United States. President's Commission on Immigrati.

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does not include:

(«) Membership or affiliation which is or was solely the result of duress or
coercion ;

(b) Membership or affiliation which is or was solely, and necessary, for the
purpose of obtaining or keeping employment, food rations, housing, or other es-
sentials of living, such as general education ;

(c) Membership or affiliation in a nonproscribed party or organization, which
membership or affiliation continues or continued after such party or organization
becomes or became proscribed, or comes or came under the domination or con-
trol of a proscribed party or organization, pi'ovided that the alien establishes
that he cannot or could not have terminated his membership or affiliation with-
out suffering lo.ss of employment, housing, food rations, or other essentials of
living, such as general education. However, a person who tei'minates or ter-
minated Ills membership or affiliation in a party or organization prior to the date
it becomes or became proscribed, or comes or came under the domination or con-
trol of a proscribed party or organization, shall not be considered to be or to have
been a member, or affiliate of a proscribed party or organization ;

(d) Membership in or affiliation with an affiliate, where the alien established
that at the time he voluntarily joined the affiliate, it professed a purpose neither
Communist nor totalitarian in character, provided the alien establishes that at
the time of joining he did not know, and did not have reasonable means of ascer-
taining, that the affiliate had any purpose Communist or totalitarian in character,
iind that he continues or continued to have no knowledge of, and no reasonable
means of ascertaining, the proscribed purpose of. the affiliate, up until tlie time
his membership or affiliation ceases or ceased, or that after he ascertains or
ascertained the proscribed purpose of the affiliate, he is or was not able to ter-
minate his membership or affiliation w'ithout suffering loss of employment, hous-
ing, food rations, or other essentials of living, such as general education.

14. In all cases under paragraphs 12 and 13 above, the responsible consular
officer must be satisfied that the alien did not, in whole or in part, join or remain
a member or affiliate because of ideological conviction or belief in the doctrines
of communism or other form of totalitarianism, and that he has never inten-
tionally bee I active in the promotion of such doctrines.

15. (a) Member-ship in, or direct (i. e., not through any intermediary affiliate)
affiliation with, any Communist Party, the Nazi Party, the Fascist Party, the
Spanish Falange, or other totalitarian party, or any section, subsidiary, branch,
or subdivision thereof, including the youth groups under any Communist Party
(where the membership or affiliation is or was after the alien's sixteenth birth-
day) as distinguished from an affiliate or youth group comprehended within
(h) below — shall be considered jjriiua facie to be or to have been voluntary, and
the burden shall be on the alien to prove b.y clear and convincing evidence, which
shall be made a matter of record in the case, that such memebrship or direct
affiliation is or was involuntary.

(&) Membership in, or affiliation with, an affiliate of any Communist Party,
the Nazi Party, the Fascist Party, the Siianish Falange, or other totalitarian
party, or membership in, or afhllation with, the youth sections of the Nazi
Party, the Fascist Party, the Spanish Falange, or other totalitarian party wliere
the member.ship or affiliation is or was after the alien's sixteenth birthday), ex-
■cept youth groups under any Communist party, shall be regarded as raising an
inference that such membership or affiliation is or was voluntary, but this infer-
ence may be overcome by the alien's sworn statement that his membership or
affiliation is or was involuntary, provided that, after appropriate security clear-
ances, there is no evidence or reliable information to the contrary. If any such
evidence or information to the contrary is obtained, the burden shall continue to



1880 COMMISSION ON IMMIGRATION AND NATURALIZATION

be on such alien to establish by clear and convincing evidence, which sliall be
made a matter of record in the case, that his membership or affiliation is or was
involuntary. Officers of the affiliates and youth sections referred to in this sub-
section shall be considered under (a) above.

16. Doubtful cases of immigrants and nonimmigrants should be submitted to
the Department for advisory opinions. All cases of members or former members
of the Communist Party or any of its sections, brandies, subdivisions, or sub-
sidiaries as dlstingnished from nonofficer members of an affiliate thereof, shall
be considered to be doubtful for this purpose.

ACHESON.



