EVALUATION AND DEPORTATION OF ALIENS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP60-00442R000100070012-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 15, 2016
• Document Release Date: April 9, 2002
• Sequence Number: 12
• Content Type: MF

dGC REVIEW
Aft .1.L
Approved For Release 20 /03/25 : CIA-RDP60-00442R000100070012-4
titN
osof
amsamin ram
MUM
COMPLETED
ilasietsi? Ilive?lop tor Opssial Oproreadose
tailertas est Soportatios efiALteer
listerms? la Who te 111111.1ides at Si lleramber
1100, ? U84 at greartal ter auslatelos sod ire
perUttes
it lko 444?91804 ttsessetas hos bowl
preparod la Os wasour yes Slespetede
Ati????84
ao as
25X1A9A
:r.rr
cc: Chrono
311 bj act
Lo.;a1 7)eci ni on
t al Document
BEST C01)41
LtanoCit Ito MIMS
Clawfuli. Comet
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
yEteaRAILL1 1011
25X1A9A Arminon ?
Chiefs
25X1A8A
SUBJECT ? Declusica and Deportation of Aliens
P`orweried herewith is a zecorandon requccted try the
of -ice of $pecial Cperetione conoarning grouncte for =an,
elusion and deportation of eltene. This copy le for your
infarratiorke
IAX:r:CE FL. :',0,":770N
Osneral Counica.
25X1A9A
tee
cc s Subj act
Clamp?
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
/Ilk
Approved For Release 2003/03/25 : CIA-RDP60-00442RM100070012-4
1011t0RANDCM Pas Asidotant Director Crf Polies Coordination
25X 19A MEM=
St713JECT s ascsinsace and Departaticn of Aliens
Itainsded herewith is a itessoranchis requeoted ITT the
Office of Spocdal Cperatieria conocraing gm"' for exclusion
and deportation of alias. Vole copy Is for ytn ireatve time
LIVIRIZCEB. HUTTON
Ospialrai Cc 41031
25X1A9A
two
cos Subject
ammo
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
!ILL
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
CIresicie
laterattl Soortrity lot et
Et cot .17xvoliattai7?
U.S of Ocatidasttal 1st
Evidime* th
tt
40**,6.4 xn,s,rh.ct T: a-4001.*
it 110-316-vmoitetibv,toss????*060,,,.?ctqteet,,s 110
II
7
eee
?40464 129
fielte.696**001011.440*O*4.64e,t,s%044,14
1.
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
169
Approved For Release 2003/03/25 : CIA-RDP60-00442RC0100070012-4
FOR EXCLUSION OF ALIENS
I. ALIEN =LCD= RiCAUSZ ar INPTIOPEll APPLICATION OR Ivan OF AR-
?SUL
A, Those previously excluded and deported, arrested and deported,
or removed an omn application?
D. noes applying from foreign contiguous territory (Mexico* Can.
ad* * including Nomfoandland* and the French islands of -zt:
Pierre and Miquelon)* having been brouzht by nonsignatory
lines.
C. Stownemye.
D. Assisted &liana* i.e.* those who's transportation is paid for
With the money of another individuals or by a corporation,
association* or governmont.
E. Accompanying aliens. An alien is excludable if (1) he is ao-
companying another alien Mho has been excluded; (2) such other
alien is certified by an examining ladical officer as Laing
helpless from sickness, mental or Ohygical eisability, or in-
fancy; and (3) mach other alien as requires his nrotection or
uardiannhip.
F. Children under 16 years of age and unaccimpanisd by or not
coming to one or both parents.
II. ALIENS EXCLUDLD BT E1ffR3ENCT OR .3L-cnr, Fc.;.7r7.:=:1- (In thin con-
nactions see the special reference to the Internal ..ccurity Act
of 1950).
A. Persona who have departed from the juxtsdiction of the United
Stating for the purpose of evading or avoiding training or
service in the itad states armed foroes during tins of war
or during a period declared by the Provident to be a national
emergency.
ALIENS ;11T11 =PROPER, FRAIRKILMT OR NO DOCIPENTS
IV. ALTERS CONVICTED OR ADWITT113 OCUNI3SION CP CME
A. Aliens convicted or admitting commienion of crime involving
moral turpitude.
Be Aliens eomvieted of narcotic violations.
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
AMIlk 4111111.
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
V. IMMORAL ALIENS
A. Prostitutes, proeurers? and like immoral aliens.
B? Poinamistelp
VI. Amman Od OTHER SUMMITS ALIENS (in this sanneotion, see the
special referees* to the internal 5seority Act of 1950).
