Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-11-22
Supreme: Court
Hears Chinese
InlnligrantCase
BY HOWARD L. DUTKIN

BY HOWARD L. DUTkIN
United States immigration
authorities were guilty of illegal
race discrimination when thgy
gave blood tests to all Chinese
seeking to enter this country
while not applying the same
procedure to whites. the Su-
preme Court was told yester-
day by attorneys for three Chi
nese seeking admission.
But Justice Department At
torney John F. Davis said ex-
traordinary care must be taken
with Chinese immigrants who.
he said, while generally law
abiding, have not hesitated to
use fraud to gain entrance to
the United States.
Claim u. S. Fathers
With the low Chinese immi-
grafton quota. he said, a fav-
orite trick is to claim to be the
China-born offspring of an
American Chinese father so
that the citizenship of the par
ent may be claimed-thus, the
blood tests of both alleged par
ent and children to determine
parentage.
While Mr.. Davis admitted
that. by and large" the tests
were limited to Chinese, the
practice was changed in 1855
to include other immigrants, he
stated.
So many Chinese declare they
were born in the United States
but that the certificates were
destroyed in the San Fran
cisco fire. Mr.. Davis said that,
If it were true. each Chinese
woman in this country must
have given birth to 800 chill
dren.
Central figures in the case
are two brothers and a sister
who. then aged %. Is and IL,
arrived at Ellis Island from
Hong Kong in 1852.
Although they were born in
China. they asserted their
father was an American citi-
zen, Lee Ha. The mother, a
permanent resident alien of the
United States, it was commended,
had come to this country in
1949 to join the father while
the children were left behind
to finish their schooling.
The children and the alleged
parents were given blood tests.
One test excluded all three
purported offspring. A second
test excluded two of them.
Illegal. Entry Plan
A Federal judge in New York
declared tests, given only to
Chinese were illegal as racially
discriminatory. Since the de-
scription given by the appli-
cants Of their home life with
the alleged parents seemed rea-
sonably true. their admission
was ordered. This ruling was
upset later by a Federal ap-
peals court and the case found
its way to the High Court. with
Attorneys Benjamin Gin anc
Edward Ennis representing the
applicants. The three Chinese
are free on bond pending de-
portation which, in turn, await;
the outcome of the Supreme
Court action.
The Justice Department out.
lined an ingenious plan which
has been used by some, Chinese
to enter this country illegally
Since the Reds took over main
land China, the plan now ap'
pears in Nationalist areas anC
Hong Kong. A male American
Chinese returns to China Il
visit his wife who has remained
there, since the laws make i
difficult for her to enter thi
country.
Returning to the Unitet
States. the husband reports t,
authorities that he has, durinI
his stay. fathered the highes
possible number Of offspring
This creates immigration
slots" or openings for the state'
number to enter as children
OF an American father.
These "Slots" are then soil
through brokers to Chinese VIII
are Eager tn come here.