HORTON BILL PROVIDES COMPREHENSIVE REVSION OF U.S. IMMIGRATION LAWS

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May 28, 1964
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1964 Approved For 68"&14W RT&M66En8f000100100003-5 (1807 when they will be stable, self-supporting, All this amounts 'to less than one-third The budgets for education have increased and self-respecting. of 1 percent of our total annual income- by 13 percent a year and 5 million more chil- Our aid to Latin America, it again is clear and which is to be spread among 20 nations dren went to school in 1962 over 1960. In my own mind, is helping to achieve, with a population nearly 25 million more The total capital investment for water and maintain and expand the sales of U.S. than our own, some 220 million people. sewage projects, stimulated by the Alliance goods-and to satisfy the "consumption ex- I don't believe I have to dwell on the for Progress, was the equivalent of over $300 plosion" that is occurring in almost every importance of Latin America to us, and to million in 1962. country of the region, the free world. It is an area for which we Our aid to Latin America, I can show you, of the United States have long felt a special is no giveaway program. Eighty percent relationship-because our revolution spurred of it is in the form of loan. And Latin their revolutions; because they, too, had been Americans already have repaid around 30 colonial peoples; because we together were percent of all that they have borrowed, with a part of the New World; because we have repayment records the same as you would worked together, through the Pan American expect at your neighborhood bank. Union and the Organization of American Our aid to Latin America, I can assure States, in peace and in war. you, is being used effectively. It is zeroed in But more than that, Latin America is an on vital targets for Latin American develop- area which is "committed" to the West, and ment, in line with the best thinking that the identified with the West. Any further Infil- Latin Americans and we can give for its tration of the region by international com- utilization. It is extended to those nations munism would constitute a defeat for the which are doing most to help themselves. West in the cold war. II The Alliance for Progress, by bringing All of this is being done as the Charter progress without tyranny, prevents the of Punta del Este, which established the Al- spread of tyranny. liance for Progress, prescribed. III This charter, as you know, was drafted at The Alliance fob Progress, as I have in- Punta del Este, Uruguay, in August 1961, dicated, is a 10-year program. Only 3 years and was signed by all of the American Re- have elapsed since President Kennedy issued publics, with the exception of Cuba. the call for the meeting which was to draft The United States had asked for the con- the Charter of Punta del Este. Only 21/z vocation of the meeting, in compliance with years have passed since the charter itself President John F. Kennedy's speech of, March was signed. Only 2 years have gone by since 13, 1961, in which he called for the estab- the machinery required for the Alliance- lishment gf an Alliance for Progress-a vast in the international sphere, in Latin America, cooperative effort of the American Republics and in the United States-was in order. for a democratic decade of development. Yet these 2 years have seen very substan- It should aim, he said, at providing schools, tial progress-both visible and invisible, homes, work, and land for Latin Americans. tangible and intangible. In this, he caught the spirit of the "revolu- As far as U.S. assistance under the Al- tion of rising expectations" in Latin America. liance is concerned, we estimate that by next The Alliance for Progress meant that the June 30, our aid will have helped Latin United States was fully ready to. meet the Americans: Erect 220,000 houses, build demand for change. 23,400 school classrooms, produce nearly 7 Nevertheless, as both President Kennedy million textbooks, construct over 1,000 well and the charter made clear, the basic re- and water supply systems, extend over sponsibility for fulfilling the objectives of 200,000 agricultural credit loans, and provide the Alliance rested with the Latin Amer- health service through over 500 hospitals, scans themselves. health centers, and mobile health units. As President Kennedy said: These totals, frankly, are small, when "Only the most determined efforts of the compared with the needs. But the fact that American nations themselves can bring suc- this much has been done, in so short a space cess to this effort. They, and they alone, of time, is indicative of the vigor of the new can mobilize their resources, enlist the institutions for growth and development energies of their people, and modify their which are being created, and of the total social patterns so that all, and not just a ferment which is going on in Latin America. privileged few, share in the fruits of growth. Latin Americans, contrary to what some If this effort is made, then outside assistance of you may have read, are shouldering an will give a vital impetus to progress; without increased share of the burden necessary for it, no amount of help will advance the wel- development. They are changing their land fare of the people." and tax systems, they are mobilizing their Although the Alliance has been likened in own savings, through rapidly increasing num- Latin America to the Marshall plan, there is bers of credit unions and savings and loan little in common except that both are truly associations; they are spending more of their massive efforts. The Marshall plan sought national budgets-proportionately-on edu- the reconstruction of a wartorn Europe. The cation; they are earmarking more of their Alliance for Progress seeks the economic and own money for water and sewerage systems; social development of Latin America-a far and they are drawing up and abiding by na- more difficult task, since more people have tional plans for development. to be trained and more institutions created.. .,For instance, in the crucial field of taxa- less than the Marshall plan, and spread over have brought about improvement in adman- a longe of years-10 as 4. and You simply cannot move as swiftly when you seven countries have begun major reform are starting from a lower level of