CONSIDERATION OF H. R. 1689 JUNE 30, 1949.-Referred to the House Calendar and ordered to be printed Mr. SABATH, from the Committee on Rules, submitted the following REPORT [To accompany H. Res. 274] The Committee on Rules, having had under consideration House Resolution 274, reports the same to the House with the recommendation that the resolution do pass. O GEORGE SEEMAN JENSEN JUNE 30, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. CASE of New Jersey, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 3718) The Committee on the Judiciary, to whom was referred the bill (H. R. 3718) for the relief of George Seeman Jensen, 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 facilitate the admission into the United States, after deportation, of a native and citizen of Denmark who is the husband of an American citizen and the father of two Americanborn children. GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General, dated June 6, 1949, to the chairman of the committee, which letter reads as follows: Hon. EMANUEL CELLER, Chairman. Committee on the Judiciary, House of Representatives, Washington, D. C. JUNE 6, 1949. MY DEAR AR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 3718) for the relief of George Seeman Jensen. The bill would provide that in the administration of the immigration and naturalization laws, George Seeman Jensen, a native of Denmark, shall be admitted into the United States upon making application, notwithstanding the provisions of the act of March 4 1929 (8 TỪ SỞ 180). relating to entry after deportation The records of the Immigration and Naturalization Service of this Department disclose that the alien was born in Denmark on November 25, 1929, and that he s a citizen of that country. He has made several entries into the United States as a seaman, the last being at Galveston, Tex., on May 22, 1946. As a result of his aiding two English girls to stow away on his ship he was found guilty in the United States District Court for the Southern District of Texas of violating seetion 470, title 18, United States Code, and on June 5, 1946, was sentenced to pay a fine of $150 and to serve a term of 30 days in jail. After serving his sentence a warrant of arrest in deportation proceedings issued against him on April 4, 1947, charging that at the time of entry in May of 1946 he was an immigrant not in possession of a valid immigration visa, and that he had violated the act of June 28, 1940, in that he had, within 5 years after entry, knowingly and for gain, assisted aliens to enter the United States, in violation of law. He was found to be subject to deportation on those charges and on December 9, 1948, was deported to Denmark after his appeal for relief from deportation to the Board of Immigration Appeals had been denied. The purpose of the bill is to make the alien admissible to the United States upon application, notwithstanding the provisions of the act of March 4, 1929, which provides that an alien who has been arrested and deported in pursuance of law is prohibited from returning to the United States until after the expiration of 1 year from the date of his deportation and may apply for admission after the expiration of 1 year only if granted permission to do so by the Attorney General (8 U. S. C. 180). In February 1946 the alien married a native-born citizen of the United States and there are two American-born children of this marriage. The wife and children live in Albany, N. Y., and have received their entire support from the Albany County Welfare Department since the alien's deportation. The Board of Immigration Appeals, on October 7, 1948, in denying a motion to reconsider its decision affirming the Commissioner's order of deportation, pointed out that the alien was deportable under section 19 (b) of the Immigration Act of 1917, as amended (8 U. S. C. 155), and while the Board took cognizance of the fact that the alien's wife and children were citizens of the United States. it concluded that discretionary relief was not available to him for the reason that clause 5 of subdivision (d) of section 19 provides that benefits of subsection (c), which authorizes the Attorney General to suspend deportation proceedings in certain instances. are not applicable to one deportable under subsection (b) thereof. The alien is thus mandatorily excludible from the United States for at least 1 year from the date of his deportation. At the expiration of this period he may apply to the Attorney General for permission to reapply for admission to the United States. Upon a review of all the circumstances involved, this Department is unable to recommend enactment of the bill. Yours sincerely, PEYTON FORD, Mr. Byrne, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary and presented the beneficiary's wife and children. The following addional information was submitted by Mr. Byrne: H. R. 3718 was introduced at the request of Mrs. Margaret White Jensen, American-born wife of the above-named alien, who resides at 190 Elk Street. Albany, N. Y., with her two young children George Seeman Jensen is a native of Denmark, but served for over 4 years with the United States merchant marine. He met his wife when his ship put nto the Port of Albany, N. Y., in 1945, and they were married in February of 1946. He continued in his occupation as a seaman, and made his last entry into the United States at Galveston, Tex., on May 22, 1946, at which time he was arrested for allegedly aiding two English girls to stow away on his ship. He was found guilty and was sentenced to pay a fine of $150 and to serve 30 days in jail. After serving his sentence a warrant of arrest in deportation proceedings issued against him on April 4, 1947, charging that at the time of entry in May of 1946 he was an immigrant not in possession of a valid immigration visa, and that he had violated the act of June 28, 1940, in that he had, within 5 years of his entry, nowingly and for gain assisted aliens to enter the United States in violation of aw. He was deported to Denmark on December 9, 1948 The purpose of H. R. 3718 is to make the alien admissible to the United States upon application, notwithstanding the provisions of the act of March 4, 1929. which provides that an alien who has been arrested and deported in pursuance of |