Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-09
The Deportation of Undesirables

1t would be mischievously unfair and
incorrect to accept the report of the
Crimes Commission upon the subject
of deportation of undesirable aliens as
a complete survey OF the conditions in
which the law providing for their re-
turn to their native countries is adj
ministered. The report, which is mainly
an Endorsement by q majority of the
commission Of the findings and OBJ
servations Of special investigator, not
member of the commission, in the
first place sets out that the spirit
Of the immigration Bureau and its
agents has for the most part been fair
Then 1t proceeds to find exceptions to
this general spirit of fairness and sets
them forth in detail and to the exclu-
sion of the mass of the cases in which
the law has been properly and con-
siderately enforced. The misfortune Is
that the stress Is put upon the excep-
tions, causing the commission itself in
its majority finding to characterize the
methods sometimes" employed by the
bureau as unconstitutional. tyrannic
and oppressive" The effect of such q
statement of the matter Is to impress
upon the public mind the charge that
the bureau has in the main been thus
tyrannous and oppressive and that the
courts have permitted unconstitutional
practices in the handling of these aliens.
A closer reading Of the report than
viii be given by many reveals that the
instances of harsh and ''tyranuous"
treatment of the unfortunate aliens who
are found TO be within the country in
violation of the law are indeed excep-
tional. Probably II the sxact numbers
were known it would be found that in
a very small percentage OF cases are
these unhappy people given such treat
ment. Mr.. Oppenheimer, who made the
inquiry and wrote the report, based his
recommendation on only 453 cases
which came under his personal study.
In all likelihood these compsssed most
If not all Of the questionable instances.
There viii be no public dissent from
the principle Of the law which forbids
the presence In this country Of persons
Of foreign birth who are hostile to the
laws Of this land and who are engaged
in subversive activity or in criminal
practices. Nor viii there be dissent
from the sentiment of the commission,
rejecting the spirit OF the investigator
whose report it adopts. that the law OF
expulsion should be executed only after
the fullest and fairest inquiry, with con-
sideration for the rights Of the defend
ants. But that the departures from this
standard of procedure are characteristic
Of the whole process will not be believed.
Certain changes are recommended in
the law and in the practices Of admin
istration. Some of them are admirable.
Others are Questionable There viii he
sharp dissent from the proposal to
establish a board OF alien appeals, de-
tached entirely from the Labor Depart
ment This board as outlined. would
be a Teritable court, dispoSing OF all
deportation charges, the immigration
Bureau merely investigating and pre-
pairing the cases. Such a court would
not assuredly be more effective, either
for the clearance Of the country Of un-
desirables or for the avoidance Of in
justices such as those which are now
alleged to reflect upon the fairness
and the efficiency OF the present sys-
tenn. Changes may be made, TO good
effect, in the procedure, but there Is
no need for another court, which would
simply be means Of protracting the
inquiries and delaying decisions and
final action.