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TO AMEND THE IMMIGRATION AND NATIONALITY ACT

WEDNESDAY, MARCH 1, 1967

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 1 OF THE
COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The subcommittee met, pursuant to notice, at 10:30 a.m., in room 2237, the Rayburn Building, the Honorable Michael A. Feighan, presiding.

Present: Representatives Feighan, Rodino, and Dowdy.

Staff members present: Garner J. Cline, counsel, and Donald Benn, associate counsel.

Mr. FEIGHAN. The committee will come to order.

The committee is meeting today to receive testimony on pending legislation to amend the Immigration and Nationality Act by making a new category of persons eligible for expeditious naturalization privileges under existing law.

Similar provisions were made available to aliens who served honorably in the U.S. Armed Forces during World War I, World War II, and the Korean hostilities.

The seven bills pending before the committee are not identical. The bill H.R. 3914, by Mr. Donohue, of Massachusetts, provides expeditious naturalization privileges for aliens who have served after January 1, 1964, in an active duty status in the U.S. Armed Forces in the Vietnam combat area.

H.R. 1, by Mr. Rooney of New York; H.R. 40, by Mr. Ryan, of New York; H.R. 763, by Mrs. Kelly, of New York; and H.R. 2560, by Mr. Matsunaga, of Hawaii, are identical and provide the same expeditious naturalization benefits for aliens who have served honorably in the U.S. Armed Forces after January 1, 1963.

H.R. 565, by Mr. Feighan, and H.R. 2903, by Mr. Rodino, are similar to the preceding four bills; however, both bills provide that the naturalization benefits be available to those aliens who have served after February 28, 1961, the date recommended by the Department of Defense.

We must, therefore, analyze the testimony with these issues in mind: On what date should the naturalization benefits start to accrue? Should the naturalization benefits be limited to those aliens who Lave served in the combat zone of Vietnam?

Should the benefits be available to all aliens who are now serving in the U.S. Military Forces?

Should there be a period of military service before the benefits begin to accrue?

What position should the committee adopt relative to the appro mate 14,000 Filipinos presently serving in the U.S. Navy and Co Guard, pursuant to the military bases agreement?

Should there be a termination date?

There is every indication that legislation of this nature has wid spread support in addition to the strong recommendation from t executive branch of the Government.

(The bills referred to are as follows:)

[Identical bills: H.R. 1, Mr. Rooney of New York; H.R. 40, by Mr. Ryan, New York; H.R. 763, by Mrs. Kelly, of New York; H.R. 2560, by Mr. Matsuna of Hawaii]

A BILL To amend the Immigration and Nationality Act and for other purposes Be it enacted by the Senate and House of Representatives of the United Sta of America in Congress assembled, That (a) section 101(d)(1) of the Im gration and Nationality Act, as amended (8 U.S.C. 1101), is hereby amend by inserting immediately after “July 1, 1955," the following: “or after Janua 1, 1963,".

(b) Section 101(d) (2) of the Immigration and Nationality Act, as amend (8 U.S.C. 1101), is hereby amended (1) by striking out “and (D)" and inserti in lieu thereof "(D)", and (2) by inserting immediately after "July 1, 195 the following: "; and (E) the Vietnam hostilities relates to the period sub quent to January 1, 1963".

(c) Section 329(a) of the Immigration and Nationality Act (8 U.S.C. 144 is amended by inserting after "July 1, 1955," the following: "or during a peri beginning January 1, 1963,".

(d) Section 329(b)(4) of the Immigration and Nationality Act (8 U.S. 1440) is hereby amended by inserting after "July 1, 1955," the following: " during a period beginning January 1, 1963,".

[Identical bills: H.R. 565, by Mr. Feighan, of Ohio; H.R. 2903, by Mr. Rodin of New Jersey]

A BILL To amend the Immigration and Nationality Act, and for other purposes Be it enacted by the Senate and House of Representatives of the United Stat of America in Congress assembled, That (a) section 101 (d) (1) of the Immigr tion and Nationality Act, as amended (8 U.S.C. 1101), is hereby amended inserting immediately after "July 1, 1955," the following: "or after Februa 28, 1961,".

(b) Section 101 (d) (2) of the Immigration and Nationality Act, as amend (8 U.S.C. 1101), is hereby amended (1) by striking out “and (D)" and inserti in lieu thereof "(D)", and (2) by inserting immediately after "July 1, 195. the following: "; and (E) the Vietnam hostilities relates to the period subs quent to February 28, 1961".

