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1976/02/13 HR4113 Relief of Mitsue Karimata Stone
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1976/02/13 HR4113 Relief of Mitsue Karimata Stone
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The original documents are located in Box 39, folder "2/13/76 HR4113 Relief of Mitsue Karimata Stone" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 39 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED FEB 13 1976 1976 Scand 8/3/16 ACTION THE WHITE HOUSE WASHINGTON Last Day: February 14 February 11, 1976 Posted MEMORANDUM FOR THE PRESIDENT 2/17 FROM: JIM CANNON Jo archives SUBJECT: H.R. 4113 - Relief of Mitsue Karimata Stone 2/13 Attached for your consideration is a H.R. 4113, sponsored by Representative Slack, which would waive a section of the Immigration and Nationality Act to admit the alien wife of a U.S. serviceman into the United States, notwithstanding a previous conviction in Japan for unlawful possession of heroin. Additional background information is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, NSC, Counsel's Office (Lazarus) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 4113 at Tab B. BERALD I FORD JOBANY DEPARTMENT SINTE THE PRESIDENT salvis UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 FEB 9 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 4113 - Relief of Mitsue Karimata Stone Sponsor - Rep. Slack (D) West Virginia Last Day for Action February 14, 1976 - Saturday Purpose To admit the alien wife of a U.S. serviceman into the United States, notwithstanding a previous conviction for unlawful possession of heroin. Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion The enrolled bill would waive a section of the Immigration and Nationality Act which excludes aliens convicted of any drug law violation from entry into the United States, authorize the issuance of an immigrant visa to the beneficiary, Mrs. Mitsue Karimata Stone, and permit her admission into the United States for permanent residence. Mrs. Stone is a 23 year old native and citizen of Japan who is the wife of a U.S. serviceman. She resides in Okinawa with her husband, U.S. Army Specialist Fourth Class Patrick G. Stone, 2 and their 2 year old daughter, a U.S. citizen by birth. Prior to her marriage to Specialist Stone on June 29, 1973, she had been convicted under Japanese law on December 28, 1972 of unlawful possession of heroin and sentenced to one year imprisonment, execution of which was suspended pending comple- tion of three years of probation. According to the House Judiciary Committee report, Mrs. Stone's arrest and conviction had been reported by her husband to the Army prior to their marriage because of Army requirements that soldiers planning to marry aliens overseas undergo a screen- ing process before permission to marry is given. This screen- ing process includes an extensive background check on the prospective bride to avoid situations in which soldiers marry girls who are unable to enter the United States because of immigration restrictions. The investigation by the Army and Japanese police revealed no derogatory information on the beneficiary and Army approval to the proposed marriage was then given. Specialist Stone made the reasonable assumption that the arrest record of his wife had been sealed in accord- ance with normal juvenile court procedures since his prospec- tive wife was a minor at the time of her arrest. However, because of her conviction for a drug offense, Mrs. Stone is ineligible for admission to the United States. Inasmuch as Specialist Stone's term of enlistment will expire, the family will be forced to separate upon his (and possibly their child's) return to the United States. Approval of the enrolled bill would waive the statutory ineligibility of Mrs. Stone for admission to the United States and permit the family to remain together. James Assistant m. Director Trey for Legislative Reference Enclosures EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 2-9-76 FEB 9 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 4113 - Relief of Mitsue Karimata Stone Sponsor - Rep. Slack (D) West Virginia Last Day for Action February 14, 1976 - Saturday Purpose To admit the alien wife of a U.S. serviceman into the United States, notwithstanding a previous conviction for unlawful possession of heroin. Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion The enrolled bill would waive a section of the Immigration and Nationality Act which excludes aliens convicted of any drug law violation from entry into the United States, authorize the issuance of an immigrant visa to the beneficiary, Mrs. Mitsue Karimata Stone, and permit her admission into the United States for permanent residence. Mrs. Stone is a 23 year old native and citizen of Japan who is the wife of a U.S. serviceman. She resides in Okinawa with her husband, U.S. Army Specialist Fourth Class Patrick G. Stone, Attached document was not scanned because it is duplicated elsewhere in the document THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: February 10 Time: 800pm FOR ACTION: Dick Parsons Jack Marsh CC (for information): NSC/S Jim Cavanaugh Max Friedersdorf Ken Lazarus FROM THE STAFF SECRETARY DUE: Date: February 11 Time: :00pm SUBJECT: H.R. 4113 - Relief of Mitsue Karimata Stone ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Approval. RDP Please return to Judy Johnston, Ground Floor West Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please telephone the Staff Secretary immediately. For ACTION MEMORA LOG NO.: Date: February 10 Time: 800pm FOR ACTION: Dick Parsons Jack Marsh CC (for information): NSC/S Jim Cavanaugh Max Friedersdorf Ken Lazarus FROM THE STAFF SECRETARY DUE: Date: February 11 Time: 6:00pm SUBJECT: H.R. 4113 - Relief of Mitsue Karimata Stone ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing No objection - - Ken Lazarus 2/11/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please telephone the Staff Secretary immediately. THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: February 190 Time: 800pm FOR ACTION: Dick Parsons Jack Marsh CC (for information): NSC/S on Jim Cavanaugh Max Friedersdorf Ken Lazarus FROM THE STAFF SECRETARY DUE: Date: February 11 Time: ??8Rm SUBJECT: H.R. 4113 - Relief of Mitsue Karimata Stone ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing GERATE R. FORD DEPARTMENT PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President UNITED STATES DEPARTMENT OF JUSTICE IMMIGRATION AND NATURALIZATION SERVICE PLEASE