develop- programs. The revenue producing effects of ment, the reforms will show up even more dramatic- ally in the future. The total external needs for achieving the In the field of land reform, there has been goals of Alliance for Progress, the Charter more activity than in any similar period since of Punta del Este estimates, are $20 billion. the wars of independence. Since 1960, 12 Of this, the United States is to provide a nations have passed agrarian reform legisla- major share-or roughly $1 billion a year. tion and 12 have created new land reform This money comes from a variety of institutions. The emphasis is not solely on sources-from my own Agency for Inter- dividing up land, but on the equally as com- national Development, in the form of loans plicated problems of improving productivity and technical assistance-from loans by the and marketing. Export-Import Bank, other loans and grants In mobilizing domestic savings, 400 credit from the Social Progress Trust Fund of the unions have been established, and 70 savings Inter-American Development Bank, from and loan associations established, with say- sales of surplus U.S. farm commodities, and ings and loan legislation enacted in nine even from the Peace Corps. Latin American countries. Nine countries have prepared national de- velopment plans, and eight have been sub- mitted for review by the Organization of American States. Iv The more important development, how- ever, has been the least tangible. This is the rising spirit in support of development, the desire for development, the training for de- velopment, the willingness to participate actively in development. It is not by accident that the political parties of Latin America, more and more, are basing their programs on development-on what they can do to bring progress to their people, on the best ,ways and means of ad- vancing development. From thousands of hustings in Latin America, over the radios, over the television stations, this debate is going on. And, mark this well, is going- on in a context of free- dom, There is the assumption that develop- ment must take place in freedom, with liberty. Those who advocate totalitarian methods are in the minority throughout Latin America. All of this, this economic, social, and po- litical ferment, is producing and will produce still more adherence to the Alliance for Progress, still more visible fruits of the Alliance. V So why the controversy over foreign aid? The program already has achieved much, in an area vital to the United States, and at a .cost which is relatively little. I have a few tentative conclusions-on the basis of my experience in Latin America. Too frequently we receive only negative accounts of what is happening, perhaps on the theory that good news is no news. Re- porting from abroad, and from Latin Amer- ica in particlular, tends to concentrate on the troubles, the coups, the revolutions, the occasional failures of the nations there. Only rarely do we see the positive stories of the better life that is beckoning more and more-although still an inadequate num- ber-of the people. We should not let our own judgments- the judgments of a majority of our people- be swayed by the cheaply sensational, the surface accounting, the cynical viewpoint. In Latin America, the Alliance for Prog- ress is our chief hope for a better hemisphere and a better world. We cannot let it fail. APPEASEMENT OF NASSER MUST CEASE (Mr. RYAN of New York asked and was given permission to address the House for 1 minute to revise and extend his remarks and to include extraneous matter.) Mr. RYAN of New York. Mr. Speak- er, I was dismayed to read in today's New York Times that: The United States, over the objections of its Western European allies, has virtually forced through the International Monetary Fund a $40 million loan to the United Arab Republic that sets precedents in its liberal terms. The article goes on to say that the loan was opposed by the U.S. Treasury. Among the 102 member nations in the International Monetary Fund the United States has the overwhelmingly largest individual vote-26.4 percent. Be- Approved For Release 2004/11/29 : CIA-RDP66B00403R000100100003-5 Approved For Release 2004/11/29 : CIA-RDP66B0N4Q.?~00100100003-5 CONGRESSIONAL RECORD - VV cause the United States has contributed $4.1 billion out of the $15 billion fund, the United States can control the deci- sions of the Fund. Power, however, must be accompanied by responsibility. According to the New York Times, the Nasser loan broke a long standing rule of the Fund that a country will receive loans "only if it adopts austere internal financial policies to strengthen its cur- rency, halt inflation, and improve its in- ternational balance of payments." The United Arab Republic did not meet these qualifications. When Latin America and other countries attempt to receive Inter- national Monetary Fund loans, they are held to the strict standards of the Fund. Why the exception;or Nasser? In my opinion the loan represents an- other step in the appeasement policy of the United States toward Nasser and the United Arab Republic. It is no accident that this loan was approved within 1, week of Khrushchev's visit to Egypt. Egypt should not be allowed to use its relations with the Soviet Union as black- mail against the United States. The ap- peasement represented by this loan con- tradicts the policy of the Foreign Aid Act passed by Congress, which states that foreign aid should be terminated to any country which is planning ag- gression against any other country re- ceiving U.S. foreign aid. The legislative history makes it clear that Congress in- tended this section to apply to Egypt. At a time when Egypt is engaged in arr arms buildup with the avowed pur- pose of destroying the democracy of Is- rael, I am informed by the International Monetary Fund, that this $40 million loan is to be used for imports, and under the terms of the loan Nasser can use the loan to import military material. Mr. Speaker, I have protested to the state Department and asked for a full explanation of this scandalous transac- t; ion. CORRECTION OF THE RECORD Mr. O'HARA of Illinois. Mr. Speaker, ii.r:. justice to General Shuler Wid to avoid any possible Misinterpretation of my re- ra.arks in a sense unintended by me as a reflection upon a very fine and highly respected officer of the U.S. Army I ask unanimous consent that my remarks ap- pearing on page 11575 of the CONGRES- SIONAL RECORD of May 26, 1964, be cor- .uected by deleting the fourth paragraph in column 3 beginning with the word ".f" and the two following paragraphs ending with the words "provide housing for civilian workers." I have no personal quarrel with this fine officer. The SPEAKER pro tempore (Mr. Ai.