committee sets forth the facts fully and, therefore, is made a part of this report, and attached hereto.

The committee, after considering all the facts in the case, favorably reported the bill with the amendment as set forth herein.

[S. Rept. No. 549, 76th Cong., 1st sess.]

The Committee on Immigration, to whom was referred the bill (S. 1911) for the relief of Daumit Tannaus Saleah (Dave Thomas), having considered the same, report it back to the Senate without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

That the Secretary of Labor is directed to cancel forthwith any outstanding warrant of arrest, order of deportation, warrant of deportation, and bond, if any, in the case of alien Daumit Tannaus Saleah, and is directed not to issue any further warrants or orders in the case of such alien, insofar as such future warrants or orders are based on the unlawful entry of such alien into the United States prior to the enactment of this act, or on perjury or false statements in connection with such entry into the United States, or with any application heretofore made for a reentry permit or extension thereof. The said alien in April 1928 secured the admission of his two children, Evelina Saleah, aged 16 years, and Solomon Saleah, aged 13 years, who are now residing with the alien's father at New Kensington, Pa., where they are attending the public schools. Hereafter for the purpose of the immigration and naturalization laws, said alien shall be considered to have been, at New York, N. Y., on November 25, 1933, lawfully admitted to the United States for permanent residence.

The record shows that the alien, a 45-year-old native and citizen of Syria, subject of France, arrived at New York on or about November 25, 1933, on an unknown vessel.

At the time of his hearing Saleah testified that he first came to the United States on November 2, 1910, and that he departed during the month of September 1921. In 1923 he left Europe and proceeded to Cuba, in which country he remained until 1933. During the year of 1927 his wife died in Cuba. Two children were born of this union in Habana, Cuba, and these two children are residents of the United States, having come here during the year of 1928 as nonquota immigrants.

Saleah further testified that while in Cuba he contacted an individual, to whom he paid a sum of money for documents purporting to establish citizenship in the United States. He later appeared before a notary public, who executed a further document, and upon arrival he presented the said document. He entered this country under the name of John Farhatt, representing himself to be that person and further representing himself to be a citizen of the United States.

The evidence of record establishes that at the time of his last entry this man was an immigrant within the meaning of the law and required an unexpired consular immigration visa. There evidence further establishes that he was not in possession of such documents, having entered this country as a citizen of the United States. He is therefore subject to deportation.

However, in considering his case under date of December 15, 1937, the Department of Labor directed that, because of the lawful presence of his children and his father, and the further fact that he was the means of support of these relatives and the attendant family separation involved in the event he were deported, he should be given an opportunity to have his case receive further consideration after pending remedial legislation had been considered by the Congress, the alien to be given an opportunity to leave the United States voluntarily in the interim if he so desired. There are a number of affidavits in the record attesting to the alien's good character and the fact that he is the only means of support of his children and aged father.

When such remedial legislation failed of passage and this case was further considered by the Department on August 19, 1938, it was directed that, although deportable, Saleah be required to depart from the United States without the entry of an order of deportation to any country of his choice, within 90 days after notification to him of the decision. The alien was also granted the privilege of a preexamination. The time within which he might depart later was extended to May 15, 1939. However, when the Department learned that a bill had been

introduced in the Congress for his relief, directed that the matter be held in abeyance pending the outcome of the bill during this session of the Congress.

In addition to being the sole support of his two children, the oldest of whom is but 16 years of age, this man is also the sole support of his aged father who has been a resident of the United States since 1898. Furthermore, the Syrian quota is oversubscribed. The Department of Labor interposes no objections to passage of the bill.

Your committee, after carefully considering the facts and evidence in this case, recommend that the bill be favorably reported to the Senate and that the same do pass.

О

MARIA BARTOLO

JULY 12, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. JOHN L. MCMILLAN, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany S. 139]

The Committee on Immigration and Naturalization, to whom was referred the bill (S. 139) for the relief of Maria Bartolo, having considered the same, report it back to the House with amendment and recommend that the bill as amended do pass.

The committee amendment is in line 9, by adding after the period therein, the following:

This Act shall not be deemed to confer the right upon the alien to apply for naturalization or become a citizen, unless she leaves the United States and returns legally under the permission herein to receive an immigration visa.

