A-6445155.
Decided by the Board October 27, 1953
National Federation of Labor Youth, Canada — Membership in is ground of excludability under the act of October 16, 1918, as amended, and under section 212 (a) (28) (C) of the Immigration and Nationality Act.
The National Federation of Labor Youth was an affiliated youth organization of the Labor Progressive Party, the successor organization to the Communist Party of Canada. Therefore, voluntary membership in the National Federation of Labor Youth from February 1948 to March 1949 is a ground of inadmissibility under the act of October 16, 1918, as amended, even though the applicant disclaims personal knowledge of the affiliation and claims to have been concerned with the social and cultural program of the organization and to have avoided its political activities. Such membership is also a ground of inadmissibility under section 212 (a) (28) (C) of the Immigration and Nationality Act.
EXCLUDED:
Section 1 (2) (C) (vi), act of October 16, 1918, as amended-member of or affiliated with the National Federation of Labor Youth, affiliated with and sponsored by the Labor Progressive Party of Canada, the direct successor to the Communist Party of Canada.
BEFORE THE BOARD
Discussion: The case comes forward on appeal from an order dated March 21, 1952 of the board of special inquiry at Montreal, P.Q., Canada finding the applicant inadmissible on the ground stated above.
The appellant, a native of England, citizen of Canada, seeks admission to the United States as a temporary visitor for pleasure for the purpose of visiting his sister. At the hearing before the board of special inquiry he testified that he was a dues-paying member of the National Federation of Labor Youth in Montreal, Canada, for a period of about 1 ½ years from 1948. In connection with the appeal he placed his membership in that organization from February 1948 until March 1949. He admitted paying dues, holding a membership card, and attending meetings. The appellant disclaimed any personal knowledge that the National Federation of Labor Youth was affiliated with the Labor Progressive Party, the successor organization to the Canadian Communist Party. He stated that he resigned because he though that some individuals connected with the organization had Communist ideas and that all political discussions had a Communist point of view. He admitted also that he had subscribed to the Canadian Tribune, the official organ of the Labor Progressive Party, for a period of approximately 2 years.
The appellant also admitted that he had given pamphlets on behalf of the Labor Progressive Party and the National Federation of Labor Youth to acquaintances and other people, but denied that he had done so publicly. He stated that he realized soon after joining the organization the exact political aims of the National Federation of Labor Youth but felt no compulsion to leave the organization since he was concerned with the social program and cultural program and avoided the political activities of the organization. The appellant acknowledged the political aims of this organization were similar to those of the Labor Progressive Party or the Communist Party.
Evidence was introduced to establish that the Labor Progressive Party was the successor organization to the Communist Party of Canada and that the National Federation of Labor Youth was an affiliated youth organization of the Labor Progressive Party. Despite the evasiveness of the appellant's answers to direct questions, there can be little doubt that the appellant was aware of this affiliation between the National Federation of Labor Youth and the Labor Progressive Party, and that he was a voluntary member of that organization at least from February 1948 until March 1949. It is concluded that the evidence establishes inadmissibility under the act of October 16, 1918, as amended by the Internal Security Act of 1950. Matter of D----, A-7808001, 4 IN Dec. 745 (1952). It may be also remarked that the appellant is also inadmissible at the present time under section 212 (a) (28) (C) of the Immigration and Nationality Act.
The appellant may, if he so desires, submit an application for consideration under section 212 (d) (3) of the Immigration and Nationality Act to the appropriate field office, together with the necessary fee.
Order: It is ordered that the appeal be dismissed.