The Provision and Experience of Discretionary Relief for Certain Unauthorized Immigrants to the U.S., 1935–1959
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Preexamination and Its Alternatives: The Provision and Experience of Discretionary Relief for Certain Unauthorized Immigrants to the U.S., 1935–1959 The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Camarda, William J. 2021. Preexamination and Its Alternatives: The Provision and Experience of Discretionary Relief for Certain Unauthorized Immigrants to the U.S., 1935–1959. Master's thesis, Harvard University Division of Continuing Education. Citable link https://nrs.harvard.edu/URN-3:HUL.INSTREPOS:37367616 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Preexamination and Its Alternatives: The Provision and Experience of Discretionary Relief for Certain Unauthorized Immigrants to the U.S., 1935–1959 William J. Camarda A Thesis in the Field of History for the Degree of Master of Liberal Arts in Extension Studies Harvard University May 2021 Copyright 2021 William J. Camarda ii Abstract After new U.S. immigration laws in 1917, 1921, and 1924 established a regime of unprecedented restriction, some advocates and migrants argued that greater administrative flexibility was needed to provide relief in hardship cases. While both liberalizers and restrictionists generally accepted the broad framework of national origins quotas, they fiercely debated what additional exceptions or amnesties should be provided, if any. These debates were often framed as competing narratives about the character of the migrants themselves. With Congressional reform proposals stalled, U.S. Immigration Commissioner Daniel W. MacCormack and Labor Secretary Frances Perkins crafted a new form of administrative relief, commonly known as “preexamination.” Certain aliens would henceforth be preexamined inside the U.S. by the Immigration and Naturalization Service and granted permission to travel to an adjacent American consulate outside the country, usually in Canada, to request a visa. As the U.S. State Department had already performed a preliminary review, the visa would generally be granted, but consular officers retained authority to reject it. If rejected, the individual would be readmitted to the U.S. without a visa, an action of disputed legality. From 1935 to 1959, over 50,000 aliens were granted legal status through preexamination. This thesis first presents a history of the procedure, detailing its origins, the domestic and cross-border controversies surrounding it, its evolution through the World War II and Cold War eras, and how it fit alongside other shifting forms of relief. Next, it presents eight case studies, illuminating the preexamination examination from the perspective of the diverse individuals who sought it, and those who assisted them. Then, drawing on official reports and border crossing manifest cards, it attempts to clarify how iii many individuals sought preexamination, and who they were. Utilizing a dataset of 674 apparent preexamination cases, it analyzes preexaminees by gender, national origin, previous legal status, quota or non-quota status, and other characteristics. In doing so, it sheds light on debated questions such as: How many preexaminees entered illegally during the 1920s or earlier? How many entered later, often on legal short-term visas, as refugees from Nazism? In what respects did preexamination reinforce, or undermine, the quota system’s racial and national origin goals? Finally, the thesis identifies unresolved questions and opportunities for further research. iv Dedication To my wife, Barbara, who saved my life and has been “rewarded” by having to put up with me ever since. Barbara, I treasure your wisdom, love, courage, support, and companionship. And to Matt and Kellie, who have blessedly found each other and are building a wonderful new life in these interesting times. Matt, Kellie, I’m so proud of you. v Acknowledgments My guide on this research journey has been Dr. Mark Sanchez, my thesis director. I have learned much from him. About trying to enrich one’s work with deeper insight into — and compassion for — the human beings at the heart of one’s narrative. About how the “macro” and human scales connect. About how to guide others gently with the right questions at the right time. About what it means in a scholarly setting to share another’s enthusiasm and help them move, hopefully, just a little bit closer to excellence. As it has for so many, my academic journey at Harvard Extension School began under the tutelage of Dr. Donald Ostrowski, who taught my first course here, and subsequently served as my research advisor. As I returned to academia after 36 years away from the classroom, Dr. Ostrowski helped me understand what Harvard graduate work and a Harvard master’s thesis in history would entail. Drs. Sanchez and Ostrowski each helped show me that I could do this. I am in their debt. After Dr. Ostrowski stepped away, Dr. Ariane Liazos and Trudi Goldberg Pires skillfully guided me to completion, improving my text and helping me navigate the dangerous shoals of the Chicago Manual of Style. When I began this project, I expected to make multiple archival visits; then the COVID-19 pandemic arrived, and I needed to radically revise my research strategies and expectations. Some questions seemed to become harder to answer, or required alternate sources or more inference; certain other questions seemed more tractable. While most archives were closed, I was extremely fortunate to be permitted to spend two full days at one key archive: the Center for Migration Studies of New York, a member of the Scalabrini International Migration Network (SIMN). CMS NY hosts vi records from the Italian Welfare League, the National Catholic Welfare Conference, and other key organizations. There, archivist Mary Brown offered a warm welcome, extensive assistance and advice, a comfortable and socially distanced workspace, and expert help in leaving the building after 5 pm, when all the doors were locked. Much of this thesis would have been impossible without her assistance. Sarah Doeppner Snow and Jason Snow graciously permitted me to draw on their remarkable work documenting the wartime experience of her grandfather, Thomas W. Doeppner, at tomandmarjorie.com. The Snows shared documents covering portions of the story that they have not yet narrated online, and helped ensure that I understood key nuances of Mr. Doeppner’s life and family. Many others have also been generous with help and support. David Favaloro at The Lower East Side Tenement Museum in New York City provided published and unpublished documents related to the Museum’s research on Rosaria Baldizzi, an Italian migrant who arrived with fraudulent papers in 1925 and was granted preexamination twenty years later. Years before the pandemic, I had the pleasure of visiting the Tenement Museum as an ordinary traveler. When it fully reopens after the pandemic, I encourage anyone interested in migration to explore this remarkable place. Deborah Kloiber, College Archivist/Librarian for Special Collections at The Linda Lear Center for Special Collections and Archives, Connecticut College, provided drafts of speeches by Immigration Commissioner D.W. MacCormack, held in its Frances Perkins Collection. Jan Raska, Interim Historian at the Canadian Museum of Immigration at Pier 21, shared expert advice on exploring Canadian authorities’ views of vii preexamination. Dr. Danielle Battisti, Associate Professor of History at the University of Nebraska – Omaha offered valuable insights and encouragement. I received helpful advice from Catherine Gaggioli, Reference Archivist for the State of Massachusetts; Harvard Extension School Librarian Mary Frances Angelini; Sarah Wharton and Deanna Barmakian at the Harvard Law School library; Maura Coonan, Assistant Archivist at the University of Minnesota’s Immigration History Research Center; and Zack Wilske, Senior Historian at United States Citizenship and Immigration Services. Bill Creech, Archivist at the National Archives and Records Administration, gave me invaluable early advice as I began framing my topic. I now understand, more viscerally than ever before, why scholars conclude their acknowledgments by saying something like: All errors, oversights, or misinterpretations are mine. They sure are. viii Table of Contents Abstract.............................................................................................................................. iii Dedication............................................................................................................................v Acknowledgments.............................................................................................................. vi Table of Contents............................................................................................................... ix List of Tables .................................................................................................................... xii List of Figures.................................................................................................................. xiii Introduction..........................................................................................................................1 Questions Addressed by This Thesis .......................................................................3