Hon. EMANUEL CELLER, MAY 13, 1949. Chairman, Committee on the Judiciary, House of Representatives. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 2084) for the relief of Teiko and Yoshiko Horikawa The bill would provide that notwithstanding any provision of law to the contrary, the aliens Teiko and Yoshiko Horikawa, minor twin stepdaughters of David Bailey Carpenter, a World War II veteran, shall be admitted to the United States for permanent residence. The records of the Immigration and Naturalization Service of this Department disclose that the aliens were born at Macao, a Portuguese possession, on March 26, 1945, their father being Ichigi Higo, a Japanese naval commander, to whom the mother believed she was married at Macao in September 1944. He left later that month and she never saw him or heard from him again, but in 1946, she found his name listed by the Japanese authorities as either killed in action or missing. Since this marriage was not registered in accordance with Japanese law, it was not recognized as a valid marriage. The mother of the aliens was not aware of this until her present husband, Mr. Carpenter, applied for permission to marry her and was required to show her status as single. Mr. David Bailey Carpenter, stepfather of the twins, is a native-born citizen of the United States. He served honorably in the United States Navy in World War II as Chief of the Statistical Division of the Statistical and Report Section, General Headquarters, Supreme Command for Allied Powers, in Japan. Upon discharge he held the rank of lieutenant, senior grade, United States Naval Reserve. He married the mother of these aliens in the presence of the American Consul at Yokohama, Japan, on August 6, 1947 Of the marriage there is a son, Gary Bailey Carpenter, born in Yokohama Japan on September 4, 1947 Mr. Carpenter, his wife and child arrived at Seattle, Washington, on August 18, 1948, on the steamship Edmund B Alexander. Mr Carpenter and his minor son were admitted as citizens of the United States. His wife, the mother of the alien children, was admitted under Public Law 271, Seventy-ninth Congress, as the wife of a veteran of World War II. The stepfather is now employed as an instructor on the regular staff of the University of Washington at an annual salary of $3,300 He has stated that he is willing to support his stepdaughters in the event they are permitted to enter this country for permanent residence They are now living in Tokyo Prefecture, Japan, with their grandparents, who have legally adopted them according to Japanese law This accounts for their name being shown as "Horikawa Whether the aliens should be granted a preference through special legislation presents a question of legislative policy concerning which this Department prefers not to make any recommendation. If the bill is to receive favorable consideration, however, it is suggested that it be amended as to form by striking out all after the enacting clause and inserting in lieu thereof the following: "That in the administration of the Immigration and Naturalization laws, the provisions of Section 13 (c) of the Immigration Act of 1924, as amended, which exclude from admission to the United States persons who are ineligible to citizenship, shall not apply to Teiko and Yoshiko Horikawa, minor twin stepdaughters of David Bailey Carpenter, a World War II veteran who married Yoshi Horikawa Higo, a Japanese national and the mother of such minor stepdaughters, on August 6, 1947, and that if otherwise admissible under the immigration laws they shall be granted admission into the United States for permanent residence upon application hereafter filed." Yours sincerely, PEYTON FORD, The Assistant to the Attorney General There is additional information pertaining to this legislation in the below printed correspondence: UNITED STATES SENATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Hon. EMANUEL Celler. House of Representatives. May 4, 1949. DEAR CONGRESSMAN: There is before your committee a bill, H. R. 2084, introduced by Congressman Jackson, of Washington. The bill proposes to admit two 4-year-old children of Japanese parentage whose stepfather and mother are citizens of the United States These The stepfather. David Carpenter, is a professor in the sociology department of the University of Washington The wife is Japanese. David is a Missourian. Attached are excerpts from a letter Mr. Carpenter has written to me. paragraphs tell the story. Anything you can do to help will be deeply appreciated by me and David Carpenter. Best personal regards. WARREN G. MAGNUSON, United States Senator. DEPARTMENT OF SOCIOLOGY, Seattle, Wash. I have been to the wars and returned with a tiny Japanese war bride, whom I hope you will one day meet I became upon marriage father also to sweet twin stepdaughters, now 4 years old. It is with regard to the latter that I write. for our 4-vear olds have been excluded, because of their Japanese parentage, from adm--ion to the United States Their biological father is dead and they are now with the 'apanese grandparents in Tokyo Congressman Henry Jackson on January 31, introduced a private bill, H. R. 2084, which would if enacted into law admit our twins for permanent residence with us in the United States. Tae bill has been referred to the House Committee on the Judiciary, who in turn have requested an investigation by the Derartment of Justice. Fearful that the slow course of routine may prevent the bill's enactment in this session, we turn to you for advice and assistance in pushing H R 2084 to passage before the summer adjournment of the Congress. I am the only father the twins have ever known and am as devoted to our attle 4-year-olds as though they were my own offspring. My wife is badly homesick for the little daughters from whom she has been separated now for 9 months. Surely the Department of Justice doesn t require many months in investigation to safeguard American institutions from such subversive influences as 4-year-olds might entail. And surely the logic of permitting World War II veterans to bring back from abroad brides of their choice would also suggest admission of the dependent children of those brides, particularly dependent children so young. Your help in reuniting our family will leave us deeply in your debt. DAVE CARPENTER lon. EMANUEL CELLER, WEBSTER GROVES, Mo., March 30, 1949. Chairman, Judiciary Committee, House of Representatives. MY DEAR CONGRESSMAN CELLER: As the Anglo-Saxon stepgrandmother of the ittle Japanese twin girls, for whose admission into the United States, bill H. R. 2084 would provide, I am writing to you for help in supporting the bill. H. R. 2084 has been referred to the Committee