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Hon. PAT MCCARRAN,

OFFICE OF THE DEPUTY ATTORNEY GENERAL,

Chairman, Committee on the Judiciary,

DEPARTMENT OF JUSTICE,

Washington, July 2, 1952.

United States Senate, Washington, D. C.

MY DEAR SENATOR: This is in response to your request for the views of the Department of Justice relative to the bill (S. 2052) for the relief of Horst F. W. Dittmar and Heinz-Erik Dittmar, aliens. The bill would grant them permanent residence in the United States.

There is attached a memorandum prepared by the Immigration and Naturalization Service of this Department setting forth the facts in the case.

The record fails to present considerations sufficient to justify the enactment of special legislation granting these aliens a preference over the many aliens abroad who are awaiting their regular turns for the issuance of immigration visas, Accordingly, the Department of Justice is unable to recommend enactment of the bill.

Sincerely,

A. DEVITT VANECH,
Deputy Attorney General.

MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE HORST F. W. DITTMAR AND HEINZ-ERIK DITTMAR, BENEFICIARIES OF S. 2052

The above-named aliens are brothers, natives of Java, Netherlands East Indies, who were born on January 6, 1924 and August 31, 1925, respectively, Horst Dittmar claims he is now stateless. Heinz Dittmar is a national of Ger many.

Coming from India, Horst Dittmar arrived in the United States at San Fran cisco, Calif., on September 20, 1946, when he was admitted as a visitor for a period of 1 year, under a $500 departure bond. At the time of his entry he was accom panied by his father, Frederich Jacob Dittmar, who was also admitted as a visita for 1 year. Horst Dittmar testified that at the time he secured his visitor! visa in India and at the time he arrived in the United States, it was his intention to remain here permanently. He made application for an extension of temporary stay which was denied as he expressed an intention of remaining permanently in the United States. Subsequently, he applied for adjustment of his statu under section 4 of the Displaced Persons Act of 1948, as amended. His applica tion was denied because he did not enter the United States lawfully as require by the statute.

Coming from Japan, Heinz-Erik Dittmar arrived in the United States a Seattle, Wash., on October 28, 1946, accompanied by his mother. Ellen Dių mar. After a hearing before a board of special inquiry, both were admitted d October 31, 1946, as visitors until September 19, 1947, upon the posting of a $50 departure bond for each of them. At the board of special inquiry hearing Heinz-Erik Dittmar stated that at the time of his entry it was his intentio to remain in the United States and work. His father is an ordained minister ( the Seventh Day Adventist Church, with headquarters in Washington, D. C who worked for a number of years at the Netherlands East Indies Union Missio of Seventh Day Adventists in Java. At the board of special inquiry hearing father stated that, pursuant to an agreement with the mission board of his churc he and his family were to remain in the United States for 1 year only. after whic they were to depart.

Heinz-Erik Dittmar was granted an extension of stay until July 1, 1948. H application for a further extension was denied as he stated that he was takir steps to become a permanent resident of this country. During February 194 he applied for adjustment of his status under section 4 of the Displaced Persol Act of 1948, as amended. His application was denied since he was unable } establish his inability to return to Germany, the country of his nationalit because of persecution or fear of persecution on account of race, religion, political opinions.

The aliens' parents, after their admission as visitors in 1946, became permane residents of the United States by departing therefrom and securing immigrati visas with which they were admitted permanently at Nogales, Ariz., duri July 1948.

During 1950, the aliens' father appeared as a witness for his son, Heinz-Erik, in connection with the latter's application for adjustment of status as a displaced person residing in the United States. The father testified that he was born in Germany on June 8, 1884, and continued to reside in Germany until 1921. He further stated that he was educated in Germany and worked there as a minister of the Gospel for a period of 2 years; and that he was married in Germany on February 20, 1920. On October 8, 1921, he was sent as a missionary to Java, Netherands East Indies, where his 2 sons, Horst and Heinz, were born. He stated that e and his family continued to reside in Java for 20 years, during which time he carried on his missionary work. While residing in Java, he made 2 short trips to Germany in the years 1927 and 1934, accompanied by his wife and 2 children. All members of the family traveled on German passports.

The father also stated that he continued his missionary work in Java until May 10, 1940, when he and his son, Horst, were arrested by the Netherlands East Indies authorities and placed in a concentration camp, where they remained until August 16, 1946. His wife and son, Heinz-Erik, were not arrested, and they emained in Java until July 1941, when they left for Japan at his request. He tated that he and Horst were arrested and placed in the concentration camp cecause they were looked upon as German nationals and because of the existing tate of war between the Netherlands and Germany. He further testified that, after he and his son were released in August 1946, the Seventh Day Adventist Church headquarters in Washington, D. C., made arrangements for them to come to the United States for a limited period of time. After their arrival, arrangements were made by the church headquarters to bring his wife and son, Heinz-Erik, from Japan to the United States; that his wife traveled from Java to Japan on a German passport and that his son, Heinz-Erik, was included in that Dassport.

