On February 18, 1923, Etka (nee Paznokiec) Tachna and her daughter Bejla arrived at Ellis Island, New York from their native Poland to fulfill their wishes of immigrating to the United States and becoming United States citizens. However, the United States, facing a rising tide of national isolationism and phobia against immigrants from Eastern Europe, installed heavy quotas barring immigrants. Etka (nee Paznokiec) Tachna and her daughter Bejla were trapped by these quotas and slated for deportation from the United States back to their native Poland. Etka's son Max Tachna, who arrived in the United States in 1912 and became a United States citizen in 1919, sued for their admittance.

In 1997, a request was filed under the Freedom Of Information Act for records held by the Immigration and Naturalization Service. The following volume of documents were returned. They chronicle the legal petition and struggle to allow Etka (nee Paznokiec) Tachna and her daughter Bejla into the United States overriding the exclusion of the isolationist quota system.

Frank J. Schmitz

Alderman 60th District

406 11th St. College Point. Long Island

February 21, 1923

  Mr. John J. Kindred,

My dear Congressman

I am interested in Mr. Max Tachna of College Point, whose mother and sister arrived on February 18, 1923 on the Lapland from Poland and I understand the quota was reached only two days ago. 

This is a very worthy case and the people are in a position to put up any laid of land, so they will not become a public charge, and I would appreciate it very much if you would make a strong effort to have them released.

Their names are Mrs. Etka Tachna

                                 Bejla Tachna

Your prompt attention will be appreciated by me.

Truly yours,

Frank J. Schmitz

John J. Kindred

Member of Congress

Astoria, Queensborough

N.Y. City

2d District New York

Hon. W.W. Husband, Commissioner,

Bureau of Immigration,

Dept. of Labor-

Washington D.C.

My Dear Commissioner:

     Enclosed herewith I am handing you letter from Hon. Frank J. Schmitz, one of the representative citizens of my District, as well as a personal friend:

     You will note his interest in the above people, the mother an sister of Mr. Max Tachna, who arrived on the Lapland from Poland on February 18th, 1923, and are now detained on account of excess quota:

     You will observe Mr. Schmitz' statement that Mr. Max Tachna is willing to put up any bond against his mother and sister becoming a public charge.

     As these people are among the best in my District, this is to respectfully place the facts of this case before you and to urge that they be admitted.

     Kindly accept Hon. Frank Schmitz' letter as an addition to the appeal prepare which are either before you now or will soon be forwarded from Ellis Island.

     Thanking you for your favorable consideration of this worthy case and awaiting your kind advices in the premises, I am

                    Yours very truly,

                    John J. Kindred, M.C.

N.Y. Form 228

Alien's Appeal from Decision of Board of Special Inquiry

U.S. Department Of Labor

Immigration Service

 

U.S. Department of Labor

Immigration Service

No. 98864/676

Commissioner General of Immigration,

Washington, D.C.

February 23, 1923

  In re:  Tachna, Etka 57, Bejla, 25

     Natives of POLAND; woman unable to read; daughter reads; housekeeper; domestic; never in US; going to children in College Point, N.Y.; ex S.S. Lapland, February 6, 1923, S I 5.

     EXCLUDED:  EXCESS QUOTA

     No attorney          Congressman John J. Kindred interested

     They have never resided here' expected to go to two children of the older woman;  her son testified he is a citizen, tailor, $2000 invested in business from which he derives $60 per week and has $1000 in the bank.  He has a sister, Rosa, who is single, has resided here two and a half years and earns $25 per week.  The aliens belong to no exempt class under the Quota Law.

     EXPEDITE DECISION;  next sailing March 10.

     AFFIRM EXCLUDING DECISION

EMP

ENCL:  46644

Assistant Commissioner

------------------------------------------------------------------

February 27, 1923.

     Considered and recommended that the excluding decision be affirmed.

                                                                                                                        Chairman, Secy. & Comr.

                                                                                                                        Genl's Board of Review.

 

 

 

Rose Carl White,

Second Assistant Secretary.

No. 55340/499

March 1, 1923

Commissioner of Immigration,

Ellis Island, N.Y. H.

