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81st Cong., 2d sess.-Ch. 262—June 16, 1950

AN ACT To amend the Displaced Persons Act of 1948 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 2 of the Displaced Persons Act of 1948 (Public Law 774, Eightieth Congress) is amended to read:

"(c) 'Eligible displaced person' means a displaced person as defined in subsection (b) above (1) who on or after September 1, 1939, and on or before January 1, 1949, entered Germany, Austria, or Italy, and who on January 1, 1949, was in Italy or the American sector, the British sector, or the French sector of either Berlin or Vienna, or in the American zone, the British zone, or the French zone of either Germany or Austria, or who had temporarily absented himself therefrom for reasons which, in accordance with regulations to be promulgated by the Commission, show special circumstances justifying such absence, and who has not been firmly resettled; or a person who, having resided in Germany or Austria, was a victim of persecution by the Nazi government and was detained in, or was obliged to flee from such persecution and subsequently returned to, one of these countries, and who has not been firmly resettled; and (2) who is qualified under the immigration laws of the United States for admission into the United States for permanent residence; and (3) for whom assurances in accordance with the regulations of the Commission have been given by a citizen or citizens of the United States that such person, if admitted into the United States, will be suitably employed without displacing some other person from employment and that such person, and the members of such person's family who shall accompany such person and who propose to live with such person, shall not become public charges and will have housing without displacing some other person from such housing. The spouse and unmarried dependent child or children under twenty-one years of age, including adopted children and stepchildren of such an eligible displaced person, shall, if otherwise qualified for admission into the United States for permanent residence, also be deemed eligible displaced persons.”

Sec. 2. Subsection (d) of section 2 of the Displaced Persons Act of 1948 is amended to read:

"(d) 'Eligible displaced person' shall also mean a person displaced from the country of his birth, or nationality, or of his last residence since January 1, 1946, who fled into Italy or the American sector, the British sector, or the French sector of either Berlin or Vienna, or the American zone, the British zone, or the French zone of either Germany or Austria; and cannot return to any of such countries because of persecution or fear of persecution on account of race, religion, or political opinions; and (1) whose admission into the United States for permanent residence is recommended by or on behalf of the Secretary of State and the Secretary of Defense, and (2) who is qualified under the immigration laws of the United States for admission into the United States for permanent residence; and (3) for whom assurances in accordance with the regulations of the Commission have been given by a citizen or citizens of the United States that such person, if admitted into the United States, will be suitably employed without displacing some other person from employment and that such person, and the members of such person's family who shall accompany such person and who propose to live with such person, shall not become public charges and will have housing without displacing some other person from such housing. The spouse and unmarried dependent child or children under twenty-one years of age, including adopted children and stepchildren of such an eligible displaced person, shall, if otherwise qualified for admission into the United States for permanent residence, also be deemed eligible displaced persons: Provided, That a number of immigration visas not to exceed five hundred may be issued within the total numerical limitations provided by section 3(a) of this Act, as amended, to eligible displaced persons as defined in this subsection."

Sec. 3. Subsection (e) of section 2 of the Displaced Persons Act of 1948 is amended to read as follows, and new subsections (f) and (g) are added to read as follows:

"(e) 'Eligible displaced orphan' means a displaced person (1) who was sixteen years of age or under on June 25, 1948, and (2) who is qualified under the immigration laws of the United States for admission into the United States for permanent residence, and (3) who is an orphan because of the death or disappearance of both parents, or who has been abandoned, or deserted by, or separated, or lost from both parents, or who has only one parent due to the death or disappearance of his other parent and the remaining parent is incapable of providing care for such displaced person and agrees to release him for immigration or adoption or guardianship and (4) who on or before the effective date of this Act, as amended, was in Italy or in the