ADDRESS REPLY TO Washington 25, D.C. OFFICE OF THE COMMISSIONER 5 FEB 1976 AND REFER TO THIS FILE NO. A20 900 047 TO : OFFICE OF MANAGEMENT AND BUDGET SUBJECT: Enrolled Private Bill No. H. R. 4113 ; Office of Management and Budget request dated February 3, 1976 Beneficiary or Beneficiaries Mitsue Karimata Stone Pursuant to your request for the views of the Department of Justice on the subject bill, a review has been made of the facsimile of the bill, the re- lating Congressional Committee report or reports. and all pertinent information in the files of the Immigration and Naturalization Service On the basis of this review the Immigration and Naturalization Service, on behalf of the Department of Justice: XX Recommends approval of the bill. Interposes no objection to approval of the bill Sincerely, Euapman Commissioner CO Form 18 (REV. 1-17-72) DEPARTMENT OF STATE a Washington, D.C. 20520 4" FEB 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: Reference is made to Mr. Frey's communication of February 3, 1976, transmitting for comment enrolled bills H.R. 4046, "For the relief of Valerie Ann Phillips, nee Chambers", H.R. 4113, "For the relief of Mitsue Karimata Stone, and M.R. 5750, "For the relief of Chu Wol Kim". This Department has no objection to the enactment of these bills. Sincerely, Robert J. McCloskey Assistant Secretary for Congressional Relations MEMORANDUM NATIONAL SECURITY COUNCIL 838 February 11, 1976 MEMORANDUM FOR: JIM CAVANAUGH FROM: Jeanne W. Davi AMD SUBJECT: Enrolled Bills - H.R. 4046, H.R. 8555, H.R. 4113 The NSC Staff has no objection to Enrolled Bills H.R. 4046, H.R. 4113, H.R. 8555 for the relief of Valerie Ann Phillips, nee Chambers, Angel Pader Cabal, and Mitsue Karimata Stone respectively. THE WHITE HOUSE WASHINGTON February 12, 1976 MEMORANDUM FOR: JIM CAVANAUGH FROM: MAX L. FRIEDERSDORF M.G. SUBJECT: H.R. 4113 - Relief of Mitsue Karimata Stone The Office of Legislative Affairs concurs with the agencies that the subject bill be signed. Attachments 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-408 MITSUE KARIMATA STONE JULY 25, 1975.-Committed to the Committee of the Whole House and ordered to be printed Mr. FISH, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 4113] The Committee on the Judiciary to whom was referred the bill (H.R. 4113) for the relief of Mitsue Karimata Stone, having con- sidered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of this bill is to waive the provision of section 212 (a) (23) in behalf of Mitsue Karimata Stone. The bill also provides, that this exemption shall apply only to a ground for exclusion of which the Departments of State or Justice had knowledge prior to the enactment of this Act. GENERAL INFORMATION The beneficiary of this bill is a 23-year-old native and citizen of Japan who is the wife of a United States citizen serviceman. She resides in Okinawa with her husband and their child, also a citizen of the United States. The beneficiary has been refused a visa because of a conviction in Japan on December 28, 1972 for being in possession of 0.03 grams of heroin and for having purchased said heroin at a cost of $10. She received a sentence of one year penal servitude which was suspended for three years. Certain pertinent facts in this case are contained in a letter dated December 5, 1974 from the Commissioner of Immigration and Natu- ralization to the Chairman of the Committee on the Judiciary re- 57-007 2 3 garding a bill then pending for the relief of the same person. That and allotments totaling $569 per month and has assets con- letter and accompanying memorandum read as follows: sisting of personal property valued at $2,300. U.S. DEPARTMENT OF JUSTICE, The beneficiary has never resided in the United States. She has stated that she was refused a visa at the United IMMIGRATION AND NATURALIZATION SERVICE, Washington, D.C., December 5, 1974. States Embassy, Tokyo, Japan on October 17, 1973 because of her criminal conviction. A20-900-047. Specialist Fourth Class Stone has stated that, if the benefi- Hon. PETER W. RODINO, Jr., ciary is not permitted to enter this country, he and their Chairman, Committee on the Judiciary, U.S. House of Representa- daughter will be deprived of the beneficiary's love, care and tives, Washington, D.O. affection, thereby causing them an undue hardship. DEAR MR. CHAIRMAN: In response to your request for a report relative to the bill (H.R. 15788) for the relief of Mitsue Karimata A report from the Department of State on this legislation reads as follows: Stone, there is attached a memorandum of information concerning the beneficiary. DEPARTMENT OF STATE, The bill would waive the provision of the Immigration and Nation- Washington, D.C., September 19, 1974. ality Act which excludes from admission into the United States aliens Hon. PETER W. RODINO, Jr., who have been convicted of a violation of any law or regulation Chairman, Committee on the Judiciary, House of Representatives, relating to the illicit possession of or traffic in narmotic drugs, and Washington, D.C. would authorize the issuance of a visa to the beneficiary and her DEAR MR. CHAIRMAN: With reference to your request for a report admission to the United States for permanent residence, if she is concerning the case of Mitsue Karimata Stone, beneficiary of H.R. otherwise admissible under the Act. The bill also limits the exemption 15788, 93rd Congress, there is enclosed a memorandum of information granted to a ground for exclusion known to the Department of State concerning the beneficiary. This memorandum has been prepared by or the Department or Justice prior to the date of its enactment. the American Consulate General at Naha, Japan, in whose consular Sincerely, jurisdiction the beneficiary resides. LEONARD F. CHAPMAN, Jr., The bill would provide for visa issuance and the beneficiary's admis- Commissioner. sion for permanent residence notwithstanding her ineligibility as an Enclosure. alien who has been convicted of a violation of any law or regulation relating to the illicit possession of or traffic in narcotic drugs or mari- MEMORANDUM OF INFORMATION FROM IMMIGRATION AND huana, if she is otherwise admissible under the Immigration and Nationality Act. The relief granted is limited to a ground for exclu- NATURALIZATION SERVICE FILES RE H.R. 15788 sion known to the Department of State or the Department of Justice The beneficiary, Mitsue Karimata Stone, also known as prior to enactment. Emiko Taira, a native and citizen of Japan, was born on Copies of the beneficiary's court record, with