Chairman MCCARRAN. Are there any questions from any members of the joint committee? We are very grateful to you for coming here, and we hope that you, or a representative of your organization, may be present at the hearings as we go along, and that you may give us the benefit of your thoughts on this subject. Mr. FOSTER. Thank you. We will be glad to avail ourselves of that. Chairman MCCARRAN. The American Legion is represented by Mr. C. H. Olson. STATEMENT OF C. H. OLSON, ASSISTANT DIRECTOR, NATIONAL LEGISLATIVE COMMISSION, THE AMERICAN LEGION Mr. OLSON. I am C. H. Olson, assistant director of the American Legion's national legislative commission, and we have three men with us today and I would like to take this opportunity to introduce them to you, without remarks at this time. The unpaid national chairman of our Americanism commission Mr. A. Luke Crispe, of Brattleboro, Vt.; and our director of the national Americanism commission, Mr. Willand, of the Indianapolis headquarters. Before introducing Mr. Miller, sir, I would like to say that the American Legion comes here today because of our realization of the importance of this measure, because of the long-standing policy o the American Legion, and five specific resolutions which were adopted at the Los Angeles convention. They are appended to the report or to the prepared statement, of Mr. Miller, which was delivered to your committee yesterday. I believe if anyone could be classed as an expert in matters of thi kind, beyond the confines of your own committee, sir, that Mr. Miller because of the experience he had as Commissioner of Immigration and Naturalization, is an expert. Now, sir, I recommend that you call him as your first witness. STATEMENT OF WATSON B. MILLER, REPRESENTING THE Mr. MILLER. I think I should say that whatever I have learned have learned in this atmosphere. Chairman MCCARRAN. All right, Mr. Miller. You learned it un der some tough circumstances, too, did you not? Mr. MILLER. I acknowledge that, Mr. Chairman, but I wouldn' have given up the experience for anything in the world. Representative WALTER. I notice you came here with an escort. Mr. MILLER. Yes, sir; I thought that I could perhaps depend upo my friends on the other side of the table as an escort if I really go into trouble, which I don't anticipate, and I have asked Senato Ferguson if he wouldn't support me in suggesting that I decline t answer for fear it would tend to incriminate and degrade my intelli gence and knowledge. Mr. Chairman and gentlemen, thank you for permitting me t come before you as a representative of the national commander o the American Legion. This is not an unfamiliar atmosphere to me. I continue to be grateful for your understanding and kindness during the decade when I was an official of Government. Before that service I was close to the Congress and to many of the executive branches for 20 years. Through that period I acquired respect for this body and for the administrative components of our Government. That feeling was deepened during the time I was of Government. It still persists. Perplexities and misunderstandings inevitably arise in such a vast and complicated structure. That may be true sometimes as we regard our religion but in 2,000 years no human mind has produced a satisfactory substitute, and no human ingenuity has brought forth a political formula which measures up to the democracy we cherish. Thus I look back with pride and modest satisfaction to my active share in the operations of several segments of Government. I recall my fine associates with affection. I am properly proud to be here with you-the Members of a very great legislative body-in this chamber today. If you agree, Mr. Chairman, I wish at the outset to address you as to four or five resolutions bearing upon the subjects embodied in S. 716, as adopted by the American Legion in its thirty-second annual national convention held in Los Angeles last October. Happily for us, you, Mr. Chairman, participated in that great meeting of Legionnaires. Later in the course of these hearings should you require any observations from me as a former official working in the fields covered by this excellent proposed legislation I shall be glad to try to help. I had some share, together with gentlemen of the Departments of State and Justice and your own technical staffs, in aiding in the formulation of certain purely drafting language some of which has emerged in this measure, and I am acquainted with the meticulous, detailed and even tremendous work involved in the studies and investigations here, abroad, and in the far reaches of our own country which have eventuated in the composition which is under examination at this table. My Legion associates here today and I are proceeding with our study of this monumental measure together with the two similar House bills of Mr. Celler and Mr. Walter. In a preliminary sense we are impressed with the clarity and completness of the bill, Mr. Chairman, and we have long felt the need for bringing up to date through modernization, codification, repealing clauses and amendments, and the like, the Nation's legislative injunctions as to immigration and naturalization. I shall have a few further remarks as to the bill at the end of my testimony today. The first Legion resolution, No. 710, I shall discuss with your permission, as composed last year, sought the inclusion of veterans of World War II in section 406 of the present immigration laws, along with Spanish War and World