(c) Section 329 (a) of the Immigration and Nationality Act (8 U.S.C. 1440 is amended by inserting after "July 1, 1955," the following: "or during a peri beginning February 28, 1961,".

(d) Section 329 (b) (4) of the Immigration and Nationality Act (8 U.S.C. 1440 is hereby amended by inserting after "July 1, 1955," the following: "or durin a period beginning February 28, 1961,".

H.R. 3914, by Mr. Donohue, of Massachusetts

A BILL To amend section 329 of the Immigration and Nationality Act to provide for t naturalization of persons through active-duty service in the Armed Forces of the Unit States in Vietnam during combatant activities in Vietnam

Be it enacted by the Senate and House of Representatives of the United Stat of America in Congress assembled, That (a) the first sentence of subsection (a) section 329 of the Immigration and Nationality Act (8. U.S.C. 1440) is amende to read as follows: "Any person who, while an alien or a noncitizen national of th United States

"(1) has served honorably in an active-duty status in the Armed Forces of the United States during World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955; or

"(2) has served honorably in an active-duty status in the Armed Forces of the United States in the combat zone of Vietnam and waters adjacent thereto (as so designated by Executive Order Numbered 11216, dated April 24, 1965) during the period beginning January 1, 1964, and ending not later than the date designated by the President by Executive order as of the date of the termination of combatant activities in such combat zone; and who, if separated from such service, was separated under honorable conditions, may be naturalized as provided in this section if (A) at the time of enlistment or induction such person shall have been in the United States, the Canal Zone, America Samoa, or Swains Island, whether or not he has been lawfully admitted to the United States for permanent residence, or (B) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence."

(b) Paragraph (4) of subsection (b) of section 329 of such Act is amended to read as follows:

"(4) service in the Armed Forces of the United States shall be proved by a duly authenticated certification from the executive department under which the petitioner served or is serving, which shall state whether the petitioner served honorably in an active-duty status during any period referred to in paragraphs (1) and (2) of subsection (a) of this section, whether (in the case of paragraph (2)) the petitioner served in the combat zone of Vietnam, and, if separated from such service, was separated under honorable conditions; and".

(e) The section heading of section 329 of such Act is amended to read as follows:

“NATURALIZATION THROUGH ACTIVE-DUTY SERVICE IN THE ARMED FORCES DURING WORLD WAR I, WORLD WAR II, THE KOREAN HOSTILITIES, OR IN VIETNAM".

(d) That portion of the table of contents contained in the first section of the Immigration and Nationality Act which appears under the heading "TITLE III-NATIONALITY AND NATURALIZATION" is amended by changing the designation of section 329 to read as follows:

"Sec. 329. Naturalization through active-duty service in the Armed Forces during World War I, World War II, the Korean hostilities, or in Vietnam.".

Mr. FEIGHAN. I trust that the members of the committee will agree with me that the legislation before us is meritorious and deserving of prompt action.

We will first hear from Members of Congress who have introduced this legislation and then we will hear from representatives of the executive branch of the Government. For our first witness, we are pleased to have our very able and distinguished colleague from New York, Mr. Rooney, who was the first to introduce this type of legislation during the last Congress and who introduced H.R. 1, the first bill introduced in the 90th Congress.

We are very happy to have you with us, Mr. Rooney. You may proceed.

STATEMENT OF HON. JOHN J. ROONEY, REPRESENTATIVE TO CONGRESS FROM THE STATE OF NEW YORK

Mr. ROONEY. Thank you very much Mr. Chairman, and distinguished members of the committee.

Mr. Chairman, on March 9, 1966, I introduced a bill known then as H.R. 13436 which is exactly the same as H.R. 1 now before this subcommittee, favorable consideration of which I now urge.

My original bill H.R. 13436 was introduced in the 89th Congress scarcely a week following the approval by President Johnson of the cold war GI bill granting benefits to veterans who served after 1955 similar to those benefits which were earlier granted to World War II and Korean veterans. My present bill H.R. 1 is precisely in accord with the spirit of that legislation.

This bill of mine, as the distinguished chairman, Mr. Feighan, said. the first introduced on this subject, would grant to aliens serving in the U.S. Armed Forces during the period of the Vietnam hostilities special exemptions from the normal naturalization requirements and process.

It does not waive any of the basic requirements of the Immigration and Nationality Act pertaining to character, loyalty, or understanding of the English language.