a translation, are also June 20, 1952. She completed high school in her native land enclosed for the Committee's information. and was subsequently employed as a painter of kimonas from Cordially, April 1970 until June 1972 and as a bar hostess from June LINWOOD HOLTON, until August of 1972. She was convicted in Japan on Decem- Assistant Secretary for Congressional Relations. ber 28, 1972 of the offenses of being in possession of 0.03 Enclosures. grams of heroin and of having purchased said heroin at a cost of $10. She was sentenced to one year imprisonment, Submitted by the American Consulate General at Naha, Japan. sentence suspended for three years during which time she is on probation. The beneficiary now resides with the interested MEMORANDUM OF INFORMATION CONCERNING H.R. 15788 FOR THE party on Okinawa. Her widowed mother, one brother and RELIEF OF MITSUE (KARIMATA) STONE one sister reside in Japan. The interested party, Specialist Fourth Class Patrick The beneficiary was born on June 20, 1952, at Taira-City, Okinawa, Gerard Stone, a United States citizen, was born on February Japan. She attended local schools and was a graduate of Aza-Kama- 21, 1953 at Houston, Texas. He is a high school graduate and hara, Koza-City High School in 1968. She was later employed by vari- ous local firms as a factory worker and hostess. On June 29, 1973 she has completed two semesters of college. On April 2, 1971, he was married to a United States citizen, Patrick Stone, an enlisted man enlisted in the United States Army and is presently serving in Okinawa, Japan. The interested party and the beneficiary serving with the U.S. Army in Okinawa. Their only child, Peggy Ann Stone. was born in Okinawa on December 5, 1973. were married on June 29, 1973. Their only child, Peggy Ann, On October 2, 1973 the beneficiary consulted with a consular officer who was born on December 5, 1973, acquired United States about the possibility of obtaining an immigrant visa. She was found citizenship at birth. The interested party receives a salary ineligible under Section 212(a) (23) of the Immigration and Nation- H.R. 408 H.R. 408 4 5 ality Act, due to her conviction by the Japanese Court on December 28, 6. Examination report prepared by Taro Nishioka. 1972 for the violation of Article 12 of the Japanese Narcotics Control 7. Examination report prepared by Kakei Taira. Law. She was charged with possession of approximately .006 grams of morphine and sentenced to one year penal servitude. The sentence APPLICABLE LAWS was suspended for three years from the date of the trial conclusion. The beneficiary is classifiable as an Immediate Relative. For the conduct specified in the sentence: Paragraph 1, article The Consulate General's investigation revealed no additional derog- 64-2 and paragraph 1, article 12 of the Narcotics Control Law. atory information concerning the beneficiary. For increase of punishment for consolidated crimes: The first part The beneficiary underwent a medical examination on August 15, of article 45, the main clause of article 47, article 10 of the Criminal 1974, and was found to be in good health. Code. (Therefore, an increased punishment has been decided under item 2 of the sentence which is heavier (more serious (Rough translation : Visa case of Mitsue Karimata Aka Shoko Taira) SUSPENSION OF EXECUTION OF SENTENCE COURT DECISION Paragraph 1, article 25 of the Criminal Code. Accused: Karimata, Mitsue, commonly called Taira, Shoko. Permanent address 1278, Aza-Karimatal, Hirara City. FOR PLACEMENT UNDER PROBATION Present address 50-3, Aza-Nakasono, Koza City. Date of birth 20 June 1952. The first part of paragraph 1, article 25-2, Criminal Code. Occupation: Hostess. With the presence of Public Procurator Seikyo Toma, the Court THE COST OF THE TRIAL examined the accused for suspicion of violation of Narcotic Control Law and rendered a decision as follows: The main clause of paragraph 1, article 181, the Criminal Pro- cedure Code. Sentenced on this day of December 28, 1972. TEXT OF DECISION OSAMA HAYASHI, The accused is sentenced to one year penal servitude; provided that Judge, Naha District Court. the execution is suspended for three years from the date of the trial conclusion. Mr. Slack, the author of this bill, submitted the following letters in During the period of suspended execution of sentence, the accused support of this legislation: will be placed on probation. The accused will bear the total cost of the trial. CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, REASONS Washington, D.C., July 11, 1974. Hon. JOSHUA EILBERG, Facts constituting the offense Chairman, Immigration, Citizenship and International Law, The accused without legal exemption Committee on the Judiciary, Rayburn House Office Building, 1. At or about 1900 hours, August 20, 1972, at the road in front of Washington, D.C. (D.D.) No. 1402, Aza-Goya, Koza City, the accused was in possession DEAR MR. CHAIRMAN: This letter is written to ask that your Com- of approximately 0.03 grams of the narcotic hydrochloric jiathetic mittee expeditiously consider H.R. 15788, for the relief of Mitsue morphine. 2. At or about 1800 hours, on the 21st day of the same month, in a Karimata Stone, which I introduced in the House of Representatives on July 2, 1974, after considering the matter at length. ladies' toilet located at (D.D.) No. 1402, Aza-Goya, Koza City, the In reviewing the accompanying file, you will learn this situation accused obtained one package of jiathetic morphine (about 0.03 has developed as a result of a premarital investigation conducted by grams) for the price of $10.00 from Miko Hirayama, also known as the United States Army. Upon completion of the investigation, per- Mikky. mission to marry was granted even though there had been an infrac- ITEMS OF EVIDENCE tion of the drug laws. 1. The statement of the accused made at the Court hearing. There is now a child involved, and Specialist Stone is interested in 2. The statement of the accused made to the Narcotics Control Offi- keeping his family together but will be unable to do SO unless this bill is enacted into law. cer and the Public Procurator. 3. The statement of Seiji Sakagawa made to the Narcotics Control I will be most appreciative of your sympathetic consideration of this matter, I assure you. Officer. 