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suggested that section 1 of the bill be amended by the insertion of the following clause at the end thereof: “Provided, That nothing in this section shall prevent the naturalization of former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317.”
I find no objection to the enactment of the bill, if it is amended as suggested above.
I have been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours,
FRANCIS BIDDLE, Attorney General.
NOVEMBER 20, 1944.
House of Representatives.
I have ascertained that there are now pending before Congress a number of bills to authorize the naturalization of Filipinos. One such bill, H. R. 4826, which was introduced in the House of Representatives on May 18, 1944, by Representative McGehee and which was referred to your committee, comes nearest to meeting the views of the Department. Its enactment would make Filipino persons or persons of Filipino descent eligible to naturalization in the United States. The Department believes, however, that a proviso should be added to section 1 of the bill reading somewhat along the following lines: “Provided, That no certificate of arrival shall be required of any Filipino person or person of Filipino descent who is now a citizen of the Commonwealth of the Philippines, and who entered the United States prior to May 1, 1934, and has since continuously resided in the United States."
Prior to May 1, 1934, Filipino persons or persons of Filipino descent who owed allegiance to the United States generally were not considered aliens for immigration purposes and no record could have been made of their entry into the United States as aliens upon which a certificate of arrival could be issued. Since May 21, 1934, records have been made of the admission to the United States of all such persons as aliens. It would seem inequitable for a Filipino person or a person of Filipino descent who is now a citizen of the Commonwealth of the Philippines and who entered the United States prior to May 1, 1934, and has since continuously resided herein to be unable to become naturalized because of his inability.to obtain a certificate of arrival. For this reason a proviso such as that suggested would seem desirable and just.
I should be pleased if the Congress in its wisdom should approve H. R. 4826 with the amendment above suggested or any similar bill having the same purpose.
The Department has been informed by the Bureau of the Budget that there is no objection to the transmission of such report as the State Department may deem appropriate after considering the suggestions made by the Attorney General in his letter dated October 17, 1944, of which a copy is enclosed together with a copy of the letter of transmittal from the Bureau of the Budget. Sincerely yours,
EDWARD R. STETTINIUS, Jr.,
A similar bill, H. R. 4826, passed the House of Representatives in the Seventy-eighth Congress.
The Committee is of the opinion that the legislation is highly desirable and, therefore, recommend that the bill do pass.
CHANGES IN EXISTING LAW
In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows (existing law in which no change is made is printed in roman; omitted matter is printed within black brackets; the new matter is printed in italics):
NATIONALITY ACT OF 1940 (54 STAT. 1137; 8 0. 8. C. 907), AS AMENDED Sec. 303. The right to become a naturalized citizen under the provisions of this Act shall extend only to white persons, persons of African nativity or descent, descendants of races indigenous to the Western Hemisphere, [and] Chinese persons or persons of Chinese descent, and Filipino persons or persons of Filipino descent: Provided, That nothing in this section shall prevent the naturalization of [native-born Filipinos having the honorable service in the United States Army, Navy, Marine Corps, or Coast Guard as specified in section 324, nor of] former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317.
SEC. 321 A. Certificates of arrival or declarations of intention shall not be required of Filipino persons or persons of Filipino descent who are citizens of the Commons wealth of the Philippines on the date of the enactment of this section, and who entered the United States prior to May 1, 1934, and have since continuously resided in the United States. The term “Filipino persons or persons of Filipino descent" as used in this Act shall mean persons of a race indigenous to the Philippine Islands and shall not include persons who are of as much as one-half of a race ineligible to cilizenship.
Sec. 324. (a) A person [, including a native-born Filipino,] who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years and who, if separated from such service, was separated under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's petition, in the United States for at least five years and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the service or within six months after the termination of such service.
AMENDING SECTION 23 OF THE IMMIGRATION ACT OF
FEBRUARY 5, 1917
MARCH 6, 1948.—Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. Mason, from the Committee on Immigration and Naturalization,
submitted the following
(To accompany H. R. 1104)
The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 1104) to amend section 23 of the Immigration Act of February 5, 1917, as amended (8 U. S. C. 101–102), having considered the same, report favorably thereon without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of the bill is to fix the salary of the Commissioner of Immigration and Naturalization at $10,000 per annum.
The situation in the law which relates to the salary of the Commissioner of Immigration and Naturalization of the Department of Justice is undesirable as being detrimental to the interests of the Government and needs legislative correction.
At the present time the position of Commissioner of Immigration and Naturalization is classified in grade CAF-15, which is the highest nonprofessional classification permitted by general law, in the absence of a statutory provision allowing a higher classification, in specific cases (U.S. Code, title 5, sec. 673). The salary range of grade CAF15 is $8,000 and $9,000 per annum. Consequently, under existing law, the Commissioner of Immigration and Naturalization may not receive a salary in excess of $9,000. Prior to June 10, 1933, the Immigration and Naturalization Bureaus were separate organizations. Each had its own Commissioner as the official in charge. The salary of each Commissioner was $8,000 per annum.
The position of Commissioner of Immigration and Naturalization was last classified in 1933. At that time the permanent personnel of the Service numbered 3,961 and its annual appropriation was $10,384,000. This situation existed until 1940. Since the latter date, however, the number of its employees and its annual appropriation have more than doubled. During the present fiscal year, ending June 30, 1945, the authorized force for the Immigration and Naturalization Service is 8,213, and the appropriation for the present year is $28,300,000.
