3 questions from the reading
Legacies of Exclusion: Illegal Chinese Immigration during the Cold War Years
Author(s): Mae M. Ngai
Source: Journal of American Ethnic History, Vol. 18, No. 1 (Fall, 1998), pp. 3-35
Published by: University of Illinois Press on behalf of the Immigration & Ethnic History Society
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Legacies of Exclusion:
Illegal Chinese Immigration
during the Cold War Years
MAE M. NGAI
EXCLUSION INFORMED THE Chinese American historical experi
ence in many ways. It codified Chinese as the racial “other” in America?
unwanted, unassimilable, ineligible to citizenship. It justified the segre
gation and marginalization of Chinese from the mainstream of Ameri
can social and economic life. Its consequences included the transoceanic
separation of families and the development of a largely homosocial
culture in the United States.1 And, because illegal entry is a concomitant
of all restrictive immigration policy, exclusion also created a large popu
lation of Chinese illegal immigrants in America. Data from the United
States Immigration and Naturalization Service indicate that at least 25
percent of the Chinese American population in 1950 was illegal.2
Most of the illegal population comprised “paper sons,” tens of thou
sands of Chinese who entered the United States during the first half of
the twentieth century by posing as the sons of Chinese with American
citizenship by native birth. The widespread practice of paper immigra
tion during the exclusion period not only exacerbated the stigma of
illegitimacy associated with exclusion, but also reinforced the isolation
and insularity of Chinatown communities by requiring immigrants to
maintain complex internal networks of protection.3
After Congress repealed the Chinese exclusion laws in 1943, and
especially after World War II, Chinese Americans and the federal gov
ernment both grappled with this particular legacy of exclusion. Chinese
Americans hoped to resolve the problems of social isolation and family
separation that resulted from exclusion and illegal immigration. Govern
ment authorities, long frustrated by their inability to end the system of
paper immigration, found in the context of the anti-China politics of
the
Cold War a new urgency to eliminate that system. During the mid
1950s the United States Departments of State and Justice waged a coor
dinated campaign against paper immigration, culminating in a “Chinese
Confession Program” sponsored by the Immigration and Naturalization
Service (INS). In exchange for information that exposed the false gene
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4 Journal of American Ethnic History / Fall 1998
alogies that perpetuated the immigration of paper sons, the INS pledged
to assist confessors to obtain legal status.
The vast majority of the 30,000 people who were involved in the
Confession Program did, in fact, become legally resident aliens or natu
ralized citizens. The program thus benefited a large segment of the
Chinese American population. At the same time, the government’s cam
paign against illegal immigration and the administration of the Confes
sion Program by the INS ensnared Chinese Americans in a dynamic
which combined Cold War and racial politics, compromising the legiti
macy of their newly won legal status. This article investigates the events
and conditions during the post-exclusion, Cold War years that set the
terms and conditions for ending the system of paper immigration and
considers how, in the process, the place of Chinese in America was
renegotiated and redefined.
“GOING WAY BACK, THE WHOLE GANG’S ILLEGAL:’
?General Joseph Swing, Commissioner of Immigration
The Chinese exclusion laws (1882-1943) barred all Chinese from
entering the United States save for merchants and their families, stu
dents, treaty traders, and diplomats.4 Although many Chinese laborers
entered the United States by surreptitiously crossing the Mexican or
Canadian border, many more gained entry by posing as persons who
were legally admissible, often with fraudulent certificates identifying
them as merchants. Increasingly, Chinese seeking entry into the United
States claimed to be American citizens by native birth or the China-born
sons of those citizens?known formally as derivative citizens.5 Between
1920 and 1940, 71,040 Chinese entered the United States as derivative
citizens.6
Central to the problem of illegal Chinese immigration was the inabil
ity of state authorities to authenticate the identity of Chinese entering
the United States. Most Chinese made their initial claim to American
citizenship without documented proof. Ultimately the government it
self?the federal courts, the INS, and the State Department?created
and conceded documentation of identity and citizenship to Chinese la
borers entering the United States. Typically, during the first decades of
the twentieth century, young Chinese men arriving in America claimed
that they were born in the United States and taken back to China at a
young age by their parents. It has become nearly legendary that the
destruction of the San Francisco Hall of Records by the earthquake and
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Ngai 5
fire of 1906 enabled Chinese to assert native-birth citizenship because
no records survived to contradict them. Chinese entering as citizens at
the turn of the century were also aided by the unwitting practice of the
courts, to which many Chinese turned in order to overturn unfavorable
decisions made by customs and immigration inspectors. Although judges
sitting on the federal bench at the turn of the century supported the
policy of Chinese exclusion and believed that Chinese witnesses lied in
hearings, they often were, to use Lucy Salyer’s phrase, “captives of the
law,” especially the tradition of habeas corpus and rules of evidence.
The court felt obligated to hear habeas corpus cases, and once Chinese
petitioners gained a hearing they found the courts inclined to accept
uncontradicted oral testimony. Between 1891 and 1905 the United States
district and circuit courts in San Francisco heard over 2,500 cases brought
by Chinese petitioners and ruled favorably in over 60 percent of them.7
The courts’ rulings became the documentation for American citizenship
and the foundation of citizenship for future generations.
The experience of the Yee family is illustrative. On 28 September
1903, Yee Ot Wah, aged 28, arrived in San Francisco on the SS Doric.
He claimed he was an American citizen by native birth, but produced no
witnesses to testify on his behalf. The immigration inspector refused to
land him and ordered him deported. Yee filed a writ of habeas corpus in
District Court. At his hearing, a man named Yee Chuck Wah testified as
his brother. Yee Chuck Wah said that Yee Ot Wah was born in 1875 on
Clay Street in San Francisco and, when he was four years old, was taken
back to China by his parents. On the strength of the brother’s sworn
testimony, Judge John DeHaven discharged Yee Ot Wah as a citizen.
In March 1922, Yee Ying Toy arrived at San Francisco, claiming to
be Yee Ot Wah’s son and thus a citizen by derivation. Yee Ying Toy
said he had no witness because his father died of typhoid in 1906, but he
presented the latter’s discharge papers from the District Court as proof
of his father’s citizenship. An attorney for Yee Ying Toy said the father’s
death certificate was destroyed in the earthquake and fire of 1906. How
ever, immigration officials located the mortuary records of one “Yee
Dot Wa,” a 44-year old unmarried laborer who died of tuberculosis in
1906. Yee Ying Toy was admitted on the basis of this evidence, albeit
an imperfect corroboration.
In 1969, Yee Ying Toy, who was at this time 56 years old, appeared
at the INS office in Detroit and confessed that he was not the true son of
Yee Ot Wah. He confessed that his true father had paid $2,000 for the
papers of Yee Ot Wah so he could immigrate to the United States. Yee’s
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6 Journal of American Ethnic History / Fall 1998
confession further revealed that he had two paper brothers, that is, two
others who had also immigrated as sons of Yee Ot Wah; one was a true
nephew of Yee Ot Wah and one, like Yee Ying Toy, was no relation.
Moreover, Yee Ying Toy confessed that he had, in turn, brought in two
of his own true sons using the Yee family name, and had also reported
to the INS the birth of a third, fictitious, son in China.8
Thus Chinese immigrants created a system of illegal entry built en
tirely upon a paper trail derived from the state’s very efforts to enforce
exclusion. In many instances, documentation supporting the identity of
two or three generations of American citizens?including certificates of
identity and citizenship, passports, and an ongoing registry of names of
children born in China to American citizens?rested on a slender reed of
evidence: an oral claim. Moreover, the authorities’ interrogations of
Chinese claimants and their witnesses about family history and the de
tails of village life, which were originally devised to uncover fraud by
finding discrepancies in testimonies, turned into something of its oppo
site by creating a record of facts which could be coached, memorized,
and recited. The interrogations became increasingly elaborate over the
years, but if that made the process of memorization and recitation more
difficult it did not solve the state’s problem, it only enlarged the body of
evidence.9 The logic of enforcing exclusion compelled immigration offi
cials to impose an upward spiral of evidentiary requirements upon Chi
nese immigrants. But, at the same time, the authorities mistrusted the
entire register of documentation that they had created. Captives of their
bureaucratic procedures, immigration officials were indignant that they
were mocked by impostors?immigration officials frequently remarked
that each Chinese woman residing in the United States before the 1906
earthquake would have had to have given birth to 800 sons to account
for all the native-born citizens10?and despaired they could ever solve
the problem of paper immigration. Gen. Joseph Swing, the immigration
commissioner during the Eisenhower Administration, recalled, “Ever
since the first Chinese came over here . . . the male Chinese went
back… and he’d come back with a man child, and that went on, until
there were ten, eleven children, all male, over the years. Well of course,
it was a big fraud…. Going way back, the whole gang’s illegal. They
just had us spinning our wheels, trying to track these things down.”11
Paper immigration had both cultural and legal consequences. Cultur
ally, it contributed to a racialized view of Chinese as unscrupulous,
devious, and immoral. Mary Coolidge observed in 1909 that “all Chi
nese are treated as suspects, if not criminals.”12 The common practice of
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Ngai 7
illegal immigration underscored the belief that Chinese were an
unassimilable race which had no legitimate claim to American citizen
ship, notwithstanding the Fourteenth Amendment; the California nativ
ist lobby called Chinese born in the United States “pseudo-citizens.”13
The presumption that all Chinese were illegal immigrants also informed
the collective experience of Chinese in America. Arriving Chinese im
migrants, legal and illegal alike, bonded as brethren, as the racially
despised “other,” in the crucible of immigration inspection. As one im
migrant detained on Angel Island wrote, “America has power, but not
justice; in prison, we were victimized as if we were guilty.”14
The government and Chinese viewed paper immigration across a wide
cultural divide. If the authorities believed Chinese were immoral be
cause they knowingly broke the law, Chinese believed paper immigra
tion was morally justified because it was one of the few ways to enter
the United States when exclusion made legal immigration impossible.
Indeed, Chinese believed exclusion was immoral, even if it was legal.
Testifying before a Congressional panel in 1952, Edward Hong of the
New York Chinese Consolidated Benevolent Association explained the
feelings of many Chinese Americans: “[T]he immigration laws
are … discriminatory and so hard on the immigrants that it forces them
to perpetuate fraud against the American government.”15 These discrep
ant perceptions and values were part of exclusion’s legacy and would
have to be addressed in any attempted resolution of illegal immigration.
Legally, the authorities found that paper immigration was nearly im
possible to eliminate because it rested on documentation that was cre
ated by the state. Thus, just as oral testimony and interrogation helped
create that body of evidence, “confession” became the only method of
proving its fraudulent character. The question was: under what condi
tions could Chinese paper immigrants be induced to confess?
