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DEXTER AND ELIZABETH SHIOMI

APRIL 22, 1940.-Ordered to be printed

Mr. HOLMAN, from the Committee on Immigration, submitted the following

REPORT

[To accompany S. 2909]

The Committee on Immigration, to whom was referred the bill (S. 2909) for the relief of Dexter and Elizabeth Shiomi, having considered the same, report it back to the Senate without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

That in the administration of the immigration and naturalization laws, the Secretary of Labor be, and is hereby, authorized and directed to record the lawful admittance for permanent residence of Dexter and Elizabeth Shiomi.

GENERAL INFORMATION

The letter from the Secretary of Labor, printed below, explains fully the facts of the case.

Hon. RICHARD B. RUSSELL, JR.,
Chairman, Senate Committee on Immigration,

FEBRUARY 2, 1940.

United States Senate, Washington, D. C.

MY DEAR SENATOR RUSSELL: I have your letter of July 29, 1939, addressed to the Commissioner of Immigration and Naturalization, requesting the views of this Department on Senate bill No. 2909, introduced by Senator Mead for the relief of Dexter and Elizabeth Shiomi.

A review of the immigration file in this case shows that Kiyoshi Dexter Shiomi and Elizabeth Shiomi, natives of Japan, aged 17 and 11 years, respectively, entered the United States at Seattle, Wash., on May 3, 1930, at which time they were admitted as temporary visitors for a period of 1 month.

The mother of these children is of the white race, born in the United States. She married a Japanese on October 23, 1920, thereby losing her United States citizenship. However, she was repatriated in July 1931. She was divorced from her Japanese husband in 1933, and he resides in Japan.

The time within which the children might remain here as temporary visitors was extended from time to time, but the Department found it necessary under the law to deny a request that the status under which they were admitted might be changed from that of temporary visitors to that of persons admitted for permanent residence. On July 8, 1935, Elizabeth Shiomi was examined by officials of the United States Public Health Service and was found to be afflicted with feeble-mindedness.

Mrs.

There has been much conflicting testimony in connection with this case. Shiomi, who has been living with her children at the home of her father, Mr. Rogers, desires that the children be permitted to remain in this country. Although it is apparent from the record that Mr. Shiomi, the father of the children, did not support them during their residence in Japan and has not contributed to their support since their return to this country, he apparently desires that they be returned to Japan. Mr. Shiomi's father has testified that he was well situated financially and was willing to take care of her and her children. However, Mrs. Shiomi's stepmother has been much opposed to having her husband contribute to the support of his daughter and the two children, and has been very active in her endeavor to have the children returned to Japan.

In view of the conflicting testimony it was deemed advisable to issue a warrant for the arrest of the two children in deportation proceedings, primarily for the purpose of developing all the facts in connection with their case. The warrant contained the ground that they were in the United States in violation of the Immigration Act of 1924, in that they were aliens ineligible to citizenship and not exempted by paragraph (c), section 13, thereof, and that they had remained in the United States for a longer time than permitted under the said act or regulations made thereunder. In considering their case the Department, on March 26, 1937, directed that the case be held in abeyance for a period of 1 year so that the facts might be reconsidered in the event legislation should be passed which might benefit these children. The designated legislation, however, failed of passage.

With regard to this case, the Reverend Shirley H. Nichols, Bishop of Kyoto, Japan, wrote me under date of October 27, 1937, and, with reference to the father of the two children, stated as follows:

16* * * he is, was, and so far as I can see, always will be, unable financially and in point of character, to take proper care of the children.'

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It would be extremely harsh to enforce the departure of these children to Japan, and it is therefore my recommendation that the bill receive favorable consideration. (Signed) FRANCES PERKINS, Secretary of Labor.

Your committee, after carefully considering the facts and evidence in these cases, recommend that the bill be favorably reported to the Senate and that the same do pass.

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Mr. HOLMAN, from the Committee on Immigration, submitted the

following

REPORT

[To accompany H. R. 7246]

The Committee on Immigration, to whom was referred the bill (H. R. 7246) for the relief of Madeline Vera Buchholz, having considered the same, report it back to the Senate without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The bill authorizes and directs the Secretary of Labor to record the lawful admittance for permanent residence Madeline Vera Buchholz and that she shall, for all purposes under the immigration and naturalization laws, be deemed to have been lawfully admitted to the United States as an immigrant for permanent residence.

The House committee report sets out the facts of the case in detail and it is printed as part of this report.

Your committee, after carefully considering the facts and evidence in this case, recommend that the bill be favorably reported to the Senate and that the same do pass.

[H. Rept. No. 1445, 76th Cong., 1st sess.]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 7246) for the relief of Madeline Vera Buchholz, having considered the same, report it back to the House with amendments and recommended that the bill, as amended, do pass.

The amendments are as follows:

First. Amend the title by striking out the word "Bucholz", the name of the alien and insert in lieu thereof the word "Buchholz", which is the proper way to spell the alien's name, so that the title will read: "A bill for the relief of Madeline Vera Buchholz."

Second. In line 6 strike out the word "Bucholz", which is the name of the alien misspelled, and insert in lieu thereof the word "Buchholz”.

PURPOSE OF THE BILL

The bill if enacted into law would legalize the entry of the alien for permanent residence and declare her to be legally admitted.

GENERAL INFORMATION

The alien, Mrs. Buchholz, is a native of Canada, the husband is an Americanborn citizen and a veteran of the World War. After his discharge from the Army, unable to secure work in the United States he went to Canada, where he married the alien, Madeline Vera Buchholz. Six children were born while the alien and husband lived in Canada; the children, however, are American citizens. In 1932 the husband and his alien wife and family returned to the United States, the husband and children coming in as American citizens, the alien wife coming in on a temporary visa. They have resided in Los Angeles, Calif., ever since. Two children have been born in the United States, the youngest being 1 year old. The oldest child is 14 years of age.

The Department of Labor, having discovered that the alien wife came in on a temporary visa and has overstayed the time, ordered her deported. On account of being poor people and without means the alien believes she will be permanently separated from her husband and children.

The anxiety and worry caused by the order of deportation preyed upon the husband's mind and he became violently insane. Members of the American Legion, civic and other societies, have urged the passage of this legislation in order to keep together this family.

There appeared before the committee the author of the bill, Congressman Kramer, and presented the facts. There was also present a representative of the Department of Labor who stated that the statements made as set forth herein are correct.

The committee, after considering the facts presented, ordered the bill reported favorably.

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GERALD HENRY SIMPSON

APRIL 22, 1940.-Ordered to be printed

Mr. HOLMAN, from the Committee on Immigration, submitted the

following

REPORT

[To accompany H. R. 7814]

The Committee on Immigration, to whom was referred the bill (H. R. 7814) for the relief of Gerald Henry Simpson, having considered the same report it back to the Senate without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of this bill is to record the alien as having entered legally on February 9, 1937, for permanent residence, and to make him admissible to citizenship. It would also permit him to be naturalized under this act without requiring a certificate of arrival or a declaration of intention. It further would waive the period of residence ordinarily required and permit the petition for citizenship to be filed with any court having naturalization jurisdiction immediately following the date of the enactment of this act.

GENERAL INFORMATION

This bill passed the House of Representatives on April 2, 1940, and there is printed below the House committee report which outlines fully the facts in the case.

(H. Rept. No. 1804, 76th Cong., 3d sess.]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 7814) for the relief of Gerald Henry Simpson, having considered the same, report it back to the House without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of this bill is to record the alien as having entered legally on February 9, 1937, for permanent residence and to make him admissible to citizen

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