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OCR Page 1 of 103APPROVED
EXECUTIVE OFFICE OF THE PRESIDENT
AUG T 1946
York LIBRARY
BUREAU OF THE budget
WASHINGTON, 25, D.C.
AUG 5 1946
My dear Mr. Latta:
The Congress has enacted H. R. 386, a bill "To amend the law
relating to the authority of certain employees of the Immigration and
Naturalization Service to make arrests without warrant in certain cases
and to search vehicles within certain areas."
Under existing law, arrests of aliens may be made without warrant
only if the alien is entering or attempting to enter the United States
in the presence or view of the arresting officer. Aliens illegally in
the United States may be arrested only pursuant to a warrant issued by
the Immigration and Naturalization Service. This limitation is cumber-
some and at times results in frustrating the ends of justice.
The bill under consideration confers the power to make arrests in
such cases without a warrant on personnel of the Immigration and Natural-
ization Service with a restriction that an alien so taken into custody be
accorded a hearing without unnecessary delay.
It also confers upon personnel of the Immigration and Naturalization
Service the power of arrest in cases of violations of immigration laws,
subject to the same limitations as those generally imposed on the right
of an officer to make an arrest.
Existing law confers on personnel of the Service the right to search
vessels and vehicles for aliens being brought into the United States.
This authority is extended to cover aircraft, in the light of recent
developments in aircraft transportation.
In the enforcement of the immigration laws it is at times desirable
to stop and search vehicles within a reasonable distance from the boundar-
ies of the United States, and the legal right to do so is conferred by
the measure.
A facsimile of the enrolled enactment has been referred to the Office
of the Attorney General, and its reply, recommending approval of the bill,
is attached.
I am authorized by the Director of the Bureau of the Budget to recom-
mend that the bill be approved.
Very truly yours,
Assistant #Bailey Director,
Mr. M. C. Latta,
Legislative Reference.
The White House.
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