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Mr. ELLIOTT, from the Joint Committee on the Disposition of Executive Papers, submitted the following

REPORT

The joint select committee of the Senate and House of Representatives appointed on the part of the Senate and House of Representatives, and acting in compliance with the provisions of the act approved July 7, 1943 (57 Stat. 380), respectfully reports to the Senate and House of Representatives that it has received and examined the report of the Archivist of the United States No. 45-24, dated February 10, 1945, to the Seventy-ninth Congress, second session, submitting the following lists or schedules, or parts of lists or schedules, covering records proposed for disposal by the Government agencies indicated:

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Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government and recommends that their disposal be accomplished, subject to the provisions of section 9 of the afore-mentioned act, in accordance

with the regulations promulgated by the National Archives Council under the provisions of said act.

Respectfully submitted to the Senate and House of Representatives.

A. J. ELLIOTT, Chairman,

B. W. GEARHART,

Members on the part of the House.

OWEN BREWSTER,

ALBEN W. BARKLEY,

Members on the part of the Senate.

O

AMENDING THE LAW RELATING TO THE AUTHORITY OF CERTAIN EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE TO MAKE ARRESTS WITHOUT WARRANT IN CERTAIN CASES AND TO SEARCH VEHICLES WITHIN CERTAIN AREAS

FEBRUARY 20, 1945.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. ALLEN of Louisiana, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 386]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. H. 386) to amend the law relating to the authority of certain employees of the Immigration and Naturalization Service to make arrests without warrant in certain cases and to search vehicles within certain areas, 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 clarify and amend the existing law with reference to the power of the personnel of the Immigration and Naturalization Service to make arrests in cases of violations of the immigration laws and in cases of aliens who are subject to deportation, as well as the law relating to searches of vehicles for aliens being brought to the United States illegally.

GENERAL INFORMATION

The following quoted letter of the Attorney General, dated February 10, 1945, addressed to the chairman of the committee, quite completely explains the objective of the bill:

Hon. SAMUEL DICKSTEIN,

FEBRUARY 10, 1945.

Chairman, Committee on Immigration and Naturalization,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN. This is in response to your request for my views relative to a bill (H. R. 386) to amend the law relating to the authority of certain employees of the Immigration and Naturalization Service to make arrests without warrant in certain cases and to search vehicles.

Under existing law arrests of aliens may be made without warrant only if the alien is entering or attempting to enter the United States in the presence or view

of the arresting officer (43 Stat. 1049; 8 U. S. C. 110). Aliens illegally in the United States may be arrested only pursuant to a warrant issued by the Immigration and Naturalization Service. This limitation is cumbersome and at times results in frustrating the ends of justice. The power to make arrests in such cases without a warrant should be conferred on personnel of the Immigration and Naturalization Service with a restriction that an alien so taken into custody should be accorded a hearing without unnecessary delay.

It is also desirable to confer upon personnel of the Immigration and Naturalization Service the power of arrest in cases of violations of immigration laws, subject to the same limitations as those generally imposed on the right of an officer to make an arrest.

Existing law (43 Stat. 1049; 8 U. S. C. 110) confers on personnel of the Service the right to search vessels and vehicles for aliens being brought into the United States. This authority should be extended to cover aircraft, in the light of recent developments in aircraft transportation.

In the enforcement of the immigration laws it is at times desirable to stop and search vehicles within a reasonable distance from the boundaries of the United States and the legal right to do so should be conferred by law.

The bill under consideration embodies the foregoing suggestions and is similar to a bill (H. R. 5464, 78th Cong.) which was introduced at my request and was passed by the House of Representatives on December 4, 1944.

Accordingly, I recommend the enactment of the legislation.

I have been informed 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.

A similar bill, H. R. 5464, passed the House of Representatives in the Seventy-eighth Congress.

The committee are 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):

Fourth proviso of the second paragraph of the section entitled "Bureau of Immigration" of the act entitled "An act making appropriations for the Departments of State and Justice and for the Judiciary, and for the Departments of Commerce and Labor, for the fiscal year ending June 30, 1926, and for other purposes," approved February 27, 1925 (43 Stat. 1049), as amended (8 U. S. C. 110):

[Provided further, That hereafter a] Any employee of the Immigration and Naturalization Service authorized so to do under regulations prescribed by the Commissioner of Immigration and Naturalization with the approval of the Attorney General, shall have power without warrant (1) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exciusion, or expulsion of aliens, or any alien who is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, [and to take such alien immediately] but the person arrested shall be taken without unnecessary delay for examination before an [immigrant inspector or other official] officer of the Immigration and Naturalization Service having authority to examine aliens as to their right to [admission to] enter or remain in the United States; [, and] (2) to board and search for aliens any vessel within the territorial waters of the United States, railway car, aircraft, conveyance, or vehicle, [in which he believes aliens are being brought into] within a reasonable distance from any external boundary of the United States; and (3) to make arrests for felonies which

have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, or expulsion of aliens, if the person making the` arrest has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the United States; and such employee shall have power to execute any warrant or other process issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens.

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