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103166 1 (1977-08-03)

handle is hein.gao/gaobadxvh0001 and id is 1 raw text is: 




DOCUMENT PRESUE


04166 - r A22133361

Investigation of Alleged Nazi War Criminals Residing in the
United States by the Immigration and Naturalization Service,
Department of Justice. August 3, 1977. 6 pp. + enclosure (7
pp.).

Testimony before the House . Committee on the Judiciary:
Immigration, Citizenship and International Law Subcommittee; by
Victor L. Lowe, Director, General Government Div.

Tsun Area: Law Enforcement and Crime Prevention (500).
Contact: General Govern-sent Div.
Budget Function: Law Enforcement and Justice (750).
Organization Concerned: Immigration and Naturalization Servie.
congressional Relevance: House Committee on the Judiciary:
     1mmigration, Citizenship and Interrational Law Subcommittee.
 Authority: Immigration and Nationality Act of 1952 (66 Stat. 163
     ; 8 T' S.C. 1251(a)). Internal Security Act of ',!c0 (64 Stat.
     987s. Displaced Persons Act of 1948 (62 Stat. 1009).
     Pispiaced Persons Act Amendments (64 Stat. 219; 64 Stat.
     1,27). Refugee Act of 1953. 67 Stat. 400. 65 Stat. 28. 40
     Stat. 559, as amended. 55 Stat. 252. 8 U.S.C. 1253. 8 U.S.C.
     1451(a). 8 U.S.C. 1427(a). 8 C.F.R. 175-53(j). Baumgartner
     v. United States, 322 U.S. 665 (1944). United States v.
     Mulvey, 232 F. 513 (2d Cir. 1916). Urited States v. Beda,
     118 F.2d 458 (2d CiL. 1941).

         With a few notable exceptions, invostigations by the
 Immigration and Naturalization Service (INS) of alleged Nazi war
 criminals prior to 1973 generally were perfunctory. Since 1973
 IWS has given greater emphasis and priority to these cases, due
 in great part to the work of the House Subcommittee on
 Immigration, Citizenship, and International Law.
 Findings/Conclusions: Investigation of INS progress in
 investigating alleged Nazi war criminals in the United States
 has been severely hampered by problems and 0ftlays in getting
 access to needed records in the possession oi the Department of
 Justice. Only very recently has GAO been granted access to thirl
 agency documents in the alleged Nazi war criminal files, and
 Justice has still not ruled oh GAO access to cases recommended
 for or under legal proceedings. GAO's review of 62 case files
 included 12 cases that had allegations prior to 1973, nine of
 which had been analyzed. All nine cases were closed. The volume
 of cases of alleged Nazi war criminals has never been more than
 minimal and the INS has had very little succear in excluding or
 deporting alleged Nazi war criminals. INS is presently more
 actively investigating these alleged criminals both domesti,-ally
 and overseas than it was prior to 1973. The results of such
 incrensed activity is attested to by the fact that as of July
 22, 1977, domestic investio'ations were underway ia 13 cases; 69
cases had beGn referred to the Department of State for inquiry
in Furope; and 21 cases we 'e reco~senled for or under legal

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