    The Bureau acknowledges the receipt of your letter No. 98854/676m if February 23, 1923, in the case of Etka Tachna, and Bejla Tachna.    After carefully considering the evidence presented in the record, the Second Assistant Secretary has affirmed the excluding decision of the Board of Special Inquiry and directed deportation.  

February 23, 1923

The Honorable,

The Secretary of Labor,

Washington, D.C.

  Sir:-

     Please note my appearance in the case of the person mentioned below, which is to come before your Department on an appeal from the excluding decision of the Board of Special Inquiry, viz:

Name:  Etka Tachna

Port:  Ellis Island

S.S. Lapland  2/19/1923

  Upon reciept of the record kindly advise the undersigned attorney.

Respectfully,

Louis S. Gottleib

John J. Kindred

Member of Congress

Astoria, Queensborough

N.Y. City

2d District New York

Hon. W.W. Husband, Cimmissioner,

Bureau of Immigration,

Dept. of Labor-

Washington D.C.

Dear Commissioner:

     Will you kindly furnish my office with the decision of the Board in the case of the above aliens who arrived on the Lapland from Poland February 18th, 1923, and concerning whose case I addressed your office a letter under date of Bebruary 22nd, 1923.

               Thanking you for coutesy extended, I am

                    Yours very truly,

                    John J. Kindred, M.C.

55340/499

March 14, 1923

Mr. Louis S. Gottlieb

945 Pennsylvania Avenue, N. W.,

Washington D.C.

Dear Sir:

     Please be advised that the Department has affirmed the exclusion of Etka Tachna and daughter, Bejla.

                    For the Cimmissioner-General

          Special Immigrant Inspector.

55340/499.

March 14, 1923

Hon. John J. Kindred, M. C.,

House of Representatives,

Washington D.C.

My Dear Mr. Kindred:

     In reply to your letter of March 8, 1923, permit me to advise you that the Department has affirmed the exclusion of Etka and Bejla Tachna.  These aliens were denied admission at Ellis Island upon the ground that they arrived in excess of the quota.  Although destined to a relative, they had never resided in the United States and were in no way exempt from the operation of the Quota Law.

     In your letter of February 22, you submitted for consideration with the appeal of these aliens the information that their relative, Mr. Max Tachna, was willing and able to provide a bond in the event that their admission could be authorized under that condition.  Since there is no provision in th eLaw for the bonded admission of "excess quota" aliens, this information did not influence the outcome of the case.  The question of their becoming public charges was not raised.

     I should like to point out that these applicants will be at liverty to reapply for admission after July 1, 1923, when the new quota will be available.

                    W.W. Husband

          Commissioner-General.

 

Names of Aliens:

Tachna, Etka 57f

Tachna, Bejla 25f

 

Before a Board of Special Inquiry held at Ellis Island, New York Harbor, N.Y.

March 24, 1923

Present Messrs. O' Connor (chm.), Scarlett and Daileader.

Ex Quota Insp. Murphy

SI5

See reopening letter date4d March 24, 1923 under file #98870-28

Aliens recalled:

Going to son Max Tachna, 501 Second Ave.; College Point, N.Y.

Q:  How much money have you got?

A:  $75

 

By Mr. Scarlett:  I move to admit

By Mr. Daileader:  Seconded

By Chairman:  Unanimous

 

Etka Cohen

Secretary

No. 98864/676

Office of Commissioner of Immigration

Ellis Island, New York Harbor

Commissioner General of Immigration,

Washington D.C.

 

In re:

55340/499.  Etka Tachna and Bejla Tachna

Appeal dismissed March 1.

Admitted under Department order of March 24.

Assistant Commissioner

Hon. John J. Kindred, M.C..

House of Representatives,

Washington, D.C.

  My Dear Mr. Kindred:

     Referring further to your interest in the case of Etka and Bejla Tachna, it gives me pleasure to inform you that upon re-hearing before the Board of Special Inquiry at Ellis Island these aliens were unconditionally admitted.

Very truly yours,

Robe Carl White

Second Assistant Secretary

Mr. Louis S. Gottleib

945 Pennsylvania Avenue,

Washington, D.C.

Sir:

     Referring further to the case of Etka and Bejla Tachna, you are informed that upon re-hearing before the Board of Special Inquiry at Ellis Island these aliens were unconditionally admitted.

Respectfully,

W.W. Sibray

Assistant Commissioner-General.

