Speech #810190960

Mr. President. I was reading the original order from the head of the immigration service to his chief officer in Europe. and I ask Senators to listen to the further reading of the order: This ServiceSpeaking of the Immigration Service. and I am continuing to quote from the orderis held to be responsible only for determining whether persons who have been classified as eligible displaced persons are admissible to the United States under the immigrations laws and eligible displaced persons shall be examined only to the extent necessary to determine whether they are admissible under the immigration laws. In other words. It is to examine them only for that one specific purpose. Mr. President. I read further: The usual care should be exercised to insure that displaced persons who are not admissible under the immigration laws will be excluded. This means that when there is any reason to believe that an applicant for admission is not admissible under the immigration laws or regulations. there should be no hestitancy in holding the applicant for such further action as appears appropriate. However. when during the course of examination for immigration purposes 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. At that point. Mr. President. asthe Senator from Mississippi and others have stated. all that a consul can do and all that an immigration officer can do. when he finds that fraud has been committed in connection with that category. is to send the file back to the Displaced Persons Commission for its determination. because of the fact that the power is lodged with that agency. Also. if it appears during immigration inspection that an applicant has procured his "eligible displaced person" statusThe Senator from Massachusetts stated that in case of fraud. the consul could refuse admittance. could exercise a veto. or that the Immigration Service could refuse admittance. But the order says it is to be returned to the Displaced Persons Commission. However. when that 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. The reference is to the Immigration Service. To use for an example a case you have cited. that of the applicant Erna Zale. who Is shown to have resided in England from November 1947 through November 1948. this Service should not question the finding of the Displaced Persons Commission that she had a "constructive residence" on January 1. 1948. and that she was an "eligible displaced person." Mr. President. I should like to ask whether Senators knew that the act had been so administered by the Displaced Persons Commission as to permit constructive residence in England to take the place of residence in a displaced camp in Germany. as the basis of admission to this country. The Senate committee only this morning ascertained from the Immigration Service that people residing in the British Isles are constructively presumed to reside in Germany. and may become eligible to enter the United States. I read further: It is hoped that the foregoing definitions of the respective responsibilities of the agencies concerned in the administration and enforcement of this act will relieve you and your staff of some of the difficulties under which the central office is aware you have been laboring. Due to lack of clarity in several respects of the act itself. it would be difficult to reach these interpretations by considering. by themselves. the several provisions of the act. but viewing the act as a whole and its purpose. the foregoing statement of jurisdictions and responsibilities has been concluded to be the only practical method of giving effect to the understood Intent of Congress and the purposes of the act.