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STATEMENTS

STATEMENT OF HONORABLE ELIGIO DE La Garza, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS

Your Subcommittee has under consideration several proposals to extend to our fighting men engaged in serving this country during our involvement in Vietnam the same naturalization benefits available to veterans of World War I, World War II, and the Korean hostilities.

I am aware that the basic differences between the various bills that have been introduced on the subject during the present Congress center around the selection of a date from which the Vietnam conflict should be regarded as having commenced.

Our naturalization laws today, and during the many years since World War II, pay special honor to those of our alien residents who have served their adopted land in the Armed Forces of the United States. Those who were engaged in the earlier conflicts of this country have been rewarded by the grant of relief from many of the ordinary requirements for naturalization which they might otherwise find difficult to meet. This relief includes exemption from the requirement of entry into the United States as an immigrant, when induction or enlistment takes place in the United States. It also relieves servicemen from the residence and physical presence requirements of the naturalization laws.

The only real question before this Subcommittee in its consideration of the several proposals now pending before you is whether we are prepared to extend to the brave and loyal aliens who have not shirked their responsibilities and have joined with United States citizens in the defense of our country the same benefits as are now available to other servicemen and veterans. Certainly, we sacrifice little when we do no more than grant the serviceman the opportunity of joining the citizenry of the United States, unencumbered by conditions applicable to aliens in civilian life. I do not believe that anyone could seriously question the fact that the alien servicemen engaged in the Vietnam conflict are deserving of the gratitude of this country, and that our appreciation through removal of some of the obstacles to their naturalization is now in order.

In fixing a date from which service in our Armed Forces would qualify the serviceman for the special benefits of section 329 of the Immigration and Nationality Act, I am mindful of the various dates that have been suggested as suitable and which have been found acceptable in other connections. They vary from as early as December 12, 1955, when the first military advisory assistance group was sent to Vietnam, to as recently as July 3, 1965, which fixed eligibility for awarding the Vietnam Service Medal. I have pondered this aspect of the matter long and carefully and am of the opinion that the date selected should have some relationship to a period when our forces began to participate in actual fighting in Vietnam. I believe that the date February 28, 1961, meets that test. That date is established in Public Law 89-257, because it was the approximate date on which American military advisers began to accompany their Vietnamese counterparts in military operations.

I, therefore, urge your Subcommittee to give favorable consideration to the pending proposal in H.R. 1, introduced by the distinguished gentleman from New York, the Honorable John J. Rooney, who, in his testimony before your Subcommittee on March 1, 1967, expressed agreement to any date earlier than January 1, 1963, which your Subcommittee may select.

This legislation is of special significance to the loyal Spanish-speaking people in the Southwest whose contributions to this country have been the subject of my remarks on numerous occasions. Their sons and daughters have, throughout our history, made the supreme sacrifice to protect and defend our freedoms and security. They have been the recipients of the highest awards that our country can offer for military service and their sacrifices have been reflected in the Purple Hearts that have adorned their chests. They continue to fulfill their obligations to our country, and to serve with honor and distinction in the various branches of our Armed Forces. Included among these are many aliens who, for varying

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reasons, have not attained the status of United States citizens. It is for men such as these that this legislation will offer renewed hope and opportunity to speedily acquire the United States citizenship which they so earnestly cherish. I urge speedy enactment of this legislation.

STATEMENT OF SPARK M. MATSUNAGA, MEMBER OF CONGRESS FROM HAWAII, IN SUPPORT OF H.R. 1 AND H.R. 2560, BEFORE SUBCOMMITTEE No. 1, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES

Mr. Chairman, I speak in support of H.R. 1, introduced by the gentleman from New York, Mr. Rooney, and H.R. 2560, an identical bill introduced by me on January 17, 1967. The bill would provide that aliens who fight in the United States Armed Forces during the Vietnam conflict and who apply for citizenship by naturalization will be entitled to the benefit of specific exceptions regarding their petition. These exceptions are: (1) they may be naturalized regardless of age; (2) no period of residence or specified period of residence in the United States will be required; (3) the petition may be filed in any court having naturalization jurisdiction regardless of the petitioner's domicile; and (4) finally, the petitioner may be naturalized immediately after his examination by a representative of the Immigration and Naturalization Service. If the alien fighting man has been in the United States at the time of enlistment he may avail himself of the exceptions even if he had not entered the United States for permanent residence.

