224296

House Resolution 587. who uses a different phraseology to express the same purpose as those of his colleagues. the text of these resolutions appears to be identical. and. as they seem to follow the phraseology used by Mr. DICKSTEIN. a copy of his resolution. House Resolution 576. follows: "Whereas it is common knowledge that countless thousands of innocent persons. of all racial groups and religious beliefs. in many of the countries of continental Europe have been murdered or otherwise ruthlessly persecuted by the Axis nations. and "Whereas it is accepted by wellinformed people that unless something is done in the immediate future countless more thousands will be murdered or otherwise ruthlessly persecuted. and Whereas under the present existing immigration laws. unlike the limitation on the number of persons who may come to the United States permanently as immigrants. there is no such limitation on the number of those who may come temporarily. and Whereas the United States can and should contribute Its facilities for the temporary relief of such persons by admitting some of these distressed people temporarily to specified areas to be known as free ports for refugees: Therefore be it "Resolved. That it is hereby declared to be the sense of the House of Representatives that the President should take such action as is necessary. within Executive powers under existing law. to admit temporarily into designated areas within the United States. to be known as free ports for refugees. aliens who can establish satisfactorily that they are bona fide political or religious refugees from countries in continental Europe. such temporary admission to be conditioned that such aliens will remain in the prescribed areas. will be admitted for a period not to exceed 6 months after hostilities have ceased. and shall not thereby be considered as having acquired any rights to be or remain in the United States: Provided. however. That it is further the sense of the Congress that no persons should be admitted. in accordance with the spirit of this resolution. if they are afflicted with any loathsome. dangerous. or contagious diseases. "It is further urged as being within the spirit of this resolution that as time is strictly of the essence in the success of the purpose of the resolution. the President is urged to act as soon as possible." An analysis of this resolution which. as has already been said. is in substance identical with those enumerated in a preceding paragraph demonstrates a curious misapprehension both of the facts of the situation and of the law. Obviously the passage of a resolution by the Congress recommending to the President that he should take such action as is necessary to admit refugees on a temporary basis can have no effect whatsoever in preventing the murder in the immediate future of countless thousands of unfortunates who have incurred Hitlers enmity and are still within the reach of his ruthless minions. In an earlier section of this memorandum a practical and reasonable solution for the rescue and rehabilitation of refugees who have escaped from Axis territory is clearly set forth without a reversal of our immigration policy or the necessity of any amendment of our immigration laws. As Mr. Pegler well said in one of his recent columns: "Past performances in many fields instinctively suggest that the promise that these refugees will be repatriated after.the war and meanwhile restricted will not be kept. Past performances suggest also that once a principle has been conceded by importation of 1.000 European aliens with no pretense that they are eligible or suitable for permanent residence here. the number that will be brought in later will be limited by shipping facilities. individual pull exerted through personal friends and organizations in the United States. and public tolerance." (Washington Daily News. June 14. 1944.) That is the undiluted truth. Of course. it will be understood by anyone who has carefully followed the analysis of our immigration laws set forth in the course of this memorandum that the assertion in paragraph 3 of House Resolution 576. and its counterparts. that there is no limitation on the number of aliens who may come in temporarily is utterly without foundation. The prohibition in the law against the admission of aliens liable to become a public charge is absolute. Even if it were not for the provisions of the act of 1917 forbidding the entry of various classes of aliens under any conditions. as has been. set forth previously in detail. a careful reading of title 8. section 203. which enumerates the classes of aliens who are not classified as immigrants and therefore eligible for temporary admission. indicates that upon the broadest interpretation a refugee cannot constructively be brought within its provision. Here is how section 203 reads: "When used in this chapter the term immigrant means any alien departing from any place outside the United States destined for the United States except-(1) an accredited official of a foreign government recognized by the Government of the United States. (2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure. (3) an alien in continuous transit through the United States. (4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory. (5) a bona fldf alien seaman serving as such on a vessel arriving. at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman. and (6) an alien entitled to enter the United States solely to carry on trade between the United States and the foreign state of which he is a national under and in pursuance of the provisions of a treaty of commerce and navigation. and his wife. and his unmarried children under 21 years of age. if accompanying or following to join him." Bearing In mind always that refugees are barred by other provisions of law than those referred to above. they nevertheless could not truthfully be classified as tourists or as visitors entering the United States temporarily for business or pleasure. A refugee who has abandoned his residence in an enemy state and forfeited his allegiance is definitely debarred from return. Indeed. the possibility of his eventual return is wholly problematical. In this connection note that under the provisions of section 220 of the Immigration Act of 1924. of which section 03 is a part. that any person who obtains. accepts. or receives any immigration visa or permit knowing it to have been procured by means of any false claim or statement is guilty of a grave offense for which he can be fined up to $10.000. or imprisoned for not more than 5 years or both. Any person who connived or assisted an alien to violate this provision would of course. be liable to prosecution for a conspiracy to commit an offense against the United States. Finally. it may be said. that there are provisions in the immigration laws which prohibit the admission of criminals or persons who admit having committed a crime or misdemeanor involving moral turpitude. prostitutes. procurors. or pimps. also aliens belonging to subversive groups or who believe in or advocate the duty. necessity. or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) or of any organized government. because of his or their official character. If refugees are admitted outside of the regular immigration procedure. no information as to whether or not any of them might be so classified. would be elicited. Mr. Chairman. under the terms of the resolutions before the committee. any anarchist or Communist may be admitted upon establishing the fact that he is a bona fide political or religious refugee. The refugee may also be a white slaver. a narcotic peddler. or even an habitual criminal and yet secure admission within the spirit of the resolutions. providing only that he has not a loathsome or contagious disease. To be sure. I recognize the fact that these persons are to be kept under restraint but if the experience of the past 20 years teaches us anything.