VII. ALIENS uITE MENTAL PUDICAL, ECONOMIC, OR EDUCATIONAL DI3QUAL1FI-
f CATIONS
A. Mantel or physical dafeotives and diseased aliens. An alien
is exelndible if he iss
1. An idiot, imbecile, feeble.minded, spileptio, or insane
parson.
I. A person who has had one or mare attacks of insanity at
any time previoesly.
3. A parson of sonstitetional psychopathic infirmity.
41 A person with Chronic aledholion.
S. A person afflicted with tOboreelosis in any form.
6. A parson afflieted eith a loathsome or dangerous contagious
disease.
I. A person not inoludod in any of the foregoing classes eh*
is !mond to be and is certified by the examining medical
Wiser as being medically or physically defective, ouch
Physical defect being of a nature that may affect the Abil-
ity of such alien to earn a living.
E. Aliens liki1y to become public charges. The following moy
bring an alien within this category
1. Insufficient funds to afford support mill arrival at des..
tinatima or until employment can be Obtained.
2. Advanced age and no friends or relative* legally responsible
for alien's Rapport.
). Crippled modition.
14. Limited earning power and new &verdant'.
5, Addiction to drimhimg or gastaing.
6' Deafommtimm Whom accompanied by, evidence of ignorance and
poverty..
C. Ampere, pretessiamal lawn, and viimmt46
D. Certain osestrest laborers.
Mitered's..
- 2
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
AIM Aft.
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
VIII, ALI:113 DISQUAISIFIED DX AACE OR fl IGIrITT O crrarzlar,
A. Aliens ineligible to citisenship6
Re Natives of Asiatic barred lopes which includes, rough11ys4the
East Indies, western Chinas French IndomChinas Asns Burnes
Ladies It Nepal, esetern Afghanistan. Turkietans the
Kirgbis Steppes end the aoutheastern portion of the Arabian
ponineula.
IX. 0131E1LL mamma
A. Accredited offiaials of foreign governments, their suites,
families mad guests, swept *aliens with improper, fraud's.
lents or no docummuts."
A. Persons claiming Uhited nate, nationality and in pommel.=
of consular certificates of identity stating that their ne.
tiontilitr status is pondinz before United !Aates courts,
C. Former cities= of the United States Ilhe were inpatriated
through the sonsaistatien of one or both parents, who hare not
acquired the nationality of another muntry by any affirmsm
tive act other then the expatriation or a parent or parents
and Who seek to return to the United :Mates before reaching
the age of 25 years.
X. SPSCIVIC =unions
A. Virtealli everr class of excludable aliens has eximeptions
other than those listed -above. The exe3ption3 for certain
Glasses are so numerous that it is impractical to list them
in this doomemet. The Immigration Uanual of the Immipmtion
and Interalisatima Serviee contains the specific exemptions.
uncarricaumr AC/701 WILIAL CA=
A. Even though MR alien is foumd emelndables be mgr. soder see.
%atm senditiames be permitted to enter or be perolad.
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
Approved For Reitse 2003/03/25 : CIA-RDP60-00442RM100070012-4
SEM M 21M1.41.1.0 Z NOE
I. a01111101AL
A. Tlelatien of statue er terms of conditional entry, e.g., ahem.
domment
of states Sr runeining Imager then authorised.
B. Entering lithe* impieties at by from& Depoitstien for this
reason met tabs plisse within three years after entry.
11. osronTaxce rca cons Emma AT Tra or snra
A. improper ?batten for adminsion. An alien is deportable
within five years after entry, if he falls within one of the
following categories'
14 Allem provioullW =bladed, deported or removed.
2. Aliens who entered frau fereian contiguous territory, hew*
Lag been bsoughtby noweignatory lines. ?
3. Stoommeyo.
4. Assisted aliens.
5. Asoonpanylmg aliens.
6. Children ender 16 yeare of age and unaccompanied by or not
seeing to one or both parenta.
B. Aliens =eluded by emergency or wartime -conditions. An alien
is deportable within five years after entry, if, at tins of
entry, he ems exeladible as a member of the Sailcloth( class*
10 Fugitives from training and ferries in the armed fame
of the United States.
C. Allele with improper, freudalent or no doeunents. Buoh aliens
are deportable within five years atter embry if, at time of
entry, be fell la this sategery.
D. Aliens semriested, or admittiag 0011111,86144, prier to entry, of
grime involving moral terpitede, ars deportable at any tine.
