AMENDING THE ACT OF SEPTEMBER 3, 1954

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00224A000100040002-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 9, 2016
• Document Release Date: August 25, 2000
• Sequence Number: 2
• Publication Date: September 3, 1954
• Content Type: REPORT

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84TH CONGRESS HOUSE OF REPRESENTATIVES I REPORT
1st Session No. 1362
AMENDING THE ACT OF SEPTEMBER 3, 1954
JULY 25, 1955.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. HYDE, from the Committee on the Judiciary, submitted the
following
REPORT
The Committee on the Judiciary, to whom was referred the bill
(H. R. 6888), having considered the same, report favorably thereon
with amendments, and recommend that the bill do pass.
The amendments are as follows:
1. On page 2, after line 5, insert the following:
SEC. 2. Section 4 of the Act of September 3, 1954 (68 Stat. 1145) is hereby
amended to read as follows:
"SEC. 4. An alien shall not be ineligible to receive a visa and excludable from
admission into the United States under the provisions of section 212 (a) (9) of
the Immigration and Nationality Act (66 Stat. 182) (a) solely by reason of a
single conviction of an offense or offenses each of which, if committed in the
United States, would be a misdemeanor punishable by imprisonment pot to
exceed one year, and for which the aggregate penalty actually imposed was
imprisonment not to exceed six months or a fine not to exceed $500, or both; or
(b) solely by reason of the admission of the commission of an offense or offenses
or the commission of acts constituting the essential elements of an offense or
offenses each of which, if committed in the United States, would be a misdemeanor
punishable by imprisonment not to exceed one year: Provided, That the deter-
mination whether an offense or offenses committed outside the United States would,
if committed in the United States, be classifiable as a misdemeanor or mis-
demeanors punishable by imprisonment not to exceed one year shall be based?
not on the applicable foreign law but on the provisions of the United States Code,
and whenever such code fails to define an offense or offenses comparable to those
committed, on the provisions of the Criminal Code of the District of Columbia."
2. On page 2, line 6, strike out "SEC. 2." and substitute in lieu
thereof "SEc. 3.".
3. On page 2, at the end of the bill, add the following:
SEc. 4. New sections 6 and 7 are hereby added to the Act of September 3, 1954,
in (68 Stat: 1145) to read as follows:
"SEc. 6. The word `Spain' is hereby added to subsection 4 (a) (3) oft, he
Refugee Relief Act of 1953, as amended (67 Stat. 401; 68 Stat. 1044), to follow the
word `Sweden' as it appears in the said subsection.
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"SEc. 7. The provisions of law relating to the deportation of aliens on 'the
ground that they were excludable at the time of entry shall not apply to an
otherwise admissible alien, admitted to the United States between December 22,
1945, and November 1, 1954, both dates inclusive, who misrepresented his place of
birth, identity, or residence in applying for a visa if such alien shall establish to
the satisfaction of the Attorney General that the misrepresentation (a) was
predicated upon the fact that the alien had reasonable grounds to fear repatriation
to his former residence or homeland where he would be persecuted because of race,
religion, or political opinions, and (b) was not committed for the purpose of
evading the quota restrictions of the immigration laws or an investigation of the
alien at the place of his former residence or elsewhere."
4. Amend the title so as to read:
A bill to amend the Act of September 3, 1.954.
PURPOSE OF THE BILL
The purpose of the bill as amended is first of all to facilitate the
admission of the wives and minor children of certain Basque sheep-
herders whose entry to the United States was authorized under the
act of September 3, 1954, or either of the earlier acts of Congress
relating to such sheepherders, to wit: acts of June 30, 1950, and April
9, 1952, respectively. The bill further provides for release of the
quota numbers preempted by the two acts last mentioned, with stipu-
lated priority in the allocation of these numbers.
An amendment to section 4 of the act of September 3, 1954, is
designed to extend the waiver of excludability therein provided to
include the alien convicted on one occasion only, of offenses which in
the aggregate would constitute no more than a petty offense as de-
fined in title 8 of the United States Code, and to provide it proper
criterion to determine foreign judgments.
A further amendment by the committee will make it possible for
the escapees from Communist-controlled countries who have found
temporary refuge in Spain to qualify for visas under the Refugee
Relief Act of 1953, as amended. An additional committee amend-
ment is designed to correct it situation involving a number of aliens
admitted under the Displaced Persons Act who misrepresented their
nationality or country of birth to avoid forced repatriation to Com-
munist-controlled countries.