4. The statement of Hatsumi Arasaki to the Public Procurator. Yours sincerely, 5. The statement of Miko Hirayama to the Narcotics Control Officer. JOHN SLACK. H.R. 408 H.R. 408 6 7 OFFICE OF THE STAFF JUDGE ADVOCATE, been scaled in accordance with normal juvenile court procedures since DEPARTMENT OF THE ARMY, his fiancee had not attained her majority at the time of her arrest, and APO San Francisco, Calif., May 3, 1974. that his wife would have no problem coming to America. Therefore, the couple was married (TAB I, Witness to Marriage). Hon. JOHN SLACK, If Specialist Stone had known that his wife could not have entered Rayburn House Office Building, the United States, he might never have married her. He believed that Washington, D.C. DEAR SENATOR SLACK I am writing to you on behalf of Specialist Com- the Army's screening process would do what it was intended to do, and his faith in the system has been rewarded by placing him in the Four and Mrs. Patrick G. Stone, 548-94-9364, of Headquarters (MSA), APO San Francisco 96248. His permanent place Vir- of position of having to choose between living in his country or living with his wife. He has recently re-enlisted and he will be on Okinawa pany residence is in your district at 1211 Lee Street, Charleston, West for one more year, but at the end of that time he must decide whether ginia. As you may remember, Specialist Stone wrote to you last and fall he will leave his wife and child to return to America or whether he to request your help in bringing his wife into the United States, been will remain in an alien land throughout his married life. replied that she was ineligible to immigrate because she had The various other forms Specialist Stone submitted to the Army are you convicted on a drug charge (TAB A). After consulting you, Specialist at TAB H. The Certificate of Marriage Interview (TAB I) indicates Stone explored every possible alternative means of getting a visa that Specialist Stone received legal counseling about immigration laws for his wife. A letter from his commanding officer, Captain Bowling, prior to the marriage. I usually give this class, and I know that in this to the Secretary of the Army, Howard H. "Bo" Callaway, prompted case, this certificate is misleading. What the counseling states is, in es- a reply (TAB B) which offered what appears to be the only alterna- sence, that a soldier's wife will not be allowed to enter the United tive. The Secretary stated that the only way Mrs. Stone can come to States if she does not satisfactorily complete the Army Screening America is for Congress to pass a private bill on her behalf. process. Because applicants are told that the Army investigation is as Specialist Stone came to this office for help after receiving Secre- thorough as the one which the immigration authorities will make at tary Callaway's letter. I feel very strongly that Specialist Stone the time the visa application is submitted, the implication is clear that deserves help because of the unfortunate way the Army erred in she will be eligible to enter if she successfully completes the Army processing his application to marry and because his wife is now com- Screening process. Soldiers are told that the Army will not allow them pletely rehabilitated and a member of a happy family group. I am sure to marry girls who cannot enter the United States. The interview that you will share these feelings after you examine the inclosed docu- encourages soldiers to be honest when they prepare the background ments. I hope that you will find this case to be meritorius and that you information forms to spare themselves eventual heartbreak. Specialist will help the Stone family. I believe that you will be better equipped Stone was completely honest when he submitted his forms, and the to understand the Stones' dilemma if I tell you their story from the Army personnel who were charged with the responsibility of screening beginning. Under existing American law, Mrs. Mitsue Karimate Stone fiancees of servicemen were obviously derelict in their duties because is unable to immigrate to America because she has been convicted they overlooked the information Specialist Stone gave them. The Army by a Japanese Court for possession of heroin. She is a Japanese citi- clearly failed to fulfill its obligations to Specialist Stone. zen who Specialist Stone has married during the time he has been Mrs. Stone is not now the kind of person the immigration laws are stationed on Okinawa. They have one daughter (TAB C). supposed to exclude from the United States. She is a healthy, normal, The Army requires soldiers who are planning to marry local nation- productive mother and housewife, as the letters at TAB J will attest. als overseas to undergo a rigorous screening process before permission The letter from Specialist Stone's commanding officer (TAB K) shows to marry is given. This screening process includes an extensive back- the character of her husband, and Mrs. Stone's Army Doctor (TAB ground check on the prospective bride and it is normally quite and Japanese Probation Officer (TAB M) both state that she is com- thorough. The purpose of this requirement is to avoid situations in pletely rehabilitated and should be allowed to accompany her husband which soldiers marry girls who are unable to enter the United States to the United States. because of American immigration restrictions. In the Stone case, how- Mrs. Stone was never a drug dealer or dangerous criminal. When ever, the system broke down. Specialist Stone knew that his fiancee had she graduated from high school, she took a highly respected. but low- been arrested on a drug charge before he met her, and he had indicated paying job as a kimono painter in the capital city of Naha. When her this to the Army during the premarital screening process on the Army father died, leaving her mother deeply in debt, she took a new job as a Personal History Statement (TAB D, USFJ Form 196EJ of Febru- waitress in a bar catering to Americans. She made a great deal more ary 1972 at page 6, number 19). The investigation by the Army and money at this job than she had made painting because of the generous Japanese police revealed no derogatory information about Mrs. Stone tipping habits of the Americans, and she was able to help her mother Pre-marriage Investigation, DA Form 2496 of 1 February 1962; TAB despite the information Specialist Stone had provided (TAB E, Army substantially. F. Personnel Security Action, DA Form 2784 of 1 December 1966; and She began to date an American to whom she eventually became engaged. He, unfortunately, had brought his addiction to heroin with TAB G, Japanese Police Report). When these favorable reports were received and the Army approval given (TAB H) Specialist Stone him from