PROVIDING THE PRIVILEGE OF BECOMING A NATURALIZED CITIZEN OF THE UNITED STATES TO ALL IMMIGRANTS HAVING A LEGAL RIGHT TO PERMANENT RESIDENCE

MAY 19, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. GOSSETT, from the Committee on the Judiciary, submitted the following

REPORT

To accompany H. J. Res. 238)

The Committee on the Judiciary, to whom was referred the joint resolution (H. J. Res. 238) to provide the privilege of becoming a naturalized citizen of the United States to all immigrants having a legal right to permanent residence, having considered the same report favorably thereon without amendment and recommend that the joint resolution do pass.

PURPOSE OF THE BILL

The purpose of the bill is (1) to provide without racial restriction the privilege of becoming a naturalized citizen of the United States to all immigrants having a legal right to permanent residence; and (2) not to disturb the existing immigration quotas, and not to provide for any changes in the existing exclusions of the immigration laws.

GENERAL INFORMATION

Twice within the past 2 years the House of Representatives has passed legislation repealing racial restrictions of the Nationality Act of 1940, as amended. In the Eightieth Congress the House passed H. R. 3555 (by Mr. Gossett) amending section 303 of the Nationality Act, as amended (60 Stat. 416; 8 U. S. C. Supp. 703) so as to permit the naturalization of certain legal residents of the United States regardless of their race.

On March 1, 1949, the House passed H. R. 199 (by Mr. Judd) again making eligible for naturalization those legal permanent residents of the United States who have hereto been ineligible for naturalization solely because of their race.

According to the United States Census of 1940, there were resident in the United States and its Territories 84,658 aliens of Japanese descent, 3,139 of Korean descent, and 145 who were listed as Polynesians and "other Asians."

Because of the provisions of the Immigration Act of 1924, which prohibited entry for permanent residence after July 1 of that year. these persons have been resident in the United States for at least 25 years, with the larger proportion having been here 35 years or more. The committee has been impressed by the record of loyalty and dependability of these people during World War II, when the native country of the largest segment was at war with the United States. All authorities are in agreement that there was no sabotage or espionage by a person of Japanese ancestry resident in the United States or Hawaii, either before, during, or after Pearl Harbor. The demonstration loyalty given by the Nisei American-born children of Japanese immigrants who volunteered for military service from behind the barbed wire of relocation centers is well known.

In this record of devotion to the highest principles of Americanism, the committee finds conclusive grounds for admission of the qualified members of this small group to the priceless privileges of United States citizenship. It is a matter of simple justice to do so.

In addition, the committee strongly feels that those who are permanent residents of the United States should be placed in a position to assume the responsibilities of citizenship while permitted to enjoy the opportunities and privileges which living here bestow. Ample evidence has been presented that those persons resident in the United States, covered by this bill, are most anxious to assume the responsibilities of citizenship while permitted to enjoy the opportunities of citizenship, and that only the provisions of our present nationality law prevent them from doing so.

The committee is of the opinion that it is sound public policy that all aliens permanently resident in the United States should be urged to become naturalized citizens if able to meet the individual tests of citizenship, and that all barriers to naturalization, based on race. should be removed.

Obviously sharing this opinion of the committee, the House of Representatives gave its overwhelming approval to H. R. 199, introduced in the Eighty-first Congress by Mr. Judd.

H. R. 199 had two primary objectives-to eliminate race as a barrier to application for naturalization on the part of legally resident immigrants to the United States and, under carefully worked-out restrictions designed to apply fully the terms of the national origins quots principle to the Orient, to abandon oriental exclusion as provided in the Immigration Act of 1924.

Following the passage by the House of H. R. 3555, Eightieth Congress, and H. R. 199, Eighty-first Congress, these acts went to the other body where they were referred to the Committee on the Judiciary which has, however, deferred action of both measures pending the preparation of all-inclusive legislation to be introduced at an indefinite date in the future.

While some difficulties may arise respecting the immigration provisions of H. R. 199, its provisions pertaining to the elimination of racial restrictions for naturalization have been generally considered noncontroversial. The deferment of further consideration of the

possible enactment of this part of H. R. 199, which deals with quotas for Asian and Pacific people could have important bearing on international problems involving the position of the United States in Asia, has no effect upon people residing in this country. However, further deferment of the repeal of racial exclusion to naturalization has a profound and damaging effect on the above-described group of lawfully resident aliens whose children are native-born citizens of this country.

It is, therefore, that the committee has decided to submit to the House its recommendation to enact into law House Joint Resolution 238, considering it an interim measure pending the enactment of legislation such as provided by H. R. 199.