- uERT). Is there objection to the request of the gentleman from Illinois? There was no objection. ACT AMENDMENTS OF 1964 (Mr. REID of New York asked and 'a'as given permission to address the :House for 1 minute to revise and extend his remarks, and to include extraneous matter.) Mr. REID of New York. Mr. Speak- er, I am introducing today a compre- hensive revision of our immigration laws. Our present immigration policy-based on national origins-is seriously discrim- inatory. Our quota system is sadly out of date; 44 years out of date. It is still figured on the census of 1920. It discriminates flagrantly in favor of northern and western Europeans and against southern Europeans. Is there any justice in the fact that Italy, with 51 million people, has a quota of only 5,666 a year while Great Britain, with 53 million, has a quota of 65,000? Is there any logical reason why Greece .with 8,500,000 people is allowed only 308 immigrants per year while Sweden, with less than 7,500,000, has 3,300-10 times as many? Nor is that the end of the unfair dif- ferences of treatment. An American who has a Swiss brother can get him admitted at once. But his neighbor, whose sister is Italian, may have to wait years to get her a quota number-under our regular immigration law. Both are Americans and both have the American sense of fairness, and both, therefore, would be equally offended by such un- equal and inequitable treatment. We make a fetish out of the quota system, yet the facts show we ignore it about as often as we use it. In the last 10 years, one million im- migrants came here under quotas which would have allowed 1,500,000 to enter- which means one-third of those quotas were wasted on countries which did not use them. In the same period 1,500,000 other im- migrants came in outside the quotas- under special and temporary legislation and exceptions, such as were needed, for example, to give asylum to the gallant freedom fighters of Hungary. That means that 3 out of every 5 im- migrants during that decade came in out- side the quotas. Since we wanted them to come, it seems clear that they should have been able to come within the basic law rather than as exceptions to it. I submit that when three-fifths of a law's results are exceptions to it. it is high time to change the law. Mr. Speaker, this bill embodies some principles and suggestions first put for- ward by former President Eisenhower more than 7 years ago. The major pro- visions in the bill include: First. A fundamental revision of the National Origins Quota System. A con- cept of racial or ethnic origin for orien- tals is abolished. This is the so-called Asia-Pacific triangle concept. A per- son's nationality under this bill would he determined by the place of his birth. A person of Chinese ancestry born in Brazil would be treated as a Brazilian rather than as a Chinese for purposes of immi- gration. An approximate doubling of the pres- ent 155,000 quota numbers to 300,000 an- nually; and the basing of future quotas May 28 proportion to actual immigration and proven desire to enter the United States between 1924 and 1964. The actual in- crease in those coming to the United States would be negligible as special leg- islation regularly admits about 150,000 per year outside the official quota num- bers. Second. Unused quotas in any given year would be redistributed from coun- tries which do not use them-the United Kingdom- to countries which need them but do not have enough quota numbers- Italy. This redistribution would only be within each of four major regions: Europe, Asia, Africa, and Australasia- not between any of the four. Third. Quota preferences are broad- ened and parents of U.S. citizens are made nonquota and would be promptly admitted. The uniting of families is im- portant to this country and should be made a reality for many who are now tragically separated. Fourth. Minimum quotas shall be doubled to 200-this includes dependent territories. Fifth. Provision Is made for annual parole of refugees and escapees into the United States up to a number of 15,000- or up to any number if the President de- cides an emergency exists. Such refu- gees may be given immigration status after 2 years in numbers up to 25,000 per year. Sixth. Second-class citizenship as be- tween - native-born and naturalized Americans is abolished. This places in legislation that principle which the Supreme Court has recently affirmed. Seventh. A fourth preference is estab- lished for brothers, sisters, married sons and daughters of U.S. citizens, thus dou- bling, the number of visas available to them under former provisions, and par- ents of resident aliens are added to the preference list. Unused numbers are made available to persons willing to work at jobs for which a shortage of willing workers exists in the United States. Eighth. Quotas are abolished for all independent countries and islands in the Americas. Ninth. Provisions for naturalizing per- sons who have served honorably in our Armed Forces are liberalized. Mr. Speaker, we are truly a nation of immigrants. If we would honor our heritage we must put an end-here and now-to discriminatory national origins quotas, second-class citizenship, and divided families. F:f.R. 11437 A bill to amend titles I, It, and III of the Immigration and Nationality Act 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 "Immigration and Nationality Act Amendments of 1984." Section 201 of the Immigration and Na- tionality Act (66 Stat. 175; 8 U.S.C. 1151) is amended to read as follows: "NUMERICAL LIMITATIONS; ANNUAL QUOTA BASED UPON NATIONAL ORIGIN; MINIMUM QUOTAS number of people in the United States as be a number equal to one-sixth of 1 per- determined by any future U.S. census. A centum of the number of inhabitants in the quota figure thus obtained would be dis- United States, as determined by the latest tributed among the various nations in official United States census. Approved For Release 2004/11/29 : CIA-RDP66B00403R000100100003-5 1964 ""` Approved For F iU~~tESSIUN/AL : $66B bTJJE000100100003-5 