Representative WALTER. The issue under the writ is very narrow, and it is just a question of whether or not the person is detained legally or illegally, and it is illegal if an administrative officer determines he should be held.

Senator FERGUSON. If he said so, he is held. You cannot go behind that finding at all, as to whether or not there is the great weight of evidence, or anything else, or there was not any evidence, if he knew that there was not.

Mr. MILLER. I am a very poor hand to try to discuss that with you gentlemen.

Mr. ARENS. I want to clear the record, and I think the record is confused on what Mr. Miller's position is.

It is your position that there ought to be a finality on decisions of fact?

Mr. MILLER. That is right.

Mr. ARENS. In the administrative authorities?

Mr. MILLER. I do.

Mr. ARENS. And that the recourse to the court be limited to a determination of the legality of the detention or exclusion?

Mr. MILLER. Exactly. And the courts ordinarily have no matter which they can explore and determine the facts.

Senator FERGUSON. I think, Mr. Miller, that is debatable.

Mr. MILLER. I did not mean it in the broad sense, Mr. Chairman.
Senator FERGUSON. I think that is debatable.

Chairman MCCARRAN. Thank you, Mr. Miller.
Now will you kindly state your name, please?

STATEMENT OF A. LUKE CRISPE, CHAIRMAN OF THE NATIONAL AMERICANISM COMMISSION OF THE AMERICAN LEGION

Mr. CRISPE. My name is A. Luke Crispe, from Brattleboro, Vt., and I am chairman of the National Americanism Commission of the American Legion.

Mr. Chairman, I am testifying in behalf of the American Legion on Senate bill 716, the Immigration and Nationality Act. The United States is the only country in the world which has constantly received new blood from the immigration and naturalization of peoples from foreign countries. Most countries depend upon a multiplication of their own race, where this country has constantly grown strong from new sources of strength provided by taking into its arms a great number of strong and forward-looking men and women from other lands.

Today in many parts of the world there has grown a philosophy of government that is completely the antithesis of the ideas of a government of free men. We believe that the rulers in the Kremlin intend if possible, to enslave and conquer the world and that one of the ways it plans to use in conquering this great Nation of free people is to by connivance and conspiracy, sneak into this land and have become citizens people who at heart are really subjects of the Kremlin, who give lip service to this country but take orders from the masters in Moscow.

Indeed, the oath which one takes when one becomes a naturalized citizen consists of two parts. In the first part, the new citizen ab solutely, completely, and thoroughly renounces allegiance and fidelity

to any other foreign country, including the land of his birth. It requires 100 percent allegiance to the United States. The second part of the oath requires the new citizen to support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, subversive, or of any nature whatsoever. That part of the bill which provides, in section 337, "to bear arms," has long been needed, and is fully supported by the American Legion.

At present, our immigration system is established by three comprehensive immigration laws and by many additional legislative enactments. To this maze of law are added numbers of treaties, Executive orders, proclamations, and many, many rules and regulations. Immigration laws are also so closely connected with the naturalization laws that it seems today essential for these two sets of laws to be joined together.

Senate bill 716 is an effort to do just that. The American Legion believes that, generally speaking, it is in line with the established policy of the American Legion. It is an effort to tighten our immigration laws on the one hand, and yet make certain veterans, their spouses, and minor children eligible under certain conditions and gives them certain preferences.

The tightening of screening procedure for applicants for admission, the elimination of loopholes that allow aliens to remain in the country and become citizens, the plugging of these loopholes to eliminate subversive elements, the lessening of the possibility of dual citizenship, neighborhood investigations, and the tightening of educational requirements, all are good.

One of the primary purposes of the bill, I reiterate, is to make sure that those who become naturalized citizens of our country come here with a whole heart and a strong faith in the ideals of freedom. It is an effort to prevent the coming into this free country of those who penly proclaim our philosophy but secretly connive and conspire to create a totalitarian state.

It is for these reasons that the American Legion is generally behind this bill.

