Sidor som bilder
PDF
ePub

Sec. 9. The second sentence of section 10 of the Displaced Persons Act of 1948 is amended to read as follows: "The burden of proof shall be upon the person who seeks to establish his eligibility under this Act, and no person shall be certified by the Commission as eligible under this Act if the Commission knows or has reason to believe that the alien (1) is not a displaced person and an eligible displaced person or (2) is not eligible under the terms of this Act; and no person shall be issued an immigration visa or be admitted into the United States under this Act if the consular officer or the immigrant inspector knows or has reason to believe that the alien is subject to exclusion from the United States under any provision of the immigration laws or (1) is not a displaced person and an eligible displaced person, or (2) is not eligible under the terms of this Act: Provided, That nothing in this section shall remove the right review and appeal available to aliens under general immigration laws."

Sec. 10. Section 12 of the Displaced Persons Act of 1948 is amended to read as follows:

“Sec. 12. (a) Notwithstanding the provisions of section 12 of the Act of May 26, 1924, as amended, until July 1, 1952, a number of immigration visas not to exceed fifty-four thousand seven hundred and forty-four may be issued to persons of German ethnic origin who were born in Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania, Russia, or Yugoslavia, or areas under the control and domination of any such countries, except those parts of Germany and Austria under military occupation by the Union of Soviet Socialist Republics, and who on January 1, 1949, resided in the western zones of Germany or Austria, or western sectors of Berlin or Vienna. Assurances shall be executed by a citizen or citizens of the United States in accordance with regulations of the Commission that persons eligible under this section, if admitted into the United States, will be suitably employed without displacing some other person from employment and that any such person and the members of his family who propose to live with him shall not become public charges, and will have housing without displacing some other person from such housing. The spouse and unmarried child or children under twenty-one years of age, including adopted children and stepchildren, of any person eligible under this section shall, if otherwise qualified for admission into the United States for permanent residence, also be eligible under the provisions of this section. All persons qualifying for admission under this section shall be exempt from paying visa and head taxes, and no such person shall be admitted into the United States unless there shall have been first a thorough examination and written report as provided for in section 10 of the Displaced Persons Act of 1948, as amended.

“(b) Upon the issuance of an immigration visa under subsection (a) above, which shall be in addition to the numbers authorized in section 3(a) of the Displaced Persons Act of 1948, as amended, the consular officer shall use, notwithstanding the provisions of section 11(f) of the Immigration Act of May 26, 1924 (8 U.S.C. 211), a quota number from that portion of the quotas for Germany and Austria for the fiscal years ending June 30, 1949, and June 30, 1950, which was made available to persons of German ethnic origin under the provisions of section 12 of Public Law 774, Eightieth Congress, except that the total of such quota numbers shall not exceed by seven thousand the quota numbers used under the authority of the said section prior to June 30, 1950; and if no such quota number is available in that event the consular officer shall use a quota number from the immigration quota of the country of nationality of the person who receives the visa as defined in section 12 of the Immigration Act of May 26, 1924 (8 U.S.C. 212): Provided, That not more than 50 per centum of the quotas of the country of nationality of persons who receive immigration visas under this section shall be used in any fiscal year, and quota deductions authorized under this proviso 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.”

"(c) Notwithstanding the preferences provided by section 6 of this Act, as amended, first priority in the issuance of visas chargeable to the German or Austrian quota under the provisions of section 12 of the Act of May 26, 1924, as amended (8 U.S.C. 212), or under the provisions of this section, shall be granted to children who were sixteen years of age or under on June 25, 1948, and who prior to May 1, 1949, were legally adopted under the laws of the country in which they resided, by American citizens residing abroad temporarily. Those provisions of section 5 of this Act which relate to the contract-labor clause of the immigration laws and to the payment of ticket or passage shall be applicable to persons whose admission is authorized under the provisons of this section.

"(d) The Commission shall make the necessary arrangements incident to the transfer of persons eligible for emigration to the United States under this section

from their place of residence in Germany or Austria to the port of embarkation and from the port of embarkation to the port of entry in the United States. Notwithstanding the provisions of any other law, the Reconstruction Finance Corporation is authorized and directed, until such time as an appropriation is made for the purpose of this section, to make advances not to exceed in the aggregate $2,500,000 to the Commission which shall be employed by the Commission to finance the transportation and necessary incidents thereto of persons who are eligible for emigration to the United States under this section from their place of residence in Germany or Austria to the port of entry in the United States. No interest shall be charged on advances made by the Treasury to the Reconstruction Finance Corporation for this purpose, and the Reconstruction Finance Corporation shall be repaid without interest for advances made by it hereunder from funds made available for the purposes of this section."

