ourselves to humane considerations and other factors which, as our history so vividly bears testament, are in our national interest.

It is important that selection must be rational and just and in the national interest. I repeat, the criteria should fit foreign policy objectives. And, it must be responsive to the basic tenets of the American way of life.

First of all, it is urgent to repeal the national-origin quota system which, based upon the population makeup of 1920, arbitrarily discriminates against persons from eastern and southern Europe and Asia. H.R. 7700 and H.R. 7732 abolish the system within 5 years and provide a worldwide single quota of approximately 165,000 to be allocated on a first-come, first-served basis. In H.R. 1629 the maximum number of quoted visas in any fiscal year is 250,000, allocated on the basis of population and average annual immigration from a quota area.

In both cases the country-by-country method is eliminated. Most important, specific countries or areas of the globe are not discriminated against. The racial overtones are discarded and we are no longer presuming inferiority or superiority based on any erroneous doctrine of race.

Moreover, both bills repeal those noxious provisions of present law whereby immigrants who are attributable by as much as one-half their ancestry to peoples derivative from the so-called Asia-Pacific triangle are assigned to the very small Asia-Pacific quota. The nationalorigin system not only affords this area a very small quota, but additionally subjects these like individuals to further obstacles under present law.

It is my feeling that we cannot base immigration policy upon the inequitable and irrational concept of racial ancestry. This is because, at the start, it is fallacious to judge an individual's worth by his race. Because H.R. 1629 repeals the national-origin system immediately, without a phasing-out period, I tend to prefer it as regards this section. The national-origin quota practice, is I believe, the instru mental defect of current law.

Although H.R. 7732 and H.R. 1629 depart from each other in the method of apportioning and prescribing quotas, it is nevertheless important to emphasize that under no circumstances should quotas go unused. Under H.R. 7732, identical to H.R. 7700, no country is permitted to receive more than 10 percent of the total annual quota, but this may be exceeded in the event there are quota numbers available which would otherwise remain untouched.

Similarly, H.R. 1629 would pool all unused quotas at the end of the fiscal year which, thereafter, would be apportioned to oversubscribed quota areas according to the number of registered immigrants on the waiting lists.

Hence, although each measure operates somewhat differently, the important objective is accomplished. The act of 1952 does not permit transfer of available quotas to oversubscribed countries. This is another defect of existing law. Furthermore, it is an indication of ill-founded discriminatory intent which, above all else, must be removed from the Nation's immigration policy.

Another area of major concern to me is the common approach toward parents and near kin of American citizens. In this country we have always stressed the distinct importance of the family rela

tionship. It is ingrained in our thought and outlook, a sanctuary of private concern. To society in general, the family is the starting point of allegiance and common value instrumental to the maintenance of coherence and stability.

Present statutes are not in accord with this basic principle of American life. The act of 1952 has, in practice, served as an obstacle to the reunion of families. It seems to me that simple standards of decency and justice demand a rectification. Both H.R. 1629 and H.R. 7732 grant nonquota status to the parents of American citizens. And by the general liberalization of the law, preferences would automatically be given to other relatives.

Similarly, both measures seek a more rational and humane approach to refugee immigration. The record to date is rather piecemeal. In H.R. 1629, of the maximum annual quota of 250,000, 50,000 visas would be reserved for refugees with consideration given to an equal distribution as determined by registered demand. H.R. 7732 permits the President, after consulting with the proposed Immigration Board, to use up to 20 percent of the established quota pool for refugees. Of the total pool of about 165,000, this could amount to approximately 33.000 refugees.

Both measures seek to liberalize and standardize the Nation's policy toward refugees. This is essential. Our Government must reinvigorate the people's traditional acceptance of foreigners who are victims of international conflict and totalitarian oppression. I have no doubt that this expresses the desires of an overwhelming majority of the public. There is, in sum, a horrid inconsistency in reckoning ourselves as the land of the free, and then formulating a rigid and incoherent policy toward others who suffer from what we are sworn to resist.

I think the pending legislation is in our national interest in other ways. Under the concept of generous and transferable quotes, preference is accorded those who have special skills and talents which the Nation can readily employ. An effort is made to accommodate fresh immigration to the country of persons who have no special or ancestral ties to Americans.

In conclusion, Mr. Chairman, I would like to state my opinion that reform is long overdue. It is right for the Nation to be selective in its policy; but such selection must not be based on the faulty and archaic assumption of racial inferiority. The processes of determination should be founded upon our own inbred principles of human justice and equality, and must be alined with the circumstances of changing world realities.

And so it is my fervent hope that this distinguished subcommittee will agree upon the strong alterations which are so urgently needed. This is an extremely important area which touches the very fiber of our national purpose.