PURPOSE OF THE BILL

The purpose of the bill is to cancel the warrant of arrest and order of deportation and to permit the alien to remain in the United States. As amended it would also permit her to leave the United States and return legally. The bill specifically directs that immigration visa will not be denied on account of her fraudulent entry in 1924.

GENERAL INFORMATION

There appeared before the committee on the hearing of this bill the secretary of Congressman Healey, who stated that the Congressman asked him to represent the author of the bill before the committee. He presented the facts with reference thereto, which were the same as the evidence submitted to the Senate committee.

There was also present a representative of the Department of Labor, who presented the files in the case.

The report of the Senate committee was also before the committee and as it fully explains the case, it is made a part of this report.

The committee is of the opinion that the bill as amended should receive favorable consideration.

[S. Rept. No. 182, 76th Cong., 1st sess.]

The Committee on Immigration, to whom was referred the bill (S. 139) for the relief of Maria Bartolo, having considered the same, report it back to the Senate without amendment and recommend that the bill do pass.

The facts in the case as presented to your committee are briefly as follows: The records show that the person named, a native and citizen of Italy, arrived in the United States at the port of New York on December 6, 1924, and upon presentation of a nonquota visa which was issued to her by the American consul at Naples, Italy, under the provisions of section 4 (c) of the act of 1924, was admitted as a native of Brazil. Subsequent to this admission, it was discovered that this visa was secured through fraud, in that she was not born in Brazil, but was in fact a native of Italy. It appears that in securing this nonquota visa she used the name and birth certificate of one Camela Savelli. She claims, however, that her father was responsible for this fraudulent transaction.

Mrs. Bartolo was made the subject of deportation proceedings on January 13, 1936, and on June 4, 1936, a warrant was issued for her deportation to Italy on the ground that she is in the United States in violation of the act of 1924, in that she is found to have been at the time of entry not entitled under said act to enter the United States for the reason, to wit: That the immigration visa which she presented was not valid because procured by fraud or misrepresentation; and that at the time of her entry she was not a nonquota immigrant as specified in her immigration visa.

The subject of this report was married to a legal resident of the United States in January 1926. Her husband has subsequently become a citizen by naturalization, and she has three children born in this country. By reason of the family situation deportation in this case has been held in abeyance pending action by the Congress on legislation pending which would give relief in this case. The Department of Labor interposes no objection to passage of the bill. Your committee, after thoroughly considering the facts as presented, recommend that the bill be favorably reported.

Hon. RICHARD B. RUSSELL, Jr.,

Chairman, Senate Committee on Immigration,

JANUARY 15, 1939.

United States Senate, Washington, D. C. MY DEAR SENATOR RUSSELL: This will acknowledge receipt of your letter of December 1, enclosing for comment by this Service Senate bill 3063, introduced by Senator Walsh on November 16, for the relief of Maria Bartolo.

The records of this office disclose that the person named, a native and citizen of Italy, arrived in the United States at the port of New York on December 6, 1924, and, upon presentation of a nonquota visa which was issued to her by the American consul at Naples, Italy, under the provisions of section 4 (c) of the act of 1924, was admitted as a native of Brazil. Subsequent to this admission it was discovered that this visa was secured through fraud, in that she was not born in Brazil but was in fact a native of Italy. It appears that in securing this nonquota visa she used the name and birth certificate of one Camela Savelli. She claims, however, that her father was responsible for this fraudulent transaction. Mrs. Bartolo was made the subject of deportation proceedings on Januray 13, 1936, and on June 4, 1936, a warrant issued for her deportation to Italy on the ground that she is in the United States in violation of the act of 1924 in that she is found to have been at the time of entry not entitled under said act to enter the United States for the reason, to wit: That the immigration visa which she presented was not valid because procured by fraud or misrepresentation; and that at the time of her entry she was not a nonquota immigrant as specified in her immigration visa.

The subject of this letter was married to a legal resident of the United States in January 1926. Her husband has subsequently become a citizen by naturalization, and she has three children born in this country. By reason of the family situation deportation in this case has been held in abeyance pending final action by Congress on the Dies bill, which passed the House of Representatives at the last session but failed of passage in the Senate.

This Service would interpose no objection to favorable action being taken on Senate bill 3063.

Cordially yours,