Giovanni Caruso guilty of perjury and a naturalization fraud has only a sister in the United States. That fact makes it a hardship case in the opinion of the Secretary of Labor. He may have parents and sisters and brothers abroad, but the fact that he has a sister here somewhere justifies him committing perjury and breaking the law.

Lillian Flake is another on this list of 34. She was guilty of theft and has several convictions, but she has an American husband, who, no doubt, she acquired after she got in, and that calls for administrative indulgence of her thievery.

The last on this list of 34 is John Kulla, a notorious kleptomaniac, whose kleptomania is well recorded in his file in the Department, I am told.

Now as to another class of aliens that ought to be deported.

Congress man Dickstein appeared before the Rules Committee of the House on the 7th of March-I do not know whether you were there or not Judge Smith-but he and other members of the House Immigration Committee appeared before the House Rules Committee, of which you are a member, in favor of a resolution to authorize the Immigration Committee to investigate alien smuggling; describing such smuggling as a racket. Congressman Dickstein even told your committee how aliens were sewed up "in burlap bags" and brought in from Cuba, only in case our patrol set chase and got too close, the aliens are dumped overboard "in burlap bags", and how aliens married Florida women merely to get into the United States and the like. And Congressman Schulte told your committee how aliens were even shipped "in crates" at San Francisco and what smuggling racket was going on there. As a result of their representations your House Committee on Rules, Judge, reported favorably to the House a resolution House Resolution 144, authorizing an investigation of the aliensmuggling racket. The resolution already had the unanimous support of the House Immigration Committee. I mention all this in connection with paragraph 5 of section 14 of your bill H. R. 5138, that would deport alien smugglers and to show the need for such legislation. That whole section 14 would add many alien undesirables to the present deportable classes that should be deported.

Here is Shepsel Kushelewich, another on this list of 34. He has an uncle and two cousins in the United States. He uttered counterfeit visas and was guilty of forgery. He is another hardship case who was sent to Canada and readmitted by the Secretary of Labor.

Joseph H. Kendall is another. He was guilty of perjury and forgery. He has a United States wife whose "whereabouts are unknown." This list is accompanied by a true copy of a letter from the Department of State to Senator Reynolds, and has at the end my "comments," which I would like to submit for the record, if I may. I have the original Department of State letter, as well as other letters referred to in the "comment."

Mr. HOBBS. I do not know whether it is pertinent to the matter here.

Mr. PATTEN. It seems to me very pertinent with reference to the provisions of this bill excluding aliens illegally in the United States, such as subsection 8 of section 14 and all of section 22. These aliens are illegally here. They are said to be not deportable. This bill would make them deportable. The Secretary of Labor seems to feel that these poor alien lawbreakers, illegally here, cannot be deported,

and that therefore is nothing else to be done, but to try to legalize their illegal presence here.

Mr. HOBBS. What provision of this bill would correct that situation?

Mr. PATTEN. Section 22 of title III, making aliens illegally here more than 5 years deportable, and the very splendid section 14 of the same title making deportable certain moral-turpitude criminals, gun toters, dope peddlers, State narcotic-law convicts, alien smugglers, alien spies, and alien radicals seeking to change our form of government, none of whom are deportable under existing law, "believe it or not."

Mr. HOBBS. Very well; it may go in. (The paper referred to follows:)

DEPARTMENT OF STATE,
Washington, March 3, 1988.

MY DEAR SENATOR REYNOLDS: I have received your letter of February 28, 1938, and in accordance with the request contained therein I am enclosing a list of the names of the 34 aliens mentioned by my predecessor, Mr. John Farr Simmons, in his testimony before the subcommittee of the Committee on Appropriations of the House of Representatives on December 9, 1937.

The Secretary of Labor has notified the Department in each case that the alien concerned may be readmitted into the United States under the discretionary authority conferred upon her by the seventh proviso in section 3, of the Immigration Act of 1917, notwithstanding the criminal records of the aliens, and the American consular officers in Canada to whom the aliens were applying, or to whom they expected to apply, for immigration visas were notified of the action taken by the Department of Labor in each case.

However,

The crimes committed by the aliens are listed opposite their names. in connection with some of the crimes listed as perjury it may be pointed out that such offenses, involving willful false swearing, occurred in connection with violations of the immigration, naturalization, or passport laws of the United States. In an opinion dated October 13, 1933, the Attorney General confirmed the views of this Department that such perjury must be considered to be a crime involving moral turpitude, which would have precluded the issuance of immigration visas by the consular officers to the aliens concerned, in the absence of the action taken by the Secretary of Labor under her discretionary authority.

Sincerely yours,

A. N. WARREN,
Chief, Visa Division.

LIST OF CRIMINAL SEVENTH-PROVISO CASES MENTIONED BY JOHN FARR SIMMONS IN TESTIMONY BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS ON DECEMBER 9, 1937

(Information in parentheses supplied in a letter by the Commissioner of Immigration to Senator Reynolds in response to his request)

Michael Fedorko: Forgery (passport fraud); perjury (not admitted by alien). Pietro Lorusso: Forgery (passport fraud).