I urge action to revise our immigration laws in the framework of the pending legislation.

I want to commend you, Mr. Chairman, I want to commend your subcommittee, for holding these hearings. I want to commend you for your determination to hear all sides of this picture and to give full evaluation with the view of bringing about what I believe to be a much-needed reform of our immigration laws.

My appreciation to you for giving me this privilege to present my views this morning.

Mr. FEIGHAN. Thank you very much, Mr. Halpern.

There have been proposed three priorities-admission of aliens with special skills

Mr. HALPERN. Yes.

Mr. FEIGHAN (continuing). Reuniting, or uniting families, and providing elasticity which would enable our country to grant asylum to victims of religious or political persecution or upsets and national disasters.

What priority would you give to the reuniting of families within those three examples?

Mr. HALPERN. I would give a very high priority to the reuniting of families. I think that that should be considered perhaps even top priority.

Mr. FEIGHAN. Thank you very much. We shall insert in the record your earlier bill, H.R. 1629.

(The bill is as follows:)

[H.R. 1629, 88th Cong., 1st Sess.]

A BILL To amend the Immigration and Nationality Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (27) of section 101(a) of the Immigration and Nationality Act is amended

(1) by amending subparagraph (A) to read as follows:

"(A) an immigrant who is the child, spouse, or parent of a citizen of the United States;";

(2) by amending subparagraph (C) to read as follows:

(C) an immigrant who was born in Canada, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, an independent country of Central or South America, or any of the adjacent islands which becomes an independent country, and the spouse or the child of any such immigrant, if accompanying or following to join him;";

(3) by striking "or" at the end of subparagraph (F);

(4) by striking the period at the end of subparagraph (G) and inserting in lieu thereof a semicolon and "or"; and

(5) by adding the following new subparagraph at the end thereof:

(H)(i) an immigrant whose services are determined by the Secretary of Labor to be needed urgently in the United States because of the high education, technical training, specialized experience, or exceptional ability of such immigrant and to be substantially beneficial prospectively to the national economy, cultural interests, or welfare of the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him within a period of one year after he is admitted to the United States for permanent residence.".

SEC. 2. Section 201 of the Immigration and Nationality Act is amended to read as follows:

"NUMERICAL LIMITATIONS; REFUGEE VISAS; ANNUAL QUOTAS; MINIMUM AND

MAXIMUM QUOTAS

"SEC. 201. (a) The number of quota immigrant visas to be issued in any fiscal year, except for any such visas to be issued under subsection (e) of this section, shall not exceed two hundred and fifty thousand, of which number (1) fifty thousand immigrant visas shall be made available for issuance in each fiscal year, without regard to the quota of each quota area for such year and the limitations of subsection (c) (1) and (2) of this section, (A) to qualified quota immigrants in a country or area which is neither Communist nor Communist dominated, who because of persecution, fear of persecution, or military operations are out of their usual place of abode and unable to return thereto, and who have not been firmly resettled, and (B) to the spouse or the child of any such immigrant, if

accompanying or following to join him within a period of one year after he is admitted to the United States for permanent resident; (2) eighty thousand visas shall be allotted among the annual quotas of the separate quota areas on the basis of the proportion which the number of inhabitants in each quota area represents of the world population exclusive of those countries specified in section 101 (a) (27) (C) of this Act; except that the maximum quota for any quota area allotted under this distribution shall be three thousand; and (3) one hundred and twenty thousand visas shall be allotted among the annual quotas of the separate quota areas on the basis of the proportion which the average annual number of quota and nonquota immigrants admitted to the United States from any such quota area during the period of fifteen consecutive years immediately prior to the effective date of the Immigration and Nationality Act of 1962 represents of the average annual number of quota and nonquata immigrants admitted to the United States during such period: Provided, That the minimum annual quota under this Act for any quota area shall be two hundred, and the maximum annual quota under this Act for any quota area shall be twenty-five thousand: Provided further, That, subject to the limitations of the maximum annual quota, in no case shall the annual quota for any quota area allotted under this subsection be less than the annual quota for such area as heretofore determined under the provisions of the Immigration and Nationality Act prior to the effective date of the Immigration and Nationality Act of 1962.

"(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, jointly. Such officials shall, jointly, report to the President the quota of each quota area, and the President shall proclaim and make known the quotas so reported. Such determination and report shall be made and such proclamation shall be issued as soon as practicable after the date of enactment of the Immigration and Nationality Act of 1962. Quotas proclaimed 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 proclamation, and until such date the existing quotas proclaimed immediately prior to the effective date of the Immigration and Nationality Act of 1962 shall remain in effect. After the making of a proclamation under this subsection the quotas proclaimed therein shall continue with the same effect as if specifically 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 proclaimed by the President, that an error of fact has occurred in such determination or in such proclamation, or (2) in the cases provided for in section 202(d).