Sec. ii. Section 13 of the Displaced Persons Act of 1948 is amended to read:

"Sec. 13. No visas shall be issued under the provisions of this Act, as amended, to any person who is or has been a member of the Communist Party, or to any person who adheres to, advocates, or follows, or who has adhered to, advocated, or followed, the principles of any political or economic system or philosophy directed toward the destruction of free competitive enterprise and the revolutionary overthrow of representative governments, or to any person who is or has been a member of any organization which has been designated by the Attorney General of the United States as a Communist organization, or to any person who is or has been a member of or participated in any movement which is or has been hostile to the United States or the form of government of the United States, or to any person who advocated or assisted in the persecution of any person because of race, religion, or national origin, or to any person who has voluntarily borne arms against the United States during World War II. Upon arrival at the port of entry in the United States, every person 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 has never been a member of any organization or movement named in this section, and shall be liable to prosecution for perjury if such oath or affirmation is willfully false. If any person not entitled to a visa under this section shall nevertheless gain admission to this country, in addition to the penalty above-mentioned, 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.”

Sec. 12. Section 14 of the Displaced Persons Act of 1948 is renumbered as section 15 and a new section is added to the Displaced Persons Act of 1948 to be known as section 14 and to read:

“Sec. 14. Notwithstanding the provisions of any other law, the Reconstruction Finance Corporation is authorized and direction, until such time as an appropriation is made for the purposes of this section to make advances not to exceed in the aggregate $5,000,000, to the Commission which shall be employed by the Commission for loans through public or private agencies to persons who provide assurances, or to public or private agencies to finance the reception and transportation of eligible displaced persons and eligible displaced orphans and persons authorized to be admitted under section 12 of this Act, as amended, from ports of entry within the United States or its Territories or possessions. Such loans, which shall mature not later than June 30, 1953, shall be made under rules and regulations approved by the President. No interest shall be charged on advances made by the Treasury Department to the Reconstruction Finance Corporation for the purposes of this section, and the Reconstruction Finance Corporation shall be repaid without interest for advances made by it hereunder from funds made available for the purposes of this section.”

Sec. 13. The Displaced Persons Act of 1948 is amended by adding a new section to read as follows:

"Sec. 16. Representatives of the Government of the United States are authorized to participate in a conference between affected nations for the purpose of studying and making recommendations providing for a satisfactory solution of the problems of persons of German ethnic origin who were expelled from the countries of their residence into Germany and Austria and are presently residing in those countries. The appropriation of such sums as may be necessary to carry out this section is hereby authorized.”

Sec. 14. The Displaced Persons Act of 1948 is amended by adding at the end thereof a new section to read as follows:

“Sec. 17. All transportation by ships or planes 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 planes registered under the United States flag, or by ships owned by the United States."

Approved June 16, 1950, 12:42 p.m., E.D.T.

EXECUTIVE ORDER No. 10003

13 F.R. 5819

PROVIDING FOR THE INVESTIGATION OF AND REPORT ON DISPLACED PERSONS SEEKING

ADMISSION INTO THE UNITED STATES

By virtue of the authority vested in me by section 10 of the Displaced Persons Act of 1948, approved June 25, 1948,91 and as President of the United States, it is ordered as follows:

1. The Displaced Persons Commission is hereby designated as the agency which shall, subject to the provisions of pargraph 2 hereof, make or prepare the investigations and written reports required by section 10 of the Displaced Persons Act of 1948 regarding the character, history, and eligibility under the said Act of displaced persons seeking admission into the United States.

2. The Department of State, the Department of the Army, and such other agencies of the Government as the Displaced Persons Commission may request, shals, in accordance with arrangements agreed upon between the Commission and any such department or agency, furnish the Commission such assistance as it may need in carrying out its responsibilities under paragraph 1 of this order.

HARRY S. TRUMAN. THE WHITE HOUSE,

October 4, 1948.

