76
of
NATIONAL
CONFERENCE
OF JEWISH
SOCIAL
SERVICE
For a similar office for a term of two years, to fill the unexpired term
M r . Seman, M r . Milton Gundersheimer, of Baltimore.
T H E C H A I R M A N : T h e third and last part of
voted to a study of immigration to the United
resulting from our present immigration laws.
Isidore Hershfield, the Counsel of the H e b r e w
A i d Society of America.
this program will be de­
States, including problems
T h e speaker will be M r .
Sheltering and Immigrant
J E W I S H W O R L D MIGRATION TO T H E U N I T E D
STATES, INCLUDING PROBLEMS RESULTING
FROM PRESENT IMMIGRATION
ISIDORE
LAWS
HERSHFIELD
The papers read by the preceding speakers give a fair
cross section of the work of H I A S during the last decade
in the solution of the problem of Jewish emigration from
Eastern Europe to all lands, including the United States.
The N e w Testament problem of the camel passing through
the eye of a needle presents no difficulty to the children of
the Old Testament. Just make a large enough needle. T h e
pressure upon the Jews of Eastern Europe compelling them
to emigrate and the numerical reduction of immigration
to the United States during the last ten years have forced
our Society to find and develop new outlets to new lands of
emigration. This problem, with the exception possibly of
Mexico, has been the burden of H I A S . During the last de­
cade, of its total expenditure of $4,540,991, the amount of
$1,371,750 has been expended abroad and not in the United
States.
A l m o s t all extra-United States work has been
created by H I A S through its own agencies established in
Eastern Europe and countries other than the United States.
Later, it combined all such agencies and branches in the
organization known as E M I G R A T I O N - D I R E K T I O N ,
or
popularly E M I G D I R E C T . The hope that this new E M I G D I R E C T could be made self-sustaining proved vain. Hence,
in 1927, a new organization was formed of H I A S , I C A and
E M I G D I R E C T , and known as H I C E M , which is doing all
JEWISH
MIGRATION
TO THE U.S.—HERSHFIELD
77
needed work in countries of emigration and immigration
other than the United States. Our annual appropriation to
this work is now $100,000.
Its value is evidenced by the
fact that the Jewish emigration from Eastern Europe to
the United States in 1928 and 1929 constituted 3 5 % and
2 9 % respectively of the total Jewish emigration, while
6 5 % and 7 1 % respectively emigrated to countries other
than the United States. In this work of H I C E M , outstand­
ing men of European Jewry participate officially; among
them are D. d'Avigdor Goldsmid, Sir Leonard Cohen, L. G.
Montefiore, London; M . Joachimssohn, Berlin; Edouard
Oungre, Paris; Salomon Reinach, Boulogne, France; Dr. J.
Brutzkus, Berlin; Dr. Oskar Cohn, Berlin; W . LatzkyBertoldi, R i g a ; Leon Motzkin, Paris, and others of equal
world prominence. H I C E M served in one year alone 63,089
persons, of whom 31,104 emigrated.
The pertinency of the foregoing to this paper is that
H I C E M offices serve also those who emigrate to the United
States. It will later be shown that every immigrant to this
country requires much advance service in the land of his
emigration.
The only moneys expended by others than H I A S in the
solution of this world Jewry problem of emigration were
given by the Emergency Committee, created through the
initiative of H I A S and formed to care for about 10,000
Jewish immigrants who found themselves stranded in 1924
at various European ports of embarkation in possession of
visas which had been invalidated under the new act of July
1, 1924, and to which H I A S contributed $100,000 or 2 0 %
of the fund raised; and $250 per month expended for some
time by the Council of Jewish W o m e n for the salary of a
trained nurse in Cuba and the present appropriation of its
Junior Council of $100 per month. A s i d e from large spe­
cial expenditures in Cuba, H I A S regularly for a long time
alloted $1,750 per month to Cuba and now, with bettered
conditions there, appropriates $750 monthly.
A s to Jewish immigration to the United States during
the past ten years, we believe that it has been the care and
concern of H I A S alone.