The following plea for the enactment of House Joint Resolution 238 has been submitted to the committee by the Japanese American Citizens League on May 16, 1949:

JAPANESE AMERICAN CITIZENS LEAGUE,
ANTIDISCRIMINATION COMMITTEE,
Washington 2, D. C., May 16, 1949.

COMMITTEE ON THE JUDICIARY,

House of Representatives, Washington 25, D. C. GENTLEMEN: We are writing to urge the early and favorable consideration of House Joint Resolution 238, introduced by Congressman Francis E. Walter, of your committee, to provide the privilege of becoming a naturalized citizen of the United States to all immigrants having a legal right to permanent residence.

The Japanese American Citizens League, as the only national organization representing persons of Japanese ancestry in the United States, has been in the forefront of organizations seeking the elimination of race as a qualification for naturalization.

This concern is natural, since the overwhelming majority of those aliens who would benefit from the adoption of this resolution are Japanese.

These alien Japanese in the main are our parents who have done their best to rear us to be exemplary American citizens. With the complete approval of our parents, most of us served in the armed forces of the United States, some in Europe and others in the Pacific. We believe our war record speaks not only for itself but also for the training of our parents who taught us to live, and if necessary, to fight for our America.

We, as American-born citizens, have always believed that it is to the best interests of our Nation to encourage all immigrants to become naturalized citizens in order that they may more fully participate in the life of our country.

We humbly suggest that we believe our parents by every standard of Americanism qualify for naturalization on the same individual examination basis as other immigrants. We ask no special favors or privileges for them; we request no waiver of educational or other requirements; we desire only that our parents may be given the same privilege of applying for naturalization as that extended to most other immigrants who have come to our shores seeking a better place in which to live and to raise their children.

Our parents are growing old. In the twilight of their lives as useful individuals we desire that they be permitted to share our American citizenship with us, their children.

We commend for your rereading House Report No. 65, by Congressman Ed Gossett, of this committee, and particularly pages 2 to 5 which deal with this matter of naturalization and its effect on nationality law.

With this committee, we regret the position taken by the Senate Subcommittee on Immigration and Naturalization on H. R. 199, which was passed by the House on March 1. We believe the so-called Judd bill for equality in naturalization and immigration is a clear and pressing need in the world today.

However, since it now appears that the Senate Subcommittee on Immigration and Naturalization will not act upon H. R. 199 at this time, we endorse House Joint Resolution 238 in the hope that the Senate will concur and grant the privilege of becoming American citizens through naturalization to our parents who desire more than anything else this priceless recognition.

Although we recognize the importance of the immigration features of H. R. 199, our primary interest, as we testified before your committee in April 1948, is

naturalization for our alien parents. Thus, we can endorse this resolution sincerely and wholeheartedly.

There should be no objection raised to this resolution, for it deals with a subject with which all are in agreement. At the same time, it tacitly recognizes the investigation now being carried on by the special Senate subcommittee by specifically providing that there shall be no change in present immigration restrictions. It is hoped that the Senate subcommittee will approve this resolution and that it will, after the completion of its studies, introduce legislation embodying at least the principles of the immigration section of the Judd bill.

We American citizens of Japanese ancestry, as well as many other Americans of good will, have long looked to this committee to approve just and meritorious legislation in the field of immigration and naturalization.

For the second time this session, we humbly request in behalf of a great number of alien Japanese the early and favorable consideration of enabling legislation that will extend to them American citizenship through naturalization.

Sincerely,

MIKE MASAOKA, National Legislative Director.

The Departments of State and Justice have recommended the enactment of this measure.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows (existing law in which no change is made is printed in roman; omitted matter is printed within black brackets: the new matter is printed in italics):

Section 303 of the Nationality Act of 1940, as amended (60 Stat. 416; 8 U. S. C. Supp. 703)

SEC. 303. [(a)] The right to become a naturalized citizen [under the provisions of this Act shall extend only to

[(1) white persons, persons of African nativity or descent, and persons who are descendants of races indigenous to the continents of North or South America or adjacent islands and Filipino persons or persons of Filipino descent;

[(2) persons who possess, either singly or in combination, a preponderance of blood of one or more of the classes specified in clause (1);

[(3) Chinese persons and persons of Chinese descent, and persons of races indigenous to India; and

[(4) persons who possess, either singly or in combination, a preponderance of blood of one or more of the classes specified in clause (3) or, either singly or in combination, as much as one-half blood of those classes and some additional blood of one of the classes specified in clause (1).

[(b) Nothing in the preceding subsection shall prevent the naturalization of former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317.]

of the United States shall not be denied or abridged because of race: Provided, That no alien who, under law existing immediately prior to the enactment of this Act, would have been ineligible to immigrate to the United States because of race shall become eligible for immigration to the United States by reason of the adoption of this resolution.