Memorandum On the Subject of the Walter Omnibus Immigration and Naturalization Bill, House Resolution 5678

AAD 8 the Subject: The Walter Omnibus Immigration and Naturalisation Bill, H.R. 5678 This bill is put forward as a generel revision of our immigration and naturalization lawa and makes a great many changes in existing laws. Some of these changes are highly desirable and long overdue. Others, however, are restrictive and repressive and would be difficult or impossible to administer with fairness and equity. Among the most significant of the disadvantageous provisions of the bill are the following: Discriminatory quota provisions While the Walter Bill would improve existing laws by removing racial bars to naturalization and by extending limited quotas to certain countries in Asia for the first time, it would also introduce new forms of racial discrimination against the immigration of Asians and of colonial peoples. For example, in the case of Asians, section 202 requires that persons whose ancestry is at least 50 percent Oriental nust come in under the quota of the country of ethnic origin rather than the quota of the country of birth. This is a requirement which applies only to Asians, not to any others, and is clearly discriminatory for that reason. Another pro- vision of section 202 would ultimately result in the reduction of the annual quotas of many Asian countries below the minimua of 100 which would be accorded to all other countries in the world. Undesirable provisions relating to exclusion of aliens 1. Present laws tar aliens who have been convicted of erimes involving moral turpitude or who admit having committed euch crimes. Section 212(a)(9) of the Walter Bill would also bar aliens who admit having committed the "essential elements" of such crines-whatever that may mean. Section 212(a)(10) bars aliens who have been convicted of two or nore offenses-mother than purely political offenses and regardless of moral turpitude--for which the sentence imposed was five years or more. This might make it impossible for the United States to receive persons whose only crime was to violate oppressive laws of totalitarian countries. 2. Present laws provide for the exclusion of aliena when thare is reason to believe they would engage in any activity "subversivo to the national security." The Walter Bill, under section 212(a)(29), excludes aliens who "probably" would engage in such activities. This is an extra- ordinarily subjective standard open to obvious abuse by the administrative officer who would have to interpret it. 3. Existing laws grant exemption from literacy requirements to religious persecutees and to certain close relatives of aliens who have been admitted to this country. These exemptions would be dropped by section 212(a)(25).