Department of State,
Washinyton, November 19, J 952.
Mr. Haury N. Rosenfield,

Executive Director, President's Commission on Immigration and Natural-
ization, Washington, D. C.
My Dear iNlR. Rosenfield : I refer to my letter of Novemb;>r 5, 1052, and have
pleasure in furnishing final revised figures for refusals of immigration visas
during the last five fiscal .\ears. Reports have been received from the balance
of the posts queried, except Caracas, which replied that its present excessive
workload did not pei-mit the undertaking of such a task. A reconiiiilation of the
information received from Habana, Lon'on. Mexico. Paris, Naples, Frankfort,
Athens, Zurich, Hong Kong, and Tokyo (including Yokohama) yields the follow-
ing results :

Refusals of immigration visas



Reasons


Fiscal
year 1948


Fiscal
year 1949


Fiscal
year 1950


Fiscal
year 1951


Fiscal
year 1952


Total


Medical

Security

Likely public charges and paupers

Alien contract labor ._. . .


100
60
29
59
15
31
2
6

1.3
91


100
55
40
27
11
31
3
6

13
132


69

66

43

23

5

59

8

7

1

17

69


67

239

42

23

1

72

13

9



13

69


111
182

'^
19
69

6
11


18
85


447
602
231
190


Fraud . . _ .


51


Criminal '.

Moral

Deportees and removees

Racial '

Illiteracy -


262

32

39

1

74


Other


446






Total '


406


418


367


548


636


2,375



I. e., ineligible to citizenship because of birth as non-Caucasian native of "Asiatic barred zone."

Applicants refused visas who were :

(a) Returning alien residents: 60.

(6) Spouses of United States citizens: 103.
Percentage of visas refused on basis of derogatory information : 30.8 iiercent.^
Omitted.
Percentage of visas refused because of : ^

(a) Direct participation in espion;ige, sabotage, or other activities directly
related to the internal security, military operations, or external
affairs of the United States : 1.6 percent.

(6) Membership in the United States Communist Party: 0.

(c) Membership in any foreign Communist Party: 12.2 percent.

(d) M mbership in other proscribed organizations: 1.8 percent.

(e) Other factors: 8.0 percent.

Visas refused because of past membership in any of the above organizations:
207.
Sincerely,

George H. Steuart, Jr.

Acting Director,
Office of Security and Co7isular Affairs.



^ Since tlie dei'Ofjatory information furnished relates to only certain categories of causes
for refusal and not to all of them, the figures do not aggregate 100 percent.

- As in footnote 1 above, the causes for refusal are not all-inclusive and therefore the
percentages do not aggregate 100.



COMMISSION ON IMMIGRATION AND NATURALIZATION 1881

N. B. : An error in copying was noted subsequent to transmittal of the letter
of November 5, 1052, from the Acting Director, Office of Security and Consular
AlTairs, Department of State (v. supra), viz. tlie total percentage of refusals based
upon derogatory information should be 20.7 percent, and not 28.8 percent.



INFORMATION PROVIDED BY THE UNITED STATES DEPARTMENT OF
STATE CONCERNING PAST PROPOSALS TO ORGANIZE THE PASSPORT
AND VISA FUNCTIONS

OcTonEK 23, 1952.
Mr. S. D. BoYKiN,

Director, Office of Scciiritij and ConauUir Affairs,
Department of l!>tatc, Washivgton, D. C.
Dkaii Mr. Bovkix. This will serve to confirm the recent conversations held
with you and iNIr. Edward W. Harding of your office and IMr. Mann, regarding
the Commission's desire to obtain whatever information it can regarding the
f oUowing^ :

1. Proposals to create and establish an independent agency for supervising the
issuance of American passports and visas.

2. I'roposals to remove the visa-control function from the Department of State
to the Department of Justice, or possibly some other department or agency.

Specifically, tlie Commission is desirous of obtaining information concerning
the nature of the proposals made and the arguments offered in favor and in
opposition, including whatever data bearing on the official positions of the de-
partments or agencies interested is available.

As I i-ecall, legislation was proposed in the Congress some time ago calling for
the establishment of a separate agency to be known as the Bureau of Passports
and Visas. Any information which can be supplied regarding debates on this
measure, discussions in committee, the reasons advanced for and against the
adoption of such legislation, would be very useful indeed.

In view of the time limit involved, it would be greatly appreciated if the
information requested could be prepared and forwarded here by no later than
November 5.