“IDENTITY NOT ESTABLISHED:’
?Everett F. Drumright, U.S. Consul General, Hong Kong
The impetus for solving the problem of paper immigration grew out
of a crisis in Chinese immigration during the 1950s that reflected both
the legacy of Chinese exclusion and Cold War politics. The roots ofthat
crisis lay in part in the great increase in the number of Chinese seeking
entry into the United States when unsettled conditions created by civil
war and revolution in China prompted many Chinese to emigrate. Con
gress repealed the exclusion laws in 1943, but only a few could hope to
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8 Journal of American Ethnic History / Fall 1998
enter the United States under the annual quota of 105. That quota ap
plied to all persons of Chinese descent in the world, defined by a one
half blood quantum, regardless of country of birth, residence, or citizen
ship.16 Most Chinese seeking legal entry found avenues for non-quota
immigration as war brides and wives of citizens, as refugees, and as
derivative citizens.17
After the Chinese Revolution in 1949, the American consulates in
China closed, and the several thousand visa and passport applications
that had piled up during the war years were forwarded to the consulate
at Hong Kong. In 1950, 117,000 Chinese American derivative citizens
applied for passports at the United States Consulate at Hong Kong in
order to join their families in America, 67 percent more than had applied
in 1940. Applicants confronted a four- to twelve-year wait for process
ing.18
In 1950 the Passport Division of the State Department issued special
regulations for Chinese derivative citizens applying for passports. Ap
plicants had to submit affidavits from the American father in triplicate,
photographs from childhood onward, and other documentation difficult
or impossible for many Chinese to acquire. Chinese without birth cer
tificates had to produce “an identifying witness, preferably an American
citizen, well and favorably known to the consular office.”19 In 1951, the
consulate began to use blood tests to determine paternity. It soon added
bone x-rays to ascertain age. The scientific value of these tests was
doubtful even at the time, but the courts upheld their use.20 Yet even
while demanding extraordinary forms of evidence, the consulate did not
always accept them. An immigration attorney recalled, “Even if you
passed the blood test, they might reject it if they felt they weren’t fully
satisfied…. Sometimes a marriage certificate was accepted by the pass
port office as documentation to show a child’s legitimacy, but the same
marriage certificate was rejected by the United States consular office in
Hong Kong as documentation for the wife’s visa.”21
Investigators subjected applicants to severe interrogation, with ques
tions even more numerous and detailed than in the past. They required
applicants to answer eighty-one questions in writing (Question 22: “List
all the people who lived within five houses on all sides of your last
place of residence in China before you came to the U.S. and state their
relationship to you if any”) and then sit through one or more lengthy
oral interviews. Discrepancies between declared statements and other
testimony sometimes prompted investigators to visit the applicant’s home,
searching for incriminating evidence, such as family letters, a practice
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Ngai 9
that the consulate knew infringed upon the subject’s rights.22 The San
Francisco Chinese World editorialized that the hurdles in the passport
application process at Hong Kong were “so harsh and oppressive that
even legitimate applicants cannot surmount them.”23
Many Chinese American derivative citizens whom the consulate de
nied passports appealed to the federal courts for relief, as their forbears
had done at the turn of the century. Between 1952 and 1955, nearly
2,000 Chinese American derivative citizens filed civil suits in United
States District Courts in California, asking for declaratory judgment on
their claims to citizenship. The civil suits placed the State Department in
a position of having to prove the consulate’s judgment of fraud.24 But in
1955, the consulate still had over 1,000 passport cases pending in which
fraud was suspected.25 Representatives of the State Department’s Bu
reau of Security and Consular Affairs conducting a site visit to the post
in the spring of 1955 found the consular staff suffering from an “acute
feeling of frustration,” owing to the huge volume of cases and the “devi
ousness of all but a very few of the applicants they face.” Morale at the
post was so low that the visiting officials declared that Hong Kong was
“without exaggeration
… the worst of any Foreign Service post” they
had ever seen.26
Owing to the backlog of applications and the pending civil suits, a
sense of crisis loomed at the State Department. Determined to investi
gate “every single case” in which there was suspicion of fraud so that
“we will not again be inundated with a flood of illegal Chinese,” the
department decided to increase the investigative staff in Hong Kong
from 22 to 120; Congress granted the department an additional $500,000
to pay for it.27
The central figure in the American campaign against immigration
fraud in Hong Kong was the Consul General, Everett F. Drumright. A
former “China hand,” Drumright was one of the few foreign service
officers who did not come under attack during the early 1950s by Sen.
Joseph McCarthy and Vice-President Richard Nixon for “losing China.”
The son of a Midwestern farmer who struck oil in Oklahoma in 1902, he
was the most politically conservative member of the Foreign Service in
pre-war China, a distinction which led his colleagues to sometimes call
him “Right Drum” and went a long way to placing him above suspicion
by the McCarthyites.28
Drumright led the American consulate at Hong Kong at the height of
the Cold War. By the mid-1950s the United States, having stalemated in
Korea and paying for 75 percent of France’s military operation in Viet
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10 Journal of American Ethnic History / Fall 1998
nam, considered China its number one enemy. The Eisenhower Admin
istration believed that the real threat in Vietnam, as in Korea, was China.
During late 1954 and 1955, the United States came dangerously close to
war with China over Jinmen and Mazu, tiny islands a few miles off the
Chinese coast that had been seized by Chiang Kai-shek’s forces when
the deposed Nationalist government retreated to Taiwan in 1949.29
Relations between the United States and China during the mid-1950s
thus seemed to rest on a hair trigger, and the implications were not lost
on Chinese Americans and their relatives seeking entry to the United
States. Framed by the Chinese Revolution, the issue of citizenship was
not confined to Chinese Americans but was international, facing other
overseas Chinese as well, especially in Southeast Asia, where 90 per
cent of all overseas Chinese resided. Eisenhower believed the twenty
two million overseas Chinese in Asia formed a fifth column for China.
The Kuomintang also warned that Communist China would claim the
citizenship of the overseas Chinese and, presumably, their loyalty. The
warning was ironic, for the Kuomintang had been built with overseas
Chinese support and funding, and had pursued an aggressive overseas
Chinese policy based on the principle of jus sanguinis?that persons of
Chinese blood, regardless of their country of birth, are citizens of China.30
When the Chinese Communist party assumed power in 1949 it inherited
an overseas Chinese “problem” that had evolved historically throughout
Southeast Asia. Long-standing social and economic resentment toward
the Chinese combined with fear of subversion.31
Although the overseas Chinese community in the United States was
much smaller and more economically marginal than those in Southeast
Asia, the same anti-Communist politics and racist suspicion informed
Drumright’s approach to the immigration crisis. In December 1955,
Drumright submitted an 89-page white paper to the State Department
that directly linked the problem of fraud to communist infiltration. The
report alleged that Communist China was exploiting a widespread “crimi
nal conspiracy” which included a fantastic multi-million dollar black
market operating in Hong Kong, San Francisco, and New York (com
plete with blood-type-matching services designed to thwart the new
regulations).
Drumright alleged there were 124 “citizenship brokerage houses”
openly operating in Hong Kong, though he gave no evidence for the
charge. He warned that China was sneaking espionage agents into the
United States by purchasing false papers and that the Communists planned
to “organize the newcomers who are [in the United States] illegally and
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Ngai 11
therefore are subject to blackmail.” The passport fraud rings, Drumright
warned, had to be “destroyed] once and for all,… before Communist
China is able to bend that system [of illegal immigration] to the service
of her purposes alone.”32
Drumright gave no evidence that China was sending spies into the
United States, but the consulate saw potential spies everywhere. It be
lieved a so-called “smile campaign” conducted by the Communists to
ward overseas Chinese and their families in southern China during the
mid-1950s (reclassifying families from “landlord” to “peasant” status,
returning their houses, increasing rations, relaxing remittance proce
dures) was part of a Communist strategy to gain influence in the United
States. By giving benefits to Chinese Americans’ relatives in China, the
consulate reasoned, the Communists would make Chinese Americans
dependent upon them and therefore vulnerable to blackmail. It specu
lated that the Communists would gain further influence in the United
States as the sons and paper sons of Chinese Americans, having been
schooled in the Communist education system and served in the People’s
Liberation Army, emigrated to America.33
The consulate worried further about a Communist-backed “marriage
racket.” It alleged that the Communists sent “Chinese girls” into Hong
Kong, where they married Chinese Americans and then sought entry
into the United States with no other evidence of identity than their Hong
Kong marriage certificate. The consulate despaired it had “no way to
even begin a security investigation” of such persons.34 In fact, the Com
munists’ overseas Chinese policy was much more complex than the fifth
column theory suggested. Notwithstanding the dubious notion that the
politics and behavior of overseas Chinese could be manipulated by ei
ther the Communists or the Nationalists, China had, by 1954, begun
moving away from the historical policy of jus sanguinis. Its interests in
the overseas Chinese were aimed at keeping a smooth flow of remit
tance and supporting its foreign policy goals of peaceful coexistence,
not exporting revolution.35
The Drumright report also betrayed racial hostility and suspicion to
ward the Chinese reminiscent of exclusion-era rhetoric. Drumright of
fered a crude analysis of Chinese culture, citing adoptions, plural mar
riages, multiple naming, and preference for male children as “common
cultural occurrences (that) become a perfect alibi” for illegal activity.
Moreover, he alleged that Chinese were culturally inclined to fraud and
perjury since they “lack a concept equivalent to the Western concept of
an oath.” In the final analysis, Drumright simply did not want to see so
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12 Journal of American Ethnic History / Fall 1998
many Chinese immigrating into the United States. He recalled the late
nineteenth-century vision of the Chinese yellow peril and raised the
specter of race riots and exclusion. Noting that 99 percent of Chinese
immigration from Hong Kong was on a non-quota basis, Drumright
suggested the non-quota immigrants were somehow cheating the quota
system that had, after all, been designed to limit Chinese immigration.