Mineral aliens. An alien is deportable within Ave years after
entry if ensludable at the tins of entry as a number of one at
the following elasesea
1. Proetitetes, promarers and like immoral aliens.
2. Polygamists.
h
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
Ink aft
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
F. Anarehiste or ether sabeersive aliens. Such aliens are do.
portable at any ties if at time of entry, they were mashers
of seek elasees. /n this coneszetion, sse the special rater?
? to the Internal Security Let ef 1950.
0. Aliens ulna metal. Ordeal, eeeeenie, or edueatienal diem
qualifications. Au alien is deportable within five years Af?
ter entry if at tine of entry he eau a amber of ene of the
following sleeves,
1. Mantel or physical defectives and diseased slime.
2. Aliens likely to bosons public charges.
3. Paupers, profeesional begzare and vagrants,
4. Certain contrast laborer*,
Illiteretes.
E. Aliens disqualified by rape or ineligibility to citizenships
I. in alien is deportable at any tins after an entry an or
after 1 July 194, if he vas inadmissible at time of each
entry as an alien ineligible to eitisennhip.
2. An alien is deportable mithin five ',oars after entry if
he is a native of the Asiatic Lzrred
III. WOMTLTION rte CAUSES ARTIII0 AFT a relTiI cT".R VICLATICH
or STATUS oa rums ar
A. la'. Meogglers of alienen
1. he Ilion is deportible at any time after entry if he shaIl,
anon within five years after entry or more than ones at
any tine after entry, have hnossliNely and for gain encour-
aged, Wowed, assisted, abetted, or aided any other alien
to eater or try to enter the United states in violation
of law. Nonseer? ineh eeednet east have oseurred ea or
atter 38 Jim 10606
B. Aliens eemeisted of the Salivating orison are deportable at
anytime*
1. Crimes inrobring morel turpitede, if senteneed for a year
oone.
2. Tielattees of nareeties leen.
3. Mae registratien (if egomisted within five years after
entry).
4. Impartation of prostitute, or return after deportation as
seek.
5, adbeereire astivity or reftra after deportatine for oohs
Approved For Release 2003/03/25 :"AllkIDP60-00442R000100070012-4
Alt
Approved For Release 2003/03/25 : CIA-RDP60-00442R0100070012-4
6$ ?Watling of serial* Inert/me and neutrality eats...
7. almetel possession at eartain reepons.
5. Tieletten of Foreign Assets Registration Act.
C. Cartels lopmell alum are deportable at sar time atter sew
try. otpg*/
2.. Prostitutes.
2. Allem sommsted viat biudomtes at prostitution.
D. Anerehtette or ether elheerstee slime ars deportable at me,
Um,, in this eerreetirie gee the special rot r. to the
Ietermel Seeertt, Mt of 1950.
E. AO alien ibe booms &public charge within five years atter
entry is deportable at mey time.
IT. MURAL EtIXFTIMIO
A. The tollgates persons are exempt tram deportation provisions
listed obsess
1. Asezedited officials of foreiga 4overneents, their suites,
temilies, med pasts, exempt those efio entered with to.
proper or no documents, Abendoned status or remained loggers
or were soarieted within five years after entry of false
resistreAleu.
V. SPECIFIC Emmaus ?
A. Ttrtuall7 every class of deportable aliens contains numerous
exemptione ehich are not listed bore because of epeoe rocridare-
sente.
6
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
1111=141. SgCURITI ACT 07 19?
This legitilallon (the so-called Mie Carron Bin) mikes numerous and
important changes the laws arresting excluaion and deportations 140.-
tian 22 is the Rost pertinent pert of the 1950 Act, and this section
oomplatelrreurites a lee posited in 1918. It retains portions of the
1915 laws and also implodes mortals OM restrietions, All provisions
llsted belay are preesstkr in effects but are identified AS "old' or "mum
for informational purposes.
'ALUMS ENCLU3tD1PROUtADNMSZ/Off UNDER TMI3 ACTI
Primarily (1) Aliens abo seek to cuter the United Aates *bother solely,
Raw principally, or incidentellys to engage in activities width would be
prejudicial to the public interest, or would endanger the welfare or
safety of the United 7.tates;
Old (2) Aliens who, at any tine, *all be or 411411 have been nalp.
bore of any of the following cleanest
Old (A) Aliens who are anarchists;
Old (8) Aliens who advocaVa or teach, or who are 711Whe1-s of
or affiliated 'with any organization that advocates or teaches,
opposition to all organised goverulenti
lee (C) Alieee who are owahers of or affiliated with
(9 the Communist Party of the United States,
(ii) spy other totalitarian party of the United
States.