REFUGEE RELIEF ACT OF 1953
See Legislative History, p. 2103

CHAPTER 336–PUBLIC LAW 203

[H.R. 6481)

AN ACT For the relief of certain refugees, and orphans, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress assembled, That:
This Act may be cited as the “Refugee Relief Act of 1953”.

DEFINITIONS Sec. 2. (a) “Refugee” means any person in a country or area which is neither Communist nor Communist-dominated, who because of persecution, fear of persecution, natural calamity or military operations is out of his usual place of abode and unable to return thereto, who has not been firmly resettled, and who is in urgent need of assistance for the essentials of life or for transportation.

(b) "Escapee” means any refugee who, because of persecution or fear of persecution on account of race, religion, or political opinion, fled from the Union of Soviet Socialist Republics or other Communist, Communist-dominated or Communist occupied area of Europe including those parts of Germany under military occupation by the Union of Soviet Socialist Republics, and who cannot return thereto because of fear of persecution on account of race, religion or political opinion.

(c) “German expellee" means any refugee of German ethnic origin residing in the area of the German Federal Republic, western sector of Berlin, or in Austria who was born in and was forcibly removed from or forced to flee from Albania, Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania, Union of Soviet Socialist Republics, Yugoslavia, or areas provisionally under the administration or control or domination of any such countries, except the Soviet zone of military occupation of Germany.

(d) “Administrator” means the administrator of the Bureau of Security and Consular Affairs established in the Department of State pursuant to subsection (b) of section 104 of the Immigration and Nationality Act."

9150 U.S.C.A. Appendix, $ 1959. 18 U.S.C.A. $ 1104.

SPECIAL NONQUOTA VISAS; NUMBERS Sec. 3. There are hereby authorized to be issued two hundred five thousand special nonquota immigrant visas to aliens, specified in section 4 of this Act, seeking to enter the United States as immigrants and to their spouses and their unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, if accompanying them.

ALLOCATION OF SPECIAL NONQUOTA VISAS Sec. 4. (a) Special nonquota immigrant visas authorized to be issued under section 3 of this Act shall be allotted as follows:

(1) Not to exceed fifty-five thousand visas to German expellees residing in the area of the German Federal Republic or in the western sectors of Berlin or in Austria: Provided, That the visas issued under this paragraph shall be issued only in the German Federal Republic or in the western sector of Berlin or in Austria.

(2) Not to exceed thirty-five thousand visas to escapees residing in the area of the German Federal Republic or the western sectors of Berlin or in Austria: Provided, That the visas issued under this paragraph shall be issued only in the German Federal Republic or in the western sector of Berlin or in Austria.

(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, 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.

(4) Not to exceed two thousand visas to refugees who (a) during World War II were members of the armed forces of the Republic of Poland, (b) were honorably discharged from such forces, (c) reside on the date of the enactment of this Act in the British Isles, and (d) have not acquired British citizenship.

(5) Not to exceed forty-five thousand visas to refugees of Italian ethnic origin, residing on the date of the enactment of this Act in Italy or in the Free Territory of Trieste: Provided, That such visas shall be issued only in the area or areas mentioned in this paragraph.

(6) Not to exceed fifteen thousand visas to persons of Italian ethnic origin, residing on the date of the enactment of this Act in Italy or in the Free Territory of Trieste, who qualify under any of the preferences specified in paragraph (2), (3) or (4) of section 203(a) of the Immigration and Nationality Act:? Provided, That such visas shall be issued only in Italy or in the Free Territory of Trieste.

(7) Not to exceed fifteen thousand visas to refugees of Greek ethnic origin residing on the date of the enactment of this Act in Greece: Provided, That such visas shall be issued only in Greece.

(8) Not to exceed two thousand visas to persons of Greek ethnic origin, residing on the date of the enactment of this Act in Greece, who qualify under any of the preferences specified in paragraph (2), (3) or (4) of section 203(a) of the Immigration and Nationality Act: Provided, That such visas shall be issued only in Greece.

(9) Not to exceed fifteen thousand visas to refugees of Dutch ethnic origin residing on the date of the enactment of this Act in continental Netherlands: Provided, That such visas shall be issued only in continental Netherlands.

