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airplanes of aliens under this Act to the United States, the cost of which is defrayed in whole or in part by the Government of the United States, shall be by ships or airplanes registered under the United States flag, if available.
Sec. 9. Within the categories established in section 4 of this Act the determination of the eligibility of persons to receive visas and of the admissibility of such persons into the United States under this Act shall be made without discrimination in favor of or against a race, religion, or the national origin of such persons.
EXEMPTIONS FROM VISA FEES Sec. 10. Persons receiving visas under this Act shall be exempt from paying the fees prescribed in paragraphs (1) and (2) of section 281 of the Immigration and Nationality Act (66 Stat. 230-231).?
SECURITY AND OTHER INVESTIGATION; EFFECT OF MISREPRESENTATION Sec. 11. (a) No alien shall be issued a visa under this Act or be admitted into the United States unless there shall have first been a thorough investigation and written report made and prepared by such investigative agency or agencies of the Government of the United States as the President shall designate, regarding such person's character, reputation, mental and physical health, history and eligibility under this Act, and such investigations in each case shall be conducted in a manner and in such time as the investigative agency or agencies shall determined to be necessary.
(b) No person shall be issued a visa or be admitted into the United States under this Act if the consular officer or the immigration officer knows or has reason to believe that such person is ineligible for a visa or is subject to exclusion from the United States under any provision of the immigration laws or is not eligible under the terms of this Act.
(c) No person shall be issued a visa or be admitted into the United States under this Act unless the consular officer and the immigration officer, after an inspection and examination of such person abroad, are entirely satisfied upon the basis of affirmative evidence adduced by the applicant that the applicant has established his eligibility for a visa and his admissibility into the United States under this Act and under the immigration laws and regulations: Provided, That no person to whom a visa shall be issued shall be exempt from inspection and examination at a port of entry
(d) No person shall be issued a visa under this Act or be admitted into the United States unless complete information shall be available regarding the history of such person covering a period of at least two years immediately preceding his application for a visa: Provided, That this provision may be waived on the recommendation of the Secretaries of State and Defense when determined by them to be in the national interest.
(e) Any person who shall make a material misrepresentation to any agency of the Government entrusted directly or indirectly with the administration, investigation, enforcement, or any other function relating to the implementation of this Act, for the purpose of gaining admission into the United States as an alien eligible hereunder, shall be excluded from admission into the United States under section 212(a) (19) of the Immigration and Nationality Act (66 Stat. 183).
Sec. 12. Priorities in the consideration of visa applications under this Act, except in the case of applications filed under paragraph (6), (8) or (10) of section 4(a), without priority in time of issuance of visas as between such priorities or as between priority and non-priority cases under this Act shall be given to
(1) Persons whose services or skills are needed in the United States, if such need has been certified to the Administrator, at his request, by the United States Employment Service and who are to be employed in a capacity calling for such services or such skill; and
(2) Persons who are (A) the parents of citizens of the United States, such citizens being at least twenty-one years of age, or (B) spouses or unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, of aliens lawfully admitted for permanent residence, or (C) brothers, sisters, sons or daughters of citizens of the United States.
Sec. 13. No priority in the consideration of visa applications under this Act shall be given to persons who were determined to be eligible or preliminarily eligible
78 U.S.C.A. $ 1351. 88 U.S.C.A. $ 1182.
U.S. Cong. & Adm. News '53—29.
under the provisions of section (2)(c) of Public Law 774, Eightieth Congress, as amended, solely because such persons were determined to be so eligible or preliminarily eligible.
PERSONS INELIGIBLE; OATH ON ADMISSION; PENALTIES Sec. 14. (a) No visa shall be issued under this Act to any person who personally advocated or assisted in the persecution of any person or group of persons because of race, religion, or national origin.
(b) Before being issued a visa every alien eighteen years of age or older, authorized to be admitted under this Act, shall take and subscribe an oath or affirmation that he is not and never has been a person specified in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of section 212(a) (28) of the Immigration and Nationality Act (66 Stat. 184-186), 10 except as provided in subparagraph (I) of such section, and shall be liable to prosecution for perjury if such oath or affirmation is willfully false. If any alien not entitled to be issued a visa under this Act and not entitled to be admitted into the United States shall nevertheless gain admission, such alien shall, regardless of the date of his entry, be taken into custody and deported in the manner provided in sections 242 and 243 of the Immigration and Nationality Act (66 Stat. 209-214).11
(c) Any person or persons who shall knowingly violate, conspire to violate, induce or attempt to induce any person to violate any provision of this Act shall be guilty of a felony, and upon conviction thereof shall be fined not more than $10,000 or shall be imprisoned not more than ten years, or both.