(iii) the Cceesseiet Political Associaticati
(kr) the Cesamniat or other totalitarian party of any
State of the United iltatess of aser foreign state,
er of egy political or geogragbical subdivision
of any foreign states
(r) eqr amotiste, vehatdiary, breach, affiliates or
subdivision of ear each association or party, or
(vi) the direct predeoesectre or trualeessors of aqr such
eaeociAtion or party, regardless of abet nano
smeh grasp or organisation may have used, mei nos
beers or =w hereafter adopt;
New (D) Aliens *be advocate the toosonics internationals and
goveausistal destrinee ofear other farm of totalitarisnisas
or** are nelbers of ar affiliated with ear organisation that
so 'demotes,
.117 -
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
tak,
Approved For Release 2003/03/25 : CIA-RDP60-00442416)00070012-4
Mow CI) Aliens she are niers of or affiliated with any bri.
prisation shish is registered or required to be registered
under Sestina 7 et the 1950 Lot, melees they establish that
the/ did net entail then hove ream to believe that it was a
Cememist orgeedsaiimej
Old, !seep. is (7) Alien. the adrosete orten* or who are neebere of or
affiliated id* ner organisatioe that advised's@ or teaches the
everinemmitg, 'tree or triage?,
of the Vetted States Oeveremeat or
pristy of the inlemtel assaulting of ear offieer at this or Mr
other orgenised geverameme, the enlamtul damage of property, or
seboteges
Old, Exempt la (1) Aliens the write or publish or 1nowin4ly cireulato,
Italicised ste,, written matter adreeeting or teaohing oppositioa to all
organised government, or sier of the few dootrimee in (r), we
the doctrines is (D); and
Old (I) Allem She are sesbers of or affiliated with ray ors,
ionisation that pebliehoo we oirsulates etc., soy writtea it
ter In (0),
Primarily (3) Alisme with reveal to ohms there is moon to tel./eve
New would, after entry, be likely to (A) engage in activities 'hick
woad be prohibited by the laws of the United states rolatiag to
eopionage, sabotage, public disorder, or in other activity subverm
sive to the notional security, IR) mow. in oor activity a purpose
of whit* is the opposition to, or the control or overthrow of, the
Government of the United States by faros, violenos, or other uncom.
&tit:Atonal means; or (C) organise, Join, af:iliato with, or portico-
ipete in the astivitiee of eNr organisation which is registered or
required to be regietered under section 7 of the 1950 Aet.,
ALIEBS,DIPCIATABL221DER THIS ACTe
The 1993 Mt alas presides for the deportation of virtually all aliens
senmsreted dbere?
!mown UCEPTIONSI
Oemorally speaking. the 1990 Lot is some restrictive sem Myosin-
tattoos of foredo gevernsente.
2be erevialeee 42 Peragrch (2) as (seneernieg poet or present
statue) dowel apply to tee slams* entertmg teepereri1,4 via., a govern-
mant official, his tanilri attendants, oerwante and employees, and a rep.
resentetive et a temeige mowsemment to en international ormisatioa under
the Internationd. Ongenteatiems Imommities Let or ea Wien, or employee
at seek ermenteation end his tentWa ate. .
Approved For Release 2003/03/25 : OaRI,P60-00442R000100070012-4
Approved For Release 2003/03/25 : CIA-RDP60-00442R07000070012-4
Tb. 11111,1214110 of Paragrupbs (1) and () &owe (eaneerning exclusion
for proopeolive status) apay to ALL aliens momeept ambassadors, peblio
ministers& and saner diplomatic and consular officials uho base been so-
credited by a fareicn gewernment reeognised tly the United Autos, and the
immediate families alt such aliens.
. 9 .
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
_Lew
Approved For Rtelease 2003/03/25 :CIA-RDP60-00442"100070012-4
ppm or sIttVOLUNTARTI ItUBFR-HIP
ii wzftrunkt FA=
As pointed eut previatialy. the Internal 54,carity Act of 1950 ex-
cludes free adalaetas those aliens Oho 'et spy time, shall be or shall
have beeamaimbera of or affiliated with" tae ?"4 it or other to-
talitarian party or organisation.
, The eatezbeaseat of this prevision by tantr;ration authorities
seised a great deal of eontrovermy ehort1,y after enactment of the ism.