Vietnam. She eventually vielded to his urging and tried made the reasonable assumption that the arrest record of his wife had heroin. By the time he was arrested for possession of heroin, she had H.R. 408 H.R. 408 8 9 become an addict. She then had to acquire her own drugs, and she was BUDGETARY INFORMATION arrested by the Japanese police for buying heroin and for possessing it approximately one month after her fiancee's arrest. This legislation does not provide new budget authority and no esti- Although she was convicted in accordance with Japanese law and mate or comparision has been received from the Director of the Con- given a suspended sentence (TAB N), she was guilty only of the pos- gressional Budget Office. session and purchase of drugs and she was never a "pusher." Her criminality has been confined exclusively to the use of heroin and she OVERSIGHT STATEMENT has no other police record. The Committee exercises general oversight jurisdiction with respect She was hospitalized for two months after her arrest during which to all immigration and nationality matters but no specific oversight is time she "kicked" her habit. She later met Specialist Stone, quit working in the bar, and began to lead a normal life. She is now com- contemplated in this instance. pletely rehabilitated, and leads a productive life as a wife and mother. Upon consideration of all the facts in this case, the Committee is of Her infant daughter is an American citizen. The child's future would the opinion that H.R. 4113 should be enacted and accordingly recom- be bleak if she either accompanied her father to America and left her mends that the bill do pass. mother behind or if she had to spend her life in an alien environment where she would be unable to attend Japanese schools or be assimilated by the surrounding society. Since it was a mistake made by the Army which allowed the Stones to marry, since Mrs. Stone is now completely rehabilitated, and since a child is involved who is an American citizen and whose whole life will be adversely affected if her mother cannot enter the United States, I hope that you will help this unfortunate family. You are the only remaining hope the Stones have of coming to America together. Thank you very much for any assistance you can render Specialist Stone and his family. Since this is a matter of the utmost importance to the Stones your prompt reply would be greatly appreciated. Sincerely, GREGORY BRUCE ENGLISH, Captain, Chief, Legal Assistance Division. [The enclosures referred to in the above letter are in the files of the Committee on the Judiciary.] CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, D.C., April 23, 1975. HON. JOSHUA EILBERG, Chairman, Suboommittee on Immigration, Oitizenship, and Inter- national Law, Rayburn House Office Building, Washington, D.C. DEAR MR. CHAIRMAN: Your letter of April 21st has been received, and I appreciate knowing of the Subcommittee consideration of H.R. 4113. I agree with the Members of the Subcommittee that in view of the evidence provided and circumstances surrounding the beneficiary the bill should be reported to the full Committee. Your continued consideration and assistance in bringing the bill foward will be appreciated, I assure you. Yours sincerely, JOHN SLACK. H.R. 408 H.R. 408 Calendar No. 584 94TH CONGRESS SENATE REPORT 2d Session No. 94-610 MITSUE KARIMATA STONE JANUARY 30, 1976.-Ordered to be printed Mr. EASTLAND, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 4113] The Committee on the Judiciary, to which was referred the bill (H.R. 4113), for the relief of Mitsue Karimata Stone, having con- sidered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to waive the excluding provision of exist- ing law relating to one who has been convicted of a violation of any law or regulation relating to the illicit possession of narcotic drugs or marihuana in behalf of the spouse of the spouse of a United States citizen. STATEMENT OF FACTS The beneficiary of the bill is a 23-year-old native and citizen of Japan. On December 28, 1972, she was convicted in Japan of being in possession of .03 grams of heroin and of having purchased said heroin at a cost of $10. She was sentenced to one year imprisonment, sentence suspended for three years during which time she is on probation. On June 29, 1973, the beneficiary married a United States citizen. Her husband is a member of the United States Army and met the bene- ficiary while he was stationed in Japan. They have one child, born December 5, 1973, who acquired U.S. citizenship at birth. 57-007 2 3 A letter with attached memorandum dated December 5, 1974, to the Chairman of the Committee on the Judiciary of the House of Repre- who was born on December 5, 1973, acquired United States sentatives from the Commissioner of Immigration and Naturalization citizenship at birth. The interested party receives a salary refers to H.R. 15788, a similar bill introduced in the 93rd Congress. and allotments totaling $569 per month and has assets con- The letter reads as follows: sisting of personal property valued at $2,300. U.S. DEPARTMENT OF JUSTICE, The beneficiary has never resided in the United States. IMMIGRATION AND NATURALIZATION SERVICE, She has stated that she was refused a visa at the United Washington, D.C., December 5, 1974. States Embassy, Tokyo, Japan on October 17, 1973 because of her criminal conviction. A20-900-047. Specialist Fourth Class Stone has stated that, if the benefi- Hon. PETER W. RODINO, Jr. ciary is not permitted to enter this country, he and their Chairman, Committee on the Judiciary, U.S. House of Representa- daughter will be deprived of the beneficiary's love, care and tives, Washington, D.C. affection, thereby causing them an undue hardship. DEAR MR. CHAIRMAN: In response to your request for a report rela- A letter, with attached memorandum, dated September 19, 1974 to tive to the bill (H.R. 15788) for the relief of Mitsue Karimata Stone, the Chairman of the House Committee on the Judiciary from the then there is attached a memorandum of information concerning the bene- Assistant Secretary for Congressional Relations, U.S. Department of ficiary. The bill would waive the provision of the Immigration and Nation- State, with reference to H.R. 15788 reads as follows: ality Act which excludes from admission into the United States aliens DEPARTMENT OF STATE, who have been convicted of a violation of any law or regulation Washington, D.C., September 30, 1974. relating to the illicit possession of or traffic in narcotic drugs, and Hon. PETER W. RODINO, Jr., would authorize the issuance of a visa to the beneficiary and her ad- Chairman, Committee on the Judiciary, House of Representatives, mission to the United States for permanent residence, if she is other- Washington, D.C. wise admissible under the Act. The bill also limits the exemption DEAR MR. CHAIRMAN: With reference to your request for a report granted to a ground for exclusion known to the Department of State concerning the case of Mitsue Karimata Stone, beneficiary of H.R. or the Department of Justice prior to the date of its enactment. 