Our definition of immigration work includes difficulties
arising abroad due partly to the requirements by prospect­
ive immigrants of various documents b y American citizens
and others seeking to bring relatives here, difficulties aris-
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ing thereunder, legal advice, appeals from exclusions on ar­
rival, defending deportation proceedings, naturalization,
etc., etc. For the proper functioning in these matters, H I A S
is the only properly equipped Jewish agency maintaining at
Washington a legal bureau devoted exclusively to this work,
and handling no matters in private practice or on private
retainers. Thus there come to H I A S and its W a s h i n g t o n
Bureau innumerable legal, governmental and departmental
matters requiring attention in Washington. Various Jewish
welfare agencies wisely refer all matters of that nature to
H I A S and its W a s h i n g t o n Bureau, feeling that thus only
can they receive proper attention. W e gladly receive from
every source letters asking what is the law, what do you
advise, what can be done, etc. W e believe that after the
immigrant is admitted to the United States and reaches his
destination and the local agency notified of his coming, he
should not be segregated from our other residents, should
receive no special coddling as an alien immigrant, but that
all of his difficulties and troubles (unless arising from a
clash with our immigration or naturalization laws) are and
should be the proper charge and concern of the ordinary
local existing Jewish welfare agencies.
Jewish immigration to the United States in the last 10
years presents new and complex problems. Before the first
quota act of 1 9 2 1 , any alien who had a ship ticket could en­
ter the United States, subject only to being of good physical
and mental health and of the good character required by
the Immigration A c t of 1917 and its predecessors.
The
quota acts of 1921 and 1924 have greatly reduced the
number of Jewish immigrants and have created new, varied
and complex difficulties and problems requiring new and
much expert immigration social service. In the last decade,
1920 to 1929, only about 362,047 Jews were admitted to the
United States, an average of 36,204 per annum.
From
1925 to 1929, the annual figures are 1 4 , 1 2 5 ; 1 3 , 9 7 6 ; 1 6 , 0 1 6 ;
1 5 , 0 2 3 ; 16,347. W e include, of course, those admitted for
non-permanent residence, as temporary visitors and stu­
dents, because they present to our Society and to the im­
migration authorities m a n y and difficult problems and
situations. T h e decrease in the number of Jewish arrivals
does not lessen our work. T h e new laws, complexities, pro­
cedures and complications increase it. 101,330 Jewish im­
migrants to the United States in 1913 presented fewer
JEWISH
problems,
penditure
plications
migrants
MIGRATION
TO THE
U.S.—HERSHFIELD
79
required less work and entailed a smaller ex­
than 15,023 in 1928. The difficulties and com­
per immigrant today and not the number of im­
is the yardstick of the service needed and given.
Prior to 1921, immigrants were not classified and categoried by relationship to American citizens or aliens already
resident here or by reason of the purpose of their visit.
Today, by operation of our laws and restricted quotas, there
is very little free, unfettered and independent Jewish im­
migration to this country. T h e available quotas are gen­
erally wholly used by preference classes.
The non-quota
arrivals come by reason of special statutory exemptions.
In both instances, specific, technical immigration work and
immigration legal aid is required. L e t us examine the
new laws during the last decade and the problems arising
therefrom.
Under the immigration act of 1924, the wives and unmar­
ried minor children of American citizens are exempt from
the quota. In each instance, the American citizen must pre­
pare and file petitions in duplicate upon which the depart­
ment of State authorizes a non-quota status. During 1924
to 1929 inclusive, H I A S has prepared over 12,000 of such
petitions, and its W a s h i n g t o n Bureau has passed upon
8 , 0 0 6 ; most petitions are each for two or more alien re­
latives. Aside from intrinsic errors and omissions in these
petitions, in very many instances supplemental and explan­
atory affidavits and documents are necessary.
T h e peti­
tioner m a y claim citizenship by American birth or natural­
ization, or frequently through the naturalization of a pa­
rent, a parent of petitioner's husband, father, mother, etc.
