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PREVENTION OF SUBVERSIVE ACTIVITIES AND
REGISTRATION OF ALIENS

JUNE 10 (legislative day, MAY 28), 1940.-Ordered to be printed

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

following

REPORT

[To accompany amendment (in the nature of a substitute) to H. R. 5138]

The Committee on the Judiciary have had under consideration the amendment (in the nature of a substitute) intended to be proposed by Mr. Connally (on behalf of the Committee on the Judiciary) to the bill (H. R. 5138) to make unlawful attempts to interfere with the discipline of the Army, the Navy, and the Coast Guard; to require the deportation of certain classes of aliens; to require the fingerprinting of aliens seeking to enter the United States; and for other purposes. The committee have authorized Mr. Connally to propose the amendment on behalf of the committee, and recommend that the amendment be agreed to.

The general purposes of the amendment are the same as those of the bill in the form in which it was reported from the committee on May 29, 1940. However, after the bill was reported, a number of questions arose in connection therewith which seemed to the committee to warrant its further consideration. After considering these questions, the committee was of the opinion that a number of changes should be made in the bill in addition to those recommended when it was reported. In order that the matter may now be considered by the Senate in an orderly and expeditious manner, the committee recommend that the Senate consider the provisions contained in the proposed amendment in lieu of those contained in the reported bill, and that the provisions of the amendment be substituted for the provisions now in the bill.

GENERAL PURPOSES

The general purposes of the bill, and of the amendment, may be summarized as follows:

(1) To prohibit the advocacy of insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces of the United States.

(2) To prohibit the advocacy of the overthrow or destruction of any government in the United States by force or violence.

(3) To add several additional grounds for the deportation of aliens to those already provided by law.

(4) To permit the suspension, subject to congressional review, of deportation of aliens in certain "hardship cases" when the ground for deportation is technical in nature and the alien proves good moral character.

(5) To require the registration and fingerprinting of aliens.

EXPLANATION OF THE AMENDMENT

The following statement is submitted in explanation of the provisions of the amendment in the nature of a substitute:

TITLE I

Section 1 makes it unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces, to advocate or cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States, or to distribute any written or printed matter which advocates such insubordination, disloyalty, mutiny, or refusal of duty.

Section 2 makes it unlawful for any person to knowingly or willfully advocate, or (with the intent to cause the overthrow or destruction of any government in the United States) to publish or circulate any written or printed matter which advocates, or to organize any society or group (or knowing the purposes thereof to affiliate with any such society or group) which advocates, the overthrow or destruction by force or violence of the Government of the United States, the government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of any political subdivision of any of them.

Section 3 makes it unlawful to attempt or conspire to commit any of the acts prohibited by this title.

Section 4 provides for the taking under a search warrant of any written or printed matter intended to be used in violation of the act. Section 5 fixes the penalties for violation of this title.

TITLE II

Section 20 amends section 19 of the Immigration Act of February 5, 1917, by adding thereto several new subsections, the principal provisions of which are as follows:

Subsection (b) provides that, in addition to aliens who are deportable under other provisions of law, the following aliens shall be taken into custody and deported: Aliens who knowingly and for gain have assisted any other alien to enter or to try to enter the United States in violation of law, aliens who have been convicted of possessing and of carrying certain firearms in violation of law, and aliens convicted of violating the provisions of title I of this bill.

Subsection (c) provides that in certain cases, generally those in which aliens are deportable solely because of illegal entry, the Attorney General may allow aliens to depart at their own expense, or may, subject to congressional review, suspend orders of deportation

where deportation would result in unwarranted hardship. Subsection (d) provides that the benefits of subsection (c) shall not be extended to aliens who are deportable on grounds which may be generally described as those grounds which indicate that such aliens are likely to be undesirable residents.

Section 21 of the amendment amends an act of February 18, 1931, which provides for the deportation of aliens convicted and sentenced for violation of narcotics laws, so as to provide for the deportation under such act of aliens convicted of violating the narcotics laws of any State, Territory, possession, or the District of Columbia, as well as those of the United States, and so as to provide for deportation on account of violations of laws relating to marihuana as well as laws relating to other narcotics.

Section 22 provides that aliens shall not be deportable under amendments made by this title on account of acts committed prior to the date of enactment of this act.

Section 23 amends the act of October 16, 1918, which provides for the exclusion and deportation from the United States of aliens who are members of the anarchistic and similar classes, so as to provide that no alien shall be admitted to the United States who has at any time been a member of such classes, and to also provide that any alien who has been a member of such classes at any time after his admission to the United States (for no matter how short a time or how far in the past so long as it was after the date of entry), shall be deported.

TITLE III

This title provides for the registration and fingerprinting of aliens. Section 30 provides for the registration and fingerprinting of aliens entering the United States after the effective date of this section.

Section 31 requires the registration and fingerprinting of aliens already in the United States, and aliens who might in any manner gain admission to the United States without being registered and fingerprinted under section 30. Under this section aliens less than 14 years of age are not required to be fingerprinted, but they must be registered.

Section 32 fixes the time within which registration is required for aliens in the United States on the effective date of sections 30 and 31, provides an exemption from the registration and fingerprinting provisions for officials of foreign governments and members of their families, and authorizes special regulations to be made for the registration and fingerprinting of special classes of aliens.

Section 33 provides for the registration and fingerprinting to be done at post offices or such other places as may be designated by the Commissioner of Immigration and Naturalization.

Section 34 provides for the preparation of the necessary forms, provides that registration and fingerprint records shall be secret and confidential, and provides that the information necessary for registration shall be submitted under oath.

Section 35 requires aliens who are registered to notify the Commissioner of Immigration and Naturalization concerning their whereabouts.

