The files of the Immigration and Naturalization Service of this Department disclose that the alien is a native and citizen of Spain, having been born in that country on February 5, 1912. He entered the United States at New Orleans, La., on July 20, 1944, under waiver of the alien contract labor laws with 75 other Basque shepherds under blanket bond in the sum of $5,000, for the specific purpose of working as a sheep herder. He was destined to the Nevada Range Sheep Owners Association at Minden, Nev. The record indicates that the alien is not a skilled sheep herder, but is a blacksmith and farm machinery repairman. He has not worked as a sheep herder since his arrival in this country, except for 2 days in May of 1947, at which time he was found to be unsuited for such occupation. Having failed to comply with the conditions of his admission, he was granted until November 15, 1947, to depart from the United States. Proceedings leading to his enforced departure, however, have been deferred pending action on this bill. He is unable to adjust his immigration status to that of a permanent resident because the Quota for Spain is greatly oversubscribed, and a visa is not readily obtainable.

The files further show that the alien is single and has no relatives in this country. He has been continuously employed since his arrival at Minden, Nev., and is said to be faithful in the discharge of his duties as a blacksmith and mechanic. His employer has stated that he has been unable to find anyone to replace him. There is nothing in the record to indicate that the alien is not a person of good moral character.

Whether the bill should be enacted 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.

Senator Pat McCarran, the sponsor of the bill, submitted the below quoted letter with reference to Mr. Babace:

COMMITTEE ON THE JUDICIARY,

United States Senate, Washington 25, D. C.

UNITED STATES SENATE,

January 6, 1948.

SIRS: In response to Subcommittee Chairman Revercomb's letter of December 29, propounding questions in connection with my bill S. 1872, the following is in answer thereto:

1. The beneficiary of this legislation, Jose Babace (Irigoyen), entered this country legally, in 1944, as a contract laborer for the purpose of sheepherding. 2. His present activities are confined to employment on the H. F. Dangberg Ranch at Minden, Nev.

3. He is presently earning his living as a ranch blacksmith in the sheep operations of his employer on the above-mentioned ranch.

4. This party is not now engaged, nor has he ever been engaged in activities political or otherwise, injurious to the American public interest.

5. He has never been convicted of an offense under any Federal or State Law. I trust the foregoing will cover the matter. However, if the committee is desirous of obtaining further information, I shall be happy to provide same. Kindest regards.

Sincerely,

PAT MCCARRAN.

The committee, after consideration of all the facts in the case, is of the opinion that the bill (S. 1872) should be enacted and it therefore accordingly so recommends its enactment. O

Mr. WILEY, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 1973

The Committee on the Judiciary, to whom was referred the bill (S. 1973) for the relief of certain Basque aliens, having considered the same, do now report the bill favorably to the Senate with amendments, and recommend that the bill as amended do pass.

AMENDMENTS

1. On page 2, in line 13, strike out the word "Vizcar" and insert in lieu thereof the word "Viscay".

2. On page 2, in line 13, strike out the word "Recaide" and insert in lieu thereof the word "Recalde".

3. On page 2, in line 21, strike out the period and insert in lieu thereof the following:

: Provided, That if the Attorney General finds that Cipriano Aznarren Udi is otherwise entitled to the benefits of this Act, he is authorized and directed to accord him such benefits, notwithstanding the provisions of section 3 of the Imigration Act of 1917, insofar as it relates to illiteracy

PURPOSE OF THE BILL

The bill provides for the status of permanent residence to be granted to 48 aliens who were, pursuant to law, brought into the United States by the Nevada Range Sheep Owners Association as sheep herders.

STATEMENT OF FACTS

The below quoted letter was received by the chairman of the Senate Committee on the Judiciary from the Assistant to the Attorney General, dated June 5, 1948:

OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL,

Hon. ALEXANDER WILEY,

Chairman, Committee on the Judiciary,

DEPARTMENT OF JUSTICE,

Washington, June 5, 1948.

United States Senate, Washington, D. C.

MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 1973) for the relief of certain Basque aliens. The bill would authorize and direct the Attorney General to record the lawful admission for permanent residence of the 48 aliens named in the bill as of the respective dates of their lawful temporary entry into the United States in 1944, if they are found to be admissible under the provisions of the immigration laws other than those relating to quotas. The bill would also provide that the Secretary of State shall instruct the proper quota-control officer to deduct one number for each alien named therein from the quota of the appropriate country for the first year that such quota is available.

The 48 aliens named in the bill were imported into the United States by the Nevada Rang Sheep Owners Association as sheep herders. The members of this association raise sheep in Nevada, California, Utah, Idaho, Washington, and Oregon. These Basque aliens are natives and citizens of Spain, ranging from 30 to 44 years of age. They were admitted to the United States in June and July of 1944 at New Orleans, La., for a temporary period to expire October 14, 1944. They have been granted various extensions of stay, but it appears that they are not eligible for further extensions becaue they desire to remain in the United States permanently.

It appears from the files of this Department that all of the aliens named in the bill, except Esteben Erro Inda, are veterans of the Spanish Army, having served one or more periods in such Army prior to December 1939. There is nothing in the files to indicate that they are not persons of good moral character, or that they have engaged in activities, political or otherwise, injurious to the American interests. They are all single except Jose Moulian Mendia who was recently married to a citizen of the United States, and he has not been engaged in sheep herding for several months. He has stated that he does not intend to return to such work. Inasmuch as the purpose of the bill is to retain the services of these aliens as sheep herders, there does not appear to be any reason to include his name in the bill.