GENERAL INFORMATION
On September 3, 1954, the third of a series of bills authorizing the
admission of a number of aliens skilled in sheepherding was enacted:
A total of 385 nonquota visas were made available under this law.
Two bills enacted in the 81st and 82d Congresses, respectively, au-
thorized the issuance of 750 quota visas, with a provision for deduction
of the quota numbers in the years following.
In making a study of immigration problems in Spain earlier this
year, a special subcommittee of the Committee on the Judiciary of the
House learned that the wives and children of a number of these
sheepherders were in distressed condition because of their inability
to get visas under the annual Spanish quota of 250, which is heavily
oversubscribed. In an effort to relieve this situation in an equitable
manner, provision is made in the bill for a nonquota statics for the
wives and children of the sheepherders whose admission was authorized
by the act of September 3, 1954, or under either of the preceding acts
aforementioned.
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AMENDING THE ACT OF SEPTEMBER 3, 1954
Phe committee is of the opinion that since the purpose of the legis-
lation enacted for the admission of skilled sheepherders was to serve
the interests of American agriculture and industry, the maintaining
of the "mortgage" on the Spanish quota is unjustifiable and it there-
fore proposes that the "mortgage" be lifted.
The cancellation of the quota charges required by the acts of June
20, 1950, and April 9, 1952, with the stipulation that in the allocation
of the numbers so restored, priority be given to the "preference rela-
tives" as defined by the immigration and Nationality Act, should
further alleviate the difficulties of Spanish immigrants involved in the
separation of families.
The following coin:munication addressed to the chairman of a
subcommittee of the Committee of the Judiciary by the Department
of State, sets forth the views of that Department on the bill, IT. It.
6888, and gives information in detail on the status of the Spanish
quota:
JULY 12, 1955.
Hon. FRANCIS E. WALTER,
Chairman, Committee on the Judiciary,
(louse of Representatives.
DEAR MR. WALTER: Reference is made to your letter of June 17, 1955, re-
questing the Department's views concerning H. R. 6888, to amend the act of
September 3, 1954, and to facilitate the entry of skilled specialists chargeable to
the quota for Spain. Reference is also made to the Department's interim ac..
knowledgment of June 21, 1955.
Section 1 of H. R. 6888 would amend the net of September 3, 1954, which au-
thorized the issuance of 385 special nonquota immigrant visas to sheepherders by
providing that special nonquota immigrant visas amy also be issued to the wives
and minor unmarried children of those sheepherders who are accompanying or
following to join them. There is no numerical limitation on the number of spe-
cial nonquota visas authorized for these wives and minor children.
Consistent with its policy of not separating families in migration, the Depart-
ment is in favor of this amendment.
Section 2 of H. R. 6888 would add a new section 5 to the act of September 3,
1954, which would cancel charges made against future quotas, primarily tho
Spanish quota, under the sheepherders acts of June 30, 1950, and April 9, 1952.
This provision would have the effect of making available an additional 490 quota
numbers under the Spanish quota during a 5-year period beginning July 1, 1955
and distributed as follows:
45 Spanish quota numbers in fiscal year 1956
125 Spanish quota number,, in fiscal year 1.957
125 Spanish quota numbers in fiscal year 1958
112 Spanish quota numbers in fiscal year 1959
83 Spanish quota numbers in fiscal year 1960
The new section 5 would further provide that in allocating quota numbers so
restored, priority should be given to aliens entitled to preference by reason of
relationship and to skilled aliens accorded first preference quota status who are
destined to the Commonwealth of Puerto Rico.
Inasmuch as the Department is in favor of a cancellation of all existing charges
against future quotas, it endorses that portion of section 5 which would cancel
charges against future quotas required under the acts of June 20, 1.950, and April
9, 1952. It recommends that the Congress give favorable consideration to an
elimination of all charges against future quotas in the case of all quotas.
The Department is of the opinion that the purpose to be achieved by the
proposed formula for the reallocation of quota numbers restored by section 5 can
be achieved administratively and without legislation. As will be noted from the
table listed below, there are on file in the Visa Office only 25 first preference
quota cases under the Spanish quota for which quota numbers are not immediately
available. If the interested employers in Puerto Rico can be encouraged to file
promptly petitions for the persons whose skills are urgently needed, they will
acquire a priority of registration governed by the filing date of each petition.
Consequently, 50 percent of the Spanish quota would become available to them
as soon as the demand by beneficiaries of the petitions with an earlier filing date
has been met. In view of this consideration, the Department would prefer if
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AMENDING THE ACT OF SEPTEMBER 3, 1954
the proposed formula for the reallocation of quota numbers be omitted inasmuch
as it appears undesirable as a matter of principle to single out a particular group
of immigrants destined to a specific part of the United States to be beneficiaries
of general legislation.