American sector or the British sector or the French sector of either Berlin or Vienna or the American zone or the British zone or the French zone of either Germany or Austria, and (5) for whom satisfactory assurances in accordance with the regulations of the Commission have been given by a citizen or citizens of the United States that such person, if admitted into the United States will be cared for properly; an eligible displaced orphan' also means a person who is a native of Greece who on or after January 1, 1940, and on or before January 1, 1949, was forcibly removed or forced to flee from his former habitual residence in Greece as a direct result of military operations in Greece by the Nazi government or by military operations in Greece by the Communist guerrillas, and on January 1, 1950, resided in Greece and meets the qualifications of subdivisions (1), (2), (3), and (5) of this subsection. "(f) A special nonquota immigration visa may be issued to any alien who

"(1) prior to June 30, 1950, was a resident of Germany, Luxemburg, Austria, Italy, the United States United Kingdom zone of the Free Territory of Trieste, the United Kingdom, Ireland, Portugal, France, Switzerland, Belgium, the Netherlands, Norway, Sweden, Denmark, Finland, Greece, Turkey;

“(2) is an orphan because of the death or disappearance of both parents, or because of abandonment or desertion by, or separation or loss from, both parents, or who has only one parent due to the death or disappearance of, abandonment or desertion by, or separation or loss from the other parent and the remaining parent is incapable of providing care for such orphan and agrees to release him for emigration and adoption or guardianship;

"(3) prior to June 30, 1951, has assurances submitted in his behalf for admission to the United States for permanent residence with a father or mother by adoption, or for permanent residence with a near relative or with a person who is a citizen of the United States or an alien admitted to the United States for permanent residence, or is seeking to enter the United States to come to a public or private agency approved by the Commission, and such relative, person, or agency gives assurances, satisfactory to the Commission that adoption or guardianship proceedings will be initiated with respect to such alien;

"(4) for whom satisfactory assurances in accordance with the regulations of the Commission have been given that such alien, if admitted into the United States, will be cared for properly; and

“(5) is, at the time of issuance of a visa, under the age of ten years. Not to exceed five thousand such special nonquota immigration visas shall be issued until July 1, 1952, under the authority of this subsection, which number shall

be in addition to the numbers authorized in section 3(a) of this Act, as amended. "g) An eligible displaced person shall also mean a person who was a resident of Venezia Giulia prior to May 6, 1945, and who on or after May 6, 1945, departed from those parts of Venezia Giulia placed under Yugoslav sovereignty or administration under the terms of the treaty of peace with Italy signed at Paris on February 10, 1947, and who on the effective date of this Act, as amended, is not 'de jure' an Italian citizen, and who on July 1, 1947, was in Italy, or in the United States United Kingdom zone of the Free Territory of Trieste or in the American sector, the British sector, or the French sector of either Berlin or Vienna, or in the American zone, the British zone, or the French zone of either Germany or Austria; and (2) who is qualified under the immigration laws of the United States for admission into the United States for permanent residence; and (3) for whom assurances in accordance with the regulations of the Commission have been given by a citizen or citizens of the United States that such person, if admitted into the United States, will be suitably employed without displacing some other person from employment and that such person, and the members of such person's family who shall accompany such person and who propose to live with such person, shall not become public charges and will have housing without displacing some other person from such housing. The spouse and unmarried dependent child or children under twentyone years of age, including adopted children and stepchildren of such an eligible displaced person, shall, if otherwise qualified for admission into the United States for permanent residence, also be deemed eligible displaced persons: Provided, That a number of immigration visas not to exceed two thousand may be issued within the total numerical limitations provided by section 3(a) of this Act, as amended, to eligible displaced persons as defined in this subsection."

Sec. 4. Section 3 of the Displaced Persons Act of 1948 is amended to read:

"Sec. 3. (a) During the three fiscal years beginning July 1, 1948, eligible displaced persons and eligible displaced orphans and persons defined in subdivisions (2), (3), and (4) of subsection (b) of this section seeking to enter the United States as immigrants may be issued immigration visas without regard to quota limitations for those years as provided by subsection (c) of this section: Provided, That not more than three hundred forty-one thousand such visas shall be issued under this Act, as amended, including such visas heretofore issued under the Displaced Persons Act of 1948; and it shall be the duty of the Secretary of State to procure the cooperation of other nations, particularly the members of the International Refugee Organization, in the solution of the displaced persons problem by their accepting for resettlement a relative number of displaced persons, and to expedite the closing of the camps and terminate the emergency.