Unless all the minutiae of evidence of citizenship is fully
presented, the petition cannot be approved. Differences in
name bring loads of trouble. The "Americanized" father
when naturalized gives the names of his children abroad as
Woodrow and Beatrice; they appear at the Consulate with
passports giving their names as Welvel Shmerel and Bejla
Sprintza; this difficulty must be ironed out to the satisfac­
tion of the Consul, and preferably before the petition is
filed. The father's naturalization certificate m a y have given
an age for his child which would now make him over 21 and
not entitled to quota exemption.
The father claims that
this was due to an error, but the error must be fully and
satisfactorily adjusted and explained. In one instance, w e
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JEWISH
MIGRATION
TO THE U.S.—HERSHFIELD
81
justified the father's lapse of memory as to the true age
of his oldest son b y proving that he had in his naturaliza­
tion proceeding given the ages of two other children, con­
ceded twins, as 7 and 11 years respectively, although no­
thing in medical science ever recorded the birth of twin
children four years apart. So too, if the citizen petitioner
were married abroad by religious rite only where a civil
marriage was required, his wife and children m a y not be
regarded as his legal wife and legitimate children, and in­
deed, their foreign passports and the birth records of the
children do not list them under the father's name.
the difficulties and perplexities of these persons abroad, all
near relatives of American citizens or of aliens permanently
lawfully here, and very frequently it is only through the
assistance of our H I C E M offices in Eastern Europe that
these records can be obtained and necessary service cheer­
fully given. H I C E M now operates 30 offices in Europe and
18 additional offices in other parts of the world, excluding
the United States. H I A S has in the United States its offices
and branches at N e w York, Ellis Island, Philadelphia, Bos­
ton, Chicago, San Francisco, Seattle, Baltimore and W a s h ­
ington, D . C .
Parents of American citizens are entitled to preference
within the quota. Husbands of American citizens married
before June 1, 1928, are exempt from the quota; if married
thereafter, preference within the quota merely is accorded.
Prior to 1 9 2 1 , we had no "temporary visitors for business
or pleasure." Aliens came at will, regardless of their in­
tention to remain here permanently or temporarily. Since
July 1, 1924, such visitors are admitted temporarily as non­
immigrants and exempt from the quota, but in each case
the Consul and later the immigration authorities carefully
scrutinize the bona fides of each application. W h a t ties and
advantages, social and economic, have they in this country
which would induce them to remain here? W h a t ties or
advantages, social and economic, have they in their foreign
country which would compel them to return? Aliens can­
not label themselves "temporary visitors" and become such
automatically. V e r y m a n y of these visitors desire exten­
sions of their temporary visits.
Applications for such ex­
tensions and the presentation of the argument in its behalf
constitute an important and considerable part of the work
of H I A S during the last decade. Relatives here, although
realizing the impossibility of bringing some of their folks
here permanently, justly desire to have them come on brief
visits, and we must give our intervention and assistance.
In all of the foregoing instances, petitions in duplicate,
affidavits and other documents explaining every conceiv­
able discrepancy, m u s t be prepared and filed.
Under the act passed in 1928, the wives and minor
children of aliens resident here and permanently legally ad­
mitted are entitled to a preference within the quota. A t
the suggestion of the writer and with his humble co-opera­
tion the Department of Labor prepared a special form to
cover these cases and to facilitate proving to the Consul the
basic fact that the head of the family was here legally and
permanently.
Skilled agriculturists, their wives and unmarried children
under 18, are also preferred within the quota. A skilled
agriculturist must satisfy the Consul, not only that he is a
skilled agriculturist, but that he is coming here to follow
that vocation. B u t should he show that he is coming to a
specific agricultural job or employment in the United States,
he is barred under the contract labor provisions.
This
dilemna presents a Scylla and Charybdis and the alien must
pilot the ship safely between these two rocks.