The aliens' parents presently reside in Jamestown, N. Dak., where their father s pastor of the Seventh Day Adventist Church. Heinz-Erik Dittmar has been a student at Madison College, Tennessee, since September 1950. He is not married, and he stated that he is supported by his father. Horst Dittmar is presently residing in San Francisco, where he is employed by a dental-supply company. He is not married and there is no one dependent upon him for support In this country.

The quota for the Netherlands, to which the aliens are chargeable, is oversubscribed, and immigration visas are not readily obtainable.

Senator William Langer, the author of the bill, has submitted a number of letters and petitions in support of the bill, among which are the following:

GENERAL CONFERENCE OF SEVENTH-DAY ADVENTISTS,
Washington 12, D. C., October 14, 1951.

To Whom It May Concern:
I have pleasure in submitting a statement with respect to Horst and Heinz
Erik Dittmar, who are the sons of Mr. and Mrs. F. J. Dittmar, who are desirous
of becoming citizens of the United States and continuing residence here.

I write as the general secretary of the mission board of the General Conference of Seventh-day Adventists, which organization is responsible for the operating of mission work in many, many lands throughout the world. It was under our direction that Mr. and Mrs. F. J. Dittmar were appointed to service in the Netherlands East Indies. They labored there for about 20 years prior to the outbreak of the Second World War. At the outbreak of the war their two boys were respectively 14 and 16 years of age, both having been born in Java.

At the time of the outbreak, Mr. Dittmar, being German, and the oldest boy, were arrested by the Dutch and placed in an internment camp, with the overunning of Indonesia by the Japanese. The Dutch removed their internes to India, and there the father and the son remained until they were released in 1946. Mrs. Dittmar and the younger son after the fall of Indonesia to the Japanese was aken by the Japanese back to Japan where they remained during the war.

At the close of the war, as the result of the earnest request of our mission board o the officials of British India, Mr. Dittmar and the older son were released to come to America. At that time I carried on the correspondence which led to their release which was so graciously granted by the officials and later entrance granted to this country by the United States officials. They came into this country, arriving in San Francisco on September 20, 1946.

Mr. Dittmar having arrived here, we then took up negotiations for Mrs. Dittmar and the younger son to come to this country, and our United States

officials were again gracious enough to give this matter sympathetic consideration and the way opened for the family to be reestablished here. She and Heinz, the younger son, arrived in Seattle on the Marine Falcon, November 1, 1946. I believe the Dittmars to be genuine, sincere, true Christian people, and will become honorable, worth-while citizens of the United States. I feel to commend them to whatever officials are working in their behalf, and trust that the way may open for this family to be integrated into the life of our country, for I believe that they will fully justify any high trust which may be placed in them. Respectfully submitted.

E. D. DICK, Secretary.

GENERAL CONFERENCE OF SEVENTH-DAY ADVENTISTS.
Washington 12, D. C., September 14, 1951.

To Whom It May Concern:

I wish to write concerning the two sons of F. J. Dittmar, Horst and Heinz, whose cases I believe are receiving consideration in connection with their application for citizenship.

The Dittmar family were appointed to missionary service in Indonesia, and were there from July 1922 until the time when hostilities began between Holland and Germany on May 10, 1940. At that time Pastor Dittmar and one son were taken into custody by the Dutch authorities, and later transferred to India. At the close of the war in an effort to rehabilitate the family, physically and otherwise, our organization took steps to have them come to America. Several of the missionary families who were in similar circumstances have been reassigned to overseas appointments. Pastor Dittmar has remained in this country and is in ministerial service in North Dakota.

At the time when the family were in Indonesia, I was in Singapore connected with our far eastern division, which administered our work in Indonesia. I have visited in their home many times and have become well acquainted with all the members of the family. I believe them all to be good people and worthy of every consideration to facilitate their remaining in this country as a family. I wish to support fully the present plan to open the way for Horst and Heinz to have American citizenship, for I have confidence they they are the type of young men who will be suitable citizens of our country.

Very respectfully yours,

W. P. BRADLEY, Associate Secretary.

Subscribed and sworn to before me this 18th day of September 1951.

My commission expires July 31, 1952.

M. STELLA FLEISHER,

Notary Public, District of Columbia.

The committee, after consideration of all the facts in the case, is of the opinion that the bill (S. 506) should be enacted.