11809 "(2) The annual quota shall be distrib- uted in the following manner: "(A) Each quota area shall first be al- located the same quota it received under the law in existence prior to the enactment of this Act; "(B) The quota for each minimum quota area as heretofore determined under the law in existence prior to the enactment of the Act shall be increased by one hundred num- bers, and any other quota shall be increased as required so that no quota area has less than two hundred and the total. of such in- creases shall be deducted from the remainder of the annual quota; "(C) The rest of the annual quota shall then be distributed. among the several quota areas in proportion to the actual immigra- tion into the United States of immigrants attributed to each such quota area between July 1, 1924, and July 1, 1963, regardless of whether such immigration was quota of non- quota; except no country in a quota area shall have its quota increased which has a quota in excess of one thousand per year, and which has had unused quota numbers in a majority of the years July 1, 1950, to July 1, 1963. "(b) The. determination of the annual quota of any quota area shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, joint- ly. Such officials shall, jointly, report to the President the quota of each quota area, and the Secretary of State shall prescribe by regulation and make known the quotas so reported. Such determination and report shall be made and such regulation shall be issued as soon as practicable after the date of enactment of this amendment. Quotas prescribed therein shall take effect on the first day of the fiscal year or the next fiscal half year, next following the expiration of six months after the date of the regula- tion, and until such date, the existing quotas prescribed under this Act shall remain in effect. After the making of a regulation the quotas prescribed therein shall continue with the same effect as if specially stated herein and shall be final and conclusive for every purpose, except (1) insofar as it is made to appear to the satisfaction of such officials and prescribed by the Secretary of State, that an error of fact has occurred in such determi- nation or in such regulation, or (2) in the case provided for in section 202(e). "(c) Except as otherwise provided in sub- section (e) there shall be issued to quota im- migrants chargeable to any quota (1) no more immigrant visas in any fiscal year than the quota for such year, and (2) in any cal- endar month of any fiscal year, no more im- migrant visas than 10 percent of the quota for such year; except that during the last two months of any fiscal year immigrant visas may be issued without regard to the 10 per- cent limitation contained herein. "(d) Nothing in this Act shall prevent the issuance (without increasing the total num- ber of quota immigrant visas which may be issued) of an immigrant visa to an immi- grant as a quota immigrant even though he is a nonquota immigrant. "(e) (1) There shall be established a quota pool for each of four geographical regions, that is, Europe, Asia, Africa and Australasia. For purposes of this section, the Secretary of State shall have the discretion to fix the boundaries of the areas within each region. The boundaries of the areas within each re- gion as determined by the Secretary of State shall be reported to the Congress yearly. "(2) Quota numbers of all quota areas within a region authorized under the provi- sions of subsection (a), which have not been Issued at the termination of a fiscal year, shall be assigned to the pool of the region within which the respective quota areas are situated. "(3) The Secretary of State shall, at the end of each fiscal year determine the amount of quota numbers in each regional quota pool. He shall prescribe the number thereof on or before October 1 following the end. of each fiscal year. The quota numbers so de- termined and prescribed by the Secretary of State shall be available for use in the follow- ing manner, during the ensuing twelve month period, beginning October 1, and end- ing September 30 of the following, year: "(A) the quota numbers in each regional pool shall be issued to qualified quota immi- grants from any quota area in the respective region; "(B) the exceptions to the determination of the quota to which an immigrant is chargeable, specified in section 202(a) in re- spect to quota areas, shall apply in deter- mining the region to which an immigrant is chargeable under this subsection; "(C) there shall be Issued to qualified quota immigrants under this subsection im- migrant visas in the manner and to the preference classes specified in section 203 (a); except that an eligible immigrant shall be entitled to receive such a visa Only if there is not immediately available to him an immigrant visa under the quota specified in subsection (a); "(D) quota immigrant visas issued to aliens under this subsection shall be issued in the order specified in subsections (b) and (c) of section 203; "(E) there shall be issued to quota immi- grants eligible to receive immigrant visas from any regional quota pool under this sub- section in any calendar year of the twelve month period specified in this paragraph no more immigrant visas than 10 percent of the regional quota pool for such twelve month period, except that during the last two months of such twelve month period immigrant visas may be issued without re- gard to such limitation; "(F) quota numbers not used during the twelve month period specified in this para- graph shall not be available for use at any other time." SEC. 2. Section 202 (c) of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 1152 (c)) is amended to read as follows: "(c) Any immigrant born in a colony or other component or dependent area of a governing country for which no separate or specific quota has been determined, unless a nonquota immigrant as provided in section 101(a)(27) of this Act, shall be chargeable to the quota of the governing country, ex- cept that not more than two hundred per- sons born In any one such colony or other dependent or component area overseas from the governing country in any one year shall be so chargeable. A number not exceeding 200 immigrant visas authorized in any one year under the provisions of subsection (e) of section 201 respecting regional quota pools, shall be available to persons born in any colony