War I naturalized veterans, as exceptions to the loss of citizenship because of residence in other countries. This you propose to accomplish in section 354, page 257, of the bill. This provision should certainly be retroactive. I think the provision should certainly be extended to cover residence in foreign countries other than those of which the veteran was a former national or in which his place of birth is situated as in section 404 (c), subject to the exemptions in 406 (h) of the present laws. Veterans living in any foreign country for 5 years or more should, I think, be included in your section 354 as now in section 406 (h). Another resolution, No. 149, emanating from the last national convention of the American Legion expressed strongly the thought that legislation should be enacted and the necessary money be provided to effect more adequate regulation of the conduct and activities of all aliens, there being reason to believe that nonconformance by many aliens amounts to flagrant offense to our national security. I think we can perceive that the intent of this resolution is substantially served in certain provisions of the Internal Security Act of 1950. My own experience is that the vast majority of the nonimmigrant aliens who are with us in temporary status do observe their obligations as guests. Like red in the spectrum band, it is the minority which does not conform whose actions come to light, causing many of our people to think that bad behavior is the rule rather than the exception. These relatively few must be closely checked wherever possible and action taken. I do think that if this phase of the job is to be well done, and without offense to those who appreciate us as their host, more money will have to be appropriated. The Immigration and Naturalization Service now has an adequate system in vogue for nonimmigrant control, but, during my tenure, had insufficient funds to make it work to its maximum possibilities. I hope the Congress may see fit to examine this problem as international travel may increase. It does vex many segments of our people. Resolution No. 64 asks that legislation be enacted which would permit noncitizen veterans honorably discharged from our Armed Forces, who have served in time of war, and who may reside in friendly countries and who have been or may be inducted or honorably discharged within the territorial limits of the United States, together with their spouses and minor children, to reenter the United States for permanent residence without regard to quota restrictions. We ask that this proposal be considered by the committee and embodied in the pending measure. Resolution No. 471 sets out that information has been received to the effect that several thousand American-born Japanese who have renounced their citizenship will have it fully restored. It was considered by the Legion that these persons are not of proper caliber for American citizenship. We feel that we cannot at the moment present this matter factually to the Congress. We do know, of course, that the courts of the United States have held that minor Japanese citizens renunciants acting under some implications of duress did not have the capacity to so renounce. The whole matter is receiving further examination by the American Legion. Resolution No. 361 asks that aliens convicted of subversive acts in contravention of our criminal laws, which are the bases for deportation, but cannot be deported be placed under the supervision of the Attorney General. This resolution, as the others, was developed before the Internal Security Act of 1950 became law. This act and our regular criminal statutes would seem to be adequate. The resolution is here discussed to demonstrate the interest and the thinking of the Legion as to these considerations which more and more engage the attention of the Congress and of our general citizenry. Mr. Chairman, will the committee please let me depart momentarily to mention a measure now pending in the House. It is Chairman Walter's H. R. 401. This is an emergency measure which I think should not be a part of general substantive legislation designed for the long run. H. R. 401 seeks to naturalize aliens in the Armed Forces in the emergency as was accomplished under old sections 701 and 702 for those of World War II. These special statutes expired in late 1946, I believe. We hope that the action suggested by Mr. Walter's bill may become law. We realize, of course, that the committee has carried forward the provisions of old section 324 (A) setting up an expeditious method of naturalizing those who served in the two World Wars in section 329 (p. 206) of your bill. This is long-run legislation. Mr. Chairman, Senate bill 716 has not been canvassed by any American Legion body vested with the responsibility of studying and speaking as to matters involving legislation of national scope, except as pertaining to the resolutions which I have presented. However, it is my opinion that if and when such an opportunity should come about, the Legion, because of its experience with, and deep interest in, the vital matters touched by this measure, will in a broad sense accord its support as it did in relation to the security bill enacted last fall. National Commander Erle Cocke, Jr., is known to many of you gentlemen. I take it that all of you know of his unusual and magnificent record in war. He wanted to be here today but he is now en route to Korea. Before departing he made inquiry of us as to this pending measure