APPLICABILITY OF IMMIGRATION AND NATIONALITY ACT Sec. 15. Except as otherwise expressly provided by this Act all of the provisions of the Immigration and Nationality Act (66 Stat. 163) 12 shall be applicable under this Act.
Sec. 16. Notwithstanding the provisions of any other law, the Secretary of the Treasury is authorized and directed to make loans not to exceed $5,000,000 in the aggregate, to public or private agencies of the United States for the purpose of financing the transportation from ports of entry within the United States to the places of their resettlement, of persons receiving immigrant visas under this Act, and who lack resources to finance the expenses involved. Such loans, which shall mature not later than June 30, 1963, shall be made under rules and regulations promulgated pursuant to this Act: Provided, That such loans shall bear interest at a rate of 3 per centum per annum on the unpaid balance from their maturity date until final payment. No public or private agency shall be eligible to receive a loan under the provisions of this Act while such agency is in default in the payment of any loan made to it pursuant to the provisions of the Displaced Persons Act of 1948, as amended.13
ELIGIBLE ALIENS TO BE NONQUOTA IMMIGRANTS Sec. 17. Any alien granted a visa under this Act shall be deemed a nonquota immigrant for the purposes of the Immigration and Nationality Act. (66 Stat. 163).
AUTHORIZATION OF APPROPRIATIONS Sec. 18. There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act.
Sec. 19. The Administrator shall report to the President and the Congress on the operation of the program established under this Act on or about January 15 and June 15 of each year and shall submit a final report not later than June 15, 1957. Such reports shall include full and complete details regarding the administration of the Act and the administration of the funds provided for in section 16 of this Act.
TERMINATION Sec. 20. No immigrant visa shall be issued under this Act after December 31, 1956. Approved August 7, 1953.
950 U.S.C.A. Appendix, $$ 1951-1963.
12 5 U.S.C.A. $8 342b, 342c, 342e; 8 U.S.C.A. $$ 1101-1503; 18 U.S.C.A. $$ 1114, 1429, 1546; 22 U.S.C.A. 88 618, 1446; 31 U.S.C.A. § 530; 49 U.S.C.A. 88 1, 177; 50 U.S.C.A. Appendix, $$ 1952, 1953, 1954, 1955, 1961.
13 50 U.S.C.A. Appendix, $$ 1951-1963.
HISTORY AND BACKGROUND OF SECTION 13 OF THE DISPLACED PERSONS ACT OF 1948, AS AMENDED AND EXCLUSION OF NAZIS FROM THE UNITED STATES
THE LIBRARY OF CONGRESS,
Washington, D.C., February 5, 1976.
section 13 of the Displaced Persons Act of 1948 as amended. After World War II, both liberals and restrictionists sought to amend United States immigration law to provide for the exclusion of members of totalitarian parties. Congress was initially concerned with the exclusion of Nazis, but by the late 1940's the exclusion of Communists had become the major concern.".
In 1945, a subcommittee of the House Committee on Immigration and Naturalization considered a proposal by Chairman Dickstein to bar immigration from Germany in order to exclude Nazis. This proposal was rejected by the committee. Instead, witnesses recommended the establishment of a process to screen out fascists of any nationality, with emphasis on the careful review of individual cases by consular officers abroad.2
In 1946, legislation was introduced by Mr. Gossett to exclude Nazis and to reduce immigration quotas for a ten-year period. The bill would have excluded from admission to the United States:
persons, who since December 7, 1941, have served in the armed forces of any country while such country was at war with the United States, or any person who is or at any time has been a member of the Nazi Party, or of the Fascist Party, or of the Gestapo, or of the Schutz Staffel, or of the Sturm Abteilung, or of any other organization or party auxiliary to or supporting nazism or fascism, or any person classified as a war criminal by the Allied War Crimes Commis
sion. These aliens would also have been made ineligible for United States citizenship. An alien whose service in the armed forces was involuntary and against his will, however, was exempt from these provisions. The bill was not enacted. Quoting from
The House passed Gossett's bill without discussion, but the Senate failed to act on it. Though Gossett introduced the measure again during the next session, no further action was forthcoming in Congress, and the immediate postwar drive to exclude Nazis subsided without achieving concrete results.
For the next two years the displaced persons problem absorbed the attention of Congress. Congress sought to ensure that the displaced persons legislation it enacted would not provide for the admission of undesirable aliens, particularly subversives. Quoting from the House Judiciary Committee report on 1948 legislation:
1 Postwar efforts to exlude fascists and Communists are discussed in Divine, Robert A. American Immigration Policy, 1924-1952. New Haven, Yale University Press, 1957. pp. 160–163.