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

following

REPORT

[To accompany S. 743]

The Committee on the Judiciary, to which was referred the bill S. 743) for the relief of George P. Khouri, having considered the same, eports favorably thereon without amendment and recommends that he bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to grant the status of permanent residence the United States to George P. Khouri. The bill provides for an ppropriate quota deduction and for the payment of the required isa fee.

STATEMENT OF FACTS

The beneficiary of the bill is a 28-year-old British subject who was orn in Lebanon. He is a resident of Jamaica, British West Indies, and has been in the United States for about 8 out of the last 10 years ttending school. He has received his bachelor of arts degree from Holy Cross College and his bachelor of law degree from Boston College Law School.

A letter, with attached memorandum, dated March 27, 1953, to the hairman of the Senate Committee on the Judiciary from the Comnissioner of Immigration with reference to the case reads as follows: MARCH 27, 1953

Hon. WILLIAM Langer,

Chairman, Committee on the Judiciary,

United States Senate, Washington D. C.

DEAR SENATOR: In response to your request of the Department of Justice for report relative to the bill (S. 743) for the relief of George P. Khouri, there is nexed a memorandum of information from the Immigration and Naturalization Service files concerning the beneficiary.

The bill would grant the alien permanent residence in the United States upon payment of the required visa fee. It also would direct that one number be deducted from the appropriate immigration quota.

The quota for Lebanon to which the alien is chargeable is oversubscribed and an immigrant visa is not readily obtainable.

Sincerely,

Commissioner.

MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE GEORGE P. KHOURI, BENEFICIARY OF S. 743

The alien was born in Lebanon on May 4, 1925, but claims to be a British subject through his father. He last arrived in the United States at Miami, Fla., on September 15, 1948, when he was admitted as a student until September 14, 1949. He was in possession of a British passport which had been revalidated to expire on October 25, 1953. Mr. Khouri has been granted two extensions of stay, the last of which expired on September 15, 1951. A warrant for his arrest in deportation proceedings was issued on May 26, 1952, charging that, after admis sion as a student he has remained in the United States for a longer time than permitted.

Mr. Khouri first entered the United States in June 1928, when he was admitted in transit to Jamaica, British West Indies. He again entered the United States during May 1943, when he was admitted as a student to attend the College of the Holy Cross at Worcester, Mass. He attended that college from November 1943 until June 1946, when he received his bachelor of arts degree. In September 1946, he returned to Jamaica.

Mr. Khouri stated that at the time of his last arrival in the United States be was destined to Boston College Law School where he had been awarded a scholarship. He attended that law school from 1948 until his graduation therefrom in June 1951 when he received a bachelor of laws degree.

Mr. Khouri further stated that he has resided in Jamaica, British West Indies, since 1928, except during the periods 1943 to 1946, and 1948 until the present time He stated that he has had no military service, as the British did not conscript in Jamaica during World War II.

The alien is not married and there is no one in this country dependent upon him for support. He is presently residing in Boston where he is employed in a depart ment store at a salary of approximately $32 per week. He has one brother i the United States who is a student at Boston College. His mother, 2 brothers and 2 sisters reside in Jamaica. His father is deceased.

Senator John F. Kennedy, the author of the bill, has submitted the following statement in connection with the case:

The following facts are respectfully submitted in support of petitioner's appli cation for admittance to United States citizenship by special act of Congress: My father was naturalized a British subject in Jamaica, British West Indies in 1898. My mother was a citizen of French-mandated Syria, and she took th British citizenship of my father by adoption on her marriage in 1923. I was bor on May 4, 1925, in Beirut, Syria. My status from birth has been British subjec by birth, through my parents. I have never been a citizen of Syria or any othe country. I left Syria with my parents in 1928 at the age of 3 years. I hav never since returned there, recognized any allegiance to that country, or main tained any connection of any sort there. En route to Jamaica, British Wes Indies, where my father was taking his family to resume his domicile, we travele via United States of America (Boston and New York) where I remained 2 month with my parents on a transit visa. From 1928 until 1943 without interruption, resided with my family in Kingston, Jamaica, British West Indies. In 1942, graduated from the American Jesuit High School, St. George's College, of th Jesuit priests of the New England Diocese. During my 5 years at St. George' College under the British secondary school system, besides attaining high sche lastic honors and serving as house captain in my senior year, I was also prominen in dramatics, the debating society, elocution (junior and senior medals), sodality and various sports. In my senior year I was also all-island secondary schoo elocution champion (ISSA trophy).

On graduation from St. George's College, I founded the Phi Gamma C Honorary Society of St. George's College, a group of outstanding and promisin graduates under a socio-intellectual charter. I was founding president and remai honorary president. During my term at St. George's College, I had gained th favor and patronage of the Most Reverend Thomas Emmet, S. J., D. D., Bisho of Jamaica; Very Rev. Thomas Feeney, S. J. (superior of the mission); Very Rev

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