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May 27 (legislative day, APRIL 24), 1940.—Ordered to be printed

Mr. CAPPER, from the Committee on Immigration, submitted the

following

REPORT

[To accompany S. 3146]

The Committee on Immigration, to whom was referred the bill (S. 3146) relating to the citizenship of William Lawrence Tan, having considered the same report it back to the Senate with amendment and recommend that the bill, as amended, do pass. The committee

amendment is as follows: On line 9 after the figure "1935," strike out the remainder of the bill and insert the following: "notwithstanding that he is inadmissible for entry into the United States for permanent residence he shall not be deported."

The amended bill reads as follows: That, for the purposes of section 5, of the Act entitled “An Act in reference to the expatriation of citizens and their protection abroad,” approved March 2, 1907, as amended, William Lawrence Tan, of Honolulu, Hawaii, the minor child of Wilma Alberta Geary, a citizen of the United States whose American citizenship was resumed on March 30, 1935, notwithstanding that he is inadmissible for entry into the United States for permanent residence he shall not be deported.

PURPOSE OF THE BILL

The bill provides that notwithstanding that he is inadmissible for entry into the United States for permanent residence he shall not be deported.

GENERAL INFORMATION It appears that the alien was born in Batavia, Java, on March 1, 1930, to a native-born American citizen mother and a Chinese father. The mother of the alien, Mrs. William Albert Tan, was repatriated as an American citizen by naturalization in the United States District Court at Honolulu, Hawaii, on March 30, 1935.

Under the existing law, the child is not admissible to the United States for permanent residence by reason of the Chinese exclusion laws, there being no applicable clause under which he might be admitted for permanent residence. This fact operates as a bar to any claim of American citizenship on his part.

Your committee after carefully considering the facts in the case, report the bill favorably to the Senate.

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MAY 27 (legislative day, APRIL 24), 1940.-Ordered to be printed

Mr. CAPPER, from the Committee on Immigration, submitted the

following

REPORT

[To accompany H. R. 7515)

The Committee on Immigration, to whom was referred the bill (H. R. 7515) for the relief of Joseph B. Rupinski and Maria Zofia Rupinski, having considered the same, report it back to the Senate without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

That in the administration of the immigration and naturalization laws, the Secretary of Labor is authorized and directed to cancel the warrant of arrest and the order of deportation against Joseph B. Rupinski and Maria Zofia Rupinski, his wife, heretofore issued on the ground that admission to the United States had been fraudulently gained, and that they shall hereafter be deemed to have been lawfully admitted to the United States as of April 2, 1925, for permanent residence.

GENERAL INFORMATION

This bill passed the House of Representatives on April 2, 1940, and there is printed below the report of the House committee which explains the bill in detail.

Your committee, after carefully considering the facts as presented, recommend that the bill do pass.

(H. Rept. No. 1803, 76th Cong., 3d sess.) The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 7515) for the relief of Joseph B. and Maria Zofia Rupinski, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

This bill would direct the Secretary of Labor to cancel the warrant of arrest and order of deportation against the aliens Joseph B. Rupinski and Maria Zofia Rupinski, his wife, and record them as having entered the United States for permanent residence in 1925, and that upon its enactment the proper quotacontrol officer would deduct two numbers from the Polish preference quota during the current year.

GENERAL INFORMATION There is no actual fraud in this case.

The bill was introduced by Congressman Lesinski, of Michigan. It appears from the statements made to the committee and from the records of the Department that the aliens are natives of Poland and are husband and wife. That the husband first entered the United States in 1907 with his mother and four sisters and that his father had resided in the United States and is claimed to have become a citizen about that time, 1907. That in 1917 the husband, Joseph B. Rupinski, left the United States for military training and went to France and served with the Polish Army. That he was married to his wife, a native of Poland, and that he reentered the United States on April 2, 1925, at which time they were not in possession of immigration visas as required by law. The alien has claimed that he was in the diplomatic service at about the time of returning but the records do not substantiate this claim. He also claims that he should be admitted to the country because his father was an American citizen and that he believed that he was also an American citizen. He has two American-born children and his brothers and sisters now reside in this country and are said to be citizens. The wife, Mrs. Rupinski, has a father who is thought to be residing in Poland.

On account of the conditions now existing in Poland these aliens could not be deported. The committee therefore recommend favorable consideration of this bill.

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