or other component or depend- ent area described in this subsection. Such visas shall come from the regional quota pool of the region in which the governing country is a quota area." SEC. 3. Section 202(a) (5) and 202(b) of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 1152 (a) (5)) are repealed. SEC. 4. Section 203 of the Immigration and Nationality Act (66 Stat. 176; 8 U.S.C. 1163) is amended to read as follows: "ALLOCATION OF IMMIGRANT VISAS WITHIN QUOTA AREAS "SEC. 203. (a) Immigrant visas to quota are registered in each class on quota waiting Immigrants shall be allocated in each fiscal lists which shall be maintained for each year as follows: quota in accordance with regulations pre- "(1) The first 50 percentum of the quota of scribed by the Secretary of State. each quota area for such year, plus any por- "(d) In determining the order for consid- tion of such quota not required for the issu- eration of applications for quota immigrant ance of immigrant visas to the classes speci- visas under subsection (a) consideration fied in paragraphs (2) and (3) shall me made shall be given first to applications under available for the issuance of immigrant visas paragraph (1), second to applications under (A) to qualified quota immigrants whose paragraph (2), third to applications under bervices are determined by the Attorney paragraph (3), fourth to applications under General to be especially advantageous to the United States becausQ of the high edu- cation, technical training, specialized experi- ence, or exceptional ability of such immi- grants and to be substantially beneficial prospectively to the national economy, cul- tural interests, or welfare of the United States, and (B) to any qualified quota im- migrant who is the spouse or child of any immigrant described in clause (A) if accom- panying or following to join him. "(2) The next 20 percentum of the quota for each quota area for such year, plus any portion of such quota not required for the is- suance of immigrant visas to the classes specified in paragraphs (1) and (3), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the unmarried sons or daughters of citizens of the United States. "(3) The next 20 percentum of the quota for each quota area for such year, plus any portion of such quota not required for the is- suance of immigrant visas to the classes specified in paragraphs (1) and (2) shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the spouses or the unmarried sons or daugh- ters of aliens lawfully admitted for perma- nent residence. "(4) The remaining 10 percentum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), and (3) shall be made available for the Issuance of immi- grant visas to qualified quota immigrants who are (A) the brothers, sisters, married sons or married daughters of citizens of the United States (such citizens being at least twenty-one years of age) or parents of aliens lawfully admitted for permanent residence, and (B) the spouse and children of any im- migrant described in clause (A) if accom- panying or following to join him. Qualified quota immigrants capable of performing specified functions for which a shortage of employable and willing persons exists in the United States shall be entitled to a prefer- ence not to exceed 50 percentum of the immi- grant visas remaining available for issuance under this paragraph after the preference to the named relatives of the United States citi- zens and resident aliens is satisfied or ex- hausted. "(5) Any portion of the quota for each quota area for such year not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), (3), and (4) shall be made available for issuance of immigrant visas to other qualified quota im- migrants chargeable to such quota. "(b) Quota immigrant visas issued pur- suant to paragraph (1) of subsection (a) shall in the case of each quota area, be issued to eligible quota immigrants in the order in which a petition on behalf of each such im- migrant is filed with the Attorney General as provided in section 204 and shall be issued in the first calendar month after receipt of notice of approval of such petition on which a quota number is available for an immigrant chargeable to such quota area. "(c) Quota immigrant visas issued to al- iens in the classes designated in paragraphs (2), (3), (4), and (5) of subsection (a) shall in the case of each quota be issued to qual- ified quota immigrants strictly in the chro- nological order in which such immigrants Approved For Release 2004/11/29 : CIA-RDP66B00403R000100100003-5 Approved For Release 2004/11/29 : CIA-RDP66B00403R000100100003-5 -- 111110 CONGRESSIONAL RECORD - HOUSE May `'8 paragraph (4) and fifth to applications un- case is reported, or prior to the close of the which a quota is available, but no quota der paragraph (5). session of Congress next following the sea- shall be so reduced by more than 50 per- "(r) Every immigrant shall be presumed sion at which a case is reported, either the -centum in any fiscal year. to be a quota immigrant until he establishes Senate or House of Representatives passes a SEC. 8. Notwithstanding the provisions of to the satisfaction of the consular officer, at resolution stating in substance that it does the Immigration and Nationality Act (66 the time of appliication for a visa, and to not favor the adjustment of status of such Stat. 163), or any other law, the Attorney the immigration officers, at the time of ap- alien, the Attorney General shall thereupon General is authorized, in his discretion tr plication for admission, that he is a non- require the departure of such alien in the suspend deportation and adjust the status quota immigrant. Every quota immigrant manner provided by law. If neither the to that of an alien lawfully admiled for shall be presumed to be a nonpreference Senate or the House of Representatives permanent residence in the case of any alien cuoaa immigrant until he establishes to the passes such a resolution within the time within the United States who is deportable satisfaction of the consular officer and the above specified, the alien shall be regarded under any law of the United States and immigration officers that he is entitled to a as lawfully admitted to the United States who- preference quota status under paragraphs for permanent residence as of the date of (1) has served honorably in an active duty (1) , (2), (3), or {4) of