on the Judiciary, and on to the Department of Justice for a report and recommendation. The bill was introduced January 31 by Congressman Henry M. Jackson, who represents my son's conressional district from Seattle. My son, David B. Carpenter, a World War II veteran (also Anglo-Saxon) and his Japanese-born wife (mother of the twins who were 4 years old last Saturday) could not bring the little girls with them last August from Japan to the United States. This was due to our existing Japanese-exclusion laws, and a defect in Public Law 213, Eightieth Congress. Public Law 213, Eightieth Congress, admitted alien wives of World War II veterans, but made no provision for their dependent stepchildren's admission into this country My son, the stepfather of the twins, was in service 6 years (1942-48), 4 years as a naval lieutenant (senior grade) and 2 more years as civilian chief of statistics at General MacArthur's headquarters in Tokyo (SCAP) H. R. 2084, for the relief of Teiko Horikawa and Yoshiko Horikawa, would provide for their permanent residence in the United States, thus uniting these youngsters with their mother and stepfather (their father is deceased). Failure of the bill would necessitate my son's going back to Japan as the only way to be with the twins. We.don't want that to happen I have been giving much of my time to veterans since early 1945, by traveling all over the United States to Army, Navy, and Veterans' Administration hospitals on a hospital-sketching program, of hospital camp shows (formerly USO). I do hope my own veteran son will be given an early passage of H. R. 2084. Eightieth Congress adjourned before the similar bill, H R. 6810, introduced June 3, 1948. could be considered. Sincerely and hopefully. MILDRED BAILEY CARPENTER. P. S.-The St. Louis press and general public have expressed very sympathetic interest in my son's problem. Having considered the merits of the bill, H. R. 2084, the committee recommends its enactment. O SADAE AOKI MAY 31, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. CHELF, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 27091 The Committee on the Judiciary, to whom was referred the Lill (H. R. 2709) for the relief of Sadae Aoki, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to waive the racial-exclusion clauses of existing immigration laws in the case of a native and citizen of Japan, engaged to marry an American citizen. a veteran of World War II. The granting to the beneficiary of the privilege of permanent residence in the United States is conditioned upon the marriage. GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General, dated May 6, 1949, to the chairman of the Committee on the Judiciary, which letter reads as follows: Hon. EMANUEL Celler, House of Representatives, Washington, D. C. MAY 6, 1949. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 2709) for the relief of Sadae Aoki. The bill would provide that, notwithstanding the provisions of section 13 (c) of the Immigration Act of 1924, as amended, or any of the other provisions of the immigration laws relating to the exclusion of aliens ineligible to citizenship, the Attorney General is authorized and directed to permit the entry into the United States for permanent residence of Sadae Aoki, the Japanese fiancée of A. George Kato, a citizen of the United States and an honorably discharged veteran of World War II, provided the administrative authorities find that the alien is coming to the United States with a bona fide intention of being married to A. George Kato and that she is found otherwise admissible under the immigration laws. It further provides that, in the event the marriage between the alien and Mr. Kato does not occur within 3 months after the alien's entry, she shall be required to depart from the United States, and, upon failure to do so, shall be deported at any time after entry in accordance with the provisions of sections 19 and 20 of the Immigration Act of February 5, 1917. Since the alien lives in Japan and has never been admitted to the United States, the information relative to this case is very meager. The records in the Immigration and Naturalization files are based on information obtained from Mr. Kato, the alien's fiance. Her age and place of birth are not shown, but it appears that she is probably a native and citizen of Japan, of the Japanese race. Mr. Akio Kato, a natural-born citizen of the United States, met the alien while he was attached to the Eighth Army Military Government on occupation duty in Japan, and wants to marry her if she is granted permission to enter this country. The alien was educated in China and is at present a student in an occidental school in Japan and expects to graduate in April 1949. Her study at this school has included a course in English. She has no in mediate family ties, has been living with relatives, and is a singer, having been offered a movie contract recently with a Japanese company in Tokyo. According to Mr. Kato, she belongs to no political organizations whatsoever. He states that she has never been arrested for any offenses of a civil or political nature. Mr. Keto further stated the marriage was planned to take place immediately upon her arrival. In the event the marriage does not take place, he is prepared to pay for her return to Japan. Mr. Kato has a permanent position as deputy collector of internal revenue, Ogden, Utah, earning about $3,000 a year, and lives with his parents, who own their home and 20 acres of land. He has no one dependent upon him for support. His assets consist of an automobile worth $3,000, cash of $2,500, and personal property worth $500. His educational background is good; he has a B. S. degree in accounting from the University of Utah. He holds a Reserve commission as second lieutenant in the Finance Department of the Army. The alien is inadmissible to the United States under existing law because of the fact that she is of a race ineligible for naturalization. Subsection (c) of section 13 of the Immigration Act of 1924 (8 U. S. C., sec. 213 (c)) provides that, with certain exceptions, all persons ineligible for citizenship shall be denied admission to the United States for permanent residence. In the absence of special or general legislation, the subject cannot be permitted to enter the United States for permanent residence. Whether or not H. R. 2709 should be enacted is a question of legislative policy concerning which this Department prefers not to make any recommendation. Yours sincerely, PEYTON FORD, The Assistant to the Attorney General. After having examined the merits of this case, the committee is of the opinion that the bill should be enacted and it accordingly so recommends. |