Deportation of Aliens (Chapter V):

The best review of the procedure is by Assistant Secretary of Labor Louis F. Post, “Administrative Decisions in Connection with Immigration,” 10 Am. Pol. Sci. Rev. 251 (1916). Recent legal articles: Howard L. Bevis, “The Deportation of Aliens,” 62 U. of Pa. L. Rev. 97 (1920); “Deportation of Seditious Aliens,” 23 Law Notes (N. Y.) 64 (1919); “Deportation of Aliens who Advocate the Overthrow of Government by Force,” 89 Cent. L. J. 369 (1919). John Lord O’Brian, “The Menace of Administrative Law,” address to Maryland Bar Association; June, 1920.

Original sources: The administrative hearings are largely buried in the files of the immigration officials. A few cases are extracted in Charles Recht, “American Deportation and Exclusion Laws,” League for Democratic Control, Boston, 1919, and “The Anarchist Deportations,” 21 New Republic, 96 (December 24, 1919). The whole procedure in the Communist raids is exhaustively shown by the record in Katzeff v. Skeffington (Colyer case) in the United States District Court in Boston. The Federal Reporter contains several recent decisions on the deportation of radicals. The decision of Secretary of Labor Wilson on the Communist Party is in House Judiciary Hearings (p. 17), which also gives the platform, manifesto, etc., of this and the Communist Labor Party. Much of the same material with a history of the creation of the two parties is also accessible in American Labor Year-Book, 1919–20. Part of the decision of Assistant Secretary Post on the raid cases is in “On Behalf of Louis F. Post,” 22 New Republic 264 (April 28, 1920). The most valuable document in the raids is Judge Anderson’s decision in the Colyer case, in the Federal Reporter, 265 Fed. 17.

The history of left-wing Socialism is also narrated by an impartial observer, Gordon S. Watkins, “The Present Status of Socialism in the United States,” 124 Atlantic 821 (December, 1919); and in H. W. Laidler, “Socialism in Thought and Action.”

Congressional reports of especial value, 66th Congress, 2d Session, 1920: (1) Three pamphlets of Hearings before a Subcommittee of the House Committee on Immigration and Naturalization, “Communist and Anarchist Deportation Cases” “I.W.W. Deportation Cases,” “Communist Labor Party Deportation Cases,” all cited herein as House Immigration Hearings. These contain many administrative decisions, but not the complete records. (2) “Investigation of Administration of Louis F. Post, Assistant Secretary of Labor, in the Matter of Deportation of Aliens, Hearings before the Committee on Rules, etc., on H. Res. 522,” 2 parts; cited herein as Post Deportations Testimony. (3) “Attorney General A. Mitchell Palmer on charges made against the Department of Justice by Louis F. Post and others, Hearings before the Committee on Rules, etc.,” Part I; cited herein as Palmer Deportations Testimony.

Much important testimony from the Colyer case, including the official instructions, is in the pamphlet, “To the American People. Report upon the Illegal Practices of the United States Department of Justice,” by 12 lawyers, National Popular Government League, Washington, May, 1920; cited herein as Illegal Practices.

Popular articles on the “Buford” and the January raids are: “The Deportation,” 1 Review 695 (December 27, 1919); “The Raid on the Reds,” 2 Review 22 (January 10, 1920); “Deporting a Political Party,” 21 New Republic 186 (January 14, 1920). Ernst Freund, “Burning Heretics,” 21 ibid. 266 (January 28, 1920); “A Federal Judge Speaks Up” (Bourquin, J., in Re Jackson), 22 ibid. 135 (March 31); “Deportations and the Law,” 110 Nation 131 (January 31); F. R. Barkley, “Jailing Radicals in Detroit,” 110 ibid. 136; F. C. Howe, “Lynch Law and the Immigrant Alien,” 110 ibid. 194 (February 14); “Another Man Without a Country,” 110 ibid. 289 (March 6); Lincoln Colcord, “Martens and Our Foreign Policy” (correspondence of Secretary Wilson and John E. Milholland), 110 ibid. 324 (March 13); Winthrop D. Lane, “The Buford Widows,” 43 Survey 391 (January 10); “Aliens and Sedition in the New Year,” 43 ibid. 422 (January 13); Sidney Howard, “The Colyer Trial Opens,” 44 Survey 105 (April 17). See, also, some of the articles on the red hysteria, etc.

Accounts of the New England raids from the point of view of the aliens are, “The Soviet of Deer Island, Boston Harbor, January-February, 1920, by One of the Members,” Boston Branch of Am. Civil Liberties Union; “Deported via Deer Island,” MSS. report prepared for the Bureau.

Searches and Seizures (Chapters V and VI):

“The Case of the Rand School,” published by the School, N. Y., 1919; “The Truth about the Lusk Committee,” Nation Press, N. Y., 1920; “Whose Home Will Be Safe?”, 19 New Republic 303 (July 9, 1919); Anna L. Strong, “A Newspaper Confiscated—and Returned,” 109 Nation 738 (December 13, 1919).