subsection (a)." the alien's last arrival in the United States. status in the military, air, or naval forces of ass. 5. (a) Paragraph (5) of subsection (d) "(10) The number of aliens who may be the United States in time of war or during of section 212 of the Immigration and Na- granted the status of aliens lawfully ad- a period declared by the President to be a tio'ality Act (61 Stat. 188; 8 U.S.C. 1182 (d) mitted for permanent residence pursuant to period of national emergency, or who, if Sep- (5)), is amended (1) by inserting "(A)" paragraph (9) of this subsection, shall not, arated from such service, was separated =dn- imrnediately after "(5) ", and (2) by adding unless otherwise provided specifically by a der honorable conditions; or at the end thereof the following new para- joint resolution of the Congress, exceed (2) Is the spouse, child, parent, sister, un- frapust 25,000 in any fiscal year." married son or daughter (including stepsons "' j13) (f) As used in this subparagraph, the SEC. 6. Section 245(a) of the Immigration and stepdaughters and legally adopted sons terc:n 'escapee' means any alien (A) who be- and Nationality Act (8 U.S.C. 1255 (a)) is or daughters) of a citizen of the United catre of persecution or fear of persecution amended by striking out "or paroled into States or of an alien lawfully admitted for on account of race, religion, or political opin- the United States" and inserting in lieu permanent residence; or ion has fled or shall flee from any Commu- thereof "into the United States (other than (3) is authorized to perform the miltis- nist, Communist-dominated or Communist- under section 212 (d) (5) ". terial or priestly functions of a recognized occupied area, or from any country within SEC. 7. Notwithstanding the provisions of religious denomination or who Is engaged the general area of the Middle East, and who the Immigration and Nationality Act (66 by a recognized religious denomination or cannot return to such area or country on Stat. 162) or any other law, an alien who- by an interdenominational mission organi- account of race, religion, or political opia- (1) has served honorably in an active duty zation in the United States as a missionary for.., or (B) who is out of his usual place of status in the military, air, or naval forces brother, sister, or nun; abode because of a natural calamity, military of the United States in time of war or dur- if the Attorney General is of the opinion operations, or political upheaval, and who ing a period declared by the President to be ? that such action would not be contrary to is in a country or area which is neither a period of national emergency, or who, if the national Interest, safety, or security. Communist nor Communist dominated, and separated from such service, was separated The Secretary of State shall, if the alien was (C) who has not firmly resettled and is in under honorable conditions; or not classified as a quota immigrant at the urgent need of assistance for the essentials (2) is the spouse, child, parent, brother, time of entry, reduce by one the quota of of life. sister, unmarried son or daughter (includ- the quota area to which the alien is Charge- "(ii) Whenever the President shall feel Ing stepsons and stepdaughters and legally able for the fiscal year then current or the that a situation has arisen causing the crew- adopted sons or daughters) or a citizen of next following fiscal year in which a quota tiorr of a class cr classes of aliens and es- the United States or of an alien lawfully is available, but no quota shall be reduced ccapees and that it would be in the interest admitted for permanent residence, or an by more than 50 percent in any fiscal year. of uie United States to permit their prompt alien who has been issued an immigrant SEC. 9. The definitions contained in see- entry into the United States, he may by visa; or tions 101 (a) and (b) of the Immigration and proclamation direct the Attorney General to (3) is authorized to perform the minis- Nationality Act (66 Stat. 166, 171) shall be parole into the United States escapees se- terial or priestly functions of a recognized applicable in the administration of sections lected by the Secretary of State. The Attor- religious denomination, or who is engaged 5 and 6. rev General is authorized, in the absence by a recognized religious denomination or by SEC. 10. The number of aliens who shall be of any such proclamation by the President, an interdenominational mission organization granted the status of aliens lawfully ad- to parole into the United States escapees having a bona fide organization in the Unit- mitted for permanent residence in any fiscal selected by the Secretary of State, and the ed States as a missionary, brother, nun, or year, pursuant to sections 5 and 6 shall not spr,use and children of such escapees if ac- sister; exceed five thousand. cornpanying or following to join him, except and who is applying for an immigrant visa SEC. 11. Paragraph (27) (A) of section 101, that the total number of aliens paroled into and is known or believed by the consular (a) of the Immigration and Nationality Act the United States under this provision in officer to be ineligible for such visa under (66 Stat. 169; 8 U.S.C. 1101(a) (27) (A)) is any fiscal year shall not exceed 15,000." any provision of said Act (other than par- amended to read as follows: (b) Subsection (d) of section 212 of the graph (13), (14), (15), (22), (23), (27), or "(A) an immigrant who is the child, Immigration and Nationality Act (66 Stat. (29) of section 212 (a)) may, after approval spouse, or parent of a citizen of the United 18K; 8 U.S.C. 1162 (d)) is hereby amended by theAttorney General of a recommenda- States;". by adding at the end thereof the following tion by the Secretary of State or by the SEC. 12. Paragraph (27) (C) of section 101 new paragraphs: consular officer that the alien be admitted, (a) of the Immigration and Nationality Act (9) (A) Notwithstanding any other pro- be granted a visa and admitted into the (66 Stat. 169; 8 U.S.C. 1101(a) (27) (C)) is vi,=ion of this Act or any other law, any United States in the discretion of the At- amended to read as follows: alien who is or has been paroled in the torney General; or who is Inadmissible un- "(C) an immigrant who was born in any United States by the Attorney General under der any provision of such Act (other than independent immigrant who North, any the authority of paragraph (5) of this sub- section 212 (a) (13), (14), (15), (22), (23), ind country was n- section and has not otherwise acquired per- (27), or (29) ), but who is in possession of tral or aen South foreign America gn any independent miaaient residence status in the United States appropriate documents or is granted a waiver island country adjacent thereto or in the miy apply to the Attorney General for ad- thereof and is seeking admission, may be ad- Canal Zone and the spouse and children of ju.