Dick & Rita Part 2 Compiled Susan Calter

Los Angeles

High Court Will Decide Alien Case Like Haymes
WASHINGTON, Oct. 12 – (AP)

The Supreme Court today agreed to decide an alien exclusion case that could have a bearing on Singer Dick Haymes’ efforts to escape deportation.

Specifically, the high court will review a decision that Congress had the power to bar aliens from returning to the United States from an outlying American possession. Haymes is contesting deportation proceedings brought against him on the grounds he was ineligible to re-enter the United States after he visited Rita Hayworth in Honolulu last June.

October 13, 1954

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Haymes. a native of Argentina, and Rita since have been married. His case has not yet reached the court stage. The case now before the Supreme Court involves the decision by a special three judge Federal court in Seattle that aliens who leave Seattle to work in Alaska fish canneries during the summer may be barred under the McCarran-Walter Immigration Act. Constitutionality of the bar was questioned by officers of Local 37. International Longshoremen’s and Warehousemen’s Union. They said the union has more than 3000 members. most of whom are aliens.

Haymes Loses Round in Fight

WASHINGTON, DC – Attorneys for actor-singer Dick Haymes got a court order today temporarily barring the government from deporting him. Actor-Singer Dick Haymes today lost a round in his fight against deportation because of his Hawaiian visit to Rita Hayworth two years ago. The board of immigration affirmed the deportation order. An attorney for Haymes, who now lives at Crystal Bay, Nev., announced that a further fight against the deportation order will be made in the federal district court here. The 36-year-old singer was ordered deported in March of this year after a hearing before an immigration service inquiry officer. The officer held that the Argentine-born Haymes had returned to the United States illegally after going to Hawaii in 1953 to visit actress Rita Hayworth, now his wife, who was then making pictures in Hawaii.

Reno Evening Gazette 11/5/54

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Haymes contended that when he arranged to go to Hawaii, the immigration officials with whom he consulted should have warned him that he would be ineligible to return to this continent. Haymes argued there had been entrapment. The board of immigration ruled, however, that there had been no entrapment. Reno newsmen who telephoned the Haymes’ residence on the shores of Lake Tahoe were told by a woman who identified herself as “the maid” that Haymes and Miss Hayworth had left early today. Asked where they had gone, she replied: “Oh, they never tell me.” Haymes, born in Buenos Aires, entered this country for permanent residence in May, 1937. The board said these were the circumstances leading to the deportation proceeding. Haymes registered under the draft act in October, 1940. When called for military service in New York City in 1944, he sought deferment on the grounds that his then wife. Actress Joanne Dru, was pregnant and ill. Deferment was denied. Haymes then applied for military exemption as a neutral alien, by which action he waived the right of ever becoming a U.S. citizen. In 1945 Argentina became a co-belligerent in World War!! and Haymes was again called up for induction but was rejected on grounds of physical unfitness. He claimed this call and rejection constituted military service and removed the bar to citizenship. The board ruled this claim “untenable.” Since the immigration laws provide that persons ineligible to become citizens may not enter this country, the immigration service took the position that after Haymes went to Hawaii in 1953, he was ineligible to return. The issue, however, was not raised until after he had in fact returned and resumed permanent residence here. Haymes’ lawyers claimed that going to Hawaii did not involve leaving the United States, but the board said the law on exclusion specifically applies to entries from Hawaii.

Board Okays Deporting Of Haymes Pacific Stars and Stripes – 11/6/54

WASHINGTON (UP) – The Board of Immigration Appeals Saturday upheld a deportation order against Argentine-born singer Dick Haymes. The board rejected Haymes’ appeal from the deportation order issued against him in March by a special inquiry officer of the Immigration Service. The order was based on charges that the 36-year-old Haymes could have been excluded from continental U.S after a trip to Hawaii in May 1953, because he obtained an exemption from the U S. military service in World War II as a citizen of a neutral country. Haymes, the husband of actress Rita Hayworth. may now appeal the order to the court. Washington associates of his attorneys promptly served notice they intend to do so. Haymes was born in Buenos Aires. Argentina, Sept. 13, 1918 He entered this country in 1937, but never was naturalized. The board last May ordered the Immigration Service to give Haymes a hearing on his charge that immigration officials should have told him he was inadmissible to this country before he left on his trip to Hawaii. The special inquiry officer found no basis for the officer’s decision The board also rejected as “untenable” Haymes’ claim that he performed military service when he was called up for induction in March 1945 and rejected on grounds of physical unfitness The board noted that in January 1944, Haymes signed and submitted an application for exemption from military service because he was a citizen of Argentina The board noted that the application also included a statement by Haymes that he understood “that the making of this application to be relieved from such liability (for military service) will disbar me from becoming a citizen of the United States ” The board said it had come to the conclusion that Haymes filed intelligently a claim for exemption from military service and that he is “thereby ineligible for citizenship. As an alien ineligible for citizenship. Haymes is automatically excludable from the U.S. and as such is deportable.”