For onasple, a 20.yeer.ald Austrian pianist, 'Friedrich 4uldas was de..
tAined upon arrival at rIlis Island because he belonged to a Hitler
Towth organisation when he was tan fears old. ':.:1,1,1a .et fin.Uf oe-
mittod temporarily to fill a concert engazeT.Gat, I..ut only aftsr a groat
deal of unfavoraUe pulicity. In additiono it VAr: no.cessary for the
Attorney aentral to utilise his dig:cretin:Jar/ autho,-1.ty (under the ninth
proviso) to adlit auldas shioh rotoe5sitate1 4 !tIlirC that ,,Iallato en-
trance would not cleaver the publie safety, and a fAll report to
gross in justification of the achission.
In addition, numerous "involigAwer &Uw *cel ti posshilitT
of deportation under this law,
The problem has now boon clarified, as a result of a law 'tamed
by the President on 28 Muth 1951. nnder t.:Arovi!ions of this tugte
latine, before an alien can le excluded or dc:porte,3 for uwberehip in
or affiliation with a totalitarian partir t4e bi r thlp hr affilta.
tion swat be or have been voluntary's, and 1.4.:174 600n incLude
ship Which falls within one of the followite clanses:
(1) *hen under 16 years of ace;
(2) Oy operation of lsal
(3) For purposes of obtaining empleywat, food rations, or other
essentials of living, and eters mammy for such purposes.
In other verde, much "involuntary, membership in or affiliation
with a totalitarian party neither prevents the entry of an alien nor
regnizes his deportation.
apemsors
of this nedifleation of the lea, partioolarly Senator
NO Carr", estatote that it earely cornets a *stainterprotattea* plead
en the Maternal Beenrity Aft by the "sties Department. The Jostles 0o-
pennant ematenied that it had no legal rigbt, to admit aliens ameoeiated
..lo.
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
Approved For &elegise 2003/03/25 : CIA-RDP60-00442Fre00100070012-4
in any *my with totalitarianism. Bower, after a brief freeme ofi
aigrettes, the Departs's, began to admit tevorarily thoe, regardaid as
Inossinalo totalitarians. 3enater Ue Carron estimated that approxi-Ately
1500 aliens were admitted on thim basis during the period between Out*.
War 1950 and Van* 1951. Wen this proemabire vas unsatisfactory, and
am a coottsequeraso the larvae ansnded so that "Involastare aliens would
not be affeetedo
Approved For Release 2003/03/25 ii.Cii-RDP60-00442R000100070012-4
Approved For Retie e 2003/03/25 : CIA-RDP60-00442R
0.711reta....01ATION
4111111111MINIIM
00070012-4
?
Ms the nersol ere of me altos esehlag to enter the United States,
a hearing is held before aboard of special inqmiry. However, la the
case of aliens rho sesik entry to engage in setiwities whidh would be
prejudicial to the pelblle Interest, or would endengmr the welfare or
safety of the United States, the Uterus /Painters]. has the power to suspend
the hharing mad =elm& the alien es the basis of confidential informs.
tic% provitlid diool000ro onoli laforimotiAlt vold4 be prOodirial thil
Intereato ...o3( or
This power to exclude is given the Attorney General by section 22(5)
of the Internal Seourit, Act of 1950. Similar authority, 'pus held cornett.
tutional prior to passage of this lax in the case of Inauff v. ihaum
338 U. 56 537 (1750). It should be pointed outs howe'vn'thatthiS power
does not scar in deportationpromediege.
Approved For Release 2003/03/25 : CI1RVPrO-00442R000100070012-4
Approved For Rase 2003/03/25 : CIA-RDP60-00442RO1 00070012-4
EVIDENCE IN EXCLUSION PROCEEDINGS
BACK31tO1HD.
As has bear mentismed previmelys there are ties sten the Attorney
General my exclude an alien m the basis of emfidential information.
However' in the normal ellallaida eases a hearing is held before a board
of special inquiry. at Which time svideeee is introduced. The pr000duro
is rater complicated, mad is governed by regulations of the Innigration
and Naturelisatiaa Sento., fraawhieb met of the following information
has been Obtained. It does not pertains of course, to those cases in
whiCh' an
alien is excluded on the basis of confidential information.
flf 111.7111AL.
All evidence should be introduced into the record of the hearing be.
fore the board of special hearines The applicant nay not be exclmded on
evidence not presented to his. 'Questioning should be sufficiently com-
prehenalve to bring out clearly the meaning of the testimony' and the
record should disclose that each parson has testified as fmlly and ably
as his knowledi;e of the subject permits. To this end an applicant or
witness must be afforded opportunity to clear up nr evlsin any inconrds.
tencies or disagreement, between his present teatimony and that previously
given by the same person and between his testimony mnd docomentary cxvt
demos of record relating to or furnished by him. loreovera *len there
is a conflict an a major, vitals or important point beteven testimony or
documentary evidence of the applicant end * wItnens, or between that of
one wltness and mothers good adidnistration remirel efforts at clarification Whenever it is reasonably Aue to misunderstanding, or that fur-
ther examination may resolve the disegreament. However, explanations
that appear to reconcile differences ahead be weihed cautiously in the
light of possible comeivanes.