Vei"j' truly yours,

Harry N. Rosenfield, Executive Director.



Department of State,
Washington, October 31, 1952.
Mr. Harry N. Rosenfield,

Executive Director, Presidenfs Commission on Immigration and Naturali-
zation, Washington, D. C.
Dear Mr. Rosenfield : This is in response to your letter of October 23 to Mr.
Boykin asking that we furnish information on past proposals to organize the
pas.sport and visa functions.

In order to meet your requirements as soon as possible we have developed
the attached historical summary of information from material immediately
known and available to us in our files-.

I trust that it is adequate to your needs, but if it fails in any respect, please let
me know.

Sincerely yours,

George H. Steuart, Jr.,
Acting Director, Office of Security and Conmlar Affairs.

A Historical Summary of Previous Efforts To Reorganize Passport and Visa
Functions — October 28, 1952

purpose

This i)aper has been prepared ajt the request of the President's Commission on
Immigration and Naturalization. It is limited to proposals concerning the
organizational location of passport and visa functions in the Ignited States Gov-
ernment. These proposals are from the 1949 reports of tlie Commission on the
Organization of the Executive Branch of tlie Government (Hoover Commission)
and from various hills inti'oduced in the Coimress.



1882 COMMISSION ON IMMIGRATION AND NATURALIZATION
PART I THE HOOVER COMMISSION REPORT

Recmnmendations of the Commission

The report of the Commission made two recommendatious which are pertinent
to this summary statement :

1. "The State Department as a general rnle should not be given responsibility
for the operation of specific programs whether overseas or at home" (p. 32,
Report of the Commission on Foreign Affairs).

2. "* * * The function of visa control * * * should be transferred
from the State Department to the Justice Department" (p. 34, ibid.).

Statement of the Foreign Affairs Task Force

The Hoover Commission Task Force Report on Foreign Affairs elaborated in
two statements :

1. "All visa responsibility, therefore, except with respect to diplomatic visas,
should be placed in the Justice Department. Visa work presently performed by
the Foreign Service abroad should be continued but in accordance with policies
established by the Justice Department in consultation with the State Depart-
ment" (p. 18).

2. "The logical solution to the visa problem lies in the transfer of the Visa
Division functions to the Department of Justice. Diplomatic visas, however,
should remain under the jurisdiction of the Secretary of State" (p. 104).

State Department' s position (March 1949)

Following publication of the Hoover report the Department of State organized
several committees to study the various recommendations. One of these com-
mittees was the Visa Task Force which presented its findings in a report (March
31, 1949) in answer to the Hoover Commission recommendations on location of
the visa functions. The following paragraphs are excerpts from the conclu-
sions and recommendations of this report (p. 25 to 27) :

Conclusions

"(a) Supervisory responsibility over personnel should remain in the agency
responsible for tJie results. — Since the Secretary of State is responsible for the
Foreign Service, it is believed that greater efficiency would result if the Depart-
ment of State should continue to have full supervisory responsibility over con-
suls in the discharge of their statutory duties relating to the issuance of visas.

"(c) The immigration laws place (lefivite responsibilities on the Secretary of
State. — As the law places definite responsibilities upon the Secretary of State
under the act of 1924 ( issuance of regulations relating to the administration of the
act by consular officers) and the act of June 20, 1941 (relating to action in the
cases refused by consular officers on public safety grounds) these responsibilities
could not be transferred except by act of Congress.

"(d) Impact on foreign relations. — As regards foreign relations, there would
be greater facility of action if the functions of the Visa Division were retained
in the Department of State. If the decision is made to effect a transfer to the
Department of Justice, provision would have to be made for close liaison between
the Departments of State and Justice to ensure the full consideration of political
factors which might be involved in a given case.

"(/) No change shonld be made until Congress completes its study of the immi-
gration system. — Congress, which has particular interest in determining immi-
gration policy, should have an opportunity to complete its study of the whole
immigration system and to conclude and recommend what change, if any, should
be made in the present system.

"(g) Double-check system, would be impaired by transfer. — The double check
established by Congress would be impaired by a transfer of the functions of the
Visa Division to the Department of Justice."

Recommendations

"(a) In view of the relationship between the issuance of visas and the conduct
of foreign relations the administrative, political, and the personnel problems
which would be involved in a transfer, it is recommended that the functions of
the Visa Division remain in the Department of State.

