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SENATE

/REPORT \No. 933

IMMIGRATION AND NATURALIZATION

REPORT
OF THE

COMMITTEE ON THE JUDICIARY UNITED STATES SENATE


MADE BY ITS

SUBCOMMITTEE ON IMMIGRATION AND NATURALIZATION


PURSUANT TO

S. Res. 60
88TH CONGRESS, 1ST SESSION, AS EXTENDED

MARCH 3 (legislative day, FEBRUARY 26), 1964.Ordered to be printed


U.S. GOVERNMENT PRINTING OFFICE W40S WASHINGTON : 1964

PUBLIC LAW7^-7^-

-**'

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COMMITTEE ON THE JUDICIARY


JAMES O. EASTLAND, MlMtarippl. CMntM OLIN l>. JOHNSTON, South Carolina EVERETT McKINLEY DIRKSEN. HllnoH JOHN L. McCLELLAN, Arkansai ROMAN L. HRCSKA, Nebnika SAM J. ERVIN, JB., NortL Carolina KENNETH B. KEATING, New York THOMAS J. DODD, Connectlcat HIRAM L. FONO, Htwmli PHILIP A. HART, Michigan HUGH SCOTT, Pennsylvania EDWARD V. LON9, MlMOori EDWARD M. KENNEDY, Mamehuwttl BIRCH BAYH, Indiana QUENTIN N. BVRDICK, North DakoU

IllHIO&ATION AND NATURALIZATION

SUBCOMMITTEE

JAMES O. EA8TLAND, Mljafcdppl, CMrmm OLIN D. JOHNSTON, South Carolina EVERETT McKINLEY DIRK8XN, Dllncta JOHN L. McCLELLAN, Arkanau KENNETH B. KEATING, New York BAM J. ERVIN, Jr, North Carolina HIRAM L. FONO, Hawaii EDWARD M. KENNEDY, MiMaehoiettl

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88TH CONGRESS

SENATE

RZPOBT

U Station

No. 933

IMMIGRATION AND NATUR oIZATION

MARCH 3 (legislative day, FEBRUARY 2fi), 1964.Ordered to be printed

Mr. EAST-LAND, from the Committee on the Judiciary, submitted the following

REPORT
[Pursuant to S. Res. 60, 88th Cong., 1st seas., as extended] I. INTRODUCTION

Senate Resolution 60 of the 1st session of the 88th Congress, agreed to on March 14,1963, provided as follows: Resolved, That the Committee on the Judiciary, or any duly authorized subcommittee thereof, is authorized under sections 134 (a) and 136 of the Legislative Reorganization Act of 1946, as amended, and in accordance with its jurisdictions specified by rule XXV of the Standing Pules of the Senate to examine, investigate, and make a complete study of any and all matters pertaining to immigration and naturalization. SEC. 2. For the purposes of this resolution the committee, from March 1, 1963, to January 31, 1964, inclusive, is authorized (1) to make such expenditures as it deems advisable; (2) to employ upon a temporary basis, technical, clerical, and other assistants and consultants: Provided, That the minority is authorized to select one person for appointment, and the person so selected shall be appointed and his compensation shall be so fixed that his gross rate shall not be less by more than $1,400 than the highest gross rate paid to any other employee; and (3) with the prior consent of the heads of the departments or agencies concerned, and the Committee on Rules and Administration, to utilize the reimbursable services, information, facilities, and personnel of any of the departments or agencies of the Government. SEC. 3. The committee shall report its findings, together with it* recommendations for legislation as it deems advic-

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able., to the Senate at the earliest practicable date, but not later than January 31, 1964. SEC. 4. Expenses of the committee, under this resolution, which shall not exceed $124,200, shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee. This report is submitted in accordance with the provisions of section 3 of Senate Resolution 60, to indicate the accomplishments of the standing Subcommittee on Immigration and Naturalization of the Committee on the Judiciary.
II. WORK AND WOBKLOAD OF THE SUBCOMMITTEE