Boards of special inquiry are not bound by jurlicial rules of mt..
dunce or procedare mad low consider evidence inceopetent in a judicial
hearings including hearse, evidences or reeorda in official files testi..
UMW takes beforeaaingle impactor notwithatandiegalater than:" ie
mach testimays or a gabled rwport from a United ntateo camels and in-
quire into collateral matters to test credibility.
Although an admission of the moviction of a grime involving moral
turpitude la competent evidence of convictions certified copies of the
information or indictment mad of the judgment should be incorporated if
the comietim occurred ill the United 3tates. And notwithstanding such
admission, by the applimats a wavietion of such an offering in a foreign
country met likewise be verified, it possible.
Approved For Release 2003/03/25: CIA-RDP60-00442R000100070012-4
Approved For Feetase 2003/03/25 : CIA-RDP60-00442
100070012-4
A oortifloste from ? foreign policy of stating the fleet of
eenvistiam has been asserted, bet uhen sonvistiaa in a foreign jurisdio.
tion is &Wadi evidense of lesser quelity them an aathentisated mar of
the jedgmeet of eenvisties hes been held insufficient.
If the spurt rewords are readilyammdiable, the foregoing reqoire-
ment of incorporating stadia' evidence at oonvistion also Should be ob.
served
in the sees at an applioant for admission ebo has been prosecuted
for an offense involving morel teopLIWais and who appears eub3ect to ex.
-elusion on the growl that he unequivocally admits its commission. This
is so because the emotion as to ebether.a crime acteally has been com.
mated ought mot be left to inference when it is readily susceptible of
determinatise by the introduction of court records that would leave no
doebt of the true foots. It is emphasised, however, that failure to db.
tam n the court records will not, in and of itself, require a finding
that there is no admiseiem4 or oonvistion, of an of involving morel
terpitude, as other evidsoce may be euffioient to resolve the isms.
The burden is not on the applicant to prove that his conduct has not
violated the laws of a foreign jurisdiction When suCh conduct meld not
have constituted an offense had it occurred in the United States. It has
been broodlir 'tatted, moreover, that an admission by an alien that he has
seemitted a crime is not significant unless the record establishes that
a particular statute denounees the admitted coodost as an offense. Tbus4
mhen the admission relates to conduct abroad and an it is practicable
to do so, it is neoessary to include in the record of the hearing before
the board the relevant parts of the foreign et tuts, together with the oou.
plots official citation of its source.
BUROCK or ?ADM.
An alias has an right to enter the United AIM** unless sue& right
has been given to his by the United Alit's; and the burden of proof is
upon the alien attempting to enter the Dated ntates to establish that
he is not seblest to amiluelon. This burden applies whether an first
applisatiosa or for reentry, or when an applioant claims U. S. citiseo-
ihip.
Umever, reliance mew not be had to an unreasonable extent on the
role that the heroism is proof is an the Applicant far *initiates. Thus,
when the issue is obotlior the alien has ?omitted an offense in a for.
sign ommotmr, and the Snots de net establiah that the admitted condmot
woad have amommted to s slime Is the United States, the burden La not
on the applicant to prove that he has not Violated the criminal lees of
the foreign joriadielien.
3.14
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
4116.
Approved For Retsase 2003/03/25 : CIA-RDP60-00442RQ09)100070012-4
wrnassza.
Competent witnesses aro to be heard and to refuse to hear theist or
to rafts, to (weep% available testimony, renders a hearing unfair. All
ultneeses an oonolualea of their testimony should be naked if User hove
aoything Nether to state.
Officers in show may rendre by sibpossa the attendance of wit-
nesses and prodeetiaa of books, papers, or documents, and, if necessary,
theteutbority at United Stets@ *surto sky be invoked to compel towtimaq,
Or production of wideness
? 2,5
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
Approved For RMse 2003/03/25 : CIA-RDP60-00442R100070012-4
ITIDENCE II DEPOATATION Pi1OCEE1)INGS
131 GENERAL.
!videose is the mesas by. 'high the alleged violations of law may be
proved or disproved. The term includes any matter sUbmitted for =laid.
oration, whether it is a etatement of a witness, the contents of papers,
deconente, or records. Tbe rules of evidenee to be empleredsmet be
within reason and fairness, although those applicable is judicial proceed.
ingd need not be strictly relieved. The administrative authorities are
4 to determine both gmeatiens at leo end fast, but the farmer aro review.
able by the courts and the latter meet be predicated upon the evidence in
the record.
