Dickstein and Macgregor File Minority Report on House Deportation Bill

(Jewish Daily Bulletin)

A minority report on the deportation bill recently reported to the House by the Immigration Committee was filed yesterday by Congressmen Samuel Dickstein and Clarence MacGregor, both of New York.

Criticism of the bill in the minority report is particularly directed against the provisions which would enable the deportation of aliens at any time after entry on certain grounds which include entry at a place other than designated by immigration officials, by false or misleading misrepresentation, remaining in America longer than authorized by law. Under this bill deportation is provided for an alien who at any time within five years after entry is a public charge from causes not affirmatively shown to have arisen subsequent to entry; an alien who within five years after entry, from causes not affirmatively shown to have arisen subsequent to entry, is declared an idiot, imbecile, feeble minded, epileptic, insane, a person of constitutional psychopathic inferiority, a person of chronic alcoholism, an alien convicted of any offense involving an imprisonment term of one year or more.

The minority report points out that some of the above provisions are retroactive and unconstitutional in that they cast an unfair burden of proof upon the alien and are un-necessarily harsh; that the provisions permitting the deportation at any time after entry would disrupt the lives of persons who may have resided in this country for many years and raised families here. The bill, the report states, should provide for a limited time, such as three or a maximum of five years, as in the present law. The bill gives almost unlimited powers to the immigration inspectors and no right of a hearing before the Secretary of Labor or appeal to the courts. Such powers in the hands of subordinate officials are likely to be abused and misused. Deportation, the report continues, could take place for minor offenses. The provision of the present law restricting deportation for crimes involving moral turpitude is much more fair.

The report further criticizes that the bill gives the alien no right to be represented by counsel; constitutional psychopatic inferiority is a vague and undetermined phrase under which almost anyone might be deported. The report recognizes that general legislation for deportation is desirable, but states that such harsh and unjust provisions should be eliminated.

“It has not yet become criminal to be an alien,” the report states, “a large percentage of the members of Congress were either themselves aliens or are the sons of aliens. Our country derives much of its prosperity from the labor, loyalty, industry and intelligence of the alien.” The report asks for fair play and avoiding of cruelty and in-humanity.

In the report Congressman Mac-Gregor states he is strongly in favor of restrictive immigration laws, but this bill contains undesirable features. There is some question, he says, whether the Department of Labor has sufficient force to handle the increased deportations which would occur under such a bill and that it would open the door to the blackmailer. He also believes that discretion should be lodged with the Labor Department in cases of extreme hardship or under extenuating circumstances.