The unmet demand on the four preference portions of the Spanish. quota is as
follows:
I -preference
lI preference
4
21
25
III preference -------
_
33
110
143
_
Wpreference_______ ___
20
78
98
__
2
449
451
Tota]
59 658
717
There is also attached a table containing a breakdown of charges against future
years under the Spanish quota.
The Department has been informed by the Bureau of the Budget that there is
no objection to the submission of this report.
Sincerely yours,
T1IRUSTON B. MORTON,
Assistant Secretary
(For the Secretary of State).
Breakdown of Spanish quota mortgages
1956 1957
1958
1959
Displaced Persons Act, as amended,
r Public Law 85.5, 81st Cong.----- --
15 I--------
Sheepherders' Act, Public Law 587,
81st Cong_______-__ -
41
-------Sheepherders, Act, Public Law 307,
82d Cong --------------------------
P
4
--------
125
112
83
449
rivate laws__________
S
19 (
d
31
1
4
6
42
c) a
ec-
justments s--------------
34
13
41
121
77
286
Tota]
125
125
125
125
---
83
Although the Department of State indicates a preference for an
unrestricted reallocation of the quota numbers restored by this bill,
it, nevertheless appears desirable for the purpose of insuring the uniting
of families, as well as contributing to the economic development of
Puerto Rico, to maintain the priority formula devised by the committee.
This formula is not rigid. It provides for priority only, and. any of
the quota numbers not in demand would automatically be restored
for allocation under the provisions of section 203 of the Immigration
and Nationality Act with 50 percent immediately set aside for aliens
qualifying as skilled specialists, including sheepherders.
Tile special subcommittee of the Committee on the Judiciary,
while in Spain, made specific inquiry concerning the status of the
escapees who had found temporary refuge in that country. The
following tabulation indicates the number of registrants on the quota
waiting lists as of February 1, 1955, who would probably qualify as
escapees under the Refugee Relief Act of 1953, as amended:
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AMENDING THE ACT OF SEPTEMBER 3, 1954
Natives of-
Number
Natives of---Continued Number
i
Alb
1
Rumania----------------- 24
an
a-----------------
Czechoslovakia------------
27
Union of Soviet Socialist
Germany
---------------
37
Republics--------------
16
--
Hungary----------------
4
2
Yugoslavia---------------
46
Latvia-------------------
8
Lithuania----------------
2
Poland-------------------
67
Among these are 19 Polish orphans (over 10 years of age) who have
been in Barcelona, Spain, for some years and who are being assisted
by American Relief for Poland, Inc., of Chicago, Ill.
While the number of aliens involved is not large, it would appear
that the amendment proposed in the bill to enable these escapees to
file their applications for visas under section 4 (a) (3) of the Refugee
Relief Act of 1953, as amended, would serve a twofold purpose in that
it would relieve Spain of any potential economic responsibility in
these cases and would offer the aliens an opportunity to seek self-
support in the United States.
The attention of the committee has been called to some inconsist-
encies which have developed in. connection with the administration of
section 4 of the act of September 3, 1954 (68 Stat. 1145), specifically
in the case of an alien convicted of several offenses which in the
aggregate would constitute no more than a petty offense, and which
were merged in one conviction. The following cases are illustrative
of the problem presented:
1. A,, the husband of an American citizen, and a Korean war
veteran, was convicted of embezzling 11.50 Dutch guilders, the
equivalent of $2.80 in United States currency. He received small
sums of money from other soldiers to send packages by air express.
He sent the packages by sea post for which there was no charge and
retained the money. He received a 4-month suspended sentence and
was later pardoned.
2. B., stole 20 pounds of corn from the cargo of a vessel and later
assisted another individual in the theft of an additional 7 hundred-
weight of corn. He was fined 20 deutschemarks, the equivalent of $5
in United States currency in lieu of 4 days' imprisonment in Germany.
3. C., between the months of September and December 1944, in
Jamaica, British West Indies, stole 3 bicycle wheels, 1 pair of bicycle
pedals, 1 bicycle sprocket, and 1 bicycle chain of the value of #4. t 1
the equivalent of $18.38 in United States currency. He was fined
$20.20 or, in the alternative, 30 days imprisonment.