But in all cases whether quota, non-quota or preferred
quota, the aliens must present to the Consul a horde of
documents, certified copies of birth certificates, two copies
of his "dossier," prison record, military record, marriage
certificates, and two copies of all other available public
records concerning him kept by the government to which
he owes allegiance. A valid foreign passport must also be
obtained. Social workers need little imagination to picture
Under the 1921 quota act, ministers of religion, including
rabbis, were exempt from the quota, and merely had to
prove that they were rabbis. Under the 1929 A c t , the rabbi
must now prove that he has been such continuously during
the last two years preceding his application for a visa and
that he is coming here solely to follow that vocation. T h e
latter is evidenced by the agreement with, affidavits, etc.,
of, the officers of the congregation which has called him to
its pulpit. T h e Consul, in nearly all cases, refers such ap­
plications to the Department of State for investigation in
this country, and the interested congregation frequently and
usually enlists the services of H I A S in the matter.
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From 1921 until July 1, 1924, aliens who resided in the
western hemisphere for five years (and at first for one
year) were quota exempt. Since July 1, 1924, only natives
of the countries on the western hemisphere are exempt
from the quota restrictions.
Many problems involving
authentic birth records, identity, change of name, marriage,
etc., etc., arise in connection with such non-quota applica­
tions.
Under the 1924 A c t , students are exempt from the quota,
but must prove that they have been duly matriculated in
a school of learning accredited by the Department of Labor
and m u s t continue their studies regularly in such school.
Because of the pressure to emigrate and of the numerical
restrictions, it is conceivable that students, as well as other
non-quota classes, m a y not be bona fide such, and the
handling of these matters with inevitable delays and reams
of corerspondence presents another new problem of Jewish
immigration during the last decade.
And, please always bear in mind that the visa is no
guarantee of admission to the United States, either tempor­
arily or permanently.
The American Consular Visa is
practically no more than a letter of introduction to the im­
migration authorities at the American port of entry where
a new investigation and hearing is had, and only then and
there a decision is made as to admission or exclusion.
Prior to 1921, an alien could leave the United States and
return without any special documents.
True, he entered
as a new arrival, but the doors were open, quota restrictions
and other complications were non-existent.
A n alien-resi­
dent now desiring to visit abroad temporarily should have
an alien return permit as provided for in the A c t of 1924.
In order to obtain such permit, he m u s t prove his perma­
nent legal admission.
This involves frequently for H I A S
much questioning, examination of records, correspondence,
etc.
A n d upon his return, he m a y be excluded on every
ground except quota restriction.
Under the A c t of March 2, 1929, aliens as to whom there
is no record of legal admission, but who entered the United
States prior to June 3, 1921, m a y have their admission le­
galized and thus obtain legal right of permanent residence
and even American citizenship.
Obviously, this possible
relief was welcomed by m a n y who equally obviously came
to H I A S for the necessary advice, preparation of applica-
JEWISH
MIGRATION
TO THE U.S.—HERSHFIELD
83
tions, follow up at Washington, etc., etc. This is another
new piece of work that has come into existence during the
last decade of immigration history.
It is therefore not surprising that in the last decade
H I A S has served in the United States (with some branch
offices missing for some years) 1,441,160 persons who com­
municated in person, by letter or telegram; prepared
275,494 affidavits, documents, translations, etc.; m e t 5,804
steamers bringing in 362,047 Jewish arrivals, and its em­
ployment bureau in N e w Y o r k found employment for 24,739
applicants.
109,012
inquirers
for naturalization were
served. Post-war conditions and the separation of families
and relatives formerly brought us m a n y requests to locate
relatives. These requests have now greatly diminised. T h e
peak of 32,100 in 1921 has now fallen to only 1,325 in 1929,
but aggregated 146,685 for the decade.
H I A S is the medium through which persons in this coun­
try transmit moneys to their relatives abroad for the ex­
penses of emigrating to the United States or to other
countries or for family relief. In order to secure the maxi­
mum of safety and supervision of this work, it has been
incorporated under the banking laws of N e w Y o r k as the
H I A S I M M I G R A N T B A N K , but does no banking business
of any kind except the transmission of remittances which
are invariably paid to the remittees in American currency.