In addition, the duties of the Immigration and Naturalization Service have been greatly increased since 1940. The registration of all aliens in the United States was required by the Alien Registration Act of 1940 (U. S. C., title 8, secs. 451 to 460). The task of registering 5,000,000 aliens and of coordinating the information thus obtained was and still is one of major proportions. That act also imposed on the Immigration and Naturalization Service the duty of providing travel documents to all aliens who cross our borders. Moreover, it has become necessary to increase the number and activities of the border patrol in order to guard the coast line and land borders of the United States against the illegal entry of aliens, especially alien enemies. The Service has been required to set up a number of concentration camps throughout the country for the detention of alien enemies.
In view of the greatly increased number of employees in the Immigration and Naturalization Service, the fact that one Commissioner now heads up the consolidated Services, and in the light of the added duties and responsibilities that have devolved on the Commissioner of Immigration and Naturalization as a result of present world conditions, it appears desirable to enact legislation which would authorize the payment to the Commissioner of Immigration and Naturalization a salary of $10,000 per annum.
Such a provision would merely enable the Commissioner to receive a salary equal to that which is at present provided by law for the heads of other Government bureaus or agencies performing similar duties; for example, the Commissioner of Customs (U. S. Code, title 5, sec. 281) and the Commissioner of Internal Revenue (U. S. Code, title 26, sec. 3900).
A similar bill, H. R. 1671, passed the House of Representatives in the Seventy-eighth Congress.
After full consideration of all the facts the committee was unanimously of the opinion that the bill was definitely meritorious and, therefore, recommend that the same do pass.
CHANGES IN EXISTING LAW
In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows (existing law in which no change is made is printed in roman; omitted matter is printed within black brackets; new matter is printed in italics):
SEC. 23. That the Commissioner of Immigration and Naturalization shall perform all his duties under the direction of the Attorney General. He shall receive a salary of $10,000 per annum. Under such direction he shall have charge of the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all officers, clerks, and employees appointed thereunder; he shall establish such rules and regulations, prescribe such forms of bond, reports, entries, and other papers, and shall issue from time to time such instructions not inconsistent with law, as he shall deem best calculated for carrying out the provisions of this Act and for protecting the United States and aliens migrating thereto from fraud and loss, and shall have authority to enter into contract for the support and relief of such aliens as may fall into distress or need public aid, and to remove to their native country, or the country from whence they came, or to the country of which they are citizens or subjects, at any time after entry, at the expense of the appropriations for the enforcement of this Act, as fall into distress or need public aid from causes arising subsequent to their entry and are desirous of being so removed but any person thus removed shall forever be ineligible for readmission except upon the approval of the Secretary of State and the Attorney General. He shall prescribe rules for the entry and inspection of aliens coming to the United States from or through Canada and Mexico, so as not unnecessarily to delay, impede, or annoy persons in ordinary travel between the United States and said countries and shall have power to enter into contracts with transportation lines for the said purpose. It shall be the duty of the Commissioner of Immigration and Naturalization to detail officers of the Immigration and Naturalization Service from time to time as may be necessary, in his judgment, to secure information as to the number of aliens detained in the penal, reformatory, and charitable institutions (public and private) of the several States and Territories, the District of Columbia, and other territory of the United States, and to inform the officers of such institutions of the provisions of law in relation to the deportation of aliens who have become public charges. He may, with the approval of the Attorney General, whenever in his judgment such action may be necessary to accomplish the purposes of this Act, detail immigration officers for service in foreign countries; and, upon his request, approved by the Attorney General, the Secretary of the Treasury may detail medical officers of the United States Public Health Service for the performance of duties in foreign countries in connection with the enforcement of this Act (8 U. S. C. 101–02). The duties of immigration and naturalization officials in charge of districts, ports, or stations shall be of an administrative character, to be prescribed in detail by regulations prepared under the direction or with the approval of the Attorney General (8 U. S. C. 108): Provided, That no person, company, or transportation line engaged in carrying alien passengers for hire from Canada or Mexico to the United States, whether by land or water, shall be allowed to land any such passengers in the United States without providing suitable and approved landing stations, conveniently located, at the point or points of entry. The Commissioner of Immigration and Naturalization is hereby authorized and empowered to prescribe the conditions not inconsistent with law, under which the above-mentioned landing stations shall be deemed suitable within the meaning of this section. Any person, company, or transportation line landing an alien passenger in the United States without compliance with the requirement herein set forth shall be deemed to have violated section eight of this Act, and upon conviction shall be subject to the penalty therein prescribed (8 U. S. C. 160): Provided further, That for the purpose of making effective the provisions of this section relating to the protection of aliens from fraud and loss, and also the provisions of section thirty of this Act, relating to the distribution of aliens, the Attorney General shall establish and maintain immigrant stations at such interior places as may be necessary, and, in the discretion of the said Attorney General, aliens in transit from ports of landing to such interior stations shall be accompanied by immigrant inspectors (8 U. S. Č. 161): Provided further, That in prescribing rules and making contracts for the entry and inspection of aliens applying for admission from or through foreign contiguous territory, due care shall be exercised to avoid any discriminatory action in favor of foreign transportation companies transporting to such territory aliens destined to the United States, and all such transportation companies shall be required, as a condition precedent to the inspection or examination under such rules and contracts at the ports of such contiguous territory of aliens brought thereto by them, to submit to and comply with all the requirements of this Act which would apply were they bringing such aliens directly to seaports of the United States, and, from and after the taking effect of this Act, no alien applying for admission from foreign contiguous territory shall be permitted to enter the United States unless upon proving that he was brought to such territory by a transportation company which had submitted to and complied with all the requirements of this Act, or that he entered, or has resided in, such territory more than two years prior to the date of his application for admission to the United States (8 U. S. C. 162). (39 Stat. 892–893; 50 Stat. 164; 8 U. S. C. 101-102, 108, 160–162.)