(10) Not to exceed two thousand visas to persons of Dutch ethnic origin, residing on the date of the enactment of this Act is continental Netherlands, who qualify under any of the preferences specified in paragraph (2), (3) or (4) of section 203(a) of the Immigration and Nationality Act: Provided, That such visas shall be issued only in continental Netherlands.

(11) Not to exceed two thousand visas to refugees, residing within the district of an American consular office in the Far East: Provided, That such visas shall be issued only in said consular office district and only to refugees who are not indigenous to the area described in this paragraph.

(12) Not to exceed three thousand visas to refugees, residing within the district of an American consular office in the Far East: Provided, That such visas shall be issued only in said consular office district and only to refugees who are indigenous to the area described in this paragraph.

(13) Not to exceed two thousand visas to refugees of Chinese ethnic origin whose passports for travel to the United States are endorsed by the Chinese National Government or its authorized representatives.

(14) Not to exceed two thousand visas to refugees who on the date of the enactment of this Act are eligible to receive assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East: Provided, That such visas shall be issed only in the area described in this paragraph.

28 U.S.C.A. $ 1153.

(b) The allotments provided in subsection (a) of this section shall be available for the issuance of immigrant visas to the spouses and unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, referred to in section 3 of this Act, of persons referred to in subsection (a) of this section.

ORPHANS Sec. 5. (a) Not to exceed four thousand special nonquota immigrants visas may be issued to eligible orphans as defined in this Act who are under ten years of age at the time the visas is issued: Provided, That not more than two such special nonquota immigrant visas may be issued to eligible orphans adopted or to be adopted by any one United States citizen and spouse, unless necessary to prevent the separation of brothers or sisters.

(b) When used in this Act the term "eligible orphan" shall mean an alien child (1) who 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 has in writing irrevocably released him for emigration and adoption; (2) (a) who has been lawfully adopted abroad by a United States citizen and spouse, or (b) for whom assurances satisfactory to the consular officer to whom a visa application on behalf of the orphan is made, have been given by a United States citizen and spouse that if the orphan is admitted into the United States they will adopt him in the United States and will care for him properly; and (3) who is ineligible for admission into the United States solely because the nonpreference portion of the quota to which he would otherwise be chargeable is oversubscribed by applicants registered on the consular waiting list at the time his visa application is made: Provided, That no natural parent of any eligible orphan who shall be admitted into the United States pursuant to this Act shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.

(c) The assurances required in this section shall be in lieu of the assurances required in section 7 of this Act.

ADJUSTMENT OF STATUS Sec. 6. Any alien who establishes that prior to July 1, 1953, he lawfully entered the United States as a bona fide nonimmigrant and that because of events which have occurred subsequent to his entry into the United States he is unable to return to the country of his birth, or nationality, or last residence, because of persecution or fear of persecution on account of race, religion, or political opinion, may, within one year after the effective date of this Act, apply to the Attorney General of the United States 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 the alien was physically present in the United States on the date of the enactment of this Act and is otherwise qualified under all other provisions of the Immigration and Nationality Act except that the quota to which he is chargeable is oversubscribed, the Attorney General shall report to the Congress all the pertinent facts in the case. If, during the session of the Congress in which a case is reported or prior to the end of the session of the Congress next following the session in which a case is reported, the Congress passes a concurrent resolution stating in substance that it approves the granting of the status of an alien lawfully admitted for permanent residence to such alien, the Attorney General is authorized, upon the payment of the required visa fee, which shall be deposited in the Treasury of the United States to the account of miscellaneous receipts, to record the alien's lawful admission for permanent residence as of the date of the passage of such concurrent resolution. If, within the above specified time, the Congress does not pass such a concurrent resolution, or, if either the Senate or the House of Representatives passes a resolution stating in substance that it does not approve the granting of the status of an alien lawfully admitted for permanent residence, the Attorney General shall thereupon deport such alien in the manner provided by law: Provided, That the provisions of this section shall not be applicable to any aliens admitted into the United States under the provisions of Public Law 584, Seventy-ninth Congress, second session (60 Stat. 754), · Public Law 402, Eightieth Congress, second session (62

3

350 U.S.C.A. Appendix, 88 1619, 1641. * 22 U.S.C.A. 88 1431 et seq.

« FöregåendeFortsätt »