MRS. SKIO TAKAYAMA HULL JUNE 22, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. CHELF, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 1679 The Committee on the Judiciary, to whom was referred the bill (H. R. 1679) for the relief of Mrs. Skio Takayama Hull, 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 waive the racial exclusion clauses of the Immigration laws in the case of a Japanese-born wife of an American citizen, a veteran of World War I, and to provide for the usual quota deduction. GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the assistant to the Attorney General to the chairman of the committee, dated May 19, 1949, which letter reads as follows: Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MAY 19, 1949. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 1679) for the relief of Mrs. Skio Takayama Hull, an alien. The bill would provide that notwithstanding any provision of law excluding from admission to the United States persons of races ineligible to citizenship, Mrs. Skio Takayama Hull shall be admitted to this country for permanent residence upon application hereafter filed and without presenting an immigration visa or other travel documents, if she is otherwise admissible under the immigration laws. It would further provide that upon admission of Mrs. Hull to the United States, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the Japanese quota for the first year such quota is available. The records of the Immigration and Naturalization Service of this Department disclose that the alien is 36 years of age and a native and citizen of Japan. On August 16, 1943, she was married in Tientsin, China, to Lovejoy Gordon Hull, by the American consul. There are no children of this marriage. Mr. Hull was born in St. Paul Minn., on January 3, 1895. He joined the United States Army in 1916 and was honorably discharged at Tientsin, China, on February 1, 1928. At that time he established a cleaning business in Tientsin which he operated until 1937 when he affiliated himself with a Chinese subsidiary of the British American Tobacco Co., with which he remained until March 1943 when he was interned by the Japanese. Mrs. Hull made repeated efforts to join her husband during his internment but was ordered to remain in Tientsin. Upon his release in 1945 he hoped to continue his tobacco business but, because of the activity of the Communist Army, he and his wife were forced to flee from Tientsin, leaving all their belongings. They are presently in Taipei, Taiwan Province, China. The husband has a $10,000 paid-up Government insurance policy and $20,000 in savings bonds and $4,000 cash in the American Trust Co. in San Francisco. The alien is inadmissible to the United States under existing law because of the fact that she is of a race ineligible for naturalization. Subsection (c) of section 13 of the Immigration Act of 1924 (8 U. S. C., sec. 213 (c)) provides that, with certain exceptions, all persons of races ineligible for citizenship shall be denied admission to the United States. Whether the alien should be granted a preference through special legislation presents a question of legislative policy concerning which this Department prefers not to make any recommendation. Yours sincerely, PEYTON FORD, The Assistant to the Attorney General. The House has recently passed twice general legislation waiving racial exclusion clauses existing in immigration and naturalization statutes, but this legislation (H. R. 199 and H. J. Res. 238) has not been acted upon by the Senate. Pending the enactment of public legislation repealing the racial barriers, the subcommittee from time to time has recommended that relief be granted in individual cases. H. R. 1679 grants relief in such a case and the committee recommends that the bill do pass. ELIZABETH AND LAWRENCE WONG JUNE 22, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. WALTER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 1861) The Committee on the Judiciary, to whom was referred the bill (H. R. 1861) for the relief of Elizabeth and Lawrence Wong, 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 provide for the admission of two stepchildren of an American citizen and a resident of Honolulu, T. Ĥ. The bill also provides for the usual quota deductions. GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General to the chairman of the committee. dated May 25, 1949, which letter reads as follows: Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MAY 25, 1949. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice with respect to the bill (H. R. 1861) for the relief of Elizabeth and Lawrence Wong, aliens. The bill would authorize and direct the Secretary of State to cause immigration visas to be issued to Elizabeth and Lawrence Wong, the stepchildren of Kwai Lun Wong, an American citizen and a resident of Honolulu, T. H., if they are found by the United States consul, to whom application for visas are made, to be admissible under the provisions of the Immigration Act of February 5, 1917, as amended (39 Stat. 874). The bill would also direct the Secretary of State, upon the admission of the aliens to the United States, to instruct the proper quotacontrol officer to deduct two numbers from the Chinese quota for the first year such quota is available. The records of the Immigration and Naturalization Service of this Department disclose that the aliens are a brother and sister whose mother, Ko Suy Hing Wong, is a native-born citizen of China. Their father died in China about 10 years ago. Elizabeth Wong was born in Canton, China, on July 1, 1927, and is a senior student at St. Mary's School in Kowloon, Hong Kong, while her brother Lawrence, who was born in Canton on October 22, 1929, is a junior at La Salle College in Hong Kong. Their mother remarried in China on February 14, 1946, before the United States consul at Hong Kong, to Kwai Lun Wong, widower and a citizen of the United States. She was admitted to this country at Honolulu, T H., on