Oscar S. Johnson (or Johansson): Conspiracy and extortion.

Archibald Edward McClarty: Theft.

Lawrence Arthur McClelland: Statutory rape.

James Theodore Johnson: Aiding and abetting shoplifting.

Fernando Pini: Perjury (naturalization fraud).

Thomas Edward Coogan: Perjury (visa fraud).

John L. Anthony: Theft.

Francesco Collo: Manslaughter.

George Arthur Ingoldby: Perjury (passport fraud).

Daniel Harry Berliner (United States wife): Perjury (passport fraud).

Carmelo Roman (no near relative in United States): Perjury (naturalization fraud).

Karl Eder (alien wife in United States): Perjury (naturalization fraud). Friedrich Schlirf (no near relative in United States): Perjury (naturalization fraud).

Giovanni Caruso (sister in United States): Perjury (naturalization fraud). Lipman Kufheiser (sister in United States at Charleston, S. C.): Perjury (naturalization fraud).

Lillian Flake (United States husband): Theft (two convictions).

Joseph Ichtertz (United States wife): Theft.

Szozepan Adamczyk: Bigamy.

Shepsel Kushelewich (uncle and two cousins in United States): Forgery (uttering counterfeit visas).

Joseph Michaud (Raoul Seraphin Michaud) (alien wife in United States): Perjury and forgery (visa fraud).

Samuel Engler: Perjury and forgery (visa fraud).

Russel H. Martin: Theft.

Frederich L. H. Amberger (United States wife): Embezzlement; manslaughter. Anton Glavicich: Perjury (naturalization fraud).

Salvatore Mandale: Forgery and perjury (uttering counterfeit visa and naturalization fraud).

Camile Neuenschwander (United States wife): Perjury (naturalization fraud). Peter Gluech: Perjury (visa and naturalization fraud).

Sergio Di Terlizzi: Perjury (visa fraud).

Leonard J. Martel (alien wife in United States): Perjury (immigration fraud). Herman Salinger: Forgery and perjury (uttering counterfeit visa and naturalization fraud).

Joseph H. Kendall (United States wife, whereabouts unknown): Perjury and forgery (visa fraud).

John Kulla: Theft (a kleptomaniac and known to be such by Department of Labor officials).

*

Comment: In a letter (December 22, 1937) to Senator Reynolds, Commissioner Houghteling wrote: "We do not record statistics concerning aliens who have been accorded the privilege of preexamination on the basis of visa petitions and whose records disclose perjury, forgery, or embezzlement" * * but "I had a check made * * *and it was found that 12,835 were approved and forwarded to the Department of State * * * between February 1, 1937, and December 1, 1937.”

Assistant Commissioner Shaughnessy told the House Subcommittee on Appropriations on January 27, 1938, that of 502 of the 3,982 stayed deportations 257 were granted preexamination to go to Canada (hearings, p. 255) and that aliens illegally or unlawfully in the United States were sent to Canada daily, and also that "hundred " were (p. 254) allowed to go and given letters assuring their readmission to the United States, even though they were unable to get from consuls of the Department of State stationed in Canada the immigration visa required for their admission to the United States by section 13 (a) of the Immigration Act of 1924.

Every one of the above 34 alien criminals were readmitted to the United States by the Secretary of Labor, who ordered their readmission under the so-called seventh proviso discretion (sec. 3 of the Immigration Act of 1917) "to an unrelinquished 7 consecutive years' United States domicile."

Commissioner Houghteling, in a letter dated March 25, addressed to Senator Reynolds, of North Carolina, admits this list of 34 "furnishes numerous typical cases of preexamination and seventh-proviso classes," and that "it would be impracticable, because we do not have the clerical force," and that it would take an act of Congress, to prepare "a similar list of all such aliens guilty of moralturpitude crimes where inadmissibility has been waived by the Secretary of Labor."

Mr. PATTEN. This sort of thing is still being done every day by the Department of Labor, and the enactment of H. R. 5138 would relieve the Department of Labor of the necessity or opportunity of doing anything of the kind. There are thousands of cases of alien lawbreakers who are not deportable, because the statute of limitation has run or whom the Secretary feels it would be a hardship to deport, and whose deportations this bill would certainly make mandatory "forthwith." A great many facts have been published with regard to some of the "stayed" so-called hardship cases. Senator Reynolds for 2 days discussed them on the floor of the Senate, on April 3 and 4, 1936, as did Congressman Starnes in the House on April 9, 1936.