+tment of his status to that of an alien misted into the United States in the discre- any such immigrant if accompanying or lawfully admitted for permanent residence, tion of the Attorney General, if the At- following to join him;". Ui If it shall appear to the satisfaction torney General is of the opinion that such SEC. 13. The proviso to section 223(b) of of the Attorney General that the alien has action with respect to such alien would not the Immigration and Nationality Act (66 retrained In the United States for at least be contrary to the national interest, safety, Stat. 194; 8 U.S.C. 1203 (b) is amended to read tvio years, is a 'person of good moral char- or security. Admission to the United States as follows: as ter, and that such action would not be under the provisions of this section shall be "Provided, That the Attorney General may contrary to the national welfare, safety, or in accordance with such terms, conditions, in his discretion extend the validity of the security, the Attorney General, in his dis- and controls, if any, including the giving of permit for a period or periods not exceeding cretion, may record the alien's lawful admix- a bond, as the Attorney General, in his dis- one year in the aggregate: Provided further, sun for permanent residence as of the date cretion, and after consultation with the Sur- That the Attorney General may in his dis- of the alien's last arrival in the United States. geon General of the United States Public cretion extend the validity of the permit of A complete and detailed statement of the Health Service, in cases involving medical a spouse or child of a member of the armed facts and pertinent provisions of the law and public health considerations, may by services of the United States stationed in the case shall be reported to the Congress regulations prescribe. The Secretary of abroad pursuant to official orders for such wish the reasons for such adjustment of State shall, with respect to each alien grant- period or periods as the Attorney General status. Such reports shall be submitted on ed a visa under This section, reduce by one shall deem appropriate. The permit shall be the first and fifteenth day of each calendar the quota of the quota area to which the in such form as shall be by ;regulations pre- rronth in which Congress is in session. If alien is chargeable for the fiscal year then scribed for the complete identification of d.L ring the sess::on of Congress at which a current or the next following fiscal year in the alien." Approved For Release 2004/11/29 : CIA-RDP66B00403R000100100003-5 1964 Approved For L"61Vt1RE551UNIgL :1lAL&M66ffiflP000100100003-5 SEC. 14. (a) Section 316 of the Immigra- tion and Nationality Act (66 Stat. 242; 8 U.S.C. 1427) is amended by adding at the end thereof the following new subsection: "(g) The provisions of subsections (b) and (c) of this section shall be available to the spouse and children of a person engaged or employed as specified therein if their absence is for the purpose of residing with such person abroad, except that such benefits shall not be available to such children after their marriage or after they attain the age of twenty-three years." (b) Subsection (a) of section 316 of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 4127 (a) is amended by insert- ing immediately before the period at the end thereof the following: "except that no period of State residence shall be required for per- sons who are in active service in the Armed Forces of the United States". SEC. 15. (a) Section 328 of the Immigration and Nationality Act (66 Stat. 249; 8 U.S.C. 1439) is amended to read as follows: "NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES "SEC. 328. (a) Notwithstanding the provi- sions of section 310(d) and 318 of the Im- migration and Nationality Act, a person who has served honorably at any time in the Armed Forces of the United States for a period or periods aggregating three years, and who if separated from such service, has never been separated except under honor- able conditions, may be naturalized upon compliance with all the requirements of the Immigration and Nationality Act, except that- "(1) he may be naturalized regardless of age; "(2) no period of. residence or specified period of physical presence within the United States or any State shall be required, but there shall be included in the petition the affidavits of at least two credible wit- nesses, citizens of the United States, stating that each such witness personally knows the petitioner to be.a person of good moral char- acter, attached to the principles of the Con- stitution of the United States and happiness of the United States; "(3) the petition for naturalization may be filed in any court having naturalization jurisdiction regardless of the residence of the petitioner; "(4) notwithstanding section 336(c) of the Immigration and Nationality Act, the petitioner may be naturalized immediately if prior to the filing of the petition, the peti- tioner and the witnesses shall have appeared before and been examined by a representa- tive of the Service; and "(5) no fee, except that which may be re- quired by State law, shall be charged or col- lected for making, filing or docketing the petition for naturalization or for the final hearing thereon, or for the certificate of naturalization, if issued. "(b) In case such petitioner's service was not continuous, the petitioner's residence In the United States and State, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years Immediately preceding the date of filing such petition between the periods of petitioner's service 11811 X1484-86) are repealed. HORTON BILL PROVIDES COM1dRE- HENSIVE REVISION OF U.S. IMMI- GRATION LAWS (Mr. HORTON asked and was given permission to address the House for 1 minute, and to revise and extend his