-MoCARRAN W ACT OF 195090


  1. The Immigration and, Naturalization Service takes the position
that former members of the German and Italian armies are ipso-facto
inadmissible under the Act. The Department of State believes this
view is unreasonable because service in the armed forces is seldom
on fa voluntary basis and because it would exclude a class of persons
who are not necessarily dangerous to our internal security. In the
event such individuals do constitute danger toý our internal security,
they will be excluded under other provisions of the Act,
  2. The question of what theterm "membership" should mean in the
Act is in dispute. The difficulty comes in trying to agree on which
kinds of involuntary membership should not make a person
inadmissible.
   3. The definition of the term "affiliation" is not settled.
An example
of this problem is the case of a German organization of engineers
existing before the Nazi regime which was taken over by the Nazis,
leaving the membership of the organization und its principles
unchanged.
   4. The definition of the terms "section, subsidiary, branch, affiliate,
 or subdivision . . in Section 22, 1, (2) (c) may be another subject
 of disagreement.
 Amendments proposed
   The following amendments to the Act -are recommended to, make
 the Act workable:
   1. Section 22 1 (2). (Preferred substitute)'"Aliens who at the time
 they seek to enter the United States are memibers of any of the follow-
 ing classes :"
   This change is designed to remove the hardship imposed by the
 present form of the Act upon former members of totalitarian parties
 who saw the error to which they had been led and who gave up their
 membership. The recommended wording permits defectors from
 Nazi and Communist ranks ,to enter the United States and still ex-
 cludes those presently dangerous.
   2. Section 22 1 (2). (Alternative substitute) "Aliens who, a:t any
 time, shall be or shall have been members of any of .the following
 classes; Provided, That nothing in this section shall require the ex-
 clusion of an lien who, having formerly been -a member of any class
 specified herein, has not been 'a member of such class within the five
 year period immediately:Ipreceding his ,attempt to enter the United
 Sltates; Provided further, That if such former membership existed
 within such five year period the alien shall not be excluded because
 of such former membership if it is established that he is opposed to
 the principles and purposes of such classes."
   AZternative proviso
   "Provided, That nothing in this section shall require the exclusion
 of an alien who was formerly a member of any plarty or organization
 specified herein, and who is lactively opposed to such party or orga-
 nization if it still exists."
   These are alternatives to the first !amendment. The recommended
 wording serves thesame purpose as the, foregoing change but dis-


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