He compared the 1940s, when the Chinese population of the United
States increased by over 50 percent, to the 1870s, “when an increase of
67 percent so alarmed the West that Exclusion was enacted within a few
years.”36
However, Drumright opposed the State Department’s decision to in
crease the investigative staff at Hong Kong and argued with his col
leagues in Washington about it for over a year. Drumright believed it
would be an exorbitant expense to investigate every case. He argued
that direct investigation was not necessary except in unusual cases and
advocated instead a much easier method: if an applicant failed to meet
the consulate’s standards of evidence, passports and visas could be de
nied on the simple grounds of “identity not established.”37
Since the consulate had erected nearly insurmountable barriers to
proving identity and suspected every applicant of fraud, Drumright’s
method would have denied passports and visas to virtually all appli
cants. State Department officials regarded Drumright’s views and prac
tices with great unease. A formal review of Drumright’s report and
recommendations concluded that denying passports and visas on the
basis of mere suspicion, without investigation, was arbitrary and prob
ably violated due process. Some officials also believed the standards of
evidence imposed at Hong Kong were unreasonable.38
But Drumright continued to frustrate and embarrass the department,
especially in visa cases, where he had final authority. He suspended
hundreds of cases indefinitely on the vague grounds of “identity not
established,” including cases where evidence had been submitted and
the petition already approved by the INS. He refused to respond to
inquiries from members of Congress about specific cases.39 The Consul
General believed the State Department should not bend to “bureaucratic
pressure” from congressmen who were manipulated by Chinese Ameri
can “pushers.” In fact, the latter were wealthy Chinese American sup
porters of the Republican party and the Kuomintang whom both Con
gress and the State Department were reluctant to offend.40
Drumright’s position was actually the logical extension of the
government’s historical policies for authenticating the identity of Chi
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Ngai 13
nese immigrants. Drumright understood that Chinese determined to en
ter the United States could thwart nearly any government requirement.
Caught in the historical spiral, Drumright advocated policies that were
increasingly extreme. For example, when blood tests were first imposed
in the early 1950s, a negative result was considered proof that the claimed
relationship was false. In 1956, Drumright also wanted to reject appli
cants who tested positive because he believed impostors had learned to
match their blood types before making their claims?begging the ques
tion of what purpose a blood test served if any result was grounds for
denial. He wanted to fingerprint applicants, subject suspected impostors
to polygraph tests, and install hidden microphones in interrogation rooms
to monitor the consulate’s Chinese interpreters, whom he did not trust.41
He even suspected that Chinese made fake confessions after investiga
tors produced evidence of fraud. “If an immigration family claims six
sons and one is shown to be a blood fraud,” he said, “the family will…
decide to ‘confess everything.’ The new family history will, however,
continue to show all of the other five sons.” While continuing to raise
the standards of evidence, Drumright offered what he believed was the
only way out of the spiral: just say no.42
Consistent with the premises of Chinese exclusion, Drumright be
lieved Chinese immigration could not be addressed within existing law
but was a special problem requiring special solutions, that is, arbitrary
power to deny Chinese entry to America.43 The State Department, whose
standards of evidence for Chinese derivative citizens were already above
and beyond those required of other derivative citizens,44 argued that
Chinese immigration should be regulated by the same policies and pro
cedures that it applied globally. Within that framework, it believed fraud
could be uncovered only by directly investigating each case that came
under suspicion. Drumright appears to have dodged the policies of the
Passport and Visa offices for as long as he did because he had personal
and political support in the Department’s Bureau of Far Eastern Affairs.
He was also stubborn and ill tempered.45
The conflicts between Drumright and sections of the State Depart
ment reflected tensions in Washington over both immigration and for
eign policy. Drumright evinced an old-line exclusionist mentalit? com
bined with the shrill anti-Communism of the post-war China Lobby, and
he guarded the gate in Hong Kong with single-minded anti-Communist
and anti-China determination. The State Department shared many of the
same assumptions but sought a more subtle, modern policy that was not
explicitly racist.
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14 Journal of American Ethnic History / Fall 1998
Moreover, the department had to balance its commitment to halting
illegal entry with other concerns. It had to navigate the waters of foreign
policy with the Nationalists in Taipei and the British colonial authorities
in Hong Kong. The department worried that criticism of its policy and
actions from those quarters would embarrass the United States. It was
sensitive to charges of racial discrimination, knowing that such charges
damaged the international image of the United States, and may have felt
particularly vulnerable to criticism of the Chinese quota, which was
based on race, not national origin.46 Although nativists in Congress, led
by Francis E. Walter, the co-sponsor of the 1952 Immigration and Na
tionality Act, blocked immigration reform throughout the 1950s, the
Eisenhower Administration advocated reforming the quota system and
viewed such reform as part of the United States’ ability to present itself
as the leader of the free world.47
Despite their differences, the Consul General and State Department
officials in Washington generally agreed that decisive action was needed
to keep Chinese impostors from entering the United States. By Septem
ber 1956, the department had assigned twenty-three additional investi
gative teams to Hong Kong. And, if Drumright lost the immediate battle
over passport and visa policy, he did not suffer politically from it. In
1957 he was named United States Ambassador to Nationalist China, in
which post he served as a staunch supporter of the Chiang regime.48
“STIGMA TIZING THE SOCIAL AND FAMIL Y STA TUS OF A
RESPECTED COMMUNITY WITH CRIMINAL COLORATION”
?Chinese Six Companies
The Department of Justice carried out the domestic component of the
government’s coordinated effort against illegal Chinese immigration. In
February 1956, the United States Attorneys in San Francisco and New
York impaneled grand juries to investigate Chinese fraudulent entry.
Whereas the enforcement of immigration policy in matters of admission
and deportation was an administrative procedure, the Justice Department’s
action exposed Chinese paper sons to felony charges of fraud, perjury,
and conspiracy.
The grand jury in San Francisco subpoenaed the officers of Chinese
family and district associations, as well as the “lists, rolls,
or other
records of membership of the association during the entire period of the
association’s existence, all records of dues, assessments, contributions,
and other income of the association, and all photographs of the member
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Ngai 15
ship or any portion thereof.”49 The Justice Department believed that
Chinese joined their true family association, not the association of their
paper name. It therefore believed that the family associations’ files con
tained “independent, accurate records of Chinese family relationships”
that could be used to challenge the legitimacy of citizenship claims in
the cases pending in District Court.50 The United States Attorney as
sembled a task force that included five investigators from the State
Department’s Office of Security, eight investigators from the INS, and
three United States Marshals. Teams from the United States Attorney’s
office and the district office of the INS fanned out throughout Chinatown
on the morning of 29 February 1956 and served the subpoenas on thirty
four family and district associations. The order gave twenty-four hours
to comply.51
On March 1 the grand jury began proceedings at the Post Office
Building in San Francisco. Some fifty Chinatown residents and family
association leaders appeared, many armed with “pasteboard boxes full
of papers and photographs.” Among the family association officers present
were Jack Chow, an assistant district attorney under Edmund Brown,
and Earl Louie, a member of the Central Committee of the California
Republican party.52 But they did not testify. In a dramatic move, the San
Francisco Chinese Six Companies, the original and pre-eminent Chinese
benevolent association in America, challenged the subpoena. Chow,
Louie, and the officers of the other family associations refused to turn
over their records, charging the subpoena was so vague as to constitute
unlawful search.53
The grand jury investigation frightened and outraged the community.
Lim P. Lee, the head of the Cathay Post of the American Legion who
later became the Postmaster General of San Francisco, recalled,
“Chinatown was hit like an A-bomb fell. Streets were deserted. Restau
rants dropped income. Shoppers avoided Chinatown, and for three weeks
it was a ghost town.”54 Rumors circulated that Chinese would be rounded
up en masse and deported or, alternately, put into “concentration
camps.”55
The state’s attack on the Six Companies was ironic, since the local
Kuomintang, which overlapped with the Six Companies leadership, had
colluded with the FBI and INS to harass and deport Chinatown leftists
during the early 1950s. Chinatown politics had enjoyed a period of
popular front unity during the 1930s and 1940s, but that situation changed
after the Chinese Revolution and the advent of the Cold War. By 1956,
organizations of the Chinese American left, such as the Chinese Hand
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16 Journal of American Ethnic History / Fall 1998
Laundry Alliance and China Daily News in New York and the Chinese
Workers Mutual Aid Association and the Chinese American Democratic
Youth League in San Francisco, were crippled by state repression and
local Kuomintang opposition.56 When immigration politics reached into
the community at large, Chinatown politics were severely fractured and
the leadership of the community’s resistance fell largely to the Chinese
Consolidated Benevolent Association (CCBA), known in San Francisco
as the Chinese Six Companies.
The Six Companies’ role in the immigration crisis recalled its histori
cal position in the Chinese community dating back to the late nineteenth
century. An associative council comprising all the family and district
associations and led by the Chinese merchant elite, the Six Companies
was an instrument of social and labor control within the community as
well as its representative to mainstream society and voice of protest to
the government. During the exclusion era, when Chinese were ineligible
for citizenship and excluded from the polity, the Six Companies carved
out a narrow space within which it fought for the interests of Chinese in
America. It used the federal courts adroitly to challenge Chinese immi
gration policy, taking many cases as far as the United States Supreme
Court. Although the Chinese lost more cases than not, they achieved
some significant victories, such as the ruling in Wong Kim Ark (1898),
which upheld birth-right citizenship under the Fourteenth Amendment
for Chinese born in America.57
In response to the immigration crisis in the 1950s, Chinese again
relied on legal means to protect them. But after World War II, Chinese
Americans began to develop some political influence, owing to the re
peal of the exclusion laws, a loosening of immigration restrictions, and
the maturation of a generation of American-born Chinese, especially in
California.58 Candidates running for political office in San Francisco
courted the Chinatown vote, and Chinese who were aligned with the
Kuomintang supported the Republican party in the belief that the latter
were the strongest allies of the Nationalist government. These develop
ments enlarged the space within which Chinese could organize their
resistance.
When the grand jury subpoenas were served on the family associa
tions, the Six Companies mustered a legal challenge literally overnight.
