A-7660867 (A-2354294).
Decided by Board July 8, 1946. Approved by Attorney General July 15, 1946.
Suspension of deportation — Section 19 (c) (2), Immigration Act of 1917, as amended — Economic detriment — Test.
"Economic detriment", under section 19 (c) (2) of the act of February 5, 1917, as amended, must be measured on the assumption that the alien is to be deported and permanently separated from his family, and cannot be measured in relation to an alternative form of relief, such as voluntary departure and preexamination.
CHARGES:
Warrant: Act of 1924 — Remained longer — Visitor. Act of 1924 — No immigration visa.
BEFORE THE BOARD
Discussion: Respondent is a 34-year-old native and citizen of China, of the Chinese race, who entered the United States at San Francisco, Calif., on December 25, 1941. She was then admitted for a period of 1 year as a visitor. At that time she had no intention of remaining here permanently. Thereafter she received extensions of her stay, the last extension expiring on December 30, 1944. Having remained here subsequent to December 30, 1944, she is now subject to deportation under sections 14 and 15 of the Immigration Act of 1924.
Findings of Fact: Upon the basis of all the evidence presented, it is found:
(1) That the respondent is an alien, a native and citizen of China;
(2) That the respondent last entered the United States at San Francisco, Calif., on December 25, 1941.
(3) That the respondent was admitted as a visitor for 1 year;
(4) That the respondent then intended to return to China at the expiration of her stay;
(5) That the time of respondent's departure was extended to December 30, 1944;
(6) That the respondent has remained in the United States beyond December 30, 1944.Conclusions of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under sections 13 and 14 of the Immigration Act of May 26, 1924, the respondent is not subject to deportation on the ground that at the time of entry she was an immigrant not in possession of a valid immigration visa and not exempted from the presentation thereof by said act or regulations made thereunder;
(2) That under sections 14 and 15 of the Immigration Act of May 26, 1924, the respondent is subject to deportation on the ground that, after admission as a visitor, she has remained in the United States for a longer time than permitted under said act or regulations made thereunder;
(3) That under section 20 of the Immigration Act of February 5, 1917, the respondent is deportable to China at Government expense.Other Factors: Respondent has applied for suspension of deportation in accordance with section 19 (c) (2) of the act of February 5, 1917, as amended. The Presiding Inspector has recommended that this relief be granted the alien. The Commissioner, however, does not think that the alien is eligible for suspension for the sole reason that her deportation would not result in serious economic detriment to her citizen husband and five minor American children. He has recommended that the alien be granted the privilege of volutary departure but without preexamination. To follow his recommendation would mean that the alien would have to return to China. That would result in, at the worst, a permanent, and, at the best, a lengthy separation from her American family.
The Board, for the reasons to follow, agrees with the Presiding Inspector that respondent's deportation would result in a serious economic detriment to her American family. And, in making this finding, the Board is mindful of the fact that section 19 (c) of the Immigration Act of February 5, 1917, as amended, was remedial legislation and as such it must be liberally and not narrowly construed and applied. To do otherwise would mean in some cases the purpose of the legislation — the maintenance of the family unity, would be defeated. Again, it must be remembered that the determination of the existence of a serious economic detriment can only be made, under the statute, by assuming that the alien is to be deported. There is no statutory basis for measuring serious economic detriment in relation to an alternative form of relief such as voluntary departure, or voluntary departure and preexamination. (Cf. test employed by the Commissioner in Matter of A----, 4272545, also being certified to the Attorney General this day.) It is only after finding an alien ineligible for suspension of deportation or declining in the exercise of a sound discretion to grant this form of relief that alternative types of relief are considered.
The alien's husband operates a grocery and meat market in West Memphis, Ark. His wife, in addition to caring for the children and their home, assists him in the operation of this business. He derives an annual income of about $5,000 from the store. His assets amount to approximately $30,000, $15,000 of which is in liquid form. The other $15,000 represents the value of his business and property. The entire family is supported on the $5,000 annual income derived from the grocery business.
To send this alien back to China would mean that her citizen husband would have to maintain a separate home for her in that country and another home for himself and the children in this country. We cannot say with any degree of assurance how much of the husband's $5,000 income would have to be devoted to the maintenance of a home for the alien in China. But we do know that China is a devastated country; that food, clothing, and housing are scarce; and that inflation is rampant. For all we know it might take $5,000 a year to support the alien in China.
Again, if the alien is deported, her husband will have to employ a housekeeper to take care of the home and their five children. He will also have to hire a reliable and trusted person to assist him in the conduct of his business. Payment for those services would today undoubtedly constitute a serious drain on his $5,000 annual income. When we consider these cold economic facts in the light of present conditions, we believe that we must find, as did the Presiding Inspector, that the respondent's deportation would cause her citizen husband and five citizen children to suffer a serious economic detriment.
Nor is it any answer to say that the alien's husband could use his assets to support his wife in a foreign country and to pay for the extra expense in maintaining himself and his family in this country. In the first place the very use of these assets in itself constitutes a serious economic detriment to himself and the children. In the second place these assets are not limitless. Eventually they will be exhausted and the citizen husband and minor children will be penniless. Congress, we feel certain, did not expect that event to occur before a finding as to the existence of serious economic detriment could be made. Of course, we do not mean to imply that assets are never important in determining economic detriment. Assets, prudently invested, do produce income which can be used by the alien's spouse and children. This income should be taken into account in determining economic detriment. Here, however, the $15,000 of liquid assets owned by the family obviously could not earn sufficient income to offset in any appreciable degree the cost to the husband of the alien's deportation.
Order: It is ordered that deportation of the alien be suspended under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended.
It is further ordered, That if Congress takes no action adverse to the order granting suspension of deportation, and when the required fee is paid, proceedings be canceled.
As the case involves suspension of deportation of an alien pursuant to the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended, in accordance with the provisions of title 8, section 90.12, Code of Federal Regulations, the Board refers the case to the Attorney General for review of its decision.
The findings of fact, conclusions of law and order of the Board of Immigration Appeals suspending the deportation of the respondent under the provisions of section 19 (c) of the Immigration Act of 1917, as amended, are hereby approved and adopted.