1st Session No. 1102 JOHANNES OR JOHN, JULIA, MICHAEL, WILLIAM, AND ANNA KOSTIUK JULY 12, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. MASON, from the Committee on Immigration and Naturalization, submitted the following REPORT [To accompany S. 1394] The Committee on Immigration and Naturalization, to whom was referred the bill (S. 1394) for the relief of Johannes or John, Julia, Michael, William, and Anna Kostiuk, having considered the same, report it back to the House without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to authorize the cancelation of the warrant of arrest and order of deportation of these aliens and record them as having been lawfully admitted to the United States for permanent residence. GENERAL INFORMATION There appeared before the committee a representative of the Department of Labor, who presented the records of the Department, and the history of these aliens is briefly as follows: The husband and wife are natives of Austria-Hungary, now Poland; that they immigrated to Canada; the husband became a Canadian citizen, and they have three Canadian born children; that they entered the United States from Canada in 1922, and returned to Canada for a short period of time, returning to the United States in 1924; that they have an American born child. The records also disclosed that these aliens were of good character, but the Department is faced with the fact that the members of the family are of different nationality, neither Canada nor Poland will receive the parents, and the Canadian Government will only accept the Canadian born children. 2 JOHANNES OR JOHN, JULIA, MICHAEL, WILLIAM, AND ANN KOSTIUK There was also before the committee the report of the Senate Committee on Immigration, which fully sets forth the facts in the case. The Department, in view of all the circumstances, does not oppose the enactment of this bill. The committee, after discussing the case fully, reported the same favorably without amendment. The Committee on Immigration, to whom was referred the bill (S. 1394) for the relief of Johannes or John, Julia, Michael, William, and Anna Kostiuk, 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: Johannes Kostiuk and his wife, who are natives of what was Austria-Hungary and is now Poland, accompanied by their three Canadian-born children, entered the United States from Canada on September 20, 1922, at which time the adult male alien gave his name as Stanislaw or Stanley Pajaciewicz (the name of his wife's brother), and represented that he was a naturalized citizen of Canada. Subsequent to this entry Mr. Kostiuk procured United States citizenship through fraud, but his certificate was canceled on August 5, 1937. The last entry into the United States of this family was on April 15, 1925. The case was first considered by the Department in deportation proceedings on January 8, 1938, at which time it was directed that, although deportable, the entire family might be granted permission to depart from the United States without the issuance of a warrant of deportation to any country of their choice, on or before March 1, 1938. They failed to depart and, therefore, it became necessary, on December 19, 1938, to issue a warrant for their deportation. Inasmuch as Mr. and Mrs. Kostiuk have been absent from their native country, now Poland, since 1907, and inasmuch as it further appears that Mr. Kostiuk took an oath of allegiance to Canada in May 1914, it will not be possible to secure a passport for their return to Poland. The Canadian authorities have refused to admit them to that country, but will admit the three Canadian-born children. In view of the fact, however, that the parents are in the United States illegally, it appears that in the event the three Canadian-born children returned to Canada they would not be able to obtain a visa from an American consul with which to return to the United States during their minority. In addition to the three Canadian-born children, these people also have a child who was born in the United States. The subjects of this report appear to be of good moral character, and their case is similar to others with which the Immigration and Naturalization Service is confronted; that is to say, where members of a family are of different nationalities. The Department interposes no objections to passage of this bill. Your committee, after thoroughly considering the facts as presented, recommend that the bill be favorably reported. DEPARTMENT OF LABOR, IMMIGRATION AND NATURALIZATION SERVICE, Hon. RICHARD B. Russell, Jr., MY DEAR SENATOR RUSSELL: I am in receipt of a copy of Senate bill No. 1394, introduced by Senator Vandenberg, for the relief of the aliens, Johannes or John, Julia, Michael, William, and Anna Kostiuk, and submit the following comment and recommendation in regard to this case. Johannes Kostiuk and his wife, who are natives of what was Austria-Hungary and is now Poland, accompanied by their three Canadian-born children, entered the United States from Canada on September 20, 1922, at which time the adult male alien gave his name as Stanislaw or Stanley Pajaciewicz (the name of his wife's brother), and represented that he was a naturalized citizen of Canada. Subsequent to this entry Mr. Kostiuk procured United States citizenship through fraud, but his certificate was canceled on August 5, 1937. The last entry into the United States of this family was on April 15, 1925. The case was first considered by the Department in deportation proceedings on January 8, 1938, at which time it was directed that, although deportable, the entire family might be granted permission to depart from the United States without the issuance of a warrant of deportation to any country of their choice, on or before March 1, 1938. They failed to depart and therefore it became necessary, on December 19, 1938, to issue a warrant for their deportation. Inasmuch as Mr. and Mrs. Kostiuk have been absent from their native country, now Poland, since 1907, and inasmuch as it further appears that Mr. Kostiuk took an oath of allegiance to Canada in May 1914, it will not be possible to secure a passport for their return to Poland. The Canadian authorities have refused to admit them to that country, but will admit the three Canadian-born children. In view of the fact, however, that the parents are in the United States illegally, it appears that in the event the three Canadian-born children are returned to Canada they would not be able to obtain a visa from an American consul with which to return to the United States during their minority. In addition to the three Canadian-born children, these people also have a child who was born in the United States. The subjects of this commurication appear to be of good moral character, and their case is similar to others with which we are frequently confronted, that is to say, where members of a family are of different nationalities. There are no means whereby the administrative authorities can adjust the status of these people under existing law. The only hope of relieving their present unfortunate situation is by congressional legislation, and I believe that the bill introduced in their behalf should receive favorable consideration. The file covering this case is enclosed herewith, with the request that it be returned when it has served the purpose of your committee. Cordially yours, JAMES L. HOUGHTELING, Commissioner. DAUMIT TANNAUS SALEAH (DAVE THOMAS) JULY 12, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. MASON, from the Committee on Immigration and Naturalization, submitted the following REPORT [To accompany S. 1911] The Committee on Immigration and Naturalization, 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 House with an amendment and recommend that the bill as amended do pass. The Committee amendment is as follows: On page 2, line 8, after the second word in said line, and after the period, strike out all thereafter and insert in lieu thereof, the following: This act shall not be deemed to create a record of the admission of the said Daumit Tannaus Saleah for immigration or naturalization purposes and he will not be permitted to apply for naturalization unless and until he leaves the United States and reenters with proper legal visa. The said Daumit Tannaus Saleah shall not hereafter be subject to deportation for the same cause or causes upon which the warrant of deportation was issued. PURPOSE OF THE BILL The purpose of the bill as amended is to permit the alien to remain in the United States, but does not confer upon him the right to apply for naturalization unless he leaves the United States and returns with a proper and legal visa. GENERAL INFORMATION There appeared before the committee a representative of the Department of Labor who presented the files of the Department in this case. There was also before the committee the favorable report of the Committee on Immigration of the Senate. This report by the Senate |