"(b) (1) A number of special nonquota immigration visas not to exceed five thousand may be issued within the total numerical limitations provided by subsection (a) of this section to eligible displaced orphans.

“(2) A number of immigration visas not to exceed four thousand may be issued within the total numerical limitations provided by subsection (a) of this section to displaced persons or refugees as defined in annex I (except paragraph 1(b) of section A of part I thereof) of the constitution of the International Refugee Organization who (1) resided in China, as displaced persons, or refugees, on July 1, 1948, or on the effective date of this Act, as amended, and (2) are qualified under the immigration laws of the United States for admission into the United States for permanent residence, and (3) are still in China or, having left China, have not subsequently been received for permanent residence by any country other than the United States.

“(3) A number of immigration visas not to exceed eighteen thousand may be issued within the total numerical limitations provided by subsection (a) of this section to persons who (1) during World War II were members of the armed forces of the Republic of Poland, (2) were honorably discharged from such forces, (3) reside in the British Isles upon the effective date of this Act, as amended, but have not either firmly settled or resettled, and (4) have registered for an immigration visa with a United States consular officer in Great Britain prior to the effective date of this Act, as amended: Provided, That they meet all requirements of the immigration laws of the United States for admission into the United States for permanent residence.

“(4) A number of immigration visas not to exceed seven thousand five hundred may be issued within the total numerical limitations provided in subsection (a) of this section to persons who are natives of Greece and who on or after January 1, 1940, and on or before January 1, 1949, were forcibly removed or forced to flee from their former habitual residence in Greece as a direct result of military operations in Greece by the Nazi government or by military operations in Greece by the Communist guerrillas, and prior to January 1, 1950, had not been either firmly settled or firmly resettled, and are qualified under the immigration laws of the United States for admission into the United States for permanent residence; and a number of immigration visas not to exceed two thousand five hundred may be issued within the total numerical limitations provided in subsection (a) of this section to persons who prior to June 30, 1950, were residents and nationals of Greece, who are eligible for admission to the United States as first or second preference quota immigrants, and who prior to June 30, 1951, make application to an American consular officer in Greece for appropriate visas to the United States for permanent residence.

“(5) In lieu of affidavits of support or other evidence of support, a person authorized to be admitted under subdivisions (2), (3), and (4) of this subsection may submit to the consuls assurances by a citizen or citizens of the United States, in accordance with the regulations of the Department of State, that such person, if admitted into the United States, will be suitably employed without displacing some other person from employment and that such person and the members of such person's family who shall accompany such person or who propose to live with such person shall not become public charges and will have housing without displacing some other person from such housing. The spouse and unmarried dependent child or children under twenty-one years of age, including adopted children and stepchildren of persons defined in subdivisions (2), (3), and (4) of this subsection, shall, if otherwise qualified for admission into the United States for permanent residence, also be granted immigration visas within the numerical limitations set forth in the respective subdivisions. Those provisions of section 5 of this Act which relate to the contractlabor clause of the immigration laws and to the payment of ticket or passage shall be applicable to persons whose admission is authorized under the provisions of this section.