February 16, 1947, under section 4 (a) of the Immigration Act of May 26, 1924, as the wife of a United States citizen, and is a legal resident of the United States The stepfather, Kwai Lun Wong, has owned and operated a real-estate firm in Honolulu for the past 30 years. He is now supporting the aliens and there is little likelihood they would become public charges if permitted to enter the United States. He has five sons by his first wife, four of whom are married and self-supporting, while the other son is a student at the University of Hawaii. The act of December 17, 1943, providing for a quota allotment for China makes no provision for preference within the quota in the issuance of an immigration visa to the children of a legally resident alien of the Chinese race. It will therefore be necessary for the aliens to obtain nonpreference quota-immigration visas to enter this country for permanent residence. The Chinese racial quota to which these aliens are chargeable is oversubscribed, and visas are not readily obtainable. The record fails to disclose sufficient reason to justify granting a preference to these aliens. Accordingly, this Department is unable to recommend enactment of the bill Yours sincerely, PEYTON FORD, The Assistant to the Attorney General Mr. Farrington, the Delegate from Hawaii, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary and urged favorable consideration of his measure, pointing out the excellent moral record of the stepfather and the mother of the two children, as well as to family hardship resulting from the continuous separation of the members of this family. Mr. Farrington's statement is quoted below: I appear this morning to request of Elizabeth and Lawrence Wong. stepchildren of K. L. Wong of 421 as permanent residents. JUNE 20, 1949. favorable action on H. R. 1861 for the relief This bill would permit these two persons, the Elena Street, Honolulu, to enter this country Mr. Wong is an American citizen. He was born in Honolulu in 1886. Through a lifetime in Honolulu he acquired a very substantial amount of property. He attained a position of prominence in the community He is generally held in the highest regard by the people of Honolulu. He left Hawaii in 1938 and went to Hong Kong, China. His stay there was extended to February 16, 1947, as the result of the war. While in Hong Kong, he married his present wife, who had two children by a former marriage. The marriage took place before the United States consul in Hong Kong in the middle of 1946. Mrs. Wong's maiden name was Ko Suy Hing. She returned to Hawail with Mr. Wong in February 1947, entering the United States under Form I-133, as she is an alien, a citizen of the Republic of China. Soon after the marriage, Mr. Wong made application for the admission of Mrs. Wong's children into the United States on student permits. The children are both aliens, citizens of the Republic of China Elizabeth was born Julv 1. 1927, and Lawrence on October 22, 1929 It was contemplated that the children would attend the Hawaiian Mission Academy in Honolulu. There was no problem of support. since Mr Wong is fully capable of providing for them. At the time the application was made, Mr. Wong was informed that the application was approved and the two children would be permitted to enter the United States as students. In July of 1946, Mr. Wong was advised that the entry of the two children as nonquota immigrants into the United States on a student status could not be permitted, as Mr. and Mrs. Wong were themselves intending to go to Hawaii and remain there permanently. This was probably on the ground that the children were not bona fide students under paragraph (e), section 2C4, title 8 of the United States Code On August 8, 1946, applications were filed with the United States consul in Hong Kong for admission of these two children into the United States as quota immigrants In April 1947, Mr. Wong wrote to the Immigration and Naturalization Service requesting information as to whether the children were subject to the quota set for Chinese immigration and whether there were any preferential ratings based upon their character and qualifications as prospective good American citizens. He states that it was his desire to bring them to Honolulu as permanent residents. On June 10, 1947, he was advised by the local office in Honolulu of the Immigration Service that the children were quota immigrants and had no preferential rating as prospective American citizens. It seems to me the circumstances warrant favorable action in this particular case, as hardship undoubtedly will result if these two children, who were minors at the time of their mother's marriage. are denied admission to this country. I know that any consideration given this legislation will be very much appreciated In addition, the subcommittee received an affidavit signed by Mr. Charles E. Kauhane of the House of Representatives, Territory of Hawaii, stating in part as follows: Mr. Wong, who is 63 years of age, has contributed greatly to the early development of Hawaii. His civic responsibilities have been many and varied. He has legions of friends, not only among his own group but among other groups who hold him in high esteem. His reputation for honesty is beyond reproach. Mr. Wong's love and affection for his step-children has caused him much concern and anxiety. resulting in his repeated request for passage of legislation by Congress, as well as resorting to other legal means for their relief The present condition that exists in China has increased this concern, which, combined with his desire to provide them with every opportunity to further their education in American schools, places greater stress on the need for early relief for these two children. I pray and request that you will give this matter your utmost consideration and attention. After considering all the facts in the case, the committee are of the opinion that H. R. 1861 should be enacted and, accordingly, so recommend its enactment. |