"(d) Finally, it is recommended that in any event no transfer of functions of
the Visa Division to another agency of the Government be made until the Con-



COMMISSION OX IMMIGRATION AND NATURALIZATION 1883

giess shall have completed its study of the hasic immigration laws and procedures,
the first comprehensive study since 1924, currently being made by the Subcom-
mitteo To Investigate Immigration and Naturalization of the Committee on the
Judiciary."

PART II CONGRESSIONAL PUOPOSAI,S

Since 1!)40 there have been several diifereut congressional proposals on the
organizational location of immigration and nationality functions. These pro-
posals are contained in several bills introduced at various times in the Congress,
The Senate versions are S. 30(j!> (February 20, 1950), S. 3455 (April 20, 1950),
S. 4037 (August 10, 1950), S. 71G (January 29, 1951), S. 2055 (August 27, 1951),
and S. 2550 (January 29, 1952).

These various bills provided for a bureau, within the Department of State,
to concern itself with the passport and visa functions of the United States Gov-
ernment. The specific organizational proposals were largely the same as to pur-
pose, (litfering only in the speciflt- as concerning autonomy in budgetary provision,
qualifications of tiie Administrator and heads of the Passport and Visa Offices,
provision for a General Counsel of the Visa Office, etc.

During the floor debate on S. 3069 several Senators commented on the organ-
izational proposals. Unfortunately, in the time allotted, there has not been
sufficient staff or time available to do the extensive research required to identify,
find and analyze references in the Congressional Record.

However, \\lien S. 4037 was introduced by Mr. McCari:an, Mr. Kilgore, of
the same committee, submitted minority views in opposition to the bill, in behalf
of himself and the Messrs. Graham and Langer. Reference is hereby made
to these minority views ; Calendar No. 2372, Eighty-first Congress, second session,
August 28 (legislative day, July 20), 1950.

S. 4037 eventually became law as the Internal Security Act of 1950, but without
the provision for a Bureau of Passports and Visas.

The last bill to have been considered for this summary was S. 2550, which
proposed that :

"There is hereby established in the Department. of State a Bureau of Security
and Consular Affairs, to be headed by an Administrator. * * *"

This wording was kept in the bill and became part of Public Law 414, the
Immigration and Nationality Act, enacted in June of 1952, taking effect 180
days after enactment, December 24, 1952.

Both the Senate and House of Representatives reports of the committee (Sen-
ate, 1137 ; House, 1365 ; S2d Cong., 2d sess.) referred to provision for the Bui^au.
The Senate report, which is identical to the House report, has the following
reference to organizational matters :

"Section 104 creates a new organizational set-up within the Department of
State to administer the issuance of passports and visas. There will be a respon-
sible authority in the Department of State of rank and power corresponding
to the Commissioner of Immigration and Naturalization and to the Directors
of the Federal Bureau of Investigation and the Central Intelligence Agency, all
of whom are to collaborate in the interests of national security.

"In the original draft of section 104, as it appeared in S. 3455 (81st Cong.),
subsection (e), provided that 'the Director shall perform his duties under the
general direction of the Secretary of State.' In subsection (f) of the corre-
sponding section of the instant bill, it is provided that 'the Bureau shall be
under the immediate jurisdiction of the Deputy Under Secretary of State for
Administration.' This change of language is intended to provide for appro-
priate administrative flexibility in the authority of the Secretary of State to
control the organization of tlie Department of State in the intere.st of effective-
ness and efficiency. Subsection (f) of section 104 is to be read in conjunction
with subsections (c), (d), and (e). The language in these subsections does
not tie the hands of the Secretary of State in constituting tlie functions of the
Bureau of Security and Consular Affairs, or in delegating authority to the Bureau
or the Depaitment, or in authorizing redelegation of authority within the Bureau
or the Department in the interest of efficiency and effectiveness."