"(c) Upon the issuance of an immigration visa to any alien as provided for in this Act, as amended, except to eligible displaced orphans, and except to aliens defined in sections 2(f) and 12 of this Act, as amended, the consular officer shall use a quota number from the immigration quota for the country of the alien's nationality as defined in section 12 of the Immigration Act of May 26, 1924 (8 U.S.C. 212), for the fiscal year then current at the time or, if no such quota number is available for said fiscal year, in that event for the first succeeding fiscal year in which a quota number is available: Provided, That not more than 25 per centum of any quota shall be so used in any fiscal year beginning July 1, 1950, and ending June 30, 1954; and that not more than 50 per centum of any quota shall be so used in any fiscal year beginning July 1, 1954: Provided further, That during the fiscal years beginning July 1, 1950, and ending June 30, 1954, 50 per centum of the nonpreference portion of the immigration quotas as defined in section 6 of the Act of May 26, 1924, as amended (8 U.S.C. 206), shall be available to applicants for immigration visas who are otherwise qualified for admission into the United States for permanent residence, and who (1) on or after September 1, 1930, and before January 1, 1949, entered an area or country in Europe outside Italy or the American sector, the British sector, or the French sector of either Berlin or Vienna, or the American zone, the British zone, or the French zone of either Germany or Austria: Provided further, That for the purposes of this section the quotas referred to shall be computed on an annual rather than a monthly basis: Provided further, That any person who is an applicant for admission pursuant to this Act, as amended, and for whom assurances have been given by a citizen or citizens of the United States that such person, if admitted into the United States, will be suitably employed without displacing some other person from employment and that such person, and the members of such person's family who shall accompany such person and who propose to live with such person, shall not become public charges and will have housing without displacing some other person from such housing, shall not be required to furnish any affidavit or other evidence of support pursuant to the regulations (22 C.F.R. 42.327) promulgated under authority of subsection 7(b) of the Immigration Act of May 26, 1924, or any other law or regulation; (2) establish that they are persons of European national origin displaced from the country of their birth, or nationality, or of their last residence, as a result of events subsequent to the outbreak of World War II; (3) that they cannot return to any of such countries because of persecution or fear of persecution on account of race, religion, or political opinions; and (4) that they have not been firmly resettled in any other country. The spouse and the unmarried dependent child or children under twenty-one years of age, including adopted children and stepchildren of persons who establish their eligibility for immigration into the United States under this proviso, shall also be granted such eligibility if otherwise qualified for submission into the United States for permanent residence.

"(d) The selection of eligible displaced persons shall be made without discrimination in favor of or against a race, religion, or national origin of such eligible displaced persons, and the Commission shall insure that equitable opportunity for resettlement under the terms of this Act, as amended, shall be afforded to eligible displaced persons of all races, religions, and national origins. The extent to which the Commission has accomplished the foregoing objective shall be specifically indicated in the semiannual reports of the Commission filed pursuant to section 8 of this Act."

Sec. 5. Section 4(a) of the Displaced Persons Act of 1948 is hereby amended to read:

“(a) Any alien who (1) entered the United States prior to April 30, 1949, and was on that date in the United States, or if he was temporarily absent from the United States on that date for reasons which, in accordance with regulations to be promulgated by the Attorney General, show special circumstances justifying such absence, and (2) is otherwise admissible under the immigration laws, and (3) is a displaced person residing in the United States as defined in this section may, within two years next following the effective date of this Act, as amended, apply to the Attorney General for an adjustment of his immigration status. If the Attorney General shall, upon consideration of all the facts and circumstances of the case, determine that such alien has been of good moral character for the preceding five years and that such alien is qualified under the provisions of this section, the Attorney General shall report to the Congress all of the pertinent facts in the case. If during the session of the Congress at which a case is reported, or prior to the end of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution stating in substance that it favors the granting of the status of permanent residence to such alien the Attorney General is authorized, upon receipt of a fee of $18, which shall be deposited in the Treasury of the United States to the account of miscellaneous receipts, to record the admission of the alien for permanent residence as of the date of the alien's last entry into the United States. If prior to the end of the session of the Congress next following the session at which a case is reported, the Congress does not pass such resolution, the Attorney General shall thereupon deport such alien in the manner provided by law: Provided, That the number of displaced persons who shall be granted the status of permanent residence pursuant to this section shall not exceed fifteen thousand. Upon the grant of status of permanent residence to such alien as provided for in this section, the Secretary of State shall, if the alien was a quota immigrant at the time of entry, reduce by one the immigration quota of the country of the alien's nationality as defined in section 12 of the Immigration Act of May 26, 1924, for the fiscal year then current or the next succeeding fiscal year in which a quota number is available, except that quota deductions provided for in this section shall be made within the limitations contained in the first proviso of subsection (c) of section 3 of the Displaced Persons Act of 1948, as amended.