Section 36 prescribes the penalties for failure to register, for false registration, and for failure to give the required notice concerning the whereabouts of an alien.

Section 37 contains authority to make necessary rules and regulations and other administrative provisions.

Section 38 contains definitions and also fixes the effective date of the registration and fingerprinting requirements at 60 days after the date of enactment of the act.

Section 39 authorizes the President to provide for the registration and fingerprinting of aliens in the Panama Canal Zone. It is necessary to make special provision for the Canal Zone because it is not within the jurisdiction of the Immigration and Naturalization Service and that Service has no representatives there.

TITLE IV

This title contains the customary separability clause and a short title for the act.

For the information of the Senate, the provisions of existing law which are specifically amended by this bill are printed below. The existing law is printed in Roman, with matter proposed to be stricken out enclosed in brackets, and the new matter proposed to be inserted is printed in italic.

(Section 20 of the amendment amends section 19 of the Immigration Act of February 5, 1917, as indicated below:)

SEC. 19. (a) At any time within five years after entry, any alien who at the time of entry was a member of one or more of the classes excluded by law; any alien who shall have entered or who shall be found in the United States in violation of this Act, or in violation of any other law of the United States; any alien who at any time after entry shall be found advocating or teaching the unlawful destruction of property, or advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law or the assassination of public officials; any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing; except as hereinafter provided, any alien who hereafter is sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who is sentenced more than once to such a term of imprisonment because of conviction in this country of any crime involving moral turpitude, committed at any time after entry; any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute; any alien who manages or is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists any prostitute or protects or promises to protect from arrest any prostitute; any alien who shall import or attempt to import any person for the purpose of prostitution or for any other immoral purposes; any alien who, after being excluded and deported or arrested and deported as a prostitute, or as a procurer, or as having been connected with the business of prostitution or importation for prostitution or other immoral purposes in any of the ways hereinbefore specified, shall return to and enter the United States; any alien convicted and imprisoned for a violation of any of the provisions of section four hereof; any alien who was convicted, or who admits the commission, prior to entry, of a felony or other crime or misdemeanor involving moral turpitude; at any time within three years after entry, any alien who shall have entered the United States by water at any time or place other than as designated by immigration officials, or by land at any place other than one designated as a port of entry for aliens by the Commissioner of Immigration and Naturalization, or at any time not designated by immigration and naturalization officials, or who enters without inspection, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported: Provided, That the marriage to an American citizen of a female of the sexually immoral classes, the exclusion or deportation of which is prescribed by this Act, shall not invest such

female with United States citizenship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this Act: Provided further, That the provision of this section respecting the deportation of aliens convicted of a crime involving moral turpitude shall not apply to one who has been pardoned, nor shall such deportation be made or directed if the court, or judge thereof, sentencing such alien for such crime shall, at the time of imposing judgment or passing sentence or within thirty days thereafter, due notice having first been given to representatives of the State, make a recommendation to the Secretary of Labor that such alien shall not be deported in pursuance of this Act; nor shall any alien convicted as aforesaid be deported until after the termination of his imprisonment: Provided further, That the provisions of this section, with the exceptions hereinbefore noted, shall be applicable to the classes of aliens therein mentioned irrespective of the time of their entry into the United States: Provided further, That the provisions of this section shall also apply to the cases of aliens who come to the mainland of the United States from the insular possessions thereof: Provided further, That any person who shall be arrested under the provisions of this section, on the ground that he has entered or been found in the United States in violation of any other law thereof which imposes on such person the burden of proving his right to enter or remain, and who shall fail to establish the existence of the right claimed, shall be deported to the place specified in such other law. In every case where any person is ordered deported from the United States under the provisions of this Act, or of any law or treaty, the decision of the Secretary of Labor shall be final.

(b) Any alien of any of the classes specified in this subsection, in addition to aliens who are deportable under other provisions of law, shall, upon warrant of the Attorney General, be taken into custody and deported:

(1) Any alien who, at any time within five years after entry, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.

(2) Any alien who, at any time after entry, shall have on more than one occasion, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien or aliens to enter or to try to enter the United States in violation of law.

(3) Any alien who, at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semiautomatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sawed-off shotgun.

(4) Any alien who, at any time within five years after entry, shall have been convicted of violating the provisions of title I of the Alien Registration Act, 1940.

(5) Any alien who, at any time after entry, shall have been convicted more than once of violating the provisions of title I of the Alien Registration Act, 1940.

No alien who is deportable under the provisions of paragraphs (3), (4), or (5) of this subsection shall be deported until the termination of his imprisonment or the entry of an order releasing him on probation or parole.

(c) In the case of any alien (other than one to whom subsection (d) is applicable) who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may (1) permit such alien to depart the United States to any country of his choice at his own expense, in lieu of deportation, or (2) suspend deportation of such alien if not racially inadmissible or ineligible to naturalization in the United States if he finds that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable alien. If the deportation of any alien is suspended under the provisions of this subsection for more than six months, all of the facts and pertinent provisions of law in the case shall be reported to the Congress within ten days after the beginning of its next regular session, with the reasons for such suspension. The Clerk of the House shall have such report printed as a public document. If during that session the two Houses pass a concurrent resolution stating in substance that the Congress does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien in the manner provided by law. If during that session the two Houses do not pass such a resolution, the Attorney General shall cancel deportation proceedings upon the termination of such session, except that such proceedings shall not be canceled in the case of any alien who was not legally admitted for permanent residence at the time of his last entry into the United States, unless such alien pays to the Commissioner of Immigration and Naturalization a fee of $18 (which fee shall be deposited in the Treasury of the United States as miscellaneous receipts). Upon the cancelation of

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