The bills further provide that conscientious objectors performing no military, air or naval duty, or who refuse to wear the military uniform would not be regarded as having served honorably. The alien's petition must state that he served honorably, and such fact must be proved by certification from the executive department under which the petitioner served. He may petition while he is still in the military service. If citizenship is granted pursuant to these exceptions and if subsequent to naturalization he is separated from the armed forces under other than honorable conditions, citizenship may be revoked. The alien service man would have to meet all standards concerning moral character, loyalty and understanding of the English language which are required of all others who petition for citizenship.

The benefit of these very same exceptions just specified has been available to all aliens fighting under the United States flag since the First World War. H.R. 1 and H.R. 2560 do not change or add to them. They simply make existing legislation applicable to Vietnam veterans. As it was done for Korean veterans, this is accomplished by the addition of the appropriate date. The date which I ask to be inserted is July 1, 1963.

Surely, no one can deny that the valor displayed by the volunteers who fight alongside United States servicemen today is just as great as that displayed by volunteer fighting men of the previous wars of this century. The same magnanimity and gratitude which compelled our nation to extend these exceptions in 1942 and 1953 compel us now. In formulating my affirmative argument, I have been unable to think of any legitimate argument against passage of the bill. Any argument against passage would have to be founded on the supposition that today America is less grateful to those who are giving their blood and lives for freedom's cause.

Mr. Chairman, I urge a favorable report on H.R. 1 and H.R. 2560.

Hon. MICHAEL A. FEIGHAN,
Chairman, Subcommittee No. 1
Committee on the Judiciary,
House of Representatives,
Washington, D.C.

VETERANS OF FOREIGN WARS, Washington, D.C., February 21, 1967.

DEAR MR. FEIGHAN: This is in response to your invitation of February 10 to present the position of the Veterans of Foreign Wars of the United States with respect to bills which provide for the expeditious naturalization of aliens serving in the United States Armed Forces.

The legislative position of the Veterans of Foreign Wars is determined by the mandates approved by the delegates to our annual National Conventions.

At our most recent National Convention, which was held in New York City last August, the delegates, representing 1,350,000 members, approved, among others, a resolution identified as No. 218 entitled "Naturalization Privileges Alien Veterans," which reads as follows:

"Whereas, the Congress of the United States in its wisdom recognized aliens serving in the United States Armed Forces during World War I, World War II, and the Korean Conflict; and

"Whereas, honorable service of such alien soldiers, sailors, marines and air force personnel were granted naturalization rights by public law; and

"Whereas, such alien serving in the Armed Forces during any other period are required to serve three (3) years of honorable active duty and file for citizenship papers while in the service or within six (6) months thereafter; and "Whereas, the alien serving in the so-called peacetime service should receive the same naturalization privileges without the stigma of awaiting three years as noted above inasmuch as the subject aliens are exposed to hazardous duty all over the world, especially in Viet Nam: Now, therefore, be it

Resolved by the 67th National Convention of the Veterans of Foreign Wars of the United States, That the National Organization sponsor a concurrent bill of emergency for introduction in the U.S. Senate and the U.S. House of Representatives granting the same naturalization privileges to alien veterans seeking citizenship papers for service subsequent to January 31, 1955 as those who had served in World War I, World War II and the Korean Conflict."

Please note that Resolution No. 218 calls for the granting of the same naturalization privileges to alien veterans who have served since the official ending of the Korean Conflict, which was January 31, 1955, as was previously provided to alien servicemen seeking citizenship who served during the official dates of the Korean Conflict, World War II, and World War I.

Consequently, it is the strong recommendation of the Veterans of Foreign Wars that the bills now pending before your Subcommittee be broadened to include all alien veterans who have served honorably in the Armed Forces since January 31, 1955 and to continue until the official ending of the Vietnamese Conflict and also to continue so long as we have compulsory military training. This would make the immigration law the same as the Veterans Readjustment Assistance Act of 1966 or as it is popularly called the Cold War GI Bill. This Act has swept into the definition of a veteran for entitlement to the benefits provided in this law-all those who have served since the end of the Korean Conflict or January 31, 1955.