The Subcommittee on Immigration and Naturalization has functioned as a standing subcommittee of the Committee on the Judiciary since the beginning of the 80th Congress, which was the first Congress operating under the Legislative Reorganization Act, and since its inception the workload of the subcommittee has been substantial and has increased during the succeeding sessions. The continuing heavy workload of the subcommittee may be attributed to the large number of private immigration bills and adjustment-of-status cases vyhich are referred to the subcommittee; the numerous general inunigrs.tion and nationality bills referred to the subcommittee for action; the large number of cases referred to the subcommittee in which the A tiorney General has exercised his discretionary authority to waive certain provisions of the Immigration and Nationality Act which are required to be submitted to the Congress; the many cases referred to the subcommittee in which the Attorney General has exercised his special authority to parole into the United States certain refugeeescapees and hi connection with which he must submit a detailed report hi each case to the Congress; the large number of cases in which the Attorney General has approved petitions granting first preference status under the quotas to certain skilled workers and specialists and in which cases he must submit individual reports to the Congress: and the innumerable routine items relating to immigration problems. There follows a more detailed description of the nature of the work of the subcommittee during the 1st session of the 88th Congress. /. Prvtate immigration and naturalization bUU The number of private immigration and naturalization bills referred by the Senate to the subcommittee continues to be large. During the 1st session of the 88th Congress, there were referred to the subcommittee 672 such bills. Of tBe 672 private immigration and naturalization bills received by the subcommittee during the 1st session of the 88th Congress 260 were disposed of, 179 of which were reported favorably to the Senate by the full Judiciary Committee, and 81 were indefinitely postponed. The remaining 413 were pending before the subcommittee at the time of the adjournment of the 1st session of the 88th Congress. TV majority of the 413 private bills which were not acted on were ^ae on which the necessary departmental reports or supporting information from the sponsor were not received prior to the time or the close of the 1st session of the 88th Congress. Many private bills are indefinitely postponed because the committee has a general policy of disapproving private bill* in cases in which an

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administrative remedy appears to be available. In Ibis type of case, the staff assists the sponsoring Senator's office in working out the administrative remedy for the alien involved.
X. General immigration and naturalization bills

There were referred to the subcommittee 1C general immigration and naturalization bills during the 1st session of the 88th Congress. In addition to a consideration of the new general immigration and naturalization bills referred -to the subcommittee in each session of the Congress, the staff of the subcommittee continually observes the operations of the Immigration and Nationality Act (Public Law 414, b^d Cong.) which became effective on December 24, 1952, and the amendatory laws thereto, in order to assure fair and effective interpretation and administration of that act. Considerable work hours of the staff have been and will continue to be utilized in conference with the administrative and enforcement officials of the executive branch, in research, and in the study of rules and regulations and administrative interpretations. It is necessary for the subcommittee staff to maintain continuous liaison with the various branches of the executive departments concerned with the administration of the immigration and nationality laws, and it is expected that numerous informal sessions and conferences will be held, as in the past, between members of the staff and officials of the Visa Office ana the Passport Office of the Department of State, the Immigration and Naturalization Service, and the Board of Immigration Appeals concerning administrative problems in the enforcement of the Immigration and Nationality Act and other immigration and nationality laws. Members of the staff of the subcommittee consult daily with other senatorial staff members in connection with problems arising under the act. The heavy workload of the subcommittee during the 1st session of tue 88th Congress may be attributed, in part, to the continuing widespread interest in the administration and operation of the Immigration and Nationality Act and the many bills to revise it. The subcommittee staff was required to devote substantial amounts of time in conferences and consultations with U.S. Senators, their assistants, personnel in tue executive departments, representatives of nongovernmental voluntary agencies engaged in immigration and naturauzatipu activities, bar associations, officers of commercial and industrial enterprises affected by provisions of the act and its implementing regulations, and interested members of the general public. The numerous general immigration bills referred to the subcommittee in the 1st session of the 88th Congress presented for its consideration various problems which had arisen in connection with the administration of the Immigration and Nationality Act and other immigration and nationality laws. The problems involved in those legislative proposals, as well as the many other special situations brought to the attention of the subcommittee, were considered by the subcommittee after examining the facts and circumstances surrounding each particular proposal. Public hearings were held on January 13 and 14, 1964, on the bill S. 1932, to amend the Immigration and Nationality Act, and for other purposes. Congressional sponsors of the proposed legislation ap-

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peared as witnesses at the hearings, and in addition, numerous statements were received for the recoid from other Members of the Congress who are sponsors of the bill in lieu of personal appearances. The hearings were recessed subject to the call of the subcommittee chairman, and in view of the current widespread interest in immigration problems and the anticipated legislative proposals to be referred to the subcommittee, it is anticipated the subcommittee will be called upon to hold further hearings on general immigration matters during the 2d session of the 88th Congress.
S. Referral cases involving discretionary action of Attorney General

