Crime and immigration.

• Author: Speranza, Gino C.

The work of this committee, briefly stated, has been first to inquire whether the alien in this country is at a substantial disadvantage or under substantial disabilities in comparison to the native, in his relations to the courts of law, and, second (if such substantial disadvantages or disabilities exist), to ascertain what the law endeavors to provide to compensate them, or what can be suggested to meet them.

In a country like ours, composed largely of aliens, and especially of those aliens who because "of the lack of education, means or experience (and which we call immigrants), are especially at a disadvantage outside of their native environment, this question is one of national importance. As I pointed out in a report to the National Conference of Charities and Corrections two years ago, "nothing will more powerfully enlarge the cleavage between aliens and citizens as an unfair, partial and 'special class' application of the laws, or more successfully make even the humblest of these aliens devoted children of the nation than unprejudiced and exalted justice. ... We may regret that there is such a large foreign element in the Republic; we may doubt if even this young and resourceful country can assimilate it; but whether for good or evil, these aliens are here with us. Eves if we think it wisdom to shut the gates to further invasion, there is still the problem of those already within, and doubts and fears and post-facto regrets will not solve the problem. We are all, irrespective of our birthplace, filled with the instinct for fair play; the feeling of outrage in the face of injustice is a universal sentiment. We respect the law that protects us in our life and property and in our pursuit of happiness. In the end, the best of us would rebel against a judicial system which did not furnish a substantially effective defense against palpable recurring injustice."

1. Treatment of the Alien by American Law and Courts.

   To ascertain whether the alien is at a substantial disadvantage before our laws is essentially an inquiry into existing conditions. This committee, therefore, was most glad to accept the offer of the Research and Legislative Committee of the North American Civic League, of New York City, and of the Immigrant Protective League, of Chicago, to investigate conditions of aliens in our courts, the first in Mew York and New Jersey, the latter in and about Chicago. The report of the North Americas Civic League is not yet ready, but I annex an outline of the method pursued in its investigations (Exhibit A).

   Miss Grace Abbott, of Hull House, on behalf of the Immigrants' League, has been able, despite the short time allowed, to submit an exhaustive report, regarding conditions of aliens in the Chicago courts of inferior criminal jurisdiction. I annex Miss Abbott's summary as part of my report, calling your special attention to the comprehensive suggestions made by her.

   Interesting and helpful as the findings of these special committees are, they can only, in my opinion, corroborate what is obvious to anyone who has had something to do on behalf of aliens in our courts. The very existence of treaties between our country and other powers is proof that special guarantees are necessary for the full protection of the alien in our midst. Discrimination between citizen and alien, though happily becoming less and less marked the world over, is stiff substantially applied. The most striking example is given by our immigration statutes. We classify arriving aliens into "desirable" and "undesirable," and we allow non-judicial tribunals, such as "the boards of special inquiry," to-apply this indefinite classification. We have a perfect right to do so, but I point it out as an example of statutory discrimination that places the alien at a disadvantage from the very beginning of his relations with us. Such discrimination hangs over him for three years after his arrival, during which period he may be ordered deported for certain causes by non-judicial authorities.

   Irrespective of the immigration statutes the existence of the disadvantage of the alien after he lands is shown not only, as I have said, by the existence of special treaty guarantees, but by the increasing state legislation which is being exacted...