It confers no benefit upon aliens who are separated from service in the Armed Forces on account of alienage, or who are conscientious objectors and did not perform any duty or refused to wear the uniform.

Under H.R. 1, the special naturalization exemptions are authorized for an alien who, at the time of enlistment or induction, was in the United States, the Canal Zone, American Samoa, or Swains Island whether or not he was lawfully admitted to the United States for permanent residence.

The benefits are also made available to any person who subsequent to enlistment or induction shall have been lawfully admitted to the United States for permanent residence.

An eligible alien could be naturalized under this bill regardless of age; no specific period of residence within the United States or any particular State will be required; the petition may be filed in any naturalization court regardless of the residence of the petitioner, and he may be naturalized immediately under certain circumstances relating to his appearance with his witnesses before a representative of the Immigration and Naturalization Service.

In short, this bill merely extends to aliens serving during the Vietnam hostilities the same naturalization benefits which are available under existing law to persons who served in the Armed Forces during World War I, World War II, and the Korean hostilities.

Historically, the United States has been known for its generosity, and even more so, its recognition of its obligations, in granting special naturalization benefits to aliens serving in the Armed Forces during the periods of war or open hostilities.

For example, such a law was enacted July 19, 1919, (41 Stat. 222). Special naturalization provisions were also included in the Nationality Act of 1940 (54 Stat. 1137), for persons who served during World War I and certain previous hostilities.

During World War II the basic Nationality Act was amended by the Act of March 27, 1942 (56 Stat. 182), and was subsequently amended on various occasions. That amendment added significant provisions formerly known as sections 701 and 702 of the Nationality Act of 1940, providing for special naturalization benefits in behalf of persons serving in the Armed Forces during the time of war.

By the act of June 30, 1953, there was enacted special exemptions from the ordinary naturalization requirements on behalf of persons

who served honorably in the Armed Forces of the United States for at least 90 days during the Korean hostilities, (67 Stat. 108).

The Immigration and Nationality Act, enacted in 1952, gave special naturalization benefits for persons who served during World War I and II and, during peacetime.

By the Act of September 26, 1961, (75 Stat. 654) the basic law was amended to incorporate the provisions of the Act of June 30, 1953, thus making permanent the special naturalization benefits for persons who had served during the Korean hostilities.

Mr. Chairman, it is my view, and I am sure that it is the view of every member of this subcommittee, that the special naturalization benefits which would be authorized by my bill H.R. 1 are little enough in the form of a reward for those valorous aliens who are serving during this terrible strife.

They are prepared to make the greatest sacrifice, and many have already done so. Those who are serving during the Vietnam hostilities are indeed the front line in the defense of the United States. Let us show our gratitude, in this small measure, by promptly enacting my bill, the first introduced. I urge its speedy approval.

Mr. Chairman, I should here like to state that the date which is in my bill H.R. 1, January 1, 1963, is purely an arbitrary date. If this committee should see fit to change that date to a 1962 date or whatever date they should please to change it to, is is perfectly agreeable, because we picked that date out of the air you might say.

It may be that the Armed Forces, who have witnesses present here, may express some opinion with regard to what they think might be a better date than the one set forth in H.R. 1.

Finally, Mr. Chairman, and members of the committee, I should say that this legislation has been endorsed by the American Legion, the Veterans of Foreign Wars, the Jewish War Veterans and the Catholic War Veterans, among others.

I respectfully request the approval of the bill by this distinguished committee.

Thank you, Mr. Chairman.

Mr. FEIGHAN. Thank you, Mr. Rooney.

Mr. Rodino of our subcommittee has also introduced H.R. 2903. Do you care to make some brief statement?

Mr. RODINO. Mr. Chairman, I merely would like to state that the proposed legislation designed to offer expeditious naturalization to aliens serving in the Armed Forces is certainly timely and appropriate, and its objectives are in keeping with our country's time-honored history and tradition of giving due recognition to those who have served honorably in our country's Armed Forces.

I would like to have your consent, Mr. Chairman, to introduce the rest of my statement into the record, so that I don't take up the committee's time.

I would like to add this comment about our distinguished colleague, Mr. Rooney, who has appeared here this morning.

I know how he has labored over the years to champion the causes of his constituents. He has discussed this legislation with me on a number of occasions. He has a very deep interest in it, and I commend him for his timeliness in thinking of a matter as important as this.

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