A-1406381
Decided by Board April 13, 1951
Subversive, proscribed organization, member or affiliate of — Expulsion ground — Act of 1918, as amended — "Voluntary" membership or affiliation — Public Law 14, March 28, 1951 — Term "voluntary" construed — Evidence.
In order for membership in any organization to be considered voluntary, it is essential that the member be cognizant of the kind of organization he has joined. The facts in this case support the stipulation in this case to the effect that at the time of joining in 1933 during a strike (if he actually joined for the 7-week period involved, there being no receipt of a membership card, dues book, or pertinent literature, etc.) the respondent had no knowledge that the Workers Party (United States) was communistic or was affiliated with the Communist Party (of the United States of America), and that as soon as he discovered that it was such an organization he ceased his relationship with such Workers Party. The alien is no longer deportable under the Internal Security Act of 1950 or the 1918 act, as amended, on the basis of the evidence in this case (act of March 28, 1951), Public Law 14 (S. 728, H.R. 2239), and instructions governing its application).
CHARGES:
Warrant: Act of 1918 — After entry was a member of the following class set forth in section 1 of said act: An alien who is a member of an organization, association, society, and group that advises, advocates, and teaches the overthrow, by force and violence, of the Government of the United States.
Act of 1918 — After entry was a member of the following class set forth in section 1 of said act: An alien who is a member of an organization, association, society, and group that writes, circulates, distributes, prints, publishes, and displays any written and printed matter advising, advocating and teaching the overthrow, by force and violence, of the Government of the United States.
BEFORE THE BOARD
Discussion: The respondent is a native and was a citizen of Sweden, who entered the United States without inspection on March 22, 1924. He has lived in the United States at all times since his entry, is married to a United States citizen, and is the father of two citizen children.
In 1940 respondent desired to acquire United States citizenship. During an investigation he stated that he had been a member of the Communist Party over a period of several weeks in 1933. That statement gave rise to the present proceedings.
The record contains a stipulation between respondent, his attorney, and the examining officer, representing the Immigration and Naturalization Service. This stipulation reads in part as follows:
(9) That the respondent joined an organization known as the Workers Party on or about March 1933 and was a member thereof for approximately seven weeks until about May 1933.
(10) That at the time of the joining of the said Workers Party the respondent had no knowledge that said organization was Communistic or was affiliated with or identified with the Communist Party.
(11) That upon discovery of such facts as led respondent to believe that said organization was affiliated with the Communist Party, respondent immediately ceased his relationship with said Workers Party.
(12) That respondent never attended any meeting of the organization known as the Workers Party nor ever took part in any of its activities.
(13) That the Workers Party herein referred to as having been joined by the respondent, is admitted to have been the Communist Party.
(14) That the Communist Party, during the period from about March 1933 to about May 1933, advised, advocated, and taught the overthrow by force and violence of the Government of the United States.
(15) That the Communist Party, during the period from about March 1933 to about May 1933, was an organization, association, society, and group that wrote, circulated, distributed, printed, published, and displayed written and printed matter advising, advocating, and teaching the overthrow by force and violence of the Government of the United States.
Counsel informed this Board during oral argument that the reason he signed the above stipulation was because he was informed by representatives of the Immigration and Naturalization Service that if he failed to stipulate it would be necessary for the Government to introduce evidence designed to prove that the Workers Party and the Communist Party were one, and that the Communist Party in 1933 was an organization which advocated the overthrow of the Government by force and violance. Counsel claims that in order to shorten the hearing, and because the Government informed him that it could prove these things, and because he was informed that his client would not be deported, counsel and respondent cooperated with the Service by signing the stipulation.
The hearing examiner in his recommended decision said:
To break up respondent's home and deport him because of an impulsive action that apparently consisted of no more than paying out the sum of 60 cents, and possibly signing his name to a membership card (although even this latter step is not shown in the record), 17 years ago, would appear to serve no useful purpose particularly at this late date, and respondent's family would be the chief sufferers in the event such penalty were imposed upon him.
Nevertheless, despite the many favorable factors to his credit, the fact remains that respondent is subject to deportation on grounds specified in section 19 (d) of the Immigration Act of 1917, as amended, and the undersigned is precluded by regulation from making any recommendation respecting possible relief in this case.
Following the hearing and this recommendation the Congress of the United States enacted the Internal Security Act of 1950, effective September 23, 1950, which eliminated the authority we had prior to that time to grant 7th proviso relief in this type of case. On March 28, 1951, Public Law 14 (S. 728) amending the act of 1918, as amended, was approved by the President. Section 1 of the new act provides: "That the Attorney General is hereby authorized and directed to provide by regulations that the terms `members of' and `affiliated with' where used in the act of October 16, 1918, as amended, shall include only membership or affiliation which is or was voluntary."
Instructions governing the application of the amended act were prepared jointly by the Immigration and Naturalization Service, the Department of State and the Displaced Persons Commission. These instructions were issued on March 28, 1951. In part they provide as follows:
4. The term "voluntary" when used in relation to membership in, or affiliation with, a proscribed party or organization shall be construed to mean membership or affiliation which is or was knowingly created by the alien's act of joining or affiliating, upon his own volition, with such proscribed party or organization.
In order for membership in any organization to be considered voluntary, it is essential that the member be cognizant of the kind of organization he has joined. The stipulation in the present case provides that at the time of joining the party respondent had no knowledge that the Workers Party was communistic or was affiliated with the Communist Party, and that as soon as he discovered that it was such an organization he ceased his relationship with the Workers Party. The facts in this case support the stipulation.
There is no evidence in the record, aside from respondent's own statements, that he was in fact a member of the Communist Party. His membership came about in this way: In 1933 there was a pay cut of 28 to 25 cents per hour in the furniture factory where respondent was working, resulting in a spontaneous strike. Respondent and others testified that there were several out-of-town organizers who attempted to enter the strike situation and organize unions. The respondent testified that he met a person named S---- P---- who told him that his (P----'s) organization would help the strikers with their picketing and provide funds and food. Respondent testified that he paid S---- P---- 50 cents dues and later another 10 cents. He does not know who S---- P---- was, where he came from, or where he went. After the strike was over the organizers departed. He believes S---- P---- to be dead. There were three meetings during the strike. The Assistant Commissioner's opinion states that these meetings were meetings of the Workers Party. Respondent and N---- B----, who appeared as a witness for respondent, both testified that these meetings were not meetings of the Communist or Workers Party. They were organization meetings, meetings which were attempts to organize a union and to channel the strike activities into constructive outlets. An independent union did come out of the strike, and is still in existence in that plant. So far as respondent and his witness know, there is no active Communist or Workers Party in Jamestown, N.Y. Respondent has never received any membership card, dues book, or Communist literature. There is nothing in the record to show that S---- P---- was actually an agent for the Workers or Communist Party, or that the party ever received any of the 60 cents paid by respondent in the form of dues. We doubt that respondent has been at any time a member of or affiliated with a proscribed organization.
Respondent is no longer deportable under the Internal Security Act or the 1918 act as amended.
Order: It is ordered that the warrant and order of deportation be withdrawn and the proceedings terminated.