15788, 93rd Congress, there is enclosed a memorandum of information Sincerely, LEONARD F. CHAPMAN, Jr., concerning the beneficiary. This memorandum has been prepared by Commissioner. the American Consulate General at Naha, Japan, in whose consular jurisdiction the beneficiary resides. Enclosure. The bill would provide for visa issuance and the beneficiary's admis- MEMORANDUM OF INFORMATION FROM IMMIGRATION AND sion for permanent residence notwithstanding her ineligibility as an NATURALIZATION SERVICE FILES RE H.R. 15788 alien who has been convicted of a violation of any law or regulation relating to the illicit possession of or traffic in narcotic drugs or mari- The beneficiary, Mitsue Karimata Stone, also known as huana, if she is otherwise admissible under the Immigration and Emiko Taira, a native and citizen of Japan, was born on Nationality Act. The relief granted is limited to a ground for exclu- June 20, 1952. She completed high school in her native land sion known to the Department of State or the Department of Justice and was subsequently employed as a painter of kimonas from prior to enactment. April 1970 until June 1972 and as a bar hostess from June Copies of the beneficiary's court record, with a translation, are also until August of 1972. She was convicted in Japan on Decem- enclosed for the Committee's information. ber 28, 1972 of the offenses of being in possession of 0.03 Cordially, grams of heroin and of having purchased said heroin at a LINWOOD HOLTON. cost of $10. She was sentenced to one year imprisonment, Assistant Secretary for Congressional Relations. sentence suspended for three years during which time she is Enclosures. on probation. The beneficiary now resides with the interested party on Okinawa. Her widowed mother, one brother and one Submitted by the American Consulate General at Naha, Japan. sister reside in Japan. The interested party, Specialist Fourth Class Patrick MEMORANDUM OF INFORMATION CONCERNING H.R. 15788 FOR Gerard Stone, a United States citizen, was born on February THE RELIEF OF MITSUE (KARIMATA) STONE 21, 1953 at Houston, Texas. He is a high school graduate and has completed two semesters of college. On April 2, 1971, he The beneficiary was born on June 20, 1952, at Taira-City, enlisted in the United States Army and is presently serving Okinawa, Japan. She attended local schools and was a grad- in Okinawa, Japan. The interested party and the beneficiary uate of Aza-Kamahara, Koza-City High School in 1968. She were.married on June 29, 1973. Their only child, Peggy Ann, was later employed by various local firms as a factory worker S.R. 610 S.R. 610 5 4 ITEMS OF EVIDENCE and hostess. On June 29, 1973 she was married to a United 1. The statement of the accused made at the Court hearing. States citizen, Patrick Stone, an enlisted man serving with 2. The statement of the accused made to the Narcotics Control Offi- the U.S. Army in Okinawa. Their only child, Peggy Ann cer and the Public Procurator. Stone, was born in Okinawa on December 5, 1973. 3. The statement of Seiji Sakagawa made to the Narcotics Control On October 2, 1973 the beneficiary consulted with a con- Officer. sular officer about the possibility of obtaining an immigrant 4. The statement of Hatsumi Arasaki to the Public Procurator. visa. She was found ineligible under Section 212 (a) (23) of 5. The statement of Miko Hirayama to the Narcotics Control Officer. the Immigration and Nationality Act, due to her conviction 6. Examination report prepared by Taro Nishioka. by the Japanese Court on December 28, 1972 for the viola- 7. Examination report prepared by Kakei Taira. tion of Article 12 of the Japanese Narcotics Control Law. She was charged with possession of approximately .006 grams APPLICABLE LAWS of morphine and sentenced to one year penal servitude. The sentence was suspended for three years from the date of the For the conduct specified in the sentence: Paragraph 1, article trial conclusion. 64-2 and paragraph 1, article 12 of the Narcotics Control Law. The beneficiary is classifiable as an Immediate Relative. For increase of punishment for consolidated crimes: The first part The Consulate General's investigation revealed no addi- of article 45, the main clause of article 47, article 10 of the Criminal tional derogatory information concerning the beneficiary. Code. (Therefore, an increased punishment has been decided under The beneficiary underwent a medical examination on item 2 of the sentence which is heavier (more serious?).) August 15, 1974, and was found to be in good health. SUSPENSION OF EXECUTION OF SENTENCE [Rough translation: Visa case of Mitsue Karimata Aka Shoko Taira] Paragraph 1, article 25 of the Criminal Code. COURT DECISION FOR PLACEMENT UNDER PROBATION Accused Karimata, Mitsue, commonly called Taira, Shoko. Permanent address 1278, Aza-Karimatal, Hirara City. The first part of paragraph 1, article 25-2, Criminal Code. Present address: 50-3, Aza-Nakasono, Koza City. Date of birth : 20 June 1952. THE COST OF THE TRIAL Occupation: Hostess. With the presence of Public Procurator Seikyo Toma, the Court The main clause of paragraph 1, article 181, the Criminal Pro- examined the accused for suspicion of violation of Narcotic Control cedure Code. Law and rendered a decision as follows: Sentenced on this day of December 28, 1972. OSAMA HAYASHI, TEXT OF DECISION Judge, Naha District Court. The accused is sentenced to one year penal servitude; provided that Congressman John Slack, the author of the bill, submitted the fol- the execution is suspended for three years from the date of the trial lowing information in support of H.R. 4113 conclusion. CONGRESS OF THE UNITED STATES, During the period of-suspended execution of sentence, the accused HOUSE OF REPRESENTATIVES, will be placed on probation. Washington, D.C., July 11, 1974. The accused will bear the total cost of the trial. Hon. JOSHUA EILBERG, Chairman, Immigration, Citizenship and International Law, REASONS Committee on the