SUSPENSION OF DEPORTATION OF CERTAIN ALIENS

JUNE 28, 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 S. Con. 25)

The Committee on the Judiciary, to whom was referred the resolution (S. Con. Res. 25) favoring the suspension of deportation of certain alens, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

PURPOSE OF THE CONCURRENT RESOLUTION

The purpose of the concurrent resolution is to record congressional approval, in accordance with Public Law 863 of the Eightieth Congress, of suspension of deportation in certain cases in which the Attorney General has suspended deportation for more than 6 months.

GENERAL INFORMATION

Since 1940 and prior to July 1, 1948, the law (sec. 19 (c) of the Immigration Act of 1917, as amended) provided in substance that the Attorney General may suspend deportation and adjust the immigration status in the United States of certain deportable aliens. Under this provision of the law, aliens subject to deportation on the so-called technical charges may have their deportation suspended for 6 months if they are persons of good moral character and if their deportation would result in a serious economic detriment to a citizen of the United States or legally resident alien, who is the spouse, parent, or minor child of such deportable aliens. This privilege does not run in favor of persons subject to deportation for the serious causes such as on the ground of being a political undesirable, a narcotic-law violator, a criminal, an immoral person, etc.

Since 1940, such suspensions of deportation accorded by the Attorney General were subject to review by the Congress. If within a designated period of time the Congress did not pass a concurrent resolution stating in substance that the Congress did not favor the suspension of deportation, the suspension was final and the status of the alien involved was adjusted to that of a permanent resident.

Since July 1, 1948, under the provisions of Public Law 863, Eightieth Congress (62 Stat. 1206; 8 U. S. C. 155 (c)), affirmative congressional action in each individual case is required before the suspension of deportation granted by the Attorney General could become final and the status of the alien could be adjusted to that of a permanent resident.

It is the view of the Department of Justice that all cases which were pending before the Congress during the second session of the Eightieth Congress should be handled under the new procedure (affirmative action) prescribed in Public Law 863 of the Eightieth Congress

Included in the concurrent resolution (S. Con. Res. 25) are (a) 153 cases out of 172 cases which were referred to the Congress on February 1, 1948, (b) 1 case which was referred to the Congress on August 2, 1948, (c) 1 case which was referred to the Congress on February 1, 1949, and (d) 2 cases which were referred to the Congress on February 15, 1949; 17 cases out of the 172 cases which were referred to the Congress on February 1, 1948, have been previously approved and they appear on S. Con. Res. 40, reported to the House on June 21, 1949; 2 cases were subsequently withdrawn by the Attorney General after additional evidence had been discovered which did not warrant the suspension of deportation.

In each case which is recommended for p roval, a check has been made to determine whether or not the alien (a) has met the requirements of the law, (b) is of good moral character, and (c) is possessed of strong equities which would warrant the suspension of deportation.

The committee, after consideration of all the facts in each case referred to in the concurrent resolution (S. Con. I.es. 25) recommends that the concurrent resolution do pass.

H. Rept. 930

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SUSPENSION OF DEPORTATION OF CERTAIN ALIENS

JUNE 28, 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 S. Con. Res. 27]

The Committee on the Judiciary, to whom was referred the resolution (S. Con. Res. 27) favoring the suspension of deportation of certain aliens, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

PURPOSE OF THE CONCURRENT RESOLUTION

The purpose of the concurrent resolution is to record congressional approval, in accordance with Public Law 863 of the Eightieth Congress, of suspension of deportation in certain cases in which the Attorney General has suspended deportation for more than 6 months.

GENERAL INFORMATION

Since 1940 and prior to July 1, 1948, the law (sec. 19 (c) of the Immigration Act of 1917, as amended) provided in substance that the Attorney General may suspend deportation and adjust the immigration status in the United States of certain deportable aliens. Under this provision of the law aliens subject to deportation on the so-called technical charges may have their deportation suspended for 6 months if they are persons of good moral character and if their deportation would result in a serious economic detriment to a citizen of the United States or legally resident alien, who is the spouse, parent, or minor child of such deportable aliens. This privilege does not run in favor of persons subject to deportation for the serious causes such as on the ground of being a political undesirable, a narcotic-law violator, a criminal, an immoral person, and so forth.

Since 1940, such suspensions of deportation accorded by the Attorney General were subject to review by the Congress. If within a designated period of time the Congress did not pass a concurrent resolution stating in substance that the Congress did not favor the suspension of deportation, the suspension was final and the status of the alien involved was adjusted to that of a permanent resident.

Since July 1, 1948, under the provisions of Public Law 863, Eightieth Congress (62 Stat. 1206; 8 U. S. C. 155 (c)), affirmative congressional action in each individual case is required before the suspension of deportation granted by the Attorney General could become final and the status of the alien could be adjusted to that of a permanent resident.

It is the view of the Department of Justice that all cases which were pending before the Congress during the second session of the Eightieth Congress should be handled under the new procedure (affirmative action) prescribed in Public Law 863 of the Eightieth Congress.

The 109 cases included in the concurrent resolution (S. Con. Res. 27) were among 125 cases which were referred to the Congress on March 1, 1948; 9 cases out of the 125 cases referred to the Congress on March 1, 1948, have been previously approved, and they appear on Senate Concurrent Resolution 40, reported to the House on June 21 1949; 3 cases were subsequently withdrawn by the Attorney General after additional evidence had been discovered which did not warrant the suspension of deportation; 4 cases have not been recommended for favorable action by the Senate and, upon additional examination. the committee does not recommend favorable action on them.

In each case which is recommended for approval, a check has been made to determine whether or not the alien (a) has met the requirements of the law, (b) is of good moral character, and (c) is possessed of strong equities which would warrant the suspension of deportation.

The committee, after consideration of all the facts in each case referred to in the concurrent resolution (S. Con. Res. 27) recommends that the concurrent resolution do pass.

AUTHORIZING AN APPROPRIATION IN AID OF A SYSTEM OF DRAINAGE AND SANITATION FOR THE CITY OF POLSON, MONT.

JUNE 28, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. PETERSON, from the Committee on Public Lands, submitted the following

REPORT

[To accompany H. R. 2869]

The Committee on Public Lands, to whom was referred the bill (H. R. 2869) to authorize an appropriation in aid of a system of drainage and sanitation for the city of Polson, Mont., having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 2, line 9, change the period at the end of the line to a comma and add the following:

and the drainage-sanitation district formed pursuant to section 1 hereof shall specifically agree to hold the United States harmless against any and all damage claims that may be asserted by property owners of the area.

EXPLANATION OF THE BILL

The purpose of this bill is to authorize an appropriation of $100,000 with which to repair a drainage system for lands within and adjacent to the city of Polson, Mont., on the Flathead Indian Reservation.

This drainage system was installed by the Bureau of Reclamation in 1916 in connection with the Flathead Indian irrigation project. Most of the land protected by the drainage system is now within the corporate limits of the city of Polson. The system is badly in need of repair.

In 1946 some repairs were made following an investigation by the Bureau of Reclamation in cooperation with the city council. It was found that a number of unauthorized sewer connections from individual septic tanks had been made to the drainage lines, adversely affecting the efficient operation of the system.