It then moved to mobilize public support. On March 16 the Six Compa
nies held a press conference where it said it would cooperate with the
authorities in any investigation of Chinese who were “legitimate objects
of inquiry,” but condemned the blanket subpoena in harsh language that
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Ngai 17
reflected its essentially nationalist world view, claiming the subpoena
was being used for the “obvious purpose of oppressing and intimidating
the entire Chinese American community in San Francisco and, whether
intentional or otherwise, they are having the effect of stigmatizing the
social and family status of a respected community with criminal colora
tion.”59
Several community organizations participated in the press confer
ence, including the conservative Chinese Chamber of Commerce and
Chinese American War Veterans Association, the more moderate Cathay
Post, and the liberal Chinese American Citizens Alliance. The leader
ship of this united front was clearly in the hands of the Six Companies,
which had the added moral authority derived from being the victim of
an injustice. At the same time, the left was absent from the meeting as
well as from any collective protection organized by the Six Compa
nies.60
Chinese in New York watched with alarm as the situation unfolded in
San Francisco. In response to reports that the INS had raided the Chi
nese New Year celebrations of numerous family associations in San
Francisco, the New York CCBA ordered all New Year banquets in New
York canceled. The CCBA retained a lawyer and, in an open letter
printed in the Chinatown press, advised it would protect and fight on
behalf of those “involved in misfortune without cause.”61 CCBA leaders
also appealed to the Nationalist Chinese government to protest the grand
jury actions.62
The grand jury proceedings met a storm of protest in the Chinese
press. One paper deplored the “blunderbluss” tactics of the government
that “failed to distinguish between racketeers and the long-established,
reputable family associations.”63 The press obtained a copy of the
Drumright report from the United States Attorney’s office, adding fuel
to the fire in the Chinese press in both the United States and Hong
Kong. The New York World Journal published a pamphlet with a lengthy
critique.64 Dai Ming Lee, editor of the San Francisco English-language
Chinese World, polemicized against the Drumright report every day for
two weeks, criticizing Drumright for ignoring Chinese immigrants’ con
tributions to building the American West and “cast(ing) the antecedents
of the Chinese in America in the role of criminals.”65 The Hong Kong
Tiger Standard called the Drumright report “too fantastic for words”
and said it was designed to “stir up the American public, which is given
to hysteria on the slightest provocation.” The South China Morning Post
articulated the view of many Chinese that they were not really culpable
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18 Journal of American Ethnic History / Fall 1998
for criminal acts because illegal immigration was “basically due to the
Asiatic exclusion laws.”66
On March 20 Judge Oliver Carter granted the motion of the family
associations to quash the subpoenas, agreeing that the blanket nature of
the subpoena violated their Fourth Amendment rights. Carter ruled that
the subpoenas were “oppressive,” “unreasonable,” and “had the effect of
a ‘dragnet.'” The United States Attorney’s office, while still alleging
“suspicion of fraud involving every family association,” said it would
conduct a “more limited probe.”67
In fact, investigations in both the United States and Hong Kong con
tinued. The State Department’s Office of Security, the INS, and the FBI
assigned additional investigators to assist the United States Attorneys.68
Having lost in the matter of the mass subpoena, the United States Attor
ney subpoenaed specific family association records in connection with
specific individuals under investigation. In June the welfare committee
of the Chinese Six Companies announced it had agreed to cooperate
with the INS in the questioning of officials of certain associations.69 But
the Chinese continued to resist in a number of ways. The CCBA in
Boston, New York, and Washington instructed local family associations
to relocate the names of paper sons from the records of their true family
associations to the association to which the paper name belonged.70
Individual Chinese who were called before the grand jury responded
in ways that were not entirely cooperative. A field report submitted to
the State Department Office of Security, summarizing thirty cases heard
by the San Francisco grand jury during the month of April 1956, shows
that in four cases the Chinese refused to cooperate outright, two by
invoking the Fifth Amendment and two by failing to appear. Eighteen
cases, more than half, were dismissed. That is, Chinese plaintiffs dropped
their suits and withdrew their applications for passports pending in Hong
Kong; in exchange, the United States Attorney dropped criminal charges.
In five cases Chinese maintained they were true sons or daughters who
had used paper names. In only three cases did Chinese individuals admit
to creating or using false immigration “slots.” The Justice Department
was sufficiently frustrated that it considered filing charges against the
CCBA for obstruction of justice for advising Chinese to not cooperate
with the investigations.71
In Hong Kong, too, Chinese resisted by refusing to cooperate with
investigators. Many witnesses “disappear(ed) rather than be interviewed,”
and many subjects “refused to cooperate in any way.” If the task was
more difficult, the consulate nonetheless completed its goal of investi
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Ngai 19
gating fifty cases by the end of July. The consulate reported indications
of fraud in all fifty cases, but it obtained direct confessions only in
twenty-six cases, of which half were confessions by true sons or daugh
ters using paper names. Only one case revealed an exchange of money
for papers. In fourteen cases the subjects either disappeared or refused
to incriminate themselves.72
The revelation of many Chinese who were true family members using
paper names suggests that paper immigration had become a burden for
many Chinese Americans. Once the paper trail started in the early twen
tieth century, Chinese Americans using paper names had no choice but
to perpetuate the false lineage in order to bring their true family mem
bers into the United States. The high percentage of confessions by true
family members using paper names also suggests that they did not be
lieve they had really committed a crime, even if they knew they had
technically broken the law. Those Chinese confessed believing, perhaps,
that the authorities would recognize their moral innocence and not pros
ecute them. At the same time, Chinese who refused to testify understood
that without a confession the prosecutors would not have enough evi
dence to obtain a conviction. Ironically, the United States Attorney pur
sued criminal charges against Chinese who confessed to being true sons
using paper names while it declined to prosecute cases stipulated for
dismissal, even though the latter were more likely to involve the use of
paper names by people of no relation or the sale of false immigration
slots for profit.73
As a result of the coordinated investigations the District Court dis
missed some 200 civil suits, and the grand juries in New York and San
Francisco handed up thirty-eight indictments.74 The authorities exposed
only one “racket,” operated by a prominent New York Chinatown busi
nessman who owned two restaurants and a travel agency. Prosecutors
said the latter was a “front” for an illegal immigration operation with
connections to doctors who certified blood types and lawyers who handled
the applications. They claimed that he filed sixty-five actions for more
than one hundred applicants between 1949 and 1952, although they tried
and convicted him in connection with only five cases. The trial also
revealed that he made a profit of $23,000 in two years from selling false
papers, a substantial sum, but far less than the $3 million a year the
government originally alleged.75
Indeed, the actual cases involving fraud that the government brought
hardly matched up to the sensational charges made by Drumright and
the Justice Department. While paper citizenship was widespread, the
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20 Journal of American Ethnic History / Fall 1998
result of sixty years of exclusion, contemporaries believed that the prac
tice of buying false papers had ceased by the early 1950s because it had
become widely known that the American consulate at Hong Kong was
blocking most citizen claimant applications. Observers also wondered
why Communist China would try to sneak spies into the United States
by what had become the most ineffective means of illegal entry, when
agents could, for example, simply pose as seamen and jump ship.76 The
problem was not communist infiltration or multi-million dollar rackets,
but the existence of tens of thousands of ordinary Chinese Americans
who were related in some way to a paper citizen.
“I HEREBY SURRENDER MY PASSPORT.”
?required of Chinese confessing fraudulent claim to citizenship
In March 1957 the New York and San Francisco CCBA called a
nationwide Chinese American conference on immigration reform in
Washington, D.C. It was an unprecedented gathering, drawing 124 del
egates from thirty-four cities from all regions of the country, including
such unlikely places as Savannah, Minneapolis, Cleveland, and Hous
ton. Howard Pyle, a White House assistant to President Eisenhower,
addressed the conference. Delegates passed fourteen resolutions, mostly
concerned with increasing Chinese immigration and reforming the dis
criminatory aspects of American immigration policy. A resolution to
admit Chinese refugees to work as agricultural laborers, similar to Mexi
can braceros, recalled the CCBA’s historical role as a labor contractor.77
The conference reflected some subtle shifts in the CCBA’s percep
tions of its role in community politics and evinced a growing sophistica
tion in political lobbying. Significantly, the conference promoted an
image of the Chinese as solid American citizens, not unassimilable for
eigners. The delegates issued a statement declaring, “To be good citi
zens has always been our objective…. We must do our utmost to fulfill
our responsibilities and obligations by renewing our pledge as loyal
American citizens,” and pointed out that fostering the welfare of Chi
nese in the United States “thereby contributed] to towards the general
welfare of America.”78 Moreover, the issue of China was absent from
the conference call and agenda.79
Following the conference, the CCBA continued to lobby for reform.
CCBA leaders held private discussions with the INS to promote legisla
tive reforms, discourage immigration raids into the community, and find
ways to adjust the status of the paper immigrants. Toward achieving the
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Ngai 21
latter goal, CCBA leaders agreed to promote the Service’s Chinese Con
fession Program.80
The San Francisco district office of the INS started the Chinese Con
fession Program in 1956. The program was a procedure for an adminis
trative adjustment of status. If Chinese who had entered the country by
fraudulent means made voluntary disclosure of their false status, the
Service said it would assist confessors, “if at all possible under the law,”
to adjust their status. Under existing law, persons who were in the
country illegally were eligible for a suspension of deportation and per
manent resident status if they had resided in the United States continu
ally for seven years. Aliens who served in the armed forces for ninety
days were eligible for naturalized citizenship.81
According to an internal INS report, the Service organized the Con
fession Program as a result of its experience in a case involving the Lew
family of San Francisco. Lew Bok Yin had established himself as a
native-born citizen in 1902 by means of a habeas corpus proceeding. In
1955, the American consulate at Hong Kong received information sug
gesting that Lew was not in fact a citizen and that therefore thirty-four
people who claimed to be his descendants, including seventeen who had
already immigrated to the United States, were also not citizens. How
ever, the Service only had sufficient evidence to deport three of them.
Upon learning that ten of Lew’s alleged descendants were either veter
ans or active members of the armed forces, the INS interviewed the
veterans and explained that if they confessed they would be eligible for
naturalized citizenship under their real names. After extensive family
consultations, the entire family confessed. The Service had thus discov
ered a method of exposing an entire family tree.82
In June 1956, Bruce Barber, the San Francisco District Director of the
INS, spoke before a meeting of the Cathay Post of the American Legion
in San Francisco’s Chinatown, recruiting veterans to confess in exchange
for naturalized citizenship. By November the District had exposed 113
Chinese Americans holding false claims of citizenship and voided claims
to citizenship of 73 others still in Hong Kong and China.83 In February
1957, the INS Central Office approved expansion of the program to the
rest of the country. Instructions emphasized that no promises of immu
nity from prosecution should be made but that “every medium [be] used
to advise Chinese in the United States regarding the possibilities of
adjustment under the law.”84 Moreover, the INS conducted the Confes
sion Program with a great deal of discretionary authority. No statute
governed the program, nor was there provision for general amnesty.
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22 Journal of American Ethnic History / Fall 1998
Immigration Commissioner Joseph Swing and Rep. Francis E. Walter
decided that the program did not need or warrant legislation.85 Accord
ing to published statistics on the Confession Program in the INS’s An
nual Reports from 1957 to 1965, at least 11,336 Chinese Americans
confessed to having entered the United States under false claim of citi
zenship. Another 19,124 people were implicated as holding false citi
zenship by the confessions of others. Finally, some 5,800 “slots”?
names of non-existent persons not yet used for illegal entry?were closed
(see Table l).86
TABLE 1
Chinese Confession Program
1956-1965
Year(s) Confessed3 Implicated5 Slots closed0
1957, 1958, 1959 1,700 n/a n/a
1960 (northeast only) 151 158 327
1961 1,248 2,235 1,187
1962 1,419 3,003 1,391
1963 2,241 4,233 n/a
1964 2,579 5,911 1,192
1965 1,998 3,564 1,192
Total 11,336 19,124 5,800
Source: INS Annual Report, 1957-1965
Notes: a number of persons who made direct confession to illegal status;
b number
of persons named by confessors as illegal, but no direct confession;c number of
future illegal entries eliminated
The Confession Program aimed to correct limitations in the Depart
ments of State and Justice’s investigations in Hong Kong and the United
States. As reports of those investigations indicate, painstaking investiga
tive work led to direct confessions in only about 50 percent of the cases.