and some of its provisions were amplified for him. Chairman Crispe, who has been presented here by Colonel Olson, is also of the belief that certainly at this state of the hearings the bill should be supported. Our study so far affords us many reasons for this view. The gentlemen with whom I came today, as you have been informed, are officials of the American Legion working in this field. This com mission studies and works in several phases of our country's interest and welfare. One of these is as to subversive activities. It has a fulltime staff working in this field. Here in Washington it has the most complete library, bibliography, and types of authentic and proven facts as to many subversive and potentially subversive organizations and individuals I have ever seen. We have placed all this at the command of my former associates of the Immigration and Naturalization Service. We should like also Mr. Arens and Mr. Besterman to take a look at what we have. I believe that Mr. Crispe desires to express his thought to the committee, and particularly Mr. Willand, and I will conclude in a very few moments, I hope. In section 101 beginning with paragraph 15 the definitions as to several classes of nonimmigrants the words "which he has no intention of abandoning" appears. This presents a problem, without doubt. Many students, visitors and the like come to us with no intention of abandoning their residence. Some come cherishing a hope that they may be permitted somehow to remain with us, and others, seeing how we live in our democracy, become possessed of poignant desires to remain here. Difficulties in departing arise as has been recognized in section 4 of the Displaced Persons Act. "Intention" is difficult of conclusive explorations in most cases because of absence of collateral facts. International amity may be an element for consideration. I doubt that the words are pertinent, even though the applicant makes such certifications as part of his application for his visa. Whether or not he is temporarily here and despite what his internal reactions may have been or may later be, he acquired no rights to permanency of residence other than those which may be extended by our laws. There will be much discussion on this head. I do not doubt that reach a wise, just and workable conclusion. you will We think it is proper and equitable in section 101, paragraph 26 (A) to remove the existing inequity as nonquota immigrants as to husbands of American citizens and also to remove students from the nonquota category to the nonimmigrant group. It appears also that ineligibility to citizenship on racial grounds is repealed. I recall that I once appeared before the Committee on the Judiciary of the House in this behalf, speaking for the Judd bill at the instance of Attorney General Tom Clark. I assume that Mr. McGrath is like-minded. It is noted that the exemptions granted by the present law to foreign government officials and delegates to international organizations, section 3 (1) and 3 (7) of the 1924 act, are not carried in the bill as now appears in section 15 of the 1924 act, and also permission of the Secretary of State as to requiring departure of such persons. I regret that experience has demonstrated in some cases that curtailment of exemptions is desirable. Reasonable curtailment provided in the statute should not give offense to official delegates or employees of compatible character and intent or to their governments. In this connection I have thought that some of the provisions of the United Nations headquarters agreement tend to contradict one another. This is Public Law 357, Eightieth Congress. Please let me respectfully suggest that the requirement that the Commissioner shall be a native-born citizen of the United States, section 103 (c), page 24, may not be quite in line with American precepts. Does American birth necessarily vest one with the loyalty, patriotism, and intelligence, the intrinsic requirements of that important office? After all, the Executive and the Senate control such appointments. Would you not consider avoiding the giving of unnecessary offense by statutory implication? I have not the competence to comment on section 104 which provides for establishing in the Department of State a Bureau of Passports, Visas, Security and Consular Affairs. Coming to the end of title I, I encounter section 106 under the heading, "Finality of administrative. decisions; judicial." I asked for a copy of H. R. 2816 on last Friday only. On looking over Mr. Celler's bill, I note that the section is omitted. Here again I am unable to offer anything approaching the profound. I recall that when I was in the Federal Security Agency I raised some opposition to the Administrative Procedures Act in writing. Mr. Walter took excellent care of my arguments. At the end of these exchanges I concluded that administrative determination of judicial aspect should not be immune from judicial review, no matter how painstaking and conscientious the decisions, providing the court procedure involved would still permit the agency activity to work with the required expedition within its money and manpower grants. This is in the nature of an apology, Mr. Walter. Even when Justice Jackson held that the Immigration and Naturalization Service was subject to the Procedure Act, I did not depart from that view, though it was apparent that it would greatly slow down the work. I do take the liberty of saying that we should not 1 Sung v. McGrath, 339 U. S. 33. |