Speech #810183820

I can conceive of no greater violation of the spirit of the law and intent of the Congress than to permit displaced persons. who themselves are experimenting with resettlement in this country. to give assurances of employment and housing for other displaced persons. This brings up a consideration of persons likely to become a public charge. Inasmuch as the validity of the assurance is interpreted by the Displaced Persons Commission to be within their exclusive jurisdiction. neither the Consular Service nor the Immigration and Naturalization Service makes any investigation into the reliability of assurances. Therefore. the availability or unavailability of a particular job. or the skill or lack of skill of a particular displaced person in a given field. is not known to any official of the United States Government until after the displaced person has arrived in the United States and either has no job to which to go. or has no knowledge of the duties which he is to perform. Obviously a displaced person coming to the United States under a socalled blanket assurance will not be deported simply because there is no job available upon his arrival. It Is equally obvious that one whose assurance has been withdrawn will not be deported. However. he is subject to deportation under our general immigration laws if It Is determined by the Immigration and Naturalization Service that he is a person who has become a public charge. The Displaced Persons Commission has. therefore. included In its regulations a proviso that "an applicant admitted under the act shall not be deemed to have become a public charge under the act by reason of receiving public services. other than financial assistance. available to persons in the community in which he resides." Therefore. such an applicant may be furnished emergency housing by relief agencies in the United States as well as food and subsistence for an Indefinite period of time without being subject to deportation. If the Commission is allowed to interpret our general Immigration laws by its regulations. Senators will recall that the question of whether or not an Immigrant is one likely to become a public charge is a part of our general immigration laws. and that this question is determined by the Immigration and Naturalization Service. For many months there has been serious disagreement between the Immigration and Naturalization Service and the Displaced Persons Commission representatives in Europe. as to which agency is to decide this question. The Displaced Persons Commission has contended that because there is an assurance on file in Washington. D. C.. there is then no question of whether or not an applicant is likely to become a public charge. Therefore. it is their contention that the Immigration and Naturalization Service is precluded from examining into the financial responsibility. either of the applicant or of his sponsor in the United States. and that admittance to the United States cannot be withheld on the ground that such person is likely to become a public charge. Let us not forget that job and housing assurances by displaced persons for displaced persons are encouraged and accepted by the Commission. It occurs to me that a displaced person who comes to this country on the employment and housing assurance of another displaced person is very likely to become a public charge. In any event. the Immigration and Naturalization Service must insist upon their right to reject an applicant if he Is likely to become a public charge. because this duty is imposed by law. and cannot be abrogated or repealed by an interpretation of the Displaced Persons Commission. The conflict of jurisdiction In this matter of public charge was finally made the subject of a series of conferences. in which the State Department participated. culminating in an instruction by the Immigration and Naturalization Service that its employees would be bound by the findings of the Commission on the eligibility of an applicant. The language used Is as follows: When during the course of examination for immigration purpose it comes to the attention of an officer of this Service that an error may have been made in the finding that an applicant is a displaced person or an eligible displaced person the facts should be brought to the attention of the appropriate representative of the Displaced Persons Commission. Also. if it appears during Immigration inspection that an applicant has procured his eligible displaced person status through misrepresentation or fraud the facts should likewise be brought to the attention of the Displaced Persons Commission. However. when the Commission rules or confirms its finding on the basis of such facts which have been brought to its attention that an applicant is a bona fide eligible displaced person such ruling shall not be questioned by this Service. It should be noted that nowhere does this Instruction refer to "public charge" which is a ground for exclusion under our general immigration laws. Yet. the European coordinator of the Commission sent out a memo to all of his senior officers. stating: The instructions are interpreted by this office as confirming the authority of the Commission in the question of "public charge." since assurances in this connection are filed with the Commission. and it is the Commission which has jurisdiction in determining the validity and adequacy of such assurances. This same memo of the Commissions European coordinator further instructed Commission officers to return to the Immigration Service all cases previously rejected by the Immigration Service on the ground of ineligibility. In view of the attitude of the Commission in this regard. the Senate might well devote a few minutes to the question of eligibility under the act of 1948. The Displaced Persons Commission has maintained that neither immigration nor consular officers have jurisdiction to examine into the eligibility of applicants. even though there may be reason to believe that the eligibility of such applicant is based upon fraudulent documents. or perjured statements. Think of that for a moment. Mr. President. The Displaced Persons Commission. an agency of the Government of the United States. sworn to uphold the Constitution and the laws of the United States. appointed by the President of the United States. sends out the mandate that neither immigration nor consular officers have jurisdiction to examine into the eligibility of an applicant. even though there may be reason to believe that the eligibility of such applicant is based upon fraudulent documents or perjured statements. Can it be possible that the administrators of the laws of America have lost all honor. all decency. all regard for an oath. all regard for the safety of the Government. so that they instruct those under them that one who has made a fraudulent document or resorted to perjury may nevertheless be rewarded for his fraud and perjury? What is more.