In
the
last
decade
these
remittances
aggregated
$31,008,251.
Of course, banks and private bankers now
also handle remittances, but they cannot give the personal
service required in connection with these remittances and
the safeguarding of much of this money for transportation
expenses exclusively. B u t the H I A S methods of safe trans­
missions, payment in American currency, prompt deliveries,
etc., set up a high standard of service which banks and
private bankers were compelled to copy and follow.
The reduced number of arriving immigrants of all na­
tionalities has made it possible since 1921 for the immigra­
tion authorities at all ports of entry, sea ports and land bor­
der ports, to make more searching and more intensive exam­
inations as to physical and mental condition, likelihood to
become a public charge, and all material facts and circum­
stances.
The reaction is a large number of appeals from
exclusions at ports of entry. In Jewish and a few non-
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SOCIAL
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SERVICE
Jewish cases, these appeals are handled b y t h e H I A S W a s h ­
i n g t o n Bureau. They are heard before t h e Board of Re­
view of t h e D e p a r t m e n t of Labor, a quasi-court w i t h three
quasi-judges. The Board of Review also has j u r i s d i c t i o n
over applications f o r extension, deportation proceedings and
controversial m a t t e r s generally. D u r i n g t h e s i x years,
1924 t o 1929 inclusive, t h e W a s h i n g t o n Bureau n o t only
examined and filed 8,006 petitions f o r relatives and A m e r ­
ican citizens, looked a f t e r 110 U n i t e d States passport ap­
plications, handled 1,893 miscellaneous m a t t e r s , b u t also
argued or s u b m i t t e d before t h e D e p a r t m e n t ' s Board o f Re­
view 1,531 cases, i n w h i c h 1,207 favorable decisions were
had.
The larger personnel and increased appropriations of
the D e p a r t m e n t of Labor are reflected i n a great increase
i n deportation proceedings b r o u g h t upon various legal
grounds, m a n y of t h e m new and a r i s i n g only under t h e
laws enacted d u r i n g t h e last decade. H I A S and i t s W a s h ­
i n g t o n Bureau are obviously called upon to defend m a n y o f
these deportation cases and obtain a t least something less
t h a n m a x i m u m legal severity. Under t h e l a w of M a r c h ,
1929, any person ordered deported, and w h e t h e r actually
deported or leaving v o l u n t a r i l y a t h i s o w n expense, is bar­
red forever f r o m e n t e r i n g t h e U n i t e d States. I t is impor­
t a n t , therefore, t h a t so f a r as possible and w a r r a n t e d b y
the facts, aliens offending t h e i m m i g r a t i o n laws should,
t h r o u g h H I A S i n t e r v e n t i o n , be p e r m i t t e d t o depart w i t h o u t
the e n t r y of an order of deportation and thus avoid per­
petual banishment f r o m t h e U n i t e d States.
M u c h more could be told and m a n y i n t e r e s t i n g details and
i l l u s t r a t i v e cases cited, b u t perhaps enough has already
been shown t o j u s t i f y and prove t h e present need of H I A S
w o r k f o r Jewish i m m i g r a n t s to t h e U n i t e d States.
T H E CHAIRMAN:
It seems that the wandering Jew still has his staff
in his hand. It seems that the processes of migration today are more com­
plicated than ever and that the scattering of the Jews to the various cor­
ners of the world is still going on.
Perhaps in years to come, when we
look back at this particular epic in Jewish history, this post-war epic and
the epic immediately preceding it too, we will think of this period not in
the terms that suggest themselves to us today, but rather as the great
period of Jewish migrations.
It is a period of migrations which exceeds
in numbers and magnitude and distances the period in history known as
MIGRATION
TO
THE
U.S.—HERSHFIELD
85
U:c A g e 01 Migrations, and obviously all the agencies that co-operate to
make this great movement of human beings possible and to make the trans­
planting of these great bodies of human beings successful after the actual
movement has ceased, are worthy of support.
The
meeting adjourned at 1 2 : 1 5 P. M .