"Through friends he escaped to England and finally came to the United States with his family. It seems they came here on a temporary vise which is about, or has already expired, hence the above-mentioned bill. "To send these people back to Jugoslavia would mean imposing upon good potential and loyal Americans the death penalty. "Therefore in behalf of many of our mutual friends as well as myself I ask you to use your influence in behalf of these people when the bill comes up for final consideration." May I also call your attention to the fact that the Jurisevics are truly stateless, and therefore cannot be deported. I earnestly hope you may see fit to report this bill favorably to the full committee. Kindest personal regards. Sincerely, PAT MCCARRAN. The committee, after consideration of all the facts in the case, is of the opinion that the bill (S. 32) should be enacted and it therefore accordingly so recommends its enactment. O S. Repts. 81-1, vol. 1-11 Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 901 The Committee on the Judiciary, to whom was referred the bill (S. 90) for the relief of Richard Kim, having considered the same, do now report the bill favorably to the Senate with an amendment in the nature of a substitute, and recommend that the bill as amended do pass. AMENDMENT Strike out all after the enacting clause and insert in lieu thereof the following: That in the administration of the Immigration and Naturalization Laws, Richard Kim, who served as a member of the armed forces of the United States, shall be considered to have been lawfully admitted for permanent residence as of the date of his last entry into the United States, upon the payment of the visa fee of $10 and the head tax of $8. The Secretary of State is directed to instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that said quota is available. PURPOSE OF THE BILL The purpose of the bill, as amended, is to grant the status of permanent residence to one Richard Kim, who served as a member of the armed forces of this country. The bill further provides for the appropriate quota deduction. STATEMENT OF FACTS The pertinent facts in the case are set forth in the following letter, with reference to an identical bi which passed the Senate during the Eightieth Congress, dated May 26, 1948, addressed to the then chair man of the Senate Committee on the Judiciary from the office of the assistant to the Attorney General: DE..RTMENT OF JUSTICE, OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL, Hon. ALEXANDER WILEY, United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 108) to provide for the naturalization of Richard Kim. This bill would provide that its beneficiary may be naturalized upon compliance with sections 701 and 702 of the Nationality Act of 1940, which authorizes the naturalization of persons who have served in the armed forces of the United States without compliance with certain requirements, notwithstanding the fact that at the time of his enlistment or induction into the armed forces of the United States he was not a resident of the United States, and had not been lawfully admitted thereto. By act approved December 28, 1945, the statute granting special naturalization privileges to persons who had served in the armed forces was amended to provide that the petition for naturalization "shall be filed not later than December 31, 1946." Enactment of this bill in its present form would, therefore, accomplish no purpose. It appears from the files of the Immigration and Naturalization Service of this Department that the beneficiary of this bill was born at Seoul, Korea, on June 29, 1927, and that he is of the Korcan race. He entered the United States at Seattle, Wash., on October 22, 1946, as a member of the armed forces of this country, from which he was honorably discharged at Camp Beale, Calif., on December 21, 1946. He was not eligible for naturalization under the provisions of the statute granting special naturalization privileges to persons who had served in the armed forces because at the time of his enlistment he was not a resident of the United States and had not been lawfully admitted thereto. Mr. Kim enlisted in the China Service Command on December 7, 1944, at the age of 17, and served as a member of the American Expeditionary Forces in China in the vicinity of Kunming and Shanghai prior to entering the United States. He is presently enrolled as a senior student at the Mount Hermon School, Mount Hermon, Mass., where he is taking a college preparatory course under the GI bill of rights. He is considered to be a good student, and a person of excellent character. He has stated that it is his intention upon the completion of his course at Mount Hermon School to enroll at Dickinson College at Carlisle, Pa., for a premedical course with a view to entering Johns Hopkins University to study medicine. He stated that his father graduated from Johns Hopkins and practiced medicine in Shanghai, China. He has two brothers in the United States, and his mother resides in Honolulu, Hawaii. The Seventy-ninth Congress enacted special legislation to provide for the naturalization of one of his brothers (Private Law 808, 79th Cong.). While, as stated above, enactment of this measure in its present form would accomplish no purpose, whether appropriate legislation should be enacted to grant the special relief sought involves a question of legislative policy concerning which this Department prefers not to make any recommendation. If the bill is to receive favorable consideration, however, it is suggested that it be amended by substituting a comma for the period at the end of line 11, and adding the following: "and the further fact that the time for filing a petition for naturalization expired December 31, 1946.' Yours sincerely, PEYTON FOrd, The committee, after consideration of all the facts in the case, is of the opinion that the bill S. 90, as amended, should be enacted and it therefore accordingly so recommends its enactment. о |