There are numerous instances under the immigration laws where the Attorney General is granted discretionary authority to waive certain provisions of the law, but in such cases he is required to submit detailed reports to the Congress of his action. Under section 212(d)(6) of the Immigration and Nationality Act, he is required to report to the Congress certain cases in which he authorizes the temporary admission of aliens who are otherwise subject to exclusion. Section 212(a)(28)(i) of the Immigration and Nationality Act authorizes the Attorney General to admit certain aliens to the United States for permanent residence who are otherwise subject to exclusion because of their former membership in the Communist Party or other subversive organization if it is established to his satisfaction that they are bona fide defectors. The Attorney General must submit a detailed report to the Congress in each such case. During the 1st session of the S8th Congress, there were submitted 4,500 cases under the above provisions of law. All reports of the orders issued by the Attorney General are referred to the subcommittee, where they are carefully checked to see that the discretionary action is being exercised in conformity with the intent of the Congress. 4- Referral items and correspondence The subcommittee has an extensive workload of referral items from Senators' offices and correspondence which cannot be statistically appraised but which necessitates considerable hours of work by the staff.
5. AdjiiNtmcnt-of-xtatus cases

Under the immigration laws, the Attorney General is empowered to adjust the status of certain deportuble aliens to that of aliens lawfully admitted for permanent residence through the procedure of suspension of deportation, but such adjustment of status is subject to affirmative congressional approval in certain categories of cases. In addition, under the provisions of section l.'J of the act of September 11, HKJ7 (Public Law 85-310), the Attorney General is authorized to adjust the immigration status of certain aliens who entered tho United States in a diplomatic or scmidiplomutic status as officers or employees of a foreign government or certain international organizations and who have failed to maintain their official status. The number of aliens who may be granted the status of an alien lawfully admitted for permanent residence under the provision is limited to 50 in any fiscal year.

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While the cases involving suspension of deportation by the Attorney General or section 13 of the act of September 11, 1957, are submitted to the Congress for approval in groups, each individual case is the equivalent of a private bill. Each such case requires separate investigation in the subcommittee, an appraisal of the facts involved, and a determination on the merits regarding the grant of suspension of deportation or adjustment of status. In those cases where affirmative approval or disapproval is required, written reports are filed with the full committee. At the beginning of the 1st session of the 88th Congress, there were pending in the subcommittee 15 cases involving the adjustment of the status of deportable aliens under the suspension-of-deportation procedure. To that number of pending cases were added 936 additional cases submitted during the 1st session of the 38th Congress, making a total of 951 cases. Of the total number of cases pending before the subcommittee during the 1st session of the 88th Congress, 15 were approved, 3 were withdrawn by the Attorney General, 1 case was not approved, leaving 932 cases "in process" at the time of the close of the 1st session of the 88th Congress. At the beginning of the 1st session of the 88th Congress, there were pending in the subcommittee 38 cases of adjustment of status under section 13(c) of the act of September 11, 1957 (Public Law 85-316). To that number were added 28 additional cases, making a total of 66 cases submitted. Of the total number of cases referred, 38 were approved and there were 28 cases pending at the time of the close of the 1st session of the 88th Congress. 6. Paroled refugees and escapees Under the provisions of the act of July 14,1960 (Public Law 86-648), as amended, the Attorney General, under the terms of the discretionary parole authority granted to him by section 212(d)(5) of the Immigration and Nationality Act, is authorized to parole into the United States certain alien refugee-escapees. He may parole such refugee-escapees who are under the mandate of the United Nations High Commissioner for Refugees in a number not to exceed 25 percent of the total number of any such similar refugees resettled during stated periods of time, in countries other than the United States. The Attorney General is required to submit to the Congress on or before January 15 and June 15 of each year a complete and detailed statement of facts in the case of each alien paroled into the United States. There were referred to the subcommittee in the 1st session of the 88th Congress 3,570 cases hi which the Attorney General paroled refugee-escapees into the United States. 7. First-prfferencf caw* Under the provisions of section 203(a)(l) of the Immigration and Nationality Act, not to exceed 50 percent of the quota of each quota area is made available for the issuance of immigrant visas to aliens who possess special skills or knowledge who have been determined by the Attorney General to be urgently needed in the United States upon the basis of a petition filed by a sponsoring institution, firm, corporation, or governmental agency. The petition procedure for

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granting such first-preference status to aliens and their spouses who are accompanying or following to join them is contained in section 204 of that act. Section 3 of the act of October 24, 1962 (Public Law 87885), added A new requirement that the Attorney General shall forward to the Congress on the 1st and 15th day of each calendar month in which Congress is in session a complete report in each case in which a petition for first-preference status is approved. Tn the 1st session of the 88th Congress, there were referred to the subcommittee 4,787 reports in cases where the Attorney General had approved first-preference petitions.

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