It was just as likely as not that the authorities would produce only
inconclusive evidence of fraud. Even when Chinese were induced to
confess, the authorities solved only individual cases, which did little to
eliminate the system of paper immigration.
The INS thus hoped that the Confession Program would eliminate
that system. It believed it could foreclose future illegal immigration by
securing the confessions of entire families. As the Lew family
case
demonstrates, exposure of an entire family tree included the disclosure,
and therefore the elimination, of false “slots” that were still unused. The
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Ngai 23
INS held out the possibility (never the promise) of relief only to confes
sors who named all names. Ralph Stanley, an INS investigator in San
Francisco, explained, “If this program is to be of value to this Service, it
is imperative that full information concerning all family members be
obtained and that the Chinese not be permitted to testify solely concern
ing his own individual identity and nationality.”87
INS investigators worked patiently and persistently to get the confes
sions of whole families. Stanley noted that it could take as long as a year
to obtain an entire family’s cooperation and explained the need to “save
face” for true family members who were caught in the web of illegality
of their kin. An immigration attorney who handled confession cases in
New York’s Chinatown similarly recalled that Service investigators of
ten seemed like “social workers” who assisted families with their con
fessions.88
Yet, the process of individual and family confession was not always
smooth. Many families divided over whether or not to confess, some
times quite bitterly.89 And, although Service publications described the
Confession Program as a benefit for which Chinese could voluntarily
apply without fear of prosecution, the program was not entirely volun
tary or free from the taint of criminality. It began in 1956 when the
grand jury and Hong Kong investigations were still taking place, blur
ring the line between voluntary confession and criminal proceedings.
Moreover, the INS aggressively sought to induce confessions from
people whose names surfaced in investigative leads from anonymous
telephone calls, letters, and coaching material the Service seized.90 In
many cases, INS investigators called Chinese whom they suspected of
fraud for “informal interviews,” where they confronted them with some
evidence that suggested fraud or news that a paper brother living in
another city had confessed. Investigator Stanley believed Chinese would
cooperate because they understood that the failure to do so might “ulti
mately involve themselves and members of their immediate families in
criminal action.”91 Thus Chinese called in for questioning often upheld
their original story but then returned a few weeks later with an attorney
and confessed. Given the atmosphere of anti-communism, grand jury
investigations, and rumors of mass deportations, it is not surprising that
Chinese under investigation found reason to confess.
Confession entailed a formal interview with INS officials. Confessors
answered questions according to a standardized form, confessing their
fraudulent claim to citizenship and listing the names of their true family
and paper family members, including their whereabouts. They were
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24 Journal of American Ethnic History / Fall 1998
asked if they had ever been convicted of a crime, voted in an election,
served in the armed forces, belonged to the Communist party, or be
lieved in “communistic aims.” Moreover, confessors had to turn over all
documents of citizenship and write in their own hand, “I hereby surren
der my passport” (or Certificate of Identity). At the conclusion of the
hearing, INS officers required confessors to state that they were “ame
nable for deportation” and then instructed them to apply for a suspen
sion of deportation, permanent resident status, or naturalized citizenship,
depending on their eligibility. A memorandum was then referred to the
INS board of special inquiry where a hearing officer ruled on the
confessor’s status.
The vast majority of confessors successfully received legal status, but
some were found ineligible for relief. Of those, a relatively small num
ber were deported; others remained in the United States because the
United States Attorney declined to prosecute and the INS shelved their
cases?a mixed blessing since they were left with no status at all.92
Sometimes an unsympathetic hearing officer simply denied relief to
confessors even if they were eligible for adjusted status. In one case, a
seaman who had jumped ship was advised by his attorney to confess; he
was denied a suspension of deportation because the hearing officer did
not believe it would be “unconscionable” to deport him.93 The seeming
arbitrariness of the Service’s rulings and the lack of statutory or even
published guidelines led immigration attorneys to complain that they
could not properly advise prospective confessors. Not surprisingly, many
Chinese immigrants mistrusted the program, especially in the beginning,
and the INS considered the cooperation of the CCBA essential to giving
credibility to the program.94
The INS also used its discretionary authority to deny consistently the
benefits of the Confession Program to Chinese American leftists. The
INS kept copies of the subscription list of the left-wing China Daily
News and membership lists of groups like the Chinese Hand Laundry
Alliance and the Chinese Workers Mutual Aid Association dating back
to the 1930s and continued using those lists to determine eligibility for
relief. Typically, in denying an application, the INS would refer to “con
fidential information the disclosure of which would be prejudicial to
public interest,” which was understood to mean “communist.”95
During the early 1960s, left-wing activists whom immigration and
FBI agents had harassed over the years became subject to deportation
and criminal proceedings once their false status was revealed by the
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Ngai 25
confessions of others. In New York, Louie Pon of the Hand Laundry
Alliance and Yee Sun Jok, an employee of the China Daily News, were
deported in 1964 and 1966, respectively, after each was exposed as a
paper son.96
In California the authorities vigorously prosecuted paper sons of the
left. In San Francisco the owners of the World Theater, Karl Fung and
Lawrence Lowe, were charged with fraudulent citizenship.97 In 1961 the
INS began deportation proceedings against Happy Lim (Lim Gim Foo),
the secretary of the Chinese Workers Mutual Aid Association, for illegal
entry as a paper son in 1922. The authorities believed Lim was a com
munist and pursued his case aggressively, although it never produced
sufficient evidence to deport him.98
Several members of the Chinese American Democratic Youth League,
familiarly known as Min Qing (Democratic Youth), were arrested on
criminal charges of fraud related to their alleged illegal entry into the
United States. In August 1962 a federal grand jury in Tacoma, Washing
ton, indicted Maurice Chuck for procuring a certificate of citizenship in
1954 as a result of “false and fraudulent statements.” Chuck had come
to the United States in 1948 at the age of fifteen to join his father, who
was a paper son. He soon joined the Min Qing and wrote articles for the
China Daily News.”
Chuck’s father, Hwong Jack Hong, had participated in the Confession
Program and was subpoenaed to testify against his own son. During the
trial, father and son stayed in the same hotel room. Their relationship
had never been easy; Maurice Chuck had grown up in China without
knowing his father, and when he came to the United States, they clashed
over Maurice’s radicalism. In Tacoma, the elder Chuck cried every
night over the government’s forcing him to testify against his son. The
court found Chuck guilty and stripped him of his citizenship. He served
three months of a five-year prison term.100
In 1961, Kai G. Dear, also of the Min Qing, was tried on criminal
charges of conspiracy for entering the United States as a paper son in
1933 at the age of ten, falsely representing himself as a citizen by voting
in elections, and serving as a witness at his wife’s naturalization hearing
in 1956. The case against Dear was based on the confession of his aunt.
Dear’s defense attempted to show that the INS had a secret list of
Chinese American organizations, including the Min Qing, the members
of which were to be denied the benefits of the confession program. But
the court quashed the subpoena issued by Dear’s lawyers for the INS.
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26 Journal of American Ethnic History / Fall 1998
Dear, too, was convicted and stripped of his citizenship.101
The confession trials served not only to punish Chinese American
leftists but as a public counterpart to the loyalty statement each confes
sor was required to make. The price of disloyalty was high: the accused
faced charges that were often abusive and frivolous, involving crimes
allegedly committed when they were children, as well as possibility of
deportation or imprisonment. Their families suffered humiliation and
anguish as their relatives were subpoenaed to testify against them, even
though the INS had assured the community that confessors and their
families would not be prosecuted.
“WHILE UPHOLDING THE LAW, THE HUMAN ASPECT
SHOULD NOT BE IGNORED.”
?Dai-Ming Lee, editor, San Francisco Chinese World
The cultural arrogance of the authorities, combined with the politics of
the times, dictated that paper immigration be cast as a mass criminal
conspiracy. But it would be more accurate to view paper citizenship as
part of a culture constructed by a minority population under conditions
of exclusion and social segregation. That culture was drawn from China
and built on premises of extended family loyalty and group survival
made necessary by life in America. Exclusion created the conditions for
paper immigration as well as an insulated environment that both pro
tected illegal immigrants and kept the community isolated from main
stream society.
The Confession Program enabled Chinese immigrants to take a step
out of the shadow of exclusion. By legalizing the Chinese paper sons,
the program eliminated one source of the community’s social isolation
and enabled their sons and daughters, the next generation of Chinese
Americans, to better make their claim to the rights and privileges of
citizenship during the 1960s and 1970s. Moreover, by clearing up fam
ily relationships, the Confession Program allowed Chinese Americans to
immigrate their true relatives into the United States. That step had im
portant, if unintended, consequences for Chinese immigration. It laid the
basis for many Chinese Americans to take advantage of the preference
categories for family reunification enacted in the immigration reforms
of 1965, and thus contributed to the significant increase in the level of
Chinese immigration experienced since that time.
The Confession Program served as a means of renegotiating the terms
of Chinese Americans’ membership in the nation. Although Chinese
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Ngai 27
Americans and the INS approached that negotiation from grossly un
equal positions of power, Chinese Americans resisted the state’s efforts
to criminalize the entire community. The Six Companies and CCBAs
successfully mobilized both legal and mass opposition to the grand jury’s
mass subpoenas, and offered legal counsel and community support which
made individual acts of resistance possible. They also utilized their con
nections within the Republican party and the Kuomintang to lobby the
State Department. The CCBA, of course, also benefited from the
government’s use of the Confession Program to weaken further the
Chinese American left and strengthen its own political position in the
community in the process.
The resistance offered by Chinese was not without effect. Whereas
the Hong Kong investigations and grand jury proceedings granted no
reward for admitting fraud, the Confession Program afforded benefits to
both Chinese Americans and the state. The bargain at the core of confes
sion?legalized status for those already settled in America in exchange
for closing off future paper immigration? settled, for the most part, the
legacy of illegal immigration from the exclusion era.