25356—52 119



1884 COMMISSION ON IMMIGRATION AND NATURALIZATION

INFORMATION PROVIDED BY THE UNITED STATES DEPARTMENT OF
STATE CONCERNING WORLD-WIDE QUOTA-CONTROL ADMINISTRA-
TION

Department of State,
Washington, D. C, November 21, 1952.
Mr. Hakry N. Rosenfield,

Executive Director, President's Commission on
Immigration and Naturalisation,

Washington 25. D. G.
My Dear Mr. Rosenfield : Reference is made to your request through Mr.
Frederick Mann for detailed information on the operations and procedures of
the world-wide quota control system administered in the Department of State.
In reply to this request, I am transmitting a memorandum prepared by the
quota-control officer of the Visa Division on world-wide quota-control administra-
tion. This memorandum may be used verbatim in the Commission's report if
you so wish.

Sincerely yours,

Edward S. Maney,
Chief, Yisa Division.
Enclosure : Memorandum.

World-Wide Quota-Control Administration

Present quota-control procedure is as follows :

Under quotas not oversubscribed, quota numbers may be requested as required.
Where monthly issuance under an undersubscribed quota is heavy, as in the case
of the British quota in the native country and in Canada, blocks of quota numbers
are assigned to consulates prior to the beginning of the quota year, with a monthly
limitation attached thereto in order that total monthly issuance by all offices
will not exceed numerical limitation prescribed by law. Waiting lists are not
maintained under these quotas except at offices where applications are so heavy
that immediate issuance is impossible, in which case a waiting list is maintained
for the purpose of chronological consideration of cases.

Although a quota may be heavily oversubscribed for nonpreference applicants,
numbers may be immediately available upon request for applicants entitled to
statutory preference. In such instances consulates request preference numbers
as required.

Nonpreference applicants chargeable to oversubscribed quotas are required to
complete an application form, which upon receipt at the consulate is date stamped
(and in some instances, time stamped), which date represents applicant's date
of registration. This procedure also applies to applicants under the present
second preference category, where second preference is oversubscribed.

Quota waiting lists in order of registration date are maintained under each
quota nationality, this being determined by country of birth. In instances where
the first preference portion is oversubscribed it is necessary to maintain a first
preference waiting list in order of petition date; if second preference is over-
subscribed, a second preference waiting list is maintained, and under all over-
subscribed quotas a nonpreference waiting list is maintained.

The Department, in its quarterly status report of quotas, indicates registration
dates through which cases should be considered. In this manner, consulates are
prevented from considering cases of applicants whose documents may expire
before their turns are reached for quota numbers.

On dates specified by the Department quarterly reports are submitted by
consulates showing the registration dates of all preliminarily (or documentarily)
qualified applicants, as well as any who may be expected will qualify within the
next 60 days. This is embodied in one list, and is known as the provisionally
qualified registered demand.



COMMISSION ON IMMIGRATION AND NATURALIZATION 1885

It should be explained here that the operation of tahulatinj; resistered demands
frona ail consulates throughout the world, and prepariug the allotment of quota
niuubers for the succeeding quarter requires a niininiuni of 4 to 5 weeks and
another 2 weeks may elapse before allotments are in the hands of all consulates.
This is the reason for including those who may be expected to qualify.

It should he stated here, that since the law requires that quota numbers be
issued strictly in order of registration date, consulates may well be issuing quota
numbers to applicants, wlio although not qualified at the time the registered
demand was prepared, have qualified before receipt of quota numbers and there-
fore would receive a quota number ahead of an applicant who although his
registration was on the registered demand, has a later registration date. The
method above described insures the receipt of a sufficient number of quota num-
bers within priority date then in effect.

It is also required that consulates indicate on quarterly registered demand
reports the total unqualified registration under each oversubscribed quota.
This figure is invaluable for use in determining personnel requirements at
consulates for use of Committees on Immigration, etc.

ALLOTMENT OF QUOTA NUMBKBS

The present law provides that monthly issuance under quotas of more than
300 annually, shall not exceed 10 percent per month.

Provided first and second preferences are current, which is the case under
the majority of oversubscribed quotas, a reserve must be maintained within the
10-percent monthly limitation to provide preference numbers upon request. This
reserve cannot be presumed to be the same under all quotas — but varies accord-
ing to the habits of peoples of a country, and is affected by the trend of world
conditions, e. g., GI marriages to aliens, who later wish to bring their parents
to the United States or who may have minor children following to join them.



Online LibraryUnited States. President's Commission on ImmigratiHearings → online text (page 8 of 35)