EXPATRIATION OF CERTAIN NATIONALS OF THE

UNITED STATES

THURSDAY, JANUARY 20, 1944

HOUSE OF REPRESENTATIVES,

COMMITTEE OF IMMIGRATION AND NATURALIZATION,

Washington, D. C. The committee met at 10:30 a. m., Hon. Samuel Dickstein (chairman), presiding.

The CHAIRMAN. The committee has before it a number of bills, H. R. 2701 by our colleague, Congressman Sheppard; H. R. 3012 by Congressman Johnson; H. R. 3446 by Congressman Russell; and H. R. 3489 by Congressman Norrell.

The provisions of all these bills are along similar lines. They all deal with certain protective measures the authors believe we have to adopt against the disloyal element among the Japanese in this country. This matter has been discussed on the floor and I have set these hearings especially for the purpose to get the authors of the bills and the committee members together to try and find a solution to this important problem.

It is the intention of the committee that we will go on until noon and proceed further on Tuesday, for which meeting I have invited representatives of various Government agencies that have dealt with this problem in one way or another.

Now, Mr. Sheppard, you are the first member who has introduced a bill on this question and I think you ought to be heard first. All right, Mr. Sheppard.

(H. R. 2701 is as follows:)

[H. R. 2701, 78th Cong., 1st Sess.]

A BILL To provide for the expatriation of certain nationals of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Chapter IV of the Nationality Act of 1940, as amended (U. S. C., 1940 edition, title 8, subch. IV; Supp. I, title 8, subch. IV), is amended by inserting after section 401 thereof a new section to read jas follows:

"SEC. 401a. (a) A national of the United States, whether by birth or naturalization, shall lose his nationality if he is convicted, under subsection (b) of this section, of knowingly and intentionally expressing, either orally or in writing, loyalty to a foreign state.

"(b) (1) Upon affidavit showing good cause therefor, it shall be the duty of the United States district attorney for any judicial district to institute proceedings in any court specified in section 301 (a) in such district against any person residing in such district for the purpose of expatriating such person on the ground that he has knowingly and intentionally expressed, either orally or in writing, his loyalty to a foreign state. Such person shall have sixty days' personal notice in which to make answer to the petition of the United States; and if such person be absent from the United States or from the judicial district in which such person 1

last had his residence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the State or the place where such suit is brought.

"(2) When a person shall be convicted under this subsection of knowingly and intentionally expressing, either orally or in writing, his loyalty to a foreign state, he shall cease to be a national of the United States. In case such person was a naturalized citizen, the court shall declare the certificate of naturalization of such person to be canceled, and shall order such certificate to be surrendered to the Commission."

STATEMENT OF HON. HARRY R. SHEPPARD, A MEMBER OF CONGRESS, CALIFORNIA

Mr. SHEPPARD. Mr. Chairman and gentlemen, I will speak as loudly as I can. I have what is commonly defined as a low-grade laryngitis, so I trust that you gentlemen will be tolerant.

The CHAIRMAN. Take it easy. Take your time.

Mr. SHEPPARD. I appreciate the opportunity of appearing before the committee for the purpose of presenting to the committee for its consideration H. R. 2701. I presume all the members of the committee have the bill before them and I will try to make my statement as brief as I can in order not to take up your time unnecessarily.

We have a condition existing within the United States that I think has a definite bearing upon our Western States than perhaps some of the other States in the Union. It involves a question of questionable American citizenship.

During the early period of our war program conditions prevailed upon the Pacific coast, specifically among the Japanese race, that was very disturbing, from a military point, and as you gentlemen undoubtedly all know, emanating out of the difficulty and its general application was the authority we vested in the War Relocation Authority, the ability to set up camps for relocation purposes.

It was handled under that procedure because of its close relationship to constitutional procedure as we deal with that question in this country.

It then became necessary for three of our governmental investigational agencies, following out their routine procedure, to hold a screening out process to establish the loyalty of the Japanese that were being assembled in those relocation authority camps.

Emanating out of that screening out process was a question which I will present for the record, as follows:

Will you swear unqualified allegiance to the United States of America and faithfully defend the United States from any and all attack by foreign or domestic forces and forswear any form of allegiance or obedience to the Japanese Empire or any foreign government, power, or organization.

Resulting from that inquiry there were at least 5,000 and possibly 20,000.

The CHAIRMAN. Of Japanese?

Mr. SHEPPARD. Of Japanese-who stated their allegiance to the Emperor of Japan to the exclusion of their allegiance to the United States of America, although they were American citizens.

The CHAIRMAN. That can be established, can it, as legal proof? Mr. SHEPPARD. That is established or could be established, from my information secured from Mr. Dillon Myer in my conversation with him. He stated "they had the files available."

Tr. REES. Who is Dillon Myer?

Mr. SHEPPARD. Dillon Myer is the gentleman that is directing the war relocation activities.

The CHAIRMAN. Now, I do not want to interrupt you

Mr. SHEPPARD. That is perfectly all right, Mr. Chairman.

The CHAIRMAN. Is it your contention therefore that the Americanborn citizens of Japanese ancestry have foresworn allegiance to the country of their birth? Is that your point?

Mr. SHEPPARD. That is my point and that is my contention.
The CHAIRMAN. All right.

Mr. SHEPPARD. And under the language of the bill which I have presented for the committee's consideration

Mr. ELMER. Mr. Chairman, let me ask a question first.

The CHAIRMAN. All right.

Mr. ELMER. Did he draw that conclusion from the fact that they had signed the affidavit, or did they sign some affidavit to the contrary? I mean this affidavit you are referring to.

Mr. SHEPPARD. That is the statement which they signed during the screening out or investigation that was taking place to establish their loyalty to the United States of America in a voluntary manner. Mr. ELMER. They signed that kind of a statement?

Mr. SHEPPARD. That is my understanding.

Mr. ELMER. That they preferred Japan?

Mr. SHEPPARD. That is right.

Mr. CURTIS. May I ask?

The CHAIRMAN. Yes. If we are not interrupting.

Mr. SHEPPARD. That is all right, Mr. Chairman.

The CHAIRMAN. Well, I just wanted you first to get your basic argument or contention so that the committee will be in better position to ask questions.

Mr. CURTIS. You have stated that several thousand of them have declared their loyalty and preference to the Emperor of Japan, to the exclusion of the United States.

Mr. SHEPPARD. Their preference for Japan to the exclusion of the United States; yes.

Mr. CURTIS. Yes. Section 401 of the Nationality Code says a person who is a national of the United States whether by birth or naturalization shall lose his nationality by taking an oath or making an affirmation or other formal declaration of allegince to a foreign state. Have there been any actions under that existing law to revoke the citizenship of those people? If not, why?

Mr. SHEPPARD. Not to my knowledge.

Mr. CURTIS. Why?

Mr. SHEPPARD. Well, of course my colleague is asking me a question that is beyond my ability to answer. However, this might be some indication, and I quote from Attorney General Biddle on page 786 in the hearing of the Dies committee of December 9, 1943. [Reading]:

A number of bills have been introduced for the treatment of Japanese, many of which are doubtful constitutionally, and some are close to the edge.

This, however, I think might be considered: Take for instance JapaneseAmericans who have said, as these men openly say, "We are loyal to Japan and do not want to be Americans." There is no reason why their citizenship should not be renounced under an appropriate statute. There is no statute for that purpose, but there is no reason that should not be done.