Mr. Chairman, I may add that the American Legion's study of the bill, insofar as the Americanism commission is concerned, is wholly related to the findings in title III or part III of Report 1515, and the facts as stated in part III of the report are wholly substantiated by the American Legion, and we feel that this bill is wholly in accordance with the recommendations of part III, which the American Legion completely endorses.

Mr. Chairman, I may also say that, notwithstanding Mr. Miller's remark, if I may take the liberty, sir, I wish to call to the attention of the committee this resolution:

Be it Resolved, by the American Legion in national convention assembled at Los Angeles, Calif., October 9-12, 1950, That H. R. 10, known as the Hobbs bill (which has already passed the House and is now in the Senate of the United States), which deals with alien subversives who, for technical reasons, cannot be deported but who have been convicted of deportable subversive and criminal acts, be placed under the supervision of the Attorney General of the United States as provided in said Hobbs bill, be immediately passed by the Senate before the adjournment of the current session.

Mr. Chairman, that is the position of the American Legion, and as chairman of the Americanism commission, I endorse that position.

81841-51-3

Senator FERGUSON. Could I inquire right there, Mr. Chairman? You are familiar with the section that did pass?

Mr. CRISPE. By hearsay, sir, and I have not studied the bill. It is merely by hearsay.

Senator FERGUSON. Have you anything to say about the present law as we passed it? The Hobbs bill was not passed.

Mr. CRISPE. The present law, as I understand it, meets the general spirit of the position of the American Legion.

Senator FERGUSON. That is what I wanted to get.

Mr. CRISPE. Mr. Chairman, I wish to thank you for calling to the attention of the veterans' organizations the matter of Americanization. I want to assure you that the American Legion will do all within its power, and fortunately, we are having an executive committee meeting of the executive section of the Un-American Activities Committee of our organization this week, and that matter will be brought up, sir. I thank you, and I think it was really fortunate that I happened to be here at the time you made that statement.

Chairman MCCARRAN. We are very glad you are here, I assure you.
Are there any questions by any member of the committee?
Thank you very much.

Do you care to be heard, Mr. Olson?

Mr. OLSON. No, sir; I have nothing to say, except to thank you for your courtesy.

STATEMENT OF ALLEN B. WILLAND,

AMERICANISM

COMMISSION OF

INDIANAPOLIS, IND.

REPRESENTING THE

THE AMERICAN LEGION,

Mr. WILLAND. I have no statement, Mr. Chairman, but I would like to reiterate what Mr. Milller and Mr. Crispe have said: that we are grateful to have this opportunity to come here and meet with you people, and I assure you that we on the staff at National Headquarters will be only too willing to cooperate and assist this committee in any way that we can as your hearings progress.

Chairman MCCARRAN. Hearings will resume tomorrow morning at 10:30 a. m., in room P-36 in the Capitol, and Congressman Walter of Pennsylvania will kindly preside.

I am grateful to all those present with us here today, and I hope you will attend future meetings.

(Whereupon, at 3:45 p. m., the committee recessed until 10:30 a. m. Wednesday, March 7, 1951.)

REVISION OF IMMIGRATION, NATURALIZATION, AND

NATIONALITY LAWS

WEDNESDAY, MARCH 7, 1951

UNITED STATES SENATE,

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEES OF THE COMMITTEES ON THE JUDICIARY,

in

Washington, D. C. The joint subcommittee met at 10:30 a. m., pursuant to recess, room P-36, the Capitol, Hon. Francis E. Walter presiding. Present: Senators O'Conor, Smith of North Carolina, and Jenner; and Representatives Walter, Feighan, Chelf, Graham, and Case. Also present: Richard Arens, staff director of the Subcommittee on Immigration and Naturalization of the Committee on the Judiciary of the United States Senate; Drury Blair and Miss Ethel Johnson, staff members of the Immigration and Naturalization_Subcommittee of the Committee on the Judiciary of the United States Senate; Walter M. Besterman, legislative assistant to the Subcommittee on Immigration and Naturalization of the Committee on the Judiciary of the House of Representatives; and Mrs. Violet T. Benn, staff member of the House Committee on the Judiciary.