? U.S. Congress. House. Committee on Immigration and Naturalization. Subcommittee No. 1. Study of Problems Relating to Immigration and Deportation and other matters. Hearings, 79th Congress, 1st session, pursuant to H. Res. 52. 5 parts. Washington, U.S. Govt. Print. Off., 1945.
3 Most of the testimony on H.R. 3663 concerned the proposed reduction of immigration quotas. See U.S. Congress. House. Committee on Immigration and Naturalization. To Deny Admission to the United States of Certain Aliens and to Reduce Immigration Quotas. Hearings, 79th Congress, 2nd session, on H.R. 3663. Part 1. Washington, U.S. Govt. Print. Off., 1946. 144 p.
*H.R. 3663, 79th Congress, 2nd session (1946).
The committee wishes to emphasize at this point that several specific provisions
.. are designed to enable consular officers abroad and immigration authorities in this country to prevent from entering the United States any and all undesir able elements, such as persons : : . whose presence in this country may endanger its public safety-Communists and members or former members of move ments or groups which during the war rendered aid and comfort to the enemies of the United States. It is the consensus of the committee that in the administration of the act those safety measures should be strictly adhered to and
meticulously enforced. With respect to security, section 10 of the Displaced Persons Act of 1948 requires in part that a thorough investigation and written report regarding character, history, and eligibility be made before a displaced person shall be admitted to the United States. Section 13 of the 1948 enactment provides that no visas shall be issued under the Displaced Persons Act to anyone who is or has been a member of, or participated in, any movement which is or has been hostile to the United States or its form of government.?
There was growing concern, however, that the screening procedures instituted under the authority of the Displaced Persons Act of 1948 were not keeping undesirable aliens out of the United States. Congress received testimony criticizing the International Re ugee Organization for its apparent laxity in making determinations regarding the eligibility of displaced persons, and criticizing the Displaced Persons Commission for its acceptance of certain International Refugee Organization determinations. For example, a number of aliens appeared to have been admitted to the United States despite adverse reports in the Berlin Documents Center relating to membership in the Nazi Party or its auxiliaries or to German naturalization. 10
The Act of June 16, 1950,- amended section 10 of the Displaced Persons Act of 1948 in order to strengthen displaced persons screening procedures by giving the Foreign Service and the Immigration and Naturalization Service veto power on questions of eligibility under the Displaced Persons Act as well as on questions of admissibility under other immigration laws. 12 Section 13 of the Displaced Persons Act of 1948. was amended by this legislation to exclude members of subversive organizations or movements, and persons who advocated or assisted in the persecution of any person because of race, religion, or national origin.
Prior to the 1950 amendment, the Displaced Persons Act defined a displaced person by reference to the definitions in the Constitution of the Internatinal Refugee Organization. The Constitution specifies that the International Refugee Organization is not concerned with any person who can be shown to have assisted the enemy in persecuting civil populations of countries, Members of the
.U.S. Congress. House. Committee on the Judiciary. Emergency Displaced Persons Admission
Security procedures instituted under the authority of the Displaced Persons Act are de scribed in U.S. Displaced Persons Commission. The DP Story, the Final Report of the United States Displaced Persons Commission. Washington, U.S. Govt. Print. Off., 1952. pp. 70-71, 99-102, 133-135, 142–147, 170-179, 309-310.
These procedures are also described in U.S. House. Committee on the Judiciary. Amending the Displaced Persons Act of 1948; report to accompany H.R. 4567, 81st Congress, 1st session. Washington, U.S. Govt. Print. Off., 1949. p. 7. (81st Congress, 1st session. House. Report No. 581)
•U.S. Congress. Senate. Committee on the Judiciary. Subcommittee on Amendments to the Displaced Persons Act. Displaced Persons. Hearings, 81st Congress, 1st and 2nd sessions, on bills to amend the Displaced Persons Act of 1948. Washington, U.S. Govt. Print. Off., 1950. 1237 p.
The testimony of Almanza Tripp, U.S. Immigration and Naturalization Service, Munich, Germany, beginnig on pp. 647, 703, 857, and 895, is of particular interst.
Other information on the administration of security procedures under the Displaced persons Act may be found in Displaced Persons. (Debate in the Senate) Congressional Record v. 96; March 3, 1950: 2712-2719; March 6, 1950: 2846-2853; and April 5, 1950: 4724-4728.
See also U.S. Congress. Senate. Committee on the Judiciary. Amending the Displaced Persons Act of 1948; report to accompany H.R. 4567, 81st Congress, 2nd session. Washington, U.S. Govt. Print. Off., 1950. pp. 5, 6, 9-10. (81st Congress, 2nd session. Senate. Report No. 1237).
10 U.S. Congress. Senate. Committee on the Judiciary. Subcommittee on Amendments to the Displaced Persons Act. Displaced Persons. Hearings, 81st Congress, 1st and 2nd sessions. pp. 1003-1005.