To present this argument in another way-the failure to include all alien veterans since the end of the Korean Conflict may create more problems than it will resolve. If the date is other than January 31, 1955, it will have the tendency of making fish of some veterans and fowl of others. The basic criterion so far as the Veterans of Foreign Wars is concerned is that the veteran did serve honorably and by so doing has demonstrated his right to be a citizen of this Nation and that such honorable military service satisfactorily meets the waiting periods which would otherwise be applicable before he could apply for citizenship.

While there are no reliable figures or estimates available, there is probably only a small percentage of veterans who would benefit by the provisions of the legislation under consideration by your Subcommittee.

The Veterans of Foreign Wars of the United States, therefore, recommends approval of legislation making veterans of the Vietnamese Conflict eligible for naturalization in the same manner as is presently applicable to veterans of previous conflicts and wars. Our recommendation is that the date for the start of the Vietnamese Conflict should be January 31, 1955, which will make this provision uniform with the recently approved Cold War GI Bill of last year (Public Law 89-358).

It will be deeply appreciated if you will make this letter a part of the hearing record.

Hoping that your Subcommittee and the full Committee will favorably consider the resolution and recommendations of the Veterans of Foreign Wars, I am

Sincerely,

FRANCIS W. STOVER, Director, National Legislative Service.

STATEMENT OF MAURICE T. WEBB, DIRECTOR, NATIONAL AMERICANISM COMMISSION, THE AMERICAN LEGION, BEFORE SUBCOMMITTEE NO. 1, HOUSE COMMITTEE ON THE JUDICIARY, ON H.R. 565 AND RELATED BILLS

Mr. Chairman and members of the subcommittee, the American Legion appreciates the opportunity to present to this Subcommittee our position for the expeditious naturalization of aliens serving in the U.S. Armed Forces. Historically, The American Legion has supported this type of legislation-the most recent during the Korean War. At the Forty-Eighth National Convention of The American Legion, Resolution No. 553 was adopted again placing the organization on record supporting such legislation. Attached to this statement is a copy of Resolution No. 553.

The members of this distinguished Committee are well aware of the fact that we have numerous aliens who have volunteered for service in the United States Armed Forces. Legislation was introduced and adopted on three previous occasions to provide for the expeditious naturalization of aliens serving in World War I, World War II, and the Korean War. We have examined the bills now pending on this particular subject and have concluded that H.R. 565, introduced by the distinguished Chairman of this Subcommittee, complies with The American Legion Resolution No. 553. H.R. 565 provides that aliens serving in the U.S. Armed Forces since January 1, 1963 shall be permitted expeditious naturalization as heretofore provided to individuals who served in the Armed Forces of the United States during World War I, World War II and the Korean War.

These aliens are serving the United States and many of them are seeing action today in Vietnam. The American Legion strongly urges this Subcommittee to report favorably on H.R. 565.

FORTY-EIGHTH ANNUAL NATIONAL CONVENTION OF THE AMERICAN LEGION, WASHINGTON, D.C., AUGUST 30, 31-SEPTEMBER 1, 1966

Resolution No. 553 (Illinois).

Committee: Americanism.

Subject: Enact legislation providing to aliens serving in the U.S. Armed Forces the same exemptions from normal naturalization process as heretofore extended to veterans of prior wars.

Whereas, The cold war G.I. Bill extends benefits similar to those granted to World War II and Korean veterans, to veterans who have served after 1955; in keeping with this spirit, legislation should be enacted which would grant to aliens serving in the U.S. Armed Forces exemptions from the normal naturalization process; Now, therefore, be it

Resolved by the American Legion in National Convention assembled in Washington, D.C., August 30, 31-September 1, 1966, That the American Legion support, sponsor and endorse legislation in the Congress of the United States providing to aliens serving in the U.S. Armed Forces the same exemptions from the normal naturalization process as heretofore extended to veterans of World War I, World War II, and the Korean War.

