Page images
PDF
EPUB

MAY 5, 1949.

Hon. EMANUEL CELLER,
Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

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. 1466) for the relief of Daniel Kim, an alien.

The bill would provide, notwithstanding any provision of the immigration or naturalization laws excluding persons of certain races from permanent admission to, or from naturalization as citizens of the United States, that Daniel Kim shall be considered to have been lawfully admitted to the United States for permanent residence as of September 1, 1948, and that he shall become naturalized as a citizen of the United States upon compliance with other requirements of the naturalization laws applicable in his case. It would also direct the Attorney General to cancel any departure bond executed and filed in the case of alien Kim. It appears from the files of the Immigration and Naturalization Service of this Department that Daniel Kim was born on November 12, 1936, in Korea of the Korean race and that he is a Japanese national. He was adopted in Korea in 1939 under Japanese law and was brought by his adoptive parents to the United States in May 1940, remaining in this country until April 1947. He reentered the United States on September 1, 1948, accompanied by his adoptive parents David C. and Agnes D. Kim and was admitted for a period of 6 months as a nonimmigrant visitor on the filing of a $500 departure bond. He is a blood nephew of his adoptive father.

He is living with his adoptive parents in Millwood, N. Y., and is a student at the Horace Greeley School at Chappaqua, N. Y. The boy is said to be well behaved, well-liked by the neighbors and school authorities, has never been in trouble of any kind, and is above the average in his school work.

The adoptive father, David C. Kim, was born in Korea. He was naturalized in the United States District Court at Washington, D. C. on March 22, 1945, while a member of the United States Army. The adoptive mother, Agnes D. Kim, was born at Chillicothe, Ohio on December 30, 1900, and acquired United States citizenship by reason of birth in this country. They were married at Seoul, Korea, on October 2, 1934. They have no children of their own. They own the farm on which they live at Millwood, N. Y., which is worth about $10,000. addition they have cash and war bonds worth about $9,000, and seem amply able to support their adopted son in the event he is permitted to remain permanently in the United States. With reference to the alien's last arrival in this country, the parents stated they would like to keep the boy here permanently, but if not permitted to do so, would take him back to Korea at the expiration of 1 year.

In

The alien is inadmissible to the United States under existing law because of the fact that he 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 of races 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 remain in the United States permanently. The Judd bill (H. R. 199) which has passed the House of Representatives would make the subject eligible for naturalization and thus eligible for admission to the United States. However, he would be a nonpreference quota immigrant and would have to wait his turn for a visa.

Whether or not this bill should be enacted presents a question of legislative policy concerning which this Department prefers not to make any recommendation. However, if the committee is favorably disposed toward its enactment, it is recommended that section 1 of the bill be amended to read as follows:

"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 into the United States persons who are ineligible to citizenship, shall not hereafter apply to Daniel Kim, a native of Korea, Korean race, national of Japan (the minor adopted son of Mr. and Mrs. David C. Kim, citizens of the United States, the father being an honorably discharged veteran of World War II) who last arrived in the United States at San Francisco, Calif., on September 1, 1948, and he shall be deemed to have been lawfully admitted for permanent residence as of the date of his last entry, and any departure bond outstanding in his case shall be canceled."

It is also recommended that section 2 be deleted in its entirety. The Congress has heretofore been reluctant to interfere in individual cases with the normal procedure pertaining to naturalization, and insufficient reason appears for making an exception in this case.

Yours sincerely,

PETER CAMPBELL BROWN, Acting Assistant to the Attorney General.

In addition, Mr. Gamble, the author of the bill, submitted the following:

Hon. RALPH A. GAMBLE,

WAR DEPARTMENT, STRATEGIC SERVICES UNIT, Washington 25, D. C., August 9, 1948.

House of Representatives, Washington, D. C.