"(c) Except as otherwise provided in subsections (a)(1) and (e) of this section, there shall be issued to quota immigrants chargeable to any quota of a quota area (1) no more immigrant visas in any fiscal year than the quota for such year for such quota area, and (2) in any calendar month of any fiscal year, no more immigrant visas than 10 per centum of the quota for such year for such quota area: except that during the last two months of any fiscal year immigrant visas may be issued without regard to the 10 per centum limitation contained herein.

"(d) Nothing in the Act shall prevent the issuance (without increasing the total number of quota immigrant visas which may be issued) of an immigrant visa to an immigrant as a quota immigrant even though he is a nonquota immigrant. "(e) All quota numbers available in any fiscal year, but not actually used during such fiscal year, shall be assigned to a general pool and made available for distribution in the next following fiscal year for use by qualified quota immigrants of those quota areas which, at the close of the fiscal year immediately preceding the year of authorized distribution, had immigrants registered on quota waiting lists. Each such quota area shall be entitled to a number of the quota numbers assigned to the general pool for use during any fiscal year in the same proportion as the number of immigrants registered, at the close of the preceding fiscal year, on quota waiting lists of such quota area bears to the number of immigrants registered, at the close of the preceding fiscal year, on quota waiting lists of all such quota areas. In no case shall (1) more than one hundred thousand quota numbers be made available in any fiscal year for distribution from such pool, and (2) the quota numbers distributed to any quota area in any fiscal year from such pool be in excess of the annual quota for such quota area for such year under paragraphs (2) and (3) of subsection (a) of this section. Such quota numbers distributed among such quota areas in any fiscal year shall be made available within each quota area, first for the issuance of immigrant visas to the class specified in paragraph (1) of section 203 (a), and second for the issuance of immigrant visas to the class specified in paragraph (2) of section 203(a).

"(f) In the issuance of immigrant visas under clause (1) of subsection (a) of this section, due consideration shall be given to equal distribution as determined by the registered demand."

SEC. 3. Section 202 of the Immigration and Nationality Act is amended to read as follows:

"DETERMINATION OF QUOTA TO WHICH AN IMMIGRANT IS CHARGEABLE

"SEC. 202. (a) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions and the countries specified in section 101(a) (27) (C), shall be treated as a separate quota area when approved by the Secretary of State. All other inhabited lands shall be attributed to a quota area specified by the Secretary of State. For the purposes of this Act, the annual quota to which an immigrant is chargeable shall be deter mined by birth within a quota area, or citizenship of a quota area acquired by such immigrant if he has been domiciled within such area for at least ten years immediately preceding his date of registration on a consular waiting Est, except that

"(1) an alien child. when accompanied by or following to join his alien parent or parents, may be charged to the quota of such parent or of either such parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if the quota to which such parent has been or would be chargeable is not exhausted for that fiscal year:

“(2) if an alien is chargeable to a different quota from that of his spouse, whom he is accompanying or following to join, the quota to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the quota of the spouse, whom he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if the quota to which such spouse has been or would be chargeable is not exhausted for that fiscal year;

"(3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject or, if he is not a citizen or subject of any country, then in the last foreign country in which he had his residence as determined by the consular officer;

"(4) an alien born within any quota area in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the quota area of either parent. "(b) 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 established, unless a nonquota immigrant as provided in section 101 (a) (27) of this Act, shall be chargeable to the quota of the governing country.

"(c) The provision of an immigration quota for a quota area shall not constitute recognition by the United States of the political transfer of territory from one country to another, or recognition of a government not recognized by the United States.

"(d) After the determination of quotas has been made as provided in section 201, revision of the quotas shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly, (1) after each period of five years on the basis of the most current authoritative data, and (2) whenever necessary, to provide for any change of boundaries resulting in transfer of territory from one sovereignty to another, a change of administrative arrangements of a colony or other dependent area, or any other political change, requiring a change in the list of quota areas or of the territorial limits thereof. In the case of a revision of quotas after each period of five years, the Secretary of State, the Secretary of Commerce, and the Attorney General shall, jointly, report to the President the quota of each quota area, and the President shall proclaim and make known the quotas so reported. Such determination and report shall be made and such proclamation shall be issued as soon as practicable after the termination of each period of five years. Quotas proclaimed 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 such proclamation, and until such date the existing quotas proclaimed under the immediately preceding proclamation shall remain in effect. After the making of a proclamation under this subsection the quotas proclaimed therein shall continue with the same effect as if specifically stated herein and shall be final and conclusive for every purpose, except (A) insofar as it is made to appear to the satisfaction of such officials and