STATEMENT OF JEWISH WAR VETERANS OF THE UNITED STATES OF AMERICA ON THE EXPEDITIOUS NATURALIZATION FOR ALIENS SERVING IN THE ARMED FORCES OF THE UNITED STATES, SUBMITTED BY FELIX M. PUTTERMAN, NATIONAL LEGISLATIVE DIRECTOR

Consistent with the long standing tradition of over a century, the Jewish War Veterans of the United States of America, the country's oldest active war veterans organization, supports the affirmative and favorable consideration of proposed legislation for the expeditious naturalization of aliens serving in the Armed Forces of the United States during the Vietnam conflict.

Not only would the proposed legislation continue a long standing tradition, but it would as well provide for the more liberal exemptions and waivers from the general requirements for naturalization applicable to civilians that have characterized legislation enacted specifically for wartime servicemen and veterans. In our view, those serving during the Vietnam conflict are as deserving of this consideration as their predecessors who benefitted from the special legis

lation enacted to cover the periods of World War I, World War II and the Korean hostilities.

With regard to questions raised concerning the effective tenure of the proposed benefits and the nature of service to be benefitted, the Jewish War Veterans has a long standing policy with regard to the latter. Since any member of the Armed Forces, under orders, is subject to duty anywhere in the world where the demands of the national security of the United States commit him and since the complex nature of military support operations may require performance of necessary functions outside the clearly defined limits of an area of conflict, it is our strong belief that no differentiation be made between the area or quality of service rendered in order to establish eligibility for benefits under the proposed legislation.

The date for benefits to accrue, in our judgment, should be established by the Congress to conform with those established by the Department of Defense as authorized for the assignment of United States personnel to participate in Vietnam combat operations.

Insofar as the date of termination is concerned, we feel that it be left openended so that the Congress can at a given time use the effective termination date of hostilities as established by the President.

On August 26, 1966, the following resolution was adopted at the 71st National Convention of the Jewish War Veterans of the United States of America:

UNITED STATES CITIZENSHIP FOR ALIEN MILITARY PERSONNEL

In the defense of the United States and the Free World, the highest sacrifices are required from the men and women of our Armed Forces. Each of these individuals, who wears a United States military uniform, should have the opportunity of becoming an American citizen through as simple a procedure as possible.

Legislation to permit such an action was previously enacted during the World War II in 1942. A similar law was written approximately ten years later to cover those aliens serving in the United States' forces during the Korean Conflict. As an act of mutual benefit to both an appreciative nation and the deserving individual, with established precedent, the Jewish War Veterans of the United States of America considers the United States citizenship an equitable entitlement for risking one's life on behalf of our country.

Accordingly, the Jewish War Veterans recognizes and supports the efforts of the Honorable John J. Rooney and others in the Congress to enact new legislation that would open wider and make more easily available an opportunity for American citizenship to aliens in the Armed Forces of the United States as a generous act wholly consistent with American democratic traditions.

STATEMENT OF NICHOLAS RAIMO, COMMANDER, ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES

Legislation authorizing expeditious naturalization of aliens serving in the Armed Forces of the United States

The Italian American War Veterans of the United States is profoundly proud to present views on pending legislation designed to offer expeditious naturalization opportunities to aliens serving in the United States Armed Forces.

There are several bills pending before the Committee this morning, each with the same objective, but differing minutely in conditions for qualification. The Italian American War Veterans firmly support the purpose of these pending proposals.

Since our organization was incorporated in 1939, we have in our membership many veterans who have benefitted from similar legislation enacted for aliens who served in World War I, World War II, and the Korean conflict. The present hostilities in Vietnam are no less brutal and no less demanding than any previous conflict. Whatever we can do, as a veterans' organization, and whatever this Committee can do as part of the legislature, we must do. Some legislation benefitting members of the Armed Forces who are now serving during this period of hostilities has already been enacted and other measures are under consideration. We support all such legislation. However, we wish to emphasize that the risk a boy takes in Vietnam today his most precious possession-his life, deserves, in turn, the most precious award the United States can give the chance to embrace United States citizenship.

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