Representative WALTER. The committee will be in order.
The first witness will be Congressman Judd.

STATEMENT OF HON. WALTER H. JUDD, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF MINNESOTA

Representative JUDD. Mr. Chairman, it is good to be back before this committee again. I hope this will be the last round-up on this particular issue.

Representative WALTER. I hope you are right, Doctor.

Representative JUDD. I am sorry that there are not more members here from the body which has not had as much specific dealing with the particular issue I am concerned about, because I have been before the members of the House committee three times on that.

Thank you for the privilege of appearing before these two subcommittees on behalf of the principles and provisions of H. R. 199, a bill designed to provide the privilege of becoming a naturalized citizen of the United States to all immigrants having a legal right to permanent residence here and to make immigration quotas available to Asian and Pacific peoples.

Whether these provisions are enacted into law as a separate bill, H. R. 199, or are divided and acted upon separately, or are incorporated in the so-called omnibus bills which are before your subcommittees, is of no moment to me-as long as they are passed.

I think it is exceedingly important to our country's welfare that they become part of the law of this land in the very near future.

May I briefly review the history of that part of this proposed legis lation with which I wish to deal. The essential provisions were firs embodied in a bill, H. R. 4824, which I introduced in the Eighteth Congress. After discussion with members of the State and Justic Departments, which have responsibility for administering our variou immigration and naturalization laws, it was suggested that we ough to make a more comprehensive survey of the whole subject and mor extensive revision of the general laws dealing with it than my firs bill provided.

In the last few years Congress has amended the laws with respec to persons of certain nationalities, the Chinese, Filipinos, and Indians and constantly, I know, your subcommittees have before them privat bills taking care of deserving individuals who are not covered by ou present laws.

So we rewrote and reintroduced the bill as H. R. 5004 in th Eightieth Congress. Hearings were held by the House Subcommit tee on Immigration and Naturalization, and further modification were made by that subcommittee. The bill was then reported favor ably, but the end of the session prevented further action upon it.

It was introduced in the Eighty-first Congress in 1949 as H. R. 19 in the identical form approved by the House subcommittee in 1948 The bill was passed by the House of Representatives, 336 to 39, 01 March 1, 1949.

When it came to the Senate, a special subcommittee and staff of it Committee on the Judiciary were already at work preparing a compre hensive revision and codification of all our immigration and natural ization laws. I was pleased that the subcommittee took all th essential provisions of my bill and incorporated them in one part o another of its omnibus bill, S. 3455, which was not acted on by th Eighty-first Congress before its adjournment. You now have th same bill before you, S. 716, introduced by Chairman McCarran o the Senate Committee.

The essential provisions of my bill have also been incorporated i the omnibus bill, H. R. 2379, introduced by Chairman Francis E Walter of the House Subcommittee on Immigration and Naturaliza tion, and in the omnibus bill, H. R. 2816, introduced by Chairma Emanuel Celler of the House Committee on the Judiciary. With suc powerful support in both Houses of the Congress, I am encourage to believe that favorable action will soon be taken.

Now may I discuss the two major provisions of H. R. 199, whos purposes are, first, to eliminate racial discrimination from our nat uralization laws, thereby allowing all aliens who have been lawfull admitted to this country for permanent residence to become natura ized, if they so desire and if they qualify as individuals; and, second to eliminate racial discrimination from our immigration laws by ex tending immigration quotas to those areas still barred and makin the quotas usable by persons who are attributable by as much a one-half of their ancestry to races indigneous to those areas.

The bill removes at one stroke the remaining racial discrimination in our nationality and immigration laws, which have so greatl contributed to ill feeling in many parts of the world, and yet it make no basic changes in the quota principle in existing law and admit