According to the statements of their employers, all of the single aliens named in the bill except Esteben Erro Inda are satisfactorily performing their duties as sheep herders. He, however, has not worked for one employer more than a year. but has been released by several employers because he does not follow instructions, and has lost a number of their sheep. Since it does not appear that he is well qualified for sheep herding, it is recommended that his name be stricken from the bill.

One of the aliens named in the bill, Cipriano Aznarren Udi, has been found to to be illiterate, and would therefore be inadmissible under section 3 of the Immigration Act of 1917. His employer has stated that he is one of the best sheep herders he has ever employed, and that he believes that he will continue in such employment if he is permitted to remain permanently in the United States. If the committee is favorably disposed toward him, it is suggested that the bill be amended in such a way that his illiteracy will not bar him from admission to permanent residence.

The sheep-raising industry is stated to be in dire need of experienced and reliable sheep herders. It appears that the hardships of the occupation have made it unattractive to new recruits in this country. It was for this reason that these aliens were imported. In order to prevent them from abandoning the occupation as others have done, thus placing the industry in the same position it was in before they were brought to this country, it is believed that some provision should be made requiring them to maintain their employment in the industry for a given period of time before granting them the status of lawfully admitted permanent residents. Under such a provision, they would be amenable to deportation if they abandon their employment in the sheep industry and take up other employment within the time specified. It is suggested, therefore, that the bill be amended to read as follows:

"That in the administration of the immigration and naturalization laws, the Attorney General be, and he is hereby, authorized and directed to permit Jose Saturnino Algarra de Carlos, Domingo Asiain Hualde, Patricio Asiain Hualde, Cipriano Aznarren Udi, Gracian Azparren Gazcue, Pedro Aspiroz Echechuri,

Anastasio Barbarena Elizegaray, Melchor Burusco Domench, Pedro C. Cemborain Garmendia, Angel Dufur Iturri, Bernardo Dufur Iturri, Primitivo Egozcue Seminario, Modesto Elgorriaga Exposito, Felipe Errea Huarte, Ambrosio Esnoz Recalde, Lino Goicoa Arozerena, Alberto Ibarregui Iriberri, Pablo Inda Sagardoy, Felipe Itturri Castilla, Francisco Jorajuria Andiaarena, Joaquin Juanarena Dufur, Francisco Larrea Ibarrola, Manuel Lecumberri Barber, Silvestro Martinex Exposito, Serpio Mendiguia Lerumbe, Jose Narvarez Berendiain, Antonio B. Nuin Exposito, Jose Ochandorena Petricorena, Jose M. Ochandorena Petricorena, Primitivo Olondriz Echeverria, Mateo Pedroarena Barberena, Leandro Urrutia Villanueva, Pedro Valecia Llorente, Prisco Villanueva Montoya, Marcelino Villanueva Urrutia, Salvador Viscay Oroz, Demetrio Zubiri Uriz, Pedro Martin Recalde Iribarren, Celestino Arozarena Elizagaray, Jose Betelu Zubiriaga, Dionisio Betelu Zubiriaga, Fermin Jorajuria Andiaarena, Tomas Iriarte Lerindegui, Miguel Redin Equiza, Miguel Inda Juandeaburre, and Jose Zubiri Coni to reside in the United States as temporary visitors for a period of five years from the date of enactment hereof, provided they remain employed in the sheep industry. If any of the above-named aliens fails to maintain his occupation in the sheep industry at any time within five years after the date of enactment hereof, he shall be deemed to have remained in the United States for a longer time than permitted and shall be subject to deportation as provided in sections 19 and 20 of the Immigration Act of February 5, 1917, as amended.

"If. at the expiration of five years from the date of enactment hereof, the Attorney General shall, after due investigation, find that any of the above-named aliens has maintained an employment in the sheep industry during the entire five year period, he is hereby authorized and directed to record such alien's lawful admission for permanent residence as of the date of his lawful temporary entry into the United States in 1944, if he is otherwise found to be admissible under the provisions of the immigration laws other than those relating to quotas. The Attorney General shall communicate his findings to the Secretary of State, who shall thereupon instruct the proper quota-control officer to deduct one number for each alien so lawfully admitted for permanent residence from the quota of Spain for the first year that said quota is available: Provided, That if the Attorney General finds that Cipriano Aznarren Udi is otherwise entitled to the benefits of this Act, he is authorized and directed to accord him such benefits, notwithstanding the provisions of section 3 of the Immigration Act of 1917, insofar as it relates to illiteracy.'

The proposed amended bill omits the names of Esteban Erro Inda and Jose Moulian Menda for the reasons stated above, and contains the correct spelling of Jose Saturnio Algarra de Carlos, and Salvador Viscay Oroz and Pedro Martin Recalde Iribarren.

Whether the bill amended form should be enacted 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.

There has been transmitted to the committee substantial documentary material to the effect that the character of each of the 48 aliens is good, and that 47 of the aliens are urgently needed in the sheep-raising industry. Although, as appears in the above quoted letter from the office of the Assistant to the Attorney General, one of the aliens, Jose Moulian Mendia, is not presently engaged in sheep herding, he is married to an American citizen and is employed in an agricultural pursuit.

It is the opinion of the committee that the bill (S. 1973) should not be amended as suggested in the above quoted letter from the office of the Assistant to the Attorney General for the reason that it would be an unsound policy to condition the stay of these aliens in the United States on their continued employment in a designated industry.

The committee, after consideration of all the facts in the case, is of the opinion that the bill (S 1973) as amended should be enacted and it therefore accordingly so recommends its enactment.