Form 537.

Report of Execution of Department Decision

U.S. Department of Labor

Immigration Service

Port of New York

April 23, 1923

Commissioner General of Immigration,

Washington, D.C.

Sir:-

     In accordance with Department decision No. *553401499 of March 1, 1923, the alien Tachna, Etka and daughter Bejla were duly admitted by a board of Inquiry March 24, 1923.

Respectfully,

Harry R. Landis

Assistant Commisioner

  Remarks:  Admitted under Blanket Order.

James I. Parker

Attorney and Counsellor at Law

International Building

1319 F Street N.W.

Washington D.C.

May 26, 1923.

The Commissioner General of Immigration,

Washington, D.C.

Sir:-

     Please enter my appearance on behalf of the Ineternational Mercantile Marine Company in the case of Etka and Bejla Tachna, No. 55340/499, and advise me of whatever action is taken in that case.

     When there arrives from Ellis Island its recommendation as to what disposition should be made of the deposit made by the Line covering fine and passage money.  I would like to ask that I be advised and given an opportunity to submit whatever I may have to offer on behalf of the Line before the Bureau or Department acts on the Ellis Island recommendation.

     Thanking you in advance for your compliance with this request I am,

Very respectfully,

James I. Parker

Ellis Island, N.Y.H.

    The Bureau's attention has been called to the fact that a notice of intention to fine has been served against the S.S. Lapland, arriving at New York on February 6, 1923, for bringing to the United States the aliens Etka and Bejla Tachna, in ecess of quota.

     The case bears your file no. 98864/676, and the record shows that, on rehearing, the aliens were admitted unconditionally.

     It is felt that no penalty should be imposed in these instances and you are directed to take appropriate action whereby the entire amount now on deposit on account of said aliens may be returned to the depositor.

For the Commissioner-General:

O.W. Munster

Special Immigrant Inspector.

 

Approved:-

Robe Carl White

Second Assistant Secretary.

Ellis Island, N.Y.H.

    The Bureau's attention has been called to the fact that a notice of intention to fine has been served against the S.S. Lapland, arriving at New York on February 6, 1923, for bringing to the United States the aliens Etka and Bejla Tachna, in ecess of quota.

     The case bears your file no. 98864/676, and the record shows that, on rehearing, the aliens were admitted unconditionally.

     It is felt that no penalty should be imposed in these instances and you are directed to take appropriate action whereby the entire amount now on deposit on account of said aliens may be returned to the depositor.

For the Commissioner-General:

O.W. Munster

Special Immigrant Inspector.

 

Approved:-

Robe Carl White

Second Assistant Secretary.

N.Y. Form 192

U.S. Department of Labor

Immigration Service

Names of Aliens:

Tachna, Etka, 57f, widow

Tachna, Bejla, 25f, daughter.

Pol. Heb.

Before a

Board of Special Inquiry

held at

Ellis Island, New York Harbor, N.Y.

February 19th, 1923.

Present:  Insprs. O'Connor (Ch)

                Hayes and Scarlett.

                Intr. Radwanner.

  Excess Quota.  Insp. Murphy.

SI 5, S.S. Lapland, R.S., 2/18/23, 2 cab., from Antwerp Feb. 6th.

Arrived in quar. 10:10 a.m., no date indicated.

E, I. 2/19, 10:10 a.m.

 

Eldest alien, being duly sworn, testified thru Interpreter:

Both born in Goworowo, Prov. Lomza, Poland, where I have no relatives.

Resided for the last 7 years in Ostrow, Poland, where I have no relatives.

 

I am unable to read, class 5-666 Yiddish.  My daughter reads.

My children in the U.S.:  Mates, Rosa, paid our passage.

Housekeeper.  Domestic.

Never in the U.S.

Going to my children, 501 - 2 Ave., College Point, N.Y.

No money.  Did not telegraph.

Coming to join children and remain permanently in the U.S.

 

(Shows Polish passport for daughter issued at Ostrow, August 10, 1923; visaed by the American Consul at Warsaw, Aug. 17, 1922; notation:  "Born in Poland.")

(Shows Polish passport for elder alien issued at Ostrow, Nov. 16, 1922; visaed by the American Consul at Warsaw, Jan. 11, 1923; notation:  "Born in Poland.")

