Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-08
ALIEN EXPULSION
ABUSES ON WANE.
Secretary Doak Answers
WiekerSham Charges of
Grave Abuses.
Continued From First page.)


cute them, he said, with special power
vested in the President to relieve hard
ships in special cases.
Dissenting also, Justice Macintosh
said:
"A careful reading Of Mr. Open
heimer's report leaves me with the
impression that from necessarily IN
complete study of a relatively small
portion Of the deportation cases, in
stances of abuse have received over
emphasis and differences of abuse have
been INDUCED IN where a full knowl-
edge of all the facIS would justify the
results obtained. 1 do not believe that
these laws are being so negltgently or
abusively administered as this report
seems to indicate. To believe otherwise
I would require more clear, cogent.
and convincing evidence than has been
so far offered"
He added that he did not believe
that "the difference between a judicial
and an administrative function" had
been kept as clearly In mind as It
should have been. All the formalities
of a criminal Investigation are not
necessary in a deportation proceeding,
he said, although, he emphasized,
this does not relieve the Government
from an obligation of fairness and just
dealing"
He also opposed the setting up of an
Independent tribunal, seeing it as a
useless appendageI to governmental
machinery.
Justice Macintosh likewise admitted
that there are mistakes made in the
present set-up, but said that more care
full handling would avoid these. A
change in the law to allow exercise Of
served hardship is worked, also Is de-
sirable. in the iurtSt's opinion.
InfexibiIity Is Criticized.
Much of the report was devoted to
criticism of the infiexibility Of the de-
portation laws and the rigid rulings
Oppenheimer said often we're made
under them.
AT the outset. Oppenheimer points
out that more than 10000 aliens have
been deported from this country under
warrant proceedings in the past 10
years, and that for the six years that
records have been kept, more than
e5 600 subject to deportation have been
allowed to depart voluntarily. The
number of aliens unlawfully in the
country he said has been vartouSly
estimated between 100000 to 100000.
The right to deport undesirables is
unquestioned. he said, this class con-
shutting a problem that is particularly
acute" In times of economic depression.
On the other hand, Oppenheirner con-
tinues, "the processes of deportation
may involve the most important Of
human rights"
1.-THE proportion Of deportees who are
members of the criminal or immoral
classes is comparatively small: most
persons who are deported are guilty
only Of technical violations Of our
laws" he says.
while there is some little discretion,
however limited, in effecting deporta-
Is expelled he Is forever barred from
readmission to this country"
Then the report adds: THE absence
of discretionary power, both in the de-
portation of aliens and the readmis-
sion Of aliens who have been hereto
fore deported, has had results which
should not be tolerated in a civilized
country"
explaining that approximately
100, 900 supposed aliens come annually
under investigation as to their right to
be in this country, the report outlines
the procedure followed in this probe.
The first step is detention and ques-
tioning by the local immigration Of
fetal, which is characterized as "the
entire basis for the deportation pro-
ceedings."
This examination" It continues,
''is conducted in private and the
suspect is not allowed to have counsel.
The questions Of the immigration in
spector are often not confined to the
time and manner Of the suspect
entry. In many Of the cases there is a
searching eross-exssmination involving
among other matters questions as to
the supposed aliens private beliefs and
personal morality. In a large proper
Is not apprised of any rights that he
may have. In many of the cases the
statements are not given voluntarily
but are the result of fear, of restraint
of liberty, and In some cases of duress.
These preliminary examinations are
not only the principal ground for SUBJ
6equent deportation but often them
prosecutions"
IN this connection. declaring that no
Federal officer has the right to extort
q confession, the report says that
"dureSs need not take the form Of
physical violence to be Illegal" quoting
IN suhstantiation Of this a Supreme
Court ruling in the celebrated local
case Of Ziang Sun Wan, who finally
won his freedom in the Chinese Edu-
cational Mission murders several years
ago, after being condemned to die.
There is strong ground for the
belief that many OF the statements
taken from the supposed aliens are ex-
torted by methods both illegal and
unfair" 1t is asserted
The report points out also that many
Of those subjected to this probe are
either American citizens or aliens
legally in this country.
II preliminary investigation justifeS
sometimes without this preliminary
examination. 1t is charged--the in.
spector applies for a warrant OF arrest
This must be issued in Washington
Then. when another hearing is held
this time TO determine II deportation
warrant is 10 be asked. the suspect is
allowed TO have counsel Often the
same inspector who conducted the first
hearing conducts this examination also
II deportation is recommended, tht
record in the case goes to the Board oi
Review in the Department Of Labor
II makes its recommendations either
to one Of the two assistants to the
Secretary Of Labor or 70 an assistant
secretary, who decides If a deportation
warrant should be issued
In the majority of cases. It is de-
clared, the Board OF Review acts ir
accordance with the recommendation
Of the inspector. and the official tc
whom the boards report goes usually
follows its advice.
The danger OF such q line of pro.
cedure Is emphasized by the report
which says that in some of the case.
the record itself shows that the ex.
aiming inspector has made up hi,
mind that the alien should be de.
ported and Is doing everything pos.
6ible 70 accomplish that end"
In many of the cases the demeanol
Of the examining inspector is courteous
and often kind" the report says or
a. al a.