There is one of those cases that I would like to call your attention to, because it is typical of the kind of case this bill's enactment would take care of. It shows the need of just such legislation as this bill contains, such as section 29. It is the case of George Gaston Greiner. Senator Reynolds, in March 1936, visited the Department of Labor and had Department officials, select at randum some 40 or 50 deportation-case files. Greiner is one of them. The Senator's remarks on those cases are to be found in the Congressional Record of April 3 and 4, 1936, as I said. I mention this case because the alien is still here and at large. He succeeded, I understand, under a habeas corpus proceeding, in getting his freedom. This bill would deport him. He is the father of an illegimate child, yet had a United States wife and child. That makes it a hardship case. He entered the country illegally in 1926. He deserted from the Frency Army. He not only was a deserter from the French Army, but he stole a French airplane in deserting. He committed perjury in filing for citizenship and did a long list of acts of that sort that seem alone in order to deport him almost to justify the passage of this bill and to reach an alien who can break all those laws and then get his freedom here under a habeas corpus proceeding when any citizen committing any such crimes would be in our penitentiaries, separated from his wife and children.

The need of legislation along the lines of H. R. 5138 has been presented to another committee of this House year after year without success. I have here, for instance, a memorandum of the late Commissioner of Immigration and Naturalization, Colonel MacCormack, to the Committee on Immigration of the House and of the Senate, bearing imprimatur of the Department of Labor and dated April 24, 1934, from which I want to quote merely what the Department of Labor officially reports on the subject of nondeportable habitual criminal aliens:

The laws, however, are far from effective in ridding the country of some of the worst types of alien habitual criminals, racketeers, and gangsters.

Those are cases that this bill would deport, if enacted-every one of them. There has been no legislation since this memorandum was transmitted to the Senate and House Committees on Immigration, because the Department insists on "window dressing" such needed legislation with full autocratic discretionary, autocratic authority, not to deport most alien lawbreakers unless the Secretary "finds" deportation "in the public interest." The enactment of H. R. 5138 would deport every one of these habitual criminals, racketeers, and gangsters referred to and even enumerated at length in this memorandum of the Department of Labor.

Under the heading "Gangsters and Racketeers," the Department's memorandum states that

Although deportation laws might be forged into a powerful weapon to curb the activities of gangsters, racketeers, and other criminals, they are at present inadequate in this respect. Failure to make greater headway in ridding the country of alien criminals has given rise, at times, to serious criticism on the part of those unfamiliar with the technicalities and loopholes of existing laws which permit undesirable aliens to avoid deportation.

This bill would plug up those holes and would not poke two discretionary ones for every such plugged hole that the Department's bill, H. R 9725, defeated in the House June 15, 1934, by 186 to 92, would have made.

The Commissioner goes on to say:

Under present law the alien may have as many as 25 convictions, yet not be subject to deportation. In some cases aliens with long police records, including offenses of the most serious character, homicide, grand larceny, counterfeiting, forgery, debauching morals of minors, are able to escape deportation, due to inadequacy of existing law.

That is still the "existing law" today. It has not been changed since 1934, when this communication was sent to the House Committee on Immigration and Naturalization. There is urgent need of legislation along the lines of Judge Smith's bill, H. R. 5138.

The memorandum speaks of a survey made of alien criminals in the big city centers. The Commissioner tells of an alien that lived here 27 years, spent 10 years and 3 months in penal institutions, served six sentences for grand larceny, attempted robbery, attempted burglary, grand larceny, unlawfully procuring a marriage license. Deportation cannot be effected under existing law, which is still the law, because he has not, since 1907, been convicted of two crimes involving moral turpitude for which he has received a sentence of more than 1 year. This bill would get him.

Another alien between 1917 and 1933 was convicted 23 times of offenses of vagrancy, disorderly conduct, intoxication, negligence, but received sentences of less than 1 year, and therefore is not deportable. There are 67 similar sample cases selected from hundreds of known nondeportable, habitual, criminal aliens detailed in this official memorandum, but I will not take up more of your time reading them. Now with reference to alien smuggling and illegal entries the memorandum says:

The present law is not sufficiently explicit with reference to punishment of persons harboring aliens who entered illegally. In reference to those engaged in violation of immigration laws an anomalous situation exists, whereby the Government can deport an alien who has been smuggled into this country but cannot deport the alien who smuggled him in.

Of course, the antirestrictionists all say, "Don't deport this fellow who smuggled a relative in, and don't deport him if he only smuggled one in for $50. Wait until he has smuggled the second one in for $100." Induce him to break the law "for gain" a second time before you even deport him. They speak of deportation as if it were a punishment. Deportation is not a punishment, but is merely returning the alien to his homeland, where he ought to have his best refuge, or possibly get what is coming to him.

But even in doing that we get into difficulties. This bill ought to be changed with reference to penalizing countries for refusing in section 25 to accept their deportees.

For instance, if a Rumanian comes to the United States and stays here more than 6 months without registering at the consulate of his country he is no longer a citizen of Rumania. He would not be deportable under this proposed law because it says "citizens of that country." He is no longer a citizen. It is also true of Germans, if they do not register with their consul within 6 months after entering a foreign country they are no longer German citizens. Consequently under this bill, if it is enacted, you could not penalize Germany or even send a deportable German back to Germany if he had not registered at his consulate, because the express wording of the section. applies to "citizens" of that country at the time of deportation. It