That bargain was not without its price. Left-wing activists were the
most visible sacrifice, and thousands of families privately endured an
uncertain and anxious process. And, if confession follows sin, it also
implies redemption, but the community could not entirely redeem its
virtue. Cold War politics and the sensationalized investigations against
fraud reproduced racialized perceptions that Chinese immigrants were
unalterably foreign, illegal, and dangerous. Thus while confession legal
ized Chinese immigrants, it did not necessarily bring them social legiti
macy. Dai-Ming Lee called for the government to recognize the “human
aspect” of illegal immigration and suggested that public officials could
“foster respect for the law by careful observance of the spirit as well as
the letter of the law.” The “condemnation of an entire racial group,” he
said, was “repugnant to the spirit of American justice.”102
An official amnesty program might have resolved the problem be
cause amnesty is based on forgiveness, removes the stigma of wrongdo
ing, and suspends the letter of the law in the interest of justice. President
Roosevelt’s statement in 1943 that Chinese exclusion was a “historic
mistake” and an “injustice against the Chinese people”103 provided a
basis for amnesty. Although the Confession Program fell short of such a
resolution, it nevertheless stabilized the grounds upon which Chinese
Americans would continue to struggle for racial equality and the full
rights of citizenship.
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28 Journal of American Ethnic History / Fall 1998
NOTES
An earlier version of this essay was presented at the Association of Asian American
Studies meeting in Washington, D.C., in June 1996. I wish to thank the following
people for assistance with sources and for critical feedback to this and earlier
versions of this article: Elizabeth Blackmar, Alan Brinkley, Gordon H. Chang,
Barbara J. Fields, Eric Foner, Him Mark Lai, Yvonne Louie, Waverly Lowell,
Adam McKeown, Henry Yu, Betty Lee Sung, Eric Wakin, Kevin Scott Wong and
Michael Zakim.
1. On Chinese exclusion, see generally Mary Coolidge, Chinese Immigration
(New York, 1909) and Sucheng Chan, ed., Entry Denied: Exclusion and the Chi
nese Community in America, 1882-1943 (Philadelphia, 1991). For legal studies of
Chinese exclusion, see Lucy Salyer, Laws Harsh as Tigers: Chinese Immigrants
and the Making of Modern Immigration Law (Chapel Hill, N.C., 1995), Bill Ong
Hing, Making and Remaking Asian America through Immigration Policy: 1850 to
1990 (Stanford, Calif., 1990). On nineteenth-century anti-Chinese movement and
exclusion, see Alexander Saxton, The Indispensable Enemy (Berkeley, Calif., 1974);
Charles McClain, The Struggle for Equality: The Chinese Struggle Against Dis
crimination in Nineteenth-Century America (Berkeley, Calif., 1994). On socio-eco
nomic and cultural consequences of exclusion, see for example Paul Siu, The Chi
nese Laundryman: A Study in Social Isolation (New York, 1987), Maxine Hong
Kingston, China Men (New York, 1980), Ronald Takaki, Strangers from a Differ
ent Shore (Boston, 1979).
2. INS annual reports from 1957 to 1965 indicate 30,460 Chinese whose claims
to American citizenship were revealed as fraudulent, amounting to 25.8 percent of
the 117,629 Chinese counted in the 1950 U.S. Census.
3. Madeline Hsu, “Gold Mountain Dreams and Paper Son Schemes,” Chinese
America: History and Perspectives 1997 (San Francisco, 1997), pp. 46-60.
4. Chinese exclusion was first enacted in 1882 (22 Stat. 58) and extended in
definitely in 1904 (33 Stat. 428). Under Section 6 of the law, persons of the exempt
classes were admissible with certificates issued by the Chinese government attest
ing to their status. Congress repealed the exclusion laws in 1943 (57 Stat. 600).
5. A trend toward native birth citizenship claims was encouraged by two Su
preme Court rulings during the 1890s. Lern Moon Sing (158 U.S. 538 [1895])
limited judicial review in cases where prospective immigrants’ claims to exempt
status were rejected by the customs collector. In Wong Kim Ark (169 U.S. 649
[1898]) the Court upheld birthright citizenship for Chinese under the Fourteenth
Amendment. The Nationality Act of 1870 (16 Stat. 2254) granted “derivative citi
zenship” to children born abroad of American citizens. The Immigration Service
treated Chinese American derivative citizens entering the United States for the first
time as though they were immigrants, subjecting them to immigration inspection
and interrogation. Throughout the exclusion era Chinese could hold American citi
zenship only by native birth and derivation; the exclusion laws deemed Chinese to
be ineligible for naturalization. Ineligibility was extended to Japanese and Asian
Indians by two Supreme Court rulings, Ozawa (1922) and Thind (1923), and was
the foundation for Japanese exclusion in the Immigration Act of 1924. On the racial
prerequisites of naturalization, see Ian Haney-Lopez, White by Law: The Legal
Construction of Whiteness (New York, 1995).
6. Timothy Malloy, “A Century of Chinese Immigration,” INS Monthly Review,
December 1947, p. 73.
7. Salyer, Laws Harsh as Tigers, pp. 69-93.
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Ngai 29
8. File 9969-36, Segregated Chinese Files, Immigration and Naturalization Ser
vice (INS), Record Group 85, National Archives, Pacific Sierra Region. The same
scenario is enacted in hundreds of Chinese case files in the custody of the National
Archives. Although Yee Ying Toy’s confession revealed two generations of paper
sons, the record does not show whether or not Yee Ot Wah’s original entry was
based on a fraudulent claim. The man who testified as his brother might have been
a true brother or might have been an arranged witness secured by the Six Compa
nies.
9. The interrogations, concerned with minutiae like “in what direction does your
house face?” and “how many oxen does your village own?” had nothing to do with
the immigrants’ real lives but only with INS’s transcripts of past interviews, against
which each incoming immigrant’s answers were compared. Madeline Hsu, “Gold
Mountain Dreams,” p. 51.
10. U.S. Department of Labor, Annual Report of the Commissioner General of
Immigration to the Secretary of Labor, 1925, pp. 22-23. Chinese immigrants were
overwhelmingly male owing to the practice of sending men to labor for remittance
and the inadmissibility of Chinese alien wives of American citizens, hence the term
“paper sons.” There were some “paper daughters,” but they
were relatively few. See
Sucheng Chan, “Exclusion of Chinese Women,” in Entry Denied, ed. Sucheng
Chan, p. 130. Chinese women immigrants at the turn of the century mostly com
prised wives of merchants and prostitutes, the latter often brought in under the guise
of servants, daughters, or wives of merchants. See Judy Yung, Unbound Feet: A
Social History of Chinese Women in San Francisco (Berkeley, Calif., 1995).
11. Joseph Swing interview with Ed Edwin, 21 June 1964. Eisenhower Admin
istration Oral History Project, Columbia University, p. 54.
12. Mary Coolidge, Chinese Immigration, p. 324.
13. The concept of ineligibility to citizenship, based on a supposed
unassimilability, was the central theme of the California Joint Immigration Com
mittee (CJIC), the leading Asiatic exclusion lobby during the early twentieth cen
tury. In addition to calling American-born Chinese “pseudo-citizens” the CJIC
commonly referred to Chinese and Japanese as “in?ligibles,” as though ineligibil
ity?a legal status?were a natural state of being. See, for example, V.S. McClatchy,
“Addendum to Speaker’s Brief,” 10 October 1932. Statements 1932, CJIC, Bancroft
Library, University of California, Berkeley.
14. From Poem #22, translated from the Chinese, in Him Mark Lai, Genny Lim,
and Judy Yung, Island: Poetry and History of Chinese Immigrants on Angel Island,
1910-1940 (Seattle, 1980), p. 58.
15. U.S. Congress, House of Representatives, Hearings Before the President’s
Commission on Immigration and Naturalization, 30 September 1952 et seq. (Wash
ington, D.C., 1952), pp. 1042-3.
16. The global, race-based Chinese quota was thus qualitatively different from
all other immigration quotas, which were based on country of origin. To underscore
the point Congress granted
a separate annual quota of 100 for “non-Chinese per
sons” of China. By establishing a racial quota for Chinese, Congress sought to
prevent Chinese from emigrating from Hong Kong under the British quota and to
forestall unlimited emigration of Chinese from Latin American nations, which had
no quotas. See Fred Riggs, Pressures on Congress: A Study in the Repeal of Chi
nese Exclusion (New York, 1950), pp. 38-51; E.P. Hutchinson, Legislative History
of American Immigration Policy (Philadelphia, 1981), pp. 309-13.
17. After World War II, Congress established non-quota immigration for war
brides and Chinese alien wives of American citizens. A 1947 amendment to the
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30 Journal of American Ethnic History / Fall 1998
War Brides Act of 1945 specifically included Asians. The Refugee Relief Act of
1953 provided additional quota spaces for Chinese. Between 1944 and 1960,42,935
Chinese immigrants entered the United States. Of these, nearly two-thirds were
either wives (16,985) or refugees (10,376). Since refugees with relatives in America
were given preference, postwar immigration significantly contributed to family re
unification. On postwar non-quota immigration, see Roger Daniels and Harvey
Kitano, Asian Americans: Emerging Minorities (Englewood, N.J., 1988), p. 14. On
Refugee Relief Act, see I&N Reporter, vol. 3, no. 1 (July 1957): 23, 25.
18. Timothy Malloy, “A Century of Chinese Immigration,” p. 73.
19. U.S. Department of State, Passport Division, “Procedures for Documenta
tion of Persons of Chinese Origin Who Claim American Citizenship for the First
Time,” 4 August 1950, in U.S. Congress, House of Representatives, Hearings Be
fore the President’s Commission
on Immigration and Naturalization: 422-3.
20. A federal district judge found the use of blood tests by the INS to be
discriminatory because they were applied only to Chinese cases {Lee Kum Hoy et
al. v. Shaughnessey, 133 F. Supp. 850 [1955]), but the Supreme Court ruled their
use was legitimate as long as the INS agreed to apply blood tests to all citizenship
claimants without regular documentation such as birth certificates (Hoy v.
Shaughnessey, on certiorari [1957]). Some Chinese opposed the blood test as a
form of “self-incrimination,” since it could only disprove, and not prove, paternity.
See Chinese World (San Francisco), 8 November 1955.
21. Benjamin Gim interview with author, 19 February 1993.
22. Chinese World, 25, 27 April 1956; Office of Security, “Staff Study on Hong
Kong Police Liaison,” 21 May 1956. File l-C/4, Declassified Decimal Files, 1953
1960. Lot File 62-D-256. Records of the Bureau of Security and Consular Affairs,
General Records of the Department of State, Record Group 59, National Archives
(hereafter cited as
”
l-C/4, SCA.” Unless otherwise stated, State Department corre
spondence and Foreign Service Despatches cited are from this Lot file).