4. D. stole two pieces of pine wood from the State forest, of the
value of 3 deutschemarks, and at it later date prepared wood for use
in wines at a value of 10 deutschemarks. The German court sentenced
D. to a fine of 3 deutschemarks or 1 day's imprisonment for the first
offense, and a fine of 25 deutschemarks, or 1 day's imprisonment in
lieu of each 5 deutschemarks for the second offense. The deutsche-
mark was worth 4.65 to the dollar at the time.
5. E. upon the occasion of her first marriage, assisted by a girl
friend, entered the cellar of a neighbor on. two occasions and both
stole from the open wine cupboard approximately 20 bottles of wine,
besides 2 bottles of champagne, 2 bottles of fruit juice, 10 or 12 eggs
and an empty milk can. The alien was 19 years old at the time.
The German court sentenced E. to the minimum penalty of 3 months
which was suspended in accordance with an amnesty decree.
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6 AMENDING THE ACT OF SEPTEMBER 3, 1954.
The committee is of the opinion that the type of case herein-de-
scribed should appropriately be brought within the purview of section
4 of the act of September 3, 1954 (68 Stat. 1145). The requirement
that the aggregate penalty actually imposed shall be "imprisonment
not to exceed 6 months ora fine not to exceed $500 or both" is designed
to clearly preclude aliens who have committed more serious offenses
from these benefits.
The committee amendment set forth in the proposed new section 7
gives legislative sanction to the mandate of the conferees on the
Immigration and Nationality Act (H. Rept. No. 2096 of the 82d Cong.)
with regard to the aliens admitted to the United States under the
Displaced Persons Act, who misrepresented their nationality or
country of birth to avoid forced repatriation to Communist countries.
After giving careful consideration to this legislation, the committee
is of the opinion that the bill, H. R. 6888, as amended, should be
enacted..
CIIANG I5S IN EXISTING LAW
In compliance with paragraph 2a of rule XI1.1 of the Rules of the
House of Representatives, changes in existing law made by this bill
are shown as follows (existing law in which no change is made is
printed in roman; omitted matter is printed within black brackets;
the new matter is printed in italics):
ACT of SEPTEwni n 3, 1954 (68 STAT. 1145)
Sire. 3. (a) There shall not be issued more than three hundred and eighty-five
special nonquota immigrant visas under this Act: Provided, That special nonquota
immigrant visas, without regard to the numerical limitations of this section, shall be
issued to the wives and minor, unmarried children of the aliens who are found eligible
,for special nonquota immigrant visas under the provisions of this Act, if they are
accompanying or following to join such aliens, and are otherwise eligible to receive
immigrant visas under the Immigration and Nationality Act: Provided further,
That the marriage is found to have occurred prior to July 1, 1955.
Sac. 4. [Any alien, who is excludable because of the conviction of a mis-
demeanor classifiable as a petty offense under the provisions of section 1 (3) of
title 18, United States Code, by reason of the punishment actually imposed, or
,Jio is excludable as one who admits the commission of such misdemeanor, may
hereafter be granted a visa and admitted to the United States, if otherwise
admissible: Provided, That the alien has committed only one such offense.]
An alien shall not be ineligible to receive a visa and excludable front admission into
the United States under the provisions of section 21% (a) (9) of the Immigration and
Nationality Act (66 Stat. 189) (a) solely by reason of a single conviction of an offense
or offenses each of which, if committed in the United States, would he a misdemeanor
punishable by imprisonment not to exceed one year, and for which the aggregate
penalty a^tually imposed was imprisonment not to exceed six months or a fire not
to exceed $500, or both; or (h) solely by reason of the admission of the commission of
an offense or offenses or the commission of acts constituting the essential elements of an
offense or offenses each of which, if committed in. the United States, would be a mis-
demeanor punishable by imprisonment not to exceed one year: Provided, Tha,, the
determination whether an offense or offenses committed outside the United States
would, if committed in the United States, he classifiable as a misdemeanor or mis-
demeanors punishable by imprisonment not to exceed one year shall be based not on
the applicable foreign law but on the provisions of the United States Code, and when-
ever such code fails to define an offense or offenses comparable to those committed,
on the provisions of the Criminal Code of the District of Columbia.
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SECTIoN 4 (a) (3) OF THE REFUGEE RFLIaF ACT OF 1953, AS AMENDED (67 STAT.
401; 68 STAT. 1044)
Sac. 4 (a) (3) Not to exceed ten thousand visas to escapees residing within the
European continental limits of the member nations of the North Atlantic Treaty
Organization or in Turkey, Sweden, Spain, Iran or in the Free Territory of Trieste
and who are not nationals of the area in which they reside: Provided, That such
visas shall be issued only in the area or areas mentioned in this paragraph.
The remainder of the bill is new law.
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