1 ch. 262, 64 Stat. 219.
12 U.S. Congress. House. Conference Committee. Amending the Displaced Persons Act of 1948; report to accompany H.R. 4567, 81st Congress, 2nd session. Washington, U.S. Govt. Print. Off., 1950. p. 15. (81st Congress, 2nd session. House. Report No. 2187).
United Nations; *".13 We were unable to locate any discussion of the reasons for the inclusion of similar language in section 13 of the Displaced Persons Act as amended to exclude persons who advocated or assisted in the persecution of any person because of race, religion, or national origin. However, it seems likely that the inclusion of such language was part of the general effort by Congress to amend the Act to set forth definitions of displaced persons within the meaning of United States law without reference to the Constitution of the International Refugee Organization. 14
Section 13 of the Displaced Persons Act was also amended to require every person eighteen years of age or older admitted under the Displaced Persons Act as amended to take an oath that he is not and has never been a member of any organization or movement named in this section. This section as amended provides that:
If any person not entitled to a visa under this section shall nevertheless gain admission to this country, * such person shall, irrespective of the date of his entry, be deported in the manner provided by sections 19 and 20 of the
Immigration Act of February 5, 1917, as amended.15 Another 1950 enactment, the Internal Security Act of 1950,16 did not amend the Displaced Persons Act as such, but the Displaced Persons Commission followed its provisions for the exclusion of aliens who are members of or affiliated with Communist or other totalitarian parties. More than 100,000 displaced persons were estimated to have been adversely affected by this legislation.17
The effect of such law was to establish a virtual block on all persons who had lived behind the Iron Curtain or in Hitler's Germany or Mussolini's Italy. This was due to the fact that membership in organizations—of a character proscribed by the Internal Security Act—was often involuntary or compulsory
Pending the amendment which clarified the intent of the Congress as to the exact limits of the exclusionary provisions, displaced persons and expellees who arrived in the United States were granted temporary admission to the United States through the machinery of the ninth proviso of the Immigration Act of 1917.
This situation was not rectified until March 28, 1951, when Public Law 14 clarified the terms “membership of” and “affiliated with,” and directed that they be construed to mean only voluntary membership or affiliation with the
outlawed organizations. 18 With respect to the exclusion of Nazis, it is important to note that the Immigration and Nationality Act of 1952,19 unlike previous immigration legislation providing for the exclusion of aliens who are members of or affiliated with totalitarian parties,
* defines "totalitarian party” as one which advocates totalitarianism in the United States. Thus it does not exclude adherents of Hitler's Nazi Party or of any other non-Communist totalitarian regimes of Latin America, Europe, the Middle East, or Asia. It seems evident, consequently that this statutory proyision is concerned almost exclusively with membership or affiliation with var
ious Communist Parties and their satellites.20 Congress received testimony in opposition to the inclusion of language distinguishing between Nazis and Communists with respect to exclusion from the United States.21 However, the exclusion of Communists appeared to be of greater concern to Congress at this time, as it appeared to be, during the consideration of emergency refugee legislation in 1953. Although the Refugee Relief Act of 1953 22 bars any person who personally advocated or assisted in the persecution of any person or group of persons because of race, religion, or national origin from being issued a visa
13 U.S. Congress. House. Committee on the Judiciary. Amending the Displaced Persons Act of 1948; report to accompany H.R. 4567, 81st Congress, 1st session. p. 44. (Report no. 581)
14 U.S. Congress. Senate. Committee on the Judiciary. Amending the Displaced Persons Act of 1948; report to accompany H.R. 4567, 81st Congress, 2nd session. p. 6. (Report no. 1237)
15 Act of June 16, 1950, ch. 262, 64 Stat. 219. 16 Act of Sept. 23, 1950, ch. 1024, 64 Stat. 987. 17 U.S. Displaced Persons Commission, The DP Story, The Final Report of the United States Displaced Persons Commission, p. 70. 18 Ibid.,
71. 19 Act of June 27, 1952, ch. 477, 66 Stat. 163.
20 Gordon Charles, and Harry N. Rosenfield. Immigration Law and Procedure. Rev. ed. Vol. 1. New York, Matthew Bender, 1975. Sec. 2.47b.
21 U.S. Congress. Committee on the Judiciary. Revision of Immigration, Naturalization, and Nationality Laws. Joint Hearings, 82d Congress, 1st sess., on S. 716, H.R. 2379, and H.R. 2816. Washington, U.S. Govt. Print. Off., 1951, 787 p.
See statement of Stanley H. Lowell, Americans for Democratic Action, Washington, D.C., pp. 413-417.
22 Act of August 7, 1953, ch. 336, 67 Stat. 400.