Judiciary, Rayburn House Office Building, Facts constituting the offense Washington, D.C. The accused without legal exemption: DEAR MR. CHAIRMAN: This letter is written to ask that your Com- 1. At or about 1900 hours, August 20, 1972, at the road in front of mittee expeditiously consider H.R. 15788, for the relief of Mitsue (D.D.) No. 1402, Aza-Goya, Koza City, the accused was in possession Karimata Stone, which I introduced in the House of Representatives of approximately 0.03 grams of the narcotic hydrochloric jiathetic on July 2, 1974, after considering the matter at length. morphine. In reviewing the accompanying file, you will learn this situation 2. At or about 1800 hours, on the 21st day of the same month, in a has developed as a result of a premarital investigation conducted by ladies' toilet located at (D.D.) No. 1402, Aza-Goya, Koza City, the the United States Army. Upon completion of the investigation, per- accused obtained one package of jiathetic morphine (about 0.03 grams) for the price of $10.00 from Miko Hirayama, also known as Mikky. S.R. 610 S.R. 610 6 7 mission to marry was granted even though there had been an infrac- been arrested on a drug charge before he met her, and he had indicated tion of the drug laws. this to the Army during the premarital screening process on the Army There is now a child involved, and Specialist Stone is interested in Personal History Statement (TAB D, USFJ Form 196EJ of Febru- keeping his family together but will be unable to do SO unless this ary 1972 at page 6, number 19). The investigation by the Army and bill is enacted into law. Japanese police revealed no derogatory information about Mrs. Stone I will be most appreciative of your sympathetic consideration of despite the information Specialist Stone had provided (TAB E, Army this matter, I assure you. Pre-marriage Investigation, DA Form 2496 of 1 February 1962; TAB Yours sincerely, F, Personnel Security Action, DA Form 2784 of 1 December 1966; JOHN SLACK. and TAB G, Japanese Police Report). When these favorable reports were received and the Army approval given (TAB H) Specialist Stone made the reasonable assumption that the arrest record of his OFFICE OF THE STAFF JUDGE ADVOCATE, wife had been sealed in accordance with normal juvenile court pro- DEPARTMENT OF THE ARMY, APO San Francisco, Calif., May 3, 1974. cedures since his fiancee had not attained her majority at the time of her arrest, and that his wife would have no problem coming to Hon. JOHN SLACK, America. Therefore, the couple was married (TAB I, Witness to Rayburn House Office Building, Marriage). Washington, D.C. If Specialist Stone had known that his wife could not have entered DEAR SENATOR SLACK I am writing to you on behalf of Specialist the United States, he might never have married her. He believed that Four and Mrs. Patrick G. Stone, 548-94-9364, of Headquarters Com- the Army's screening process would do what it was intended to do, pany (MSA), APO San Francisco 96248. His permanent place of and his faith in the system has been rewarded by placing him in the residence is in your district at 1211 Lee Street, Charleston, West Vir- position of having to choose between living in his country or living ginia. As you may remember, Specialist Stone wrote to you last fall with his wife. He has recently re-enlisted and he will be on Okinawa to request your help in bringing his wife into the United States, and for one more year, but at the end of that time he must decide whether you replied that she was ineligible to immigrate because she had been he will leave his wife and child to return to America or whether he convicted on a drug charge (TAB A). After consulting you, Specialist will remain in an alien land throughout his married life. Stone explored every possible alternative means of getting a visa The various other forms Specialist Stone submitted to the Army are for his wife. A letter from his commanding officer, Captain Bowling, at TAB H. The Certificate of Marriage Interview (TAB I) indicates to the Secretary of the Army, Howard H. "Bo" Callaway, prompted that Specialist Stone received legal counseling about immigration laws a reply (TAB B) which offered what appears to be the only alterna- prior to the marriage. I usually give this class, and I know that in this tive. The Secretary stated that the only way Mrs. Stone can come to case, this certificate is misleading. What the counseling states is, in America is for Congress to pass a private bill on her behalf. essence, that a soldier's wife will not be allowed to enter the United Specialist Stone came to this office for help after receiving Secre- States if she does not satisfactorily complete the Army Screening tary Callaway's letter. I feel very strongly that Specialist Stone process. Because applicants are told that the Army investigation is as deserves help because of the unfortunate way the Army erred in thorough as the one which the immigration authorities will make at processing his application to marry and because his wife is now com- the time the visa application is submitted, the implication is clear that pletely rehabilitated and a member of a happy family group. I am sure she will be eligible to enter if she successfully completes the Army that you will share these feelings after you examine the inclosed docu- Screening process. Soldiers are told that the Army will not allow them ments. I hope that you will find this case to be meritorious and that you to marry girls who cannot enter the United States. The interview will help the Stone family. I believe that you will be better equipped encourages soldiers to be honest when they prepare the background to understand the Stones' dilemma if I tell you their story from the information forms to spare themselves eventual heartbreak. Specialist beginning. Under existing American law, Mrs. Mitsue Karimate Stone Stone was completely honest when he submitted his forms, and the is unable to immigrate to America because she has been convicted Army personnel who were charged with the responsibility of screen- by a Japanese Court for possession of heroin. She is a Japanese citi- ing fiancees of servicemen were obviously derelict in their duties be- zen who Specialist Stone has married during the time he has been cause they overlooked the information Specialist Stone gave them. stationed on Okinawa. They have one daughter (TAB C). The Army clearly failed to fulfill its obligations to Specialist Stone. The Army requires soldiers who are planning to marry local nation- Mrs. Stone is not