remarks.) Mr. HORTON. Mr. Speaker, I have introduced today H.R. 11436, the Immi- gration and Nationality Act Amendments of 1964. My purpose is to set in legis- lative motion a badly needed revision of our national immigration policy. In proposing this legislation, I am pleased to join with the distinguished gentleman from New York [Mr. REID] with whom I have worked for many months on this matter. My colleague and I are convinced that this measure represents the most extensive and equi- table immigration proposal to be present- ed in this 88th Congress. There are 14 principal provisions in HR. 11436: First. Country-by-country immigrant quotas are liberalized, including the es- tablishment of four major quota regions: Europe, Asia, Africa, and Australasia. Quote figures for each region would be distributed in proportion to actual im- migration to the United States as re- corded in the 40-year period from 1924 to 1964. Unused quotas in any given year would be redistributed within a region from countries not using them to coun- tries needing them. This assignment would be according to usual priorities of preference category and date of appli- cation. There would be no transfer of quotas among regions. Second. There would be an approxi- mate doubling of the present 157,000 an- nual quota numbers. The overall immi- gration quota would be one-sixth of 1 percent of the total U.S. population, as determined by the latest decennial cen- sus. In practice, this would not result in any marked increase in immigration, since in the last 10 years, there has been an average annual entry of 150,000 immi- grants outside the quotas. Special and temporary legislation or Executive excep- tions account for this situation. Third. In addition to revising national origin quotas, the concept of racial or ethnic origin for orientals-Asia-Pacific triangle-is abolished. Fourth. Minimum quotas are doubled to 200-this includes dependent terri- tories. Fifth. Quotas are abolished for all in- dependent countries and islands of the Americas. Sixth. Parents of U.S. citizens are ac- corded nonquota status. This would petition filed under the provisions of sub- (c) Section 340(f) of the Immigration and permit their prompt admittance to this section (a) of this section, and proved at Nationality Act (66 Stat. 261; 8 U.S.C. country and end the tragic separation of the final hearing thereon. Such allegation 1459(f)) is amended by inserting, immedi- families which is now so prevalent. and proof shall also be made as to any pe- ately following the language "section 329(c) Seventh. A fourth preference category r service iod between the termination of petitioner's of this title", the following: "as it existed is established for brothers, sisters, and natuceliaadothe filing of the petition for prior to its repeal or under section 328(h) married sons and daughters of U.S. citi- of this title." Section 328 as amended shall "(c) The petitioner shall comply with the apply to all persons who qualify under this Zens, thus doubling the number of visas requirements of section 316(a) of this title, section and who have any form of natural- available to them under present provi- except that he shall not be required to es- ization proceeding pending, at the time of sions. Further, parents of resident aliens tablish lawful admission for permanent resi- enactment of this section. are added to the new preference list. dente, if the termination of such service has been more than one year preceding the date of filing the petition for naturalization except that such service within five years immediately preceding the date of filing shall be considered as residence and physical presence within the United States. "(d) Any such period or periods of service under honorable conditions and good moral conduct, attachment to the principles of the Constitution of the United States, and favor- able disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenti- cated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of com- pliance with the provisions of section 316(a). "(e) The provisions of subsection (a) of this section shall be applicable to a person who has been separated from the armed services of the United States under honor- able conditions notwithstanding that he served less than three years if such separa- tion was caused by disability resulting from personal injury sustained or disease con- tracted or suffered in line of duty or by aggravation of a preexisting injury of dis- ease contracted or suffered in line of duty, or by any other disability resulting from reasons beyond the control of such person. "(f) The provisions of subsection (a) of this section shall be applicable to any per- son who, notwithstanding the length of this service, has served honorably in an active duty status in the Armed Forces of the United States during any of the following periods, all dates inclusive: "(1) from April 21, 1898, to August 12, 1898; "(2) from 1918; "(3) from ber 31, 1946; "(4) from June 24, 1950, to July 1, 1955; and who is separated under honorable conditions. "(g) No person separated from the Armed Forces of the United States on account of alienage, or, who was a conscientious ob- jector who performed no military, air, or naval duty whatever or refused to wear the uniform, shall be regarded as having served honorably or having been separated under honorable conditions for the purpose of this section. No period of service in such Armed Forces shall be made the basis of a petition for naturalization under this sec- tion if the applicant has previously been naturalized on the basis of the same period of service. "(h) Citizenship acquired under this sec- tion may be revoked in accordance with section 340 of this title if at any time subse- quent to naturalization the person is sep- arated from the Armed Forces of the United States under a discharge not under hon- orable conditions and such ground for revo- cation shall be in addition to any other provided by law. The fact that the natural- ized person was separated from the service under a discharge not under honorable con- ditions shall be proved by a duly authenti- cated certification from the executive de- partment under which the person was serv- ing at the time of separation." Approved For Release 2004/11/29 : CIA-RDP66B00403R000100100003-5 Approved For Release 2004/11/29 : CIA-RDP66B00403R000100100003-5 CONGRESSIONAL RECORD - HOUSE 1