ADVI53TUILITT.
(a) Mn General. Oeneraliy? evidence le eImiss17le if it is relevant
to the issue andtlte best Obtainable. Ymidence .4sed to pport the appli-
cation for a werraA of arrest, and statenentu, affidavitq, etc,, taken
ex parte, that is in the ibeence of and withelt notice to the oth&r part',
are gencralV admissible, unless restricted )ocause af 'lack of cross--
examination, etc.
(b) (Val Testimanr. An alien's awn testimony 7.1kf 'oe sAffieient to
deport Uwe
The testimony of a witness knom RS ?:cornay, is, whit he hat!
heard from other* as distineliahed from it e knawF, -ay be used If the
alien has a chance to explain or rebut it. J:emever, it is not to be en,.
played 'here better evidence is obtainable.
hxpert opinion testimony, such al that of an inspector, ladical
examiner, or ether Impotent witness, is admissible, when sebstantial
basis far each opinion is sheen.
Testincer of insane persons is competent, generelly, it they have
'efficient rstanding to know the Obligation of the oath and can give
a clear account of the matter involved, rb. testimony should always be
eapplessented by a eempetent witness who OMR testify to the nature and
latent of the insanity. The testimony of the insane person also must be
sopplemented by emdk ether eempetent widenss in connection with the ease
as is Obtainable.
Testimony of infants be eemeidered skin they are of sutb an age
that they have anffielent endswetanding to knew the obligation of the
oath and eon give a clear account of the matters involved. Children of
? 16 m
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
ft
Approved For Rere-,Se 2003/03/25 : CIA-RDP60-00442R100070012-4
a more tender age err be permitted to testify although not under oath,
within the discretion of the presiding inspector. This testimmxr A to
be supplemented by andh ether competent evidence ae mar be available.
The teetinmey of a spouse egy be considered if in..obalf of the alien
spouse; against the alien 'pease, when merely onnulatives against the alien
spouse, if it does not relate to a privileged coannnicetica.
TeetLemNr of a *twee living ia unlawful cohabitation with the alien
my bp admitted and considered.
. However, when sueb teetimony is contrary to the interest of the alien,
it Should be received with great care, and eha.ild be Rupplenentcd by other
testimony or evidence whenever available.
The testimony of prostitutes or poreens or conv-rtiucial Le truthfulness
ehould not .be arbitrnrily rejected or denied value as evidclIce, lilt should
be received vith caution.
Perot evidence is admissible to explain or acetradict recurds L:ept
purfruant to a puhlic duty.
(e) 9ocumen rvidenee. The production and introcluction of i.!;301.-?
mentary eUen?e Into the record, when pertinent to t14.7. determilationoI
an ififf$10 or mhen necessary to juAify discretionary action is alimayr
'arable. Deemimatary evidence may not be adlidtthd into tht record rith.-
out making their =intents known to the alien or his c4un9e1 or lepresen.
tatty", if any.
RooOrds. lending certifiontes, tranmit lirtmo %rd 9thx. 7i.at of the
Immigration and Naturalisation Service nay be alr,itted into evidence.
Reentry permits nobs admitted ne prf.,a rpcle ev.,dence of etatus.
Anagrams en confidential informations or inform ttion of a naturn
that (moot bekbronght to the attention of the alien Ls not to be intro.
dewed as evidence or brought to the attention of the official Presiding
at the hearing. It is tabs used only as a means of obtaining covetent
evidence.
Depositions, after die entice to the alias and counselosey be ad-
nitted ta widow.
The officer pfteiding at the hearing mar rnit the introduction into
the resold Of any written or recorded stateust or satisfactory evidence
of any admissim made by the alias or aor other pereon during an investi-
gation.
Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070012-4
Approved For 4111Ase 2003/03/25 : CIA-RDP60-00442R100070012-4
Official eesmemieetionssuch as from United States comas, are ad.
misethle, and who eensideited with oontrolliag might. Other data,
such es lettere, somemmieations, and identification Dards, are edaesible
but ordimariky are not sufficient in them...Ives.
Printed natter, Posh as books and pamphlet., maybe admitted and
considered.
Sedisal certificate* say be admitted and oonsidered, bet they are not
binding en the immignities silicon, and related oral evidence mei be de-
Arable.
? Certified copies of evert records are competent proof of coneiotion
at crime in the coons of the Mated States, and oral evidenee of inno-
cence or guilt is irrelevant.