now the kind of person the immigration laws are als overseas to undergo a rigorous screening process before permission supposed to exclude from the United States. She is a healthy, normal, to marry is given. This screening process includes an extensive back- productive mother and housewife, as the letters at TAB J will attest. ground check on the prospective bride and it is normally quite The letter from Specialist Stone's commanding officer (TAB K) thorough. The purpose of this requirement is to avoid situations in shows the character of her husband, and Mrs. Stone's Army Doctor which soldiers marry girls who are unable to enter the United States (TAB L) and Japanese Probation Officer (TAB M) both state that because of American immigration restrictions. In the Stone case, how- she is completely rehabilitated and should be allowed to accompany ever, the system broke down. Specialist Stone knew that his fiancee had her husband to the United States. S.R. 610 S.R. 610 8 Mrs. Stone was never a drug dealer or dangerous criminal. When 9 she graduated from high school, she took a highly respected, but low- paying job as a kimono painter in the capital city of Naha. When her 4113. I agree with the Members of the Subcommittee that in view of father died, leaving her mother deeply in debt, she took a new job as a the evidence provided and circumstances surrounding the beneficiary waitress in a bar catering to Americans. She made a great deal more the bill should be reported to the full Committee. money at this job than she had made painting because of the generous Your continued consideration and assistance in bringing the bill tipping habits of the Americans, and she was able to help her mother forward will be appreciated, I assure you. substantially. Yours sincerely, She began to date an American to whom she eventually became JOHN SLACK. engaged. He, unfortunately, had brought his addiction to heroin with him from Vietnam. She eventually yielded to his urging and tried Senator Robert C. Byrd has also submitted a letter in support of the heroin. By the time he was arrested for possession of heroin, she had bill: become an addict. She then had to acquire her own drugs, and she was U.S. SENATE, arrested by the Japanese police for buying heroin and for possessing COMMITTEE ON APPROPRIATIONS, it approximately one month after her fiancee's arrest. ashington, D.C., December 30, 1975. Although she was convicted in accordance with Japanese law and Hon. JAMES O. EASTLAND, given a suspended sentence (TAB N), she was guilty only of the pos- Chairman, Senate Committee on the Judiciary, Dirksen Senate Office session and purchase of drugs and she was never a "pusher." Her Building, Washington, D.C. criminality has been confined exclusively to the use of heroin and she DEAR MR. CHAIRMAN: I write to express interest in H.R. 4113, a has no other police record. She was hospitalized for two months after her arrest during which private bill in behalf of Mitsue Karimata Stone. This measure passed time she "kicked" her habit. She later met Specialist Stone, quit the House of Representatives December 16, 1975, and is now pending before the Senate Judiciary Committee. working in the bar, and began to lead a normal life. She is now com- pletely rehabilitated, and leads a productive life as a wife and mother. The Honorable John M. Slack, the Congressman from my State who Her infant daughter is an American citizen. The child's future would sponsored this legislation, advises me that the House Judiciary Com- be bleak if she either accompanied her father to America and left her mittee has substantial documentation on file concerning the extenuat- mother behind or if she had to spend her life in an alien environment ing circumstances involved in Mrs. Stone's case. I hope that the meas- where she would be unable to attend Japanese schools or be assimilated ure can be given expeditious consideration by the Committee, and I would appreciate being apprised of the action taken on it. by the surrounding society. Since it was a mistake made by the Army which allowed the Stones With kind regards. to marry, since Mrs. Stone is now completely rehabilitated, and since Sincerely yours, a child is involved who is an American citizen and whose whole life ROBERT C. BYRD, U.S. Senator. will be adversely affected if her mother cannot enter the United States, I hope that you will help this unfortunate family. You are the only The committee, after consideration of all the facts in the case, is of remaining hope the Stones have of coming to America together. the opinion that the bill (H.R. 4113) should be enacted. Thank you very much for any assistance you can render Specialist Stone and his family. Since this is a matter of the utmost importance to the Stones your prompt reply would be greatly appreciated. Sincerely, GREGORY BRUCE ENGLISH, Captain, Chief, Legals Assistance Division. [The enclosures referred to in the above letter are in the files of the Committee on the Judiciary.] CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, D.C., pril 23, 1975. Hon. JOSHUA EILBERG, Chairman, Subcommittee on Immigration, Citizenship, and Inter- national Law, Rayburn House Office Building, Washington, D.C. DEAR MR. CHAIRMAN: Your letter of April 21st has been received, and I appreciate knowing of the Subcommittee consideration of H.R. S.R. 610 S.R. 610 H. R. 4113 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act For the relief of Mitsue Karimata Stone. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- ing the provision of section 212(a) (23) of the Immigration and Nationality Act, Mitsue Karimata Stone may be issued a visa and admitted to the United States for permanent residence if she is found to be otherwise admissable under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. February 3, 1976 Dear Mr. Director: Dear bisic Director: The following bills were received at the White The folloving bills were you House on February 3rd: Home on Fabruary 3:0: . H.R. 1399 H.R. 5750 M.R. 2399 I H.R. 1758 K.R. 8451 H.R. 1758 L H.R. 4046 H.R. 8555 H.H. 4046 F.S. H.R. 4113 K.R. 8907 H.R. 4313 H.R. 4939 H.R. 4939 Please let the President have reports and Please let the President has recommendations as to the approval of these recommendations RD to the BY bills as soon as possible. bille 0.0 BOOD an possible. Sincerely, Robert D. Linder R Chief Executive Clerk 3 The Nonorable James T. Lynn the Houseble Justice T. Lynn Director Director Office of Management and Budget Office of and Washington, D. c. Washington, D.C.