We were never debarred or deported from the U.S. or Canada.

  By Insp. O'Connor:

 

Q:  How long have your son and daughter been in the U.S.? 

A:  My son 12 years and daughter 2 years.

 

Q:  How long are you a widow?

A:  About 4 years.

 

Q:  How have you and your daughter been maintained since the death of your husband?

A:  My children in the U.S. sent money for our support.

 

Q:  Were you or your daughter doing any work?

A:  No.  We were living together and we used to receive money from my children in the U.S.

 

Q:  Were you notified by the American Consul when you applied for the visas to your passport   that you might have difficulty in landing here owing to the excess quota law?

A:  No.

 

Q:  Did the agents of the steamship line inform you that you might have difficulty in landing due to that fact?

A:  No.

 

Q:  What was paid for your passage to the U.S.?

A:  I paid $150 second class from Antwerp to New York and my daughter had a prepaid ticket from last year.

 

Q:  Do you know what it cost?

A:  Daughter's passage cost $200 including headtax from Antwerp to N.Y., second class.

Q:  In the event you are denied admission to the U.S. and the Secretary of Labor should allow a refund of the passage money paid for yourself and daughter, where and to whom would you desire that refund made?

A:  To me, #3, Koje Ulitza, Ostrow, Poland.

Witness, being duly sworn by Mr. O'Connor, testified in English:

Q:  What is your name?

A:  Max Tachna; 501 - 2d Ave., College Point, L.I.

 

Q:  Whom do you call for?

A:  My mother and sister.

 

Q:  How long have you been in the U.S.?

A:  About 12 years.

 

Q:  Are you a citizen?

A:  Yes.  (shows certificate of naturalization # 908715 issued to Max Tachna by the U.S. District Court, Southern District of New York, at New York on July 15, 1919, with the seal of the court and signature of the clerk affixed.)

 

Q:  What business are you in?

A:  Tailor business.

 

Q:  In business for yourself?

A:  Yes.

 

Q:  Have you any money invested in the business?

A:  Yes, $2,000.

 

Q:  What are your net profits?

A:  Average $60 a week.

 

Q:  Have you saved any money?

A:  I have a check account in the Manhattan Bank, College Point.

 

Q:  Have you the book with you?

A:  No.

 

Q: What is your balance in that bank?

A:  About $1000.

 

Q:  Do you own any property?

A:  No.

 

Q:  Have you a savings account?

A:  Yes, in the same bank in the savings department 2with a balance of about $900.

 

Q:  Have you that book with you?

A:  Yes

 

Q:  Show it?

A:  Shows bank book No. 974, Bank of the Manhattan Co. at College Point, in account with Max Tachna, showing a balance of $904.03 to his credit.

 

Q:  Do you own any property?

A:  No.

 

Q:  Are you married?

A:  Yes, I have a wife and 4 children.

 

Q:  Have you ever been sending money home to aid in the support of your mother and sister?

A:  Yes, all the time I sent money.

 

Q:  Have you any brothers or sisters in this country?

A:  Yes, Rosa Tachna, who is single.

 

Q:  What does she do?

A:  She works in a factory.  She is here 21/2 years.  She rec3eives $25 a week.

 

Q:  Has she any money saved?

A:  Yes, but I don't know how much.

 

Q:  What can and will you do for your sister and your mother if they are admitted?

A:  I will keep them in my house and give them support all the time.

 

Q:  Where were your mother and sister born?

A:  Poland.

By Mr. Scarlett:  I move that they be excluded as required by the Act of Congress approved May 19th, 1921, and amended May 11th, 1922.

By Mr. Hayes:  Seconded.

Chair:  Unanimous.

To alien and her daughter:

Q:  You have both been refused admission to the U.S. (naming reasons), but have the right of appeal from the excluding decision of this Board denying you the right to land in this Country to the Secretary of Labor, at Washington, who, on appeal, will review the evidence taken here and decide whether you shall be admitted or debarred and his decision is final.  Do you wish to appeal?

A:  Yes.

Q:  If deported, you will both be returned at the expense of the steamship company which brought you here, in the same class you arrived, and without expense to yourselves.  Do you understand your rights

A:  Yes.

EXCLUDED AND ORDERED DEPORTED:

Max Greenblatt

Secretary