DEAR MR. GAMBLE: With reference to your inquiry pertaining to the service of Mr. David C. Kim with the Office of Strategic Services, I am pleased to advise that our records show that he was assigned to that office February 17, 1945 and was released to the Army for separation December 29, 1945. During that time, he served overseas from July 1, 1945, to December 11, 1945.

Due to his facility with the Korean language and familiarity with the various Korean political aspects. he was used to recruit and train oriental personnel. He was credited with very excellent service.

Trusting this is the information you desire, I am.
Very truly yours.

After consideration of all the facts in this

KNOX P. PRUDEN, Colonel, AGD Adjutant case the committee is

of the opinion that H. R. 1466 should be enacted, and it accordingly so recommends.

O

1st Session

No. 704

CHRISTINE KONO

MAY 31, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. FEIGHAN, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 1625]

The Committee on the Judiciary, to whom was referred the bill (H. R. 1625) for the relief of Christine Kono, having considered the same, report favorably thereon with amendment and recommend. that the bill do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That, notwithstanding the provisions of section 31 (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 Christine Kono, the Dutch-Japanese fiancée of Charles Kramer, a citizen of the United States and an honorably discharged veteran of World War II: Provided, That the administrative authorities find that the said Christine Kono is coming to the United States with a bona fide intention of being married to Charles Kramer and that she is found otherwise admissible under the immigration laws, In the event the marriage between the abovenamed parties does not occur within three months after the entry of said Christine Kono, 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 (U. S. C., title 8, secs. 155 and 156).

PURPOSE OF THE BILL

The purpose of the bill, as amended, is to waive the racial-exclusion clauses of existing immigration laws in the case of an alien of DutchJapanese descent, engaged to marry an American citizen, a veteran of World War II. The amendment makes the granting of permanent residence to the beneficiary conditioned upon the marriage.

GENERAL INFORMATION

The facts in this case are set forth in a letter from The Assistant to The Attorney General, dated May 10, 1949, to the chairman of the Committee on the Judiciary, which letter reads as follows:

Hon. EMANUEL CELLER,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

MAY 10, 1949.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to tne bill (H. R. 1625) for the relief of Christine Kono."

The bill would provide that, notwithstanding any provisions of law to the contrary, Christine Kono, an alien of Dutch-Japanese descent, engaged to marry Charles Kramer, an American citizen and veteran of World War II shall be admitted to the United States for permanent residence

It appears from information furnished by the alien's fiancée, Mr. Charles 1. Kramer, that she was born on February 22, 1927, and is a native and citizen of Japan. Her parents are deceased Her mother was of Dutch and German ancestry, and her father was of the Japanese race. Miss Kono can speak English, and she is presently employed as a secretary by the Coca-Cola Co. in Yokohama. Japan, and is self-supporting.

Mr. Kramer has submitted an affidavit stating that he was born in Chicago, Ill. and is presently pursuing the study of law in the University of Washington, Seattle, Wash. under the GI Bill of Rights. He advises that if Miss Kono is permitted to enter the United States they will be married immediately upon her arrival, and he is willing to post a $500 bond to assure her departure from the United States in the event their marriage does not take place within 90 days. The beneficiary of this bill is inadmissible to the United States for permanent residence under existing law because of the fact that she is racially 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 citizensnip shall be denied admission to the United States for permanent residence.

Whether or not the bill should be enacted is a question of legislative policy concerning which the Department prefers not to make any recommendation. However, if the bill is to receive favorable consideration, it is suggested that it be amended to read as follows:

"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 excludes from admission to the United States persons who are ineligible to citizenship, shall not apply to Miss Christine Kono, a native and citizen of Japan, presently residing in Yokohama, Japan (the fiancée of Charles I. Kramer, a citizen of the United States, and an honorably discharged veteran of World War II), and that if otherwise admissible under the immigration laws she shall be granted admission to the United States for permanent residence upon application hereafter filed."

Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General.

After having considered all the facts in this case, the committee is of the opinion that H. R. 1625, as amended, should be enacted, and it accordingly so recommends.

[ocr errors]
« PreviousContinue »