23. Chinese World, 26 April 1956.
24. Section 503 of the Nationality Act of 1940 (54 Stat. 1148) provided the
right of judicial review in contested citizenship claims. That right was repealed by
the Immigration Act of 1952, but a grace period was established which allowed
claimants until 31 December 1955 to file suits. Everett F. Drumright, Consul Gen
eral, “Report on the Problem of Passport Fraud at Hong Kong,” Foreign Service
Despatch 931, 9 December 1955, pp. 19-29. File 122.4732/12-955, Central Files,
General Records of the Department of State, RG 59, National Archives, 46. See
also San Francisco Examiner, 1 March 1956.
25. Jack Minor, Office of Security, Investigations, to Dennis Flynn, Dir., Office
of Security, 13 July 1955, l-C/4, SCA.
26. Jack Minor and Halleck Rose, Bureau of Security and Consular Affairs,
“Report on Survey of Investigative Section and Refugee Relief Program at the
Consulate General in Hong Kong,” 14 July 1955; Jack Minor and Halleck Rose to
Scott McLeod, 14 July 1955. l-C/4, SCA.
27. Basil Capella, Bureau of Far Eastern Affairs, to Everett Drumright, 15 No
vember 1955; Scott McLeod, SCA to Walter Spencer Robertson, Bureau of Far
Eastern Affairs, 8 September 1955; Loy Henderson, Department of State, to Harley
Kilgore, Senate Sub-Committee on Appropriations for the Departments of State and
Justice, 23 February 1956, all l-C/4, SCA. The plan called for increasing the
number of American investigators from seven to thirty; the remaining positions
were to be filled by local Chinese investigators who would work under the Ameri
cans’ direction. See also Chinese World, 24 March 1956.
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Ngai 31
28. E. J. Kahn, The China Hands: America’s Foreign Service Officers and What
Befell Them, 2nd ed. (New York, 1975), pp. 1, 9, 37. See also Earl Newsom,
Drumright! The Glory Days of a Boom Town (Perkins, Okla., 1985).
29. John Lewis Gaddis, Strategies of Containment (New York, 1982), pp. 115
116, 169-171; Gordon H. Chang, Friends and Enemies, the U.S., China, and the
Soviet Union, 1948-1972 (Stanford, Calif., 1991), pp. 165-169.
30. The Kuomintang’s policy was consistent with the racialized Chinese immi
gration laws of the U.S., which also defined Chinese on a global, racial basis. The
racial basis of Chinese exclusion and post-exclusion immigration quotas reinforced
the Chinese concept hua qiao (overseas Chinese).
31. Stephen Fitzgerald, China and the Overseas Chinese (Cambridge, 1972),
pp. 5-11, 79,104-107; Chinese World, 18 August 1955,2 May 1957.
32. Drumright, “Report on the Problem of Passport Fraud at Hong Kong,” pp.
1-3, 79-80.
33. Maurice Rice, Consul, “Recent Communist Chinese Policy toward Ameri
can-Chinese,” Foreign Service Despatch 1485, 5 June 1956, 2. l-C/4, SCA. Rice
stated that communist propaganda aimed at youth was so successful that “occa
sional American-Chinese visiting Hong Kong have informed the Consulate General
that they do not wish to apply for their sons or grandsons to go to the U. S. since the
Communists have ‘ruined their minds.'”
34. Ibid., p. 34.
35. Fitzgerald, China and the Overseas Chinese, pp. 100-107. Fitzgerald cites
Liao Ch’eng-chih, a high-ranking official in the official Overseas Chinese Affair
Commission, as having instructed, “Overseas Chinese shall not make revolution.
They will not succeed even if they make revolution.” Fitzgerald also contends that
overseas Chinese since 1949 have been predominantly “non-compliant” to Beijing
political direction, notwithstanding the real and alleged participation of ethnic Chi
nese in indigenous revolutionary movements.
36. Drumright, “Report on the Problem of Passport Fraud,” pp. 49-52,25-26.
37. Everett F. Drumright, “Proposals to Better Cope with the Problem of Fraud
at Hong Kong,” Foreign Service Despatch 942, 13 December 1955. Also Drumright
to Capella, 18 October 1955. l-C/4, SCA.
38. Report by committee representing Far Eastern Affairs, Office of Passport,
Visa Office, Office of Security, and Office of Special Consular Services, Jack
Minor, Chair, 4 January 1956, 4. l-C/4, SCA (hereafter cited as “Minor report.”).
39. The Passport and Visa Offices were especially frustrated by Drumright’s
“suspend and defer” practice and demanded that it be stopped. Frances Knight,
Passport Office, to Haywood P. Martin, Executive Director, SCA, 5 December
1955, and Rolland Welch, Visa Office, to Martin, 15 December 1955. l-C/4, SCA.
40. Drumright to Capella, 18 October 1955; Minor report, 6. See also Drumright,
“Proposals to Better Cope with the Problem of Fraud at Hong Kong.”
41. Drumright, “Proposals to Better Cope with the Problem of Fraud at Hong
Kong.”
42. Drumright to Scott McLeod, 4 May 1956. l-C/4, SCA. On fraudulent con
fessions, see Drumright, “Report
on Problem of Passport Fraud at Hong Kong,” p.
37.
43. Drumright to McLeod, 21 June and 25 July 1956. l-C/4, SCA.
44. See note 16.
45. The Far Eastern Bureau believed Security and Consular Affairs was unfair
to the Consul General and held reservations about the Minor committee’s treatment
of the Drumright report. The department treated Drumright carefully, going so far
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32 Journal of American Ethnic History / Fall 1998
as to send Scott McLeod, the administrator of SCA, to Hong Kong in January 1956
to personally explain the department’s policies to him. H.P. Martin, Executive Dir.,
SCA to Scott McLeod, 25 January 1956. On Drumright’s temperament, see Jack
Minor and Halleck Rose to Scott McLeod, 14 July 1955.
At the same time the Department proceeded to implement its policies in Hong
Kong. The Office of Security took administrative control of the consulate’s investi
gative unit and continued to dispatch investigative teams to the post. Dennis Flinn,
Director, Office of Security to Aaron Coleman, Chief, Investigative Section, Ameri
can Consulate General, Hong Kong, 9 December 1955. l-C/4, SCA.
46. Scott McLeod to Drumright, 14 September 1956. The department autho
rized Drumright’s request to fingerprint visa and passport applicants but insisted
that provisions for fingerprinting be applied globally to pre-empt charges of racial
discrimination. Minor report, 8. On Chinese quota, see note 16.
47. U.S. President’s Commission on Immigration and Naturalization, “Whom
Shall We Welcome,” Report (Washington, D.C., 1952); Stephen Wagner, “The
Lingering Death of the National Origins Quota System: A Political History of U.S.
Immigration Policy, 1952-1965″ (Ph.D. diss., Harvard University, 1986). See also
on foreign policy considerations in immigration policy, Robert Divine, American
Immigration Policy, 1924-1952 (New Haven, 1957), p. 189; John Higham, “The
Politics of Immigration Restriction,” Send These to Me (Baltimore, Md., 1984,
1975), p. 63.
Reformers opposed the quota system principally because it discriminated against
eastern and southern Europeans, although the Chinese
race quota embarrassed many
liberals. Walter believed reforming the quotas would lead to “an influx of Orien
tals” into the United States. Wagner, “Lingering Death”; David Reimers, Still the
Golden Door: The Third World Comes to America (New York, 1981); Meg
Greenfield, “The Melting Pot of Francis E. Walter,” The Reporter (New York), 26
October 1961.
48. Robert Cartwright, Acting Admin., SCA, to Walter Yeagley, Chairman,
Interdepartmental Committee on Internal Security, 18 September 1956. l-C/4, SCA;
Kahn, The China Hands, p. 277.
49. Chinese World, 3 March 1956.
50. Office of Security, “Federal Court Actions in Chinese Passport Cases,” n.d.
1-C/3.1,SCA.
51. Dennis Flinn, Security, to Scott McLeod, “Chinese Fraud Cases, San Fran
cisco,” 1 March 1956. l-C/3.1, SCA; INS SF District Director Bruce Barber to
Commissioner, Central Office, 5 March 1956. 56364/51.6, Records of the U.S.
Immigration and Naturalization Service (INS), Washington, D.C.
52. Newspaper clipping, 2 March 1956, unidentified source, in 56341/51.6,
Records of the
INS, Washington, D.C.
53. Chinese World, 3 March 1956.
54. Lim P. Lee memoirs, cited by Serena Chen, “A Look Back at the Chinese
Confession Program,” East West News (San Francisco), 23 April 1987.
55. Maurice Chuck interview with author, 24 January 1993; see also Franklin
Woo interview in Victor Nee and Brett deBary Nee, Longtime Californ’ (New
York, 1972), p. 216; Him Mark Lai et al., The Chinese in America, 1785-1980: An
Illustrated History (San Francisco, 1980), p. 73.
56. Mae M. Ngai, “The Politics of Immigration: The Cold War, McCarthyism,
and the Chinese in America,” (M.A. thesis, Columbia University, 1993). See also
Peter Kwong, Chinatown, New York: Labor and Politics 1930-1950 (New York,
1979); Renqui Yu, To Save China, To Save Ourselves (Philadelphia, 1990); Him
Mark Lai, “To Bring Forth a New China, To Build a Better America: The Chinese
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Ngai 33
Marxist Left in America,” Chinese America: History and Perspectives 1992, pp. 3
82. On relations between the CCBA and Kuomintang in the U. S., see Victor Nee
and Brett deBary Nee, Longtime Californ
‘
and “The Kuomintang in Chinatown” in
Counterpoint, ed. Emma Gee (Los Angeles, 1976); Him Mark Lai, “The Kuomintang
in Chinese American Communities Before World War II,” in Entry Denied, ed.
Chan.
57. On Six Companies and CCBA historical role in Chinese communities, see
Him Mark Lai, “The CCBA/Huiguan System,” Chinese America, History and Per
spectives 1987 (San Francisco, 1987), pp. 13-51; Lucy Salyer, Laws Harsh as
Tigers’, Charles McClain, In Search of Equality. U.S. v. Wong Kim Ark, 169 U. S.
649(1898).
58. On the experience of Chinese Americans in the post-World War II period,
see Roger Daniels, Asian America: The Chinese and the Japanese in the U.S. since
1850 (Seattle, 1988); S.W. Kung, Chinese in American Life (Seattle, 1962); and
especially Rose Hum Lee, The Chinese in the United States of America (Hong
Kong, 1960), the most comprehensive contemporary study of the post-war period.
Lee believed the growth of the American-born Chinese population would lead to
the decline of the CCBA.