WEIGHT iND
(a) LA General. The Immigration authorities determine the eeight
and sufficiency of the evidence. As they are not reatricted in the re.
eeption of evidence to only much as would meet the requirements of legal
proof, they can dote:nine the question before them on any evidence that
appears worthy of credit. Further, they are free within reason and fair,.
nese to determine the value of the evidence, the credibility of witinessee,
and to mealy, conflicting evidence.
(b) Condoct and Silence of Witneass. Contact that roma a beets for
inferenes is "ethnics aol silencels often eviiance of the noet persua-
*iv. Character. Alth:01 inference frem silence ahoul! cautinuc4
dram, the weight to be ;Amen is for the offtcial crActinc, the hearing.
(0) Oral ?softener.. rvidence of Ulla type in to be distinguiahed
from docemsenary or written evidence. Oenerally, oral evidence is mown-
dory and not eqoivelent to or to be used as a alibatitute for a document
iben the latter is required by law. The credibility of witnesses and the
might of their tsetimomy are for the determination of the immigration
authorities. Testilescr NW NI rejected or disbellaved, or it prensinarY
testinogy is &mood, the prior testimony maybe aeoepted and the latter
rajectede,
(4) Does. Certified copies of judgments, cortificatee at po-
lice coart s.1? or the admission at mythss of the conviction of a
arise before entry be weighed as evidence of convictian in foreign
courts. Certitintestren foreign police officLala mew also be (mei&
ered4 and eredtbilitr Monet be iseeaLled on rational grounds eithout same
widows to discredit these. Although alone thornily be Insufficient .vi-
doe., imeidentel testimougy now serve to establish the claimed fact.
Records at arrest are incompetent to prove canvictico.
Approved For Release 2003/03/25 : CIA-UP60-00442R000100070012-4
OD An IP
Approved For Ree 2003/03/25 : CIA-RDP60-00442R060100070012-4
)
Should the record of a oriminal conviction for a crime involving
, moral turpitude fail to Ohm that the respondent was oonvicted by a curt
of competent ariainal juriadiction meth evidence is cnnsidered insuf-
ficient upon Which to base a Charge of deportation.
isgisters of birth certificates or baptielal record kept by offi.
cers or clergyman are generally competent aerproof_of:Jaited states cit.
isenship. However, a birth certificate filed sword years sUbsequent
to birth, or one issued Ivy the Territory of Hawaii, or the ,registration
of a voter, or a Child's name appearing am a eaturalisation certificate,
or a !mitten statement by a United States Cailissioner that a C1inct7e
per sch of a certain name VAS browht, Inform him and was adjudged to :lave
the rit to rmaist in tbe United nates by reason of bving a citizen,
? or idieeharge certificate of a United ltatee Commissioner, may be con-
sidered but not conclusive proof of United States citisensflip.
naturalization certificate or a landirv certtfiv.:,tte :.1mq v.43 evidence
of a foreign citi:enabip,
(c) Yvidence Obtained by r_lecal ,earch it fueh evi4o,..ce
camnot e made the beefs cda Mainz in 4portation prooeedimr2s. :t isT
not an illegal search or seisure, bcwever, to 07-in'a 'tate-Ant of en
alien in detention, or to purchase at a ohop tht. ilafor APO to be
used as evidence. Further, documents mimed policcofficers vithout
the cooperation of Federal authorities, or document:1 o;.tJd by imliratton
officers from a third party, or ftuah other docuLlents A..7 ere adritted to
wridenes without obligatiaa or proof of being un1i-rsflt4y o-.tained? uay
be considered..
tITTIESSLII?
(a) l*Oseerel. Tbe testimony privileges that apply to judicial
proceedings govern administrative investigatious aisoi and maybe ealvod.
/enema vibes* testimony is deemed essential to a proper decision of the
case ars to be required to appear and testify. 3enerelly, the Government
has the right to and examine an alien as a eitness against himself.
An alien may be directed to smear qegations by judicial process, mad be
plashed for eantempt if he refuses. A presiding inspector is not to be
a witness swept in Inmenal instances.
Oorerimmentmlineeses, in ease the right of orosemaxamlnation exists,
are to be predused if poesiblessIthough there is no duty von the Govern..
sent to go to the expense of transporting witnesses tar a great distance
as exemination be, oonamotad 4, depositions Hammers if identification
of the alien is of primary importance and identifioation mey not wily
or logically be weasby deposition, witnesses mast be produced, if poenible.
Approved For Release 2003/03/25.i cidARDP60-00442R000100070012-4