Sec. 6. Section 6 of the Displaced Persons Act of 1948 is amended to read:

“Sec. 6. The preferences provided within the quotas by section 6 of the Immigration Act of 1924, as amended (8 U.S.C. 206), shall not be applicable in the case of any person receiving an immigration visa under this Act, except as otherwise herein specifically provided but in lieu of such preferences the following preferences, without priority in time of issuance of visas as between such preferences or as between preference or nonpreference cases under this Act, as amended, shall be granted to persons and their family dependents who are the spouse or the unmarried dependent child or children under twenty-one years of age, including adopted children and stepchildren of such persons, in the consideration of visa applications:

"(a) First. Persons who are farm, household, construction, clothing, and garment workers, and other workers needed in the locality in the United States in which such persons propose to reside, or persons possessing special educational, scientific, technological, or professional qualifications.

"(b) Second. Persons who are the blood relatives of citizens or lawfully admitted alien residents of the United States, such relationship in either case being within the third degree of consanguinity computed according to the rules of the comon law.

"No visa shall be issued to any alien whose admission under this Act is based on the submission of an assurance of suitable employment unless he shall first execute a signed statement under oath or affirmation that he accepts and agrees in good faith to abide by the terms of employment provided for such person in the assurance upon which the application for a visa under this Act is based. The Commission is hereby authorized and empowered to administer an oath or take an affirmation for this purpose and to designate employees who shall have power to administer such oath or affirmation: Provided, That upon a finding by the Attorney General that such statement was falsely made it shall be deemed to be a misrepresentation for the purpose of gaining admission into the United States as provided for in section 10 of the Displaced Persons Act of 1948, as amended: Provided further, That in determining whether or not the person accepted and agreed in good faith to abide by the said terms of employment the Attorney General shall consider the manner conditions, extent, and duration of the person's employment after admission into the United States. Such alien and any alien found to have been inadmissible under the provisions of this Act at the time of entry shall, irrespective of the date of his entry, be taken into custody and deported in the manner provided by sections 19 and 20 of the Immigration Act of February 5, 1917, as amended.”

Sec. 7. Section 7 of the Displaced Persons Act of 1948 is amended to read:

“Sec. 7. Within the preferences provided in section 6, priority in the issuance of visas shall be given to eligible displaced persons who during World War II bore arms against the enemies of the United States or who served honorably in the labor service or guard units of the United States Army, and their family dependents who are the spouse or the unmarried dependent child or children under twenty-one years of age, including adopted children and stepchildren.'

Sec. 8 Section 8 of the Displaced Persons Act of 1948 is amended by striking out the date "June 30, 1951" in the first sentence and inserting in lieu thereof the date "August 31, 1952” and by amending the sixth sentence to read as follows: "The Commission shall formulate and issue regulations for the purpose of obtaining the most general distribution and settlement of persons admitted under this Act, consistent with housing and employment opportunities for resettlement, throughout the United States and their Territories and possessions". The seventh sentence of section 8 of the Displaced Persons Act of 1948 is amended to read as follows: "It shall also be the duty of the Commission to report on February 1, 1949, and semiannually thereafter to the President and to the Congress on the situation regarding eligible displaced orphans, eligible displaced persons and displaced persons; and such reports shall include full and complete details respecting the administration of the funds authorized to be appropriated pursuant to section 14 of the Displaced Persons Act of 1948, as amended, including the names of persons and organizations to whom loans shall be made and the amount of such loans."

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