59. Chinese World, 16 March 1956.
60. Leftists who were called before the grand jury were by this time too isolated
to resist on their own. On March 6 Happy Lim, the secretary of the Chinese Mutual
Aid Workers Association, responded to an order to appear and testified before the
grand jury. Lim told the grand jury that the association had been a clearinghouse for
Chinese salmon cannery workers in Alaska during the 1940s but that the organiza
tion was now defunct. San Francisco News, 1 March 1956.
61. Chinese Journal (New York), 7, 8 March 1956; English translation in J.
Edgar Hoover, FBI, to Dennis Flinn, Office of Security, State Department, “Move
ment of Communist Chinese, Internal Security-CH,” 22 May 1956. l-C/3.1, SCA.
62. Shing Tai Liang interview with author, 14 January 1993; Memorandum of
Conversation, Wellington Koo, Chinese Ambassador, Mr. Sebald, Far Eastern Af
fairs, Mr. McConoughy, Chinese Affairs, “U.S. Grand Jury Investigations of Chi
nese Passport Fraud Cases,” 13 March 1956. l-C/4, SCA; State Department to
Chinese Embassy, Aide-Memoire, 27 March 1956. l-C/3.1, SCA.
62. Chinese World, 1 March 1956.
63. Ibid.
64. Li Ta-ming, “A Critique of the Report of the Consul General in Hong
Kong,” World Journal (n.d.). The author thanks Adam McKeown for this reference.
65. Chinese World, 18, 20,21 April 1956. Dai Ming Lee was a Constitutionalist
who represented a political position both anti-Communist and anti-KMT.
66. Hong Kong Tiger Standard, 3 March 1956; China Mail, 27 March 1956;
South China Morning Post, 29 March 1956, all cited in “Hong Kong Press and
Governmental Reaction to Consular Fraud Problems at Hong Kong,” Foreign Ser
vice Despatch 1330, 14 April 1956. l-C/4, SCA.
67. Oliver J. Carter, U.S. District Judge, “In the Matter of the Application of the
Presidents, Secretaries, Treasurers, and Custodians of Records of Certain Chinese
Family Benevolent and District Associations to quash Grand Jury subpoenas duces
tecum.” Misc. No. 8016, Memorandum and Order, U.S. District Court for the
Northern District of California, Southern Division, 20 March 1956; Chinese World,
27 March 1956.
68. Dennis Flinn, Security, to Scott McLeod, SCA and Edward Crouch, Budget,
“San Francisco Passport and Immigration Frauds, Grand Jury Investigation” (staff
paper), 25 April 1956. l-C/3.1, SCA. In San Francisco the State Department and
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34 Journal of American Ethnic History / Fall 1998
INS fought over jurisdiction and control of the investigation. Flinn believed the
INS’s participation in passport investigations was part of INS Commissioner Swing’s
plan to get “his own Foreign Service.”
69. Chinese World, 14 June 1956.
70. William Bartley, Regional Intelligence Office, Southeast Region to Edwin
Howard, Asst. Commissioner, Field Inspection and Security Division, Central Of
fice, 24 October 1956. SE 80/62.1, Records of the INS, Washington, D.C. Scott
McLeod, SCA to Herbert Brownell, Attorney General, 12 April 1956. l-C/3.1,
SCA.
71. James Cavanaugh, Special Agent in Charge, “SF Chinese Passport and Im
migration Frauds, Grand Jury Investigation, Summary Report,” 12 June 1956. 1-C/
3.1, SCA; George Spoth, Reporting Agent, “NY Chinese Passport and Immigration
Frauds, Grand Jury Inv., Composite Report,” 28 March 1956. l-C/3.1, SCA.
72. Aaron Coleman, Chief, Investigative Section, American Consulate General,
Hong Kong, to Dennis Flinn, Director, Office of Security, 15 May 1956; Coleman,
“Report on Civil Action Cases to be Investigated in Hong Kong,” Foreign Service
Despatch 102, 7 August 1956. l-C/4, SCA.
73. Cavanaugh, “SF Chinese Passport and Immigration Frauds,” 12 June 1956.
74. Scott McLeod to Lou Henderson, “Summary of Accomplishments in Pass
port Investigation Field from May 1,1995 to July 31,1956″; 14 September 1956 1
C/4, SCA.
75. Chinese World, 1, 4 May 1956; New York Times, 4 May 1956, 20 February
1957.
76. Benjamin Gim interview.
77. National Conference of Chinese Communities in America, March 5-7, 1957,
report and proceedings, pp. 16,29-36,42-A3 (in possession of author).
78. “Statement of National Conference of Chinese Communities in America,” 7
March 1957, Washington, D.C, National Conference of Chinese Communities in
America,pp. 14-15.
79. The convenors clarified to the press that the conference proceedings would
have “no international significance” and the Nationalist embassy in Washington
announced it would play no role. Chinese World, 1 March 1957; Chinese World, 9
February and 20 March 1957.
80. Shing Tai Liang interview.
81. Annual Report of the Attorney General of the U.S., 1957 (U.S. Department
of Justice), p. 442. See also “Chinese Confession Program Highlights Year-end
Report,” INS Information Bulletin, 8 January 1960, p. 2.
82. Ralph Stanley, Oriental Fraud Unit, to Ralph Harris, Assistant District Di
rector for Investigations, San Francisco, 19 December 1956, 56364/51.6, Records
of the INS, Washington, D.C.
83. Ibid.; INS Southwest Region Investigations Monthly Activity Report, 15
November 1956, 56364/51.6, Records of the INS, Washington, D.C.
84. Raymond F. Farrell, Asst. Commissioner, Investigations Division,
Central
Office, to Regional Commissioners, 6 February 1957, 56364/51.6, Records of the
INS, Washington, D.C.
85. Joseph Swing interview, p. 54; Benjamin Gim to author, 4 March 1993. The
September 1957 act, Public Law 85-316, 71 Statute-at-Large 639, has been mistak
enly construed
as the legal statute governing the Confession Program. However,
the
INS would not apply the 1957 law to paper sons; according to the Service, Con
gress intended that law to assist Mexican immigrant families who would suffer
hardship if an illegal family member were deported. The Service reasoned that
Chinese paper sons were ineligible for relief under the 1957 amendment because
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Ngai 35
they had entered as citizens and not as aliens, and had therefore not gone through
immigrant inspection, a specious argument since the INS had ruled on the admissi
bility of derivative citizens since the 1890s (see note 5). In 1972 the Ninth Circuit
of U.S. District Court overturned that policy and ruled that confessed paper sons
were eligible for relief under the 1957 act. By that time, however, the Confession
Program no longer existed. See Lee Fook Chuey v. INS, 439 F. 2nd 244.
86. The INS never publicly announced an official termination of the Confession
Program, but unpublished INS documents report the end of the program variously
as December 1965 and February 1966. “A History of Chinese Immigration,” 31
December 1972, p. 14; “Chinese Confession Program nd, p. 3. Records of the INS,
Washington, D.C. However, the INS took confessions as late as the early 1970s.
87. Ibid.
88. Ibid.; Benjamin Gim interview.
89. Benjamin Gim interview; Maurice Chuck interview.
90. Stanley to Harris, 19 December 1956.
91. Ibid.
92. Benjamin Gim interview.
93. Matter ofC_, in Deportation Proceedings, 1 INS Decision 608 (1957).
94. Elmer Freed, “Immigration and Nationality Law,” New York University Law
Review vol. 35 (January 1960): 191; Interview with Francis Leo, Chinese inter
preter for the INS in San Francisco, by Serena Chen, in “A Look Back at the
Chinese Confession Program,” East West, 23 April 1987; Stanley to Harris, 19
December 1955.
95. Benjamin Gim interview. J. Edgar Hoover also took a direct interest in the
Confession Program. Raymond Farrell, Asst. Commissioner, Investigations Divi
sion, Central Office, to Regional Commissioner, Southeast Region, 22 March 1956,
56364/51.6 Inv., Records of the INS, Washington, D.C.
96. INS Annual Report, 1965, p. 11 ; INS Annual Report, 1966, p. 16.
97. Him Mark Lai, “To Bring Forth a New China,” pp. 51-52.
98. INS Order to Show Cause, Lim Gim Foo/Hom Ah Wing; Memo, Emil
Pullin, INS San Francisco to INS District Director, New York, 19 March 1962; INS
Record of Sworn Statement by Tom Na Hong, 3 April 1962, New York; letter,
Lloyd McMurray to George Daily, 5 December 1961; letter, Emil Pullin to
McMurray, 13 December 1961; all in Lim Gim Foo aka Horn Ah Wing INS file
#HO 100-372911; letter Curtis Lyman to Emil Pullin, INS, in Horn Ah Wing FBI
file #A11-407-961. INS and FBI files FOIA requests, Gordon Chang.
99. Maurice Chuck interview.
100. Maurice Chuck interview; U.S. v. Chung Man Hwong, Case 16869, U.S.
District Court, Western District of Washington, Southern Division, Tacoma.
101. U.S. v. Dear Wing Jung, a.k.a. Dear Kai Gay, No. 37681, Reporter’s
Transcript Proceedings on Trial, 16 October 1961 et seq.:92-96, 137, 143, 188
192, 212; Order of Proof, 19 October 1961; Proceedings on Sentence, Reporter’s
Transcript, 15 December 1961:7-8; Dear Wing Jung v. U.S., No. 17,785, Appeal
from the U.S. District Court for the Northern District of Cal., Southern Div.
102. Dai-Ming Lee, “The Sins of Fathers and Grandfathers,” Chinese World, 18
April 1956.
103. “Message from the President of the United States Favoring the Repeal of
the Chinese Exclusion Laws,” 11 October 1943, reprinted in Fred Riggs, Pressures
on Congress, p. 210.
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- Article Contents
- Issue Table of Contents
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Journal of American Ethnic History, Vol. 18, No. 1 (Fall, 1998), pp. 3-163
Front Matter
Legacies of Exclusion: Illegal Chinese Immigration during the Cold War Years [pp. 3-35]
Building the Ideal Immigrant: Reconciling Lithuanianism and 100 Percent Americanism to Create a Respectable Nationalist Movement, 1870-1922 [pp. 36-76]
Teaching and Outreach
The Pedagogy of Public History [pp. 77-92]
Review Essay
Review: Heartland Pluralism: Middle Western Ethnicities and Mentalities [pp. 93-102]
Review: Slaves, Workers, and Race Rebels [pp. 103-108]
Review: An Intellectual Odyssey: Chicana/Chicano Studies Moving into the Twenty-First Century [pp. 109-114]
Reviews
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Notes on Contributors [pp. 159-163]
Back Matter