Dick Haymes Deportation Case Delayed Morning Herald – 11/16/54
WASHINGTON. DC – (AP) The government decided today to make no move toward deporting Rita Hayworth’s husband, actor-singer Dick Haymes, until the courts have passed on his case How long it might take to get a full court review was indefinite but it seemed likely that Haymes, born in Argentina, could stay in this country for months, at least. Haymes’ lawyers were to have argued in U.S District Court today for an injunction against deportation but Asst. U.S Atty Frank Strickler told Judge Alexander Holuoff this wouldn’t be necessary Cite Hawaiian Trip – Strickler said the government will not take into custody or attempt to deport Haymes until the case has been heard.” With that. Haymes’ lawyer, Wilburn Mayock, withdrew his request for an injunction. The 36-year-old Haymes’ immediate troubles grew out of a trip he made to Hawaii in 1953 in his courtship of the beautiful Miss Hayworth After he returned to the mainland the government contended he had no right to become a citizen of the United States and hence, had made an illegal entry An Immigration Service inquiry officer ruled last March he would have to be deported to his native Argentina. Haymes protested he had been trapped. that he had not been told before the trip to Hawaii that he would be ineligible to return. Ten days ago the Board of Immigration Appeals upheld the deportation order, saying there had been no entrapment. The board also gave this background. Haymes sought a draft deferment in 1944 on the pica that his wife at that time. actress Joanne Dru, was pregnant and sick. The deferment was denied and Haymes then applied for exemption from the draft on the grounds he was a neutral alien He came to this country in 1937 as a youth. The board said his application for draft exemption on the grounds he used made him ineligible forever to become a citizen.
Moberly Monitor Index – 3/9/55

Singer Dick Haymes Getting Alimony Problems Settled

LOS ANGELES – Crooner Dick Haymes is getting his alimony problems settled. Recently he settled his child support debts with his second wife Joanne Dru Ireland. And yesterday he cleared up a lengthy alimony argument with wife #3. Nora Eddington Flynn Haymes. ex-wife of both Haymes and Errol Flynn_ Nora Haymes’ attorney, S. S. Hahn, said Haymes paid her a lump sum to replace the $100-a-week alimony payments provided in a divorce decree she obtained in 1953. The attorney said Haymes was in arrears 56,600 in the alimony payments The lawyer said both parties had agreed not to disclose the amount of the settlement. Haymes will not be required to face a contempt of court action which had been set for today in the Nora Haymes case. Haymes married his fourth and present wife, actress Rita Hayworth, shortly after he divorced Nora Haymes. The singer still is engaged in a legal battle with immigration authorities in an attempt to prevent his deportation to his native Argentina.

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news65p07pic-2 (Left) Happy fans and neighbors greeted Dick and Rita after they arrived to White Plains, NY home from Florida vacation.                                        April, 1954
San Antonio Light – 3/13/55
RITA & DICK LIVE IN THE NEVADA MOUNTAINS

The door of the sun porch burst open and Rita Hayworth Haymes stood there, her face, radiant. “Dick, I’ve got it! Matisse green!” Dick Haymes. sitting cross-legged before the fireplace vigorously sandpapering the rung of an antique chair, looked up. He smiled with obvious admiration at the picture his wife made, framed in the doorway in a yellow turtle-neck sweater, black slacks, yellow socks and sneakers. Her honey-colored hair was caught up casually in a striking turban of yellow silk.

In one hand she held an art magazine with a magnificent still life on its cover – a vase of exotic flowers on a gray table, signed with the name H. Matisse In the other was the canvas she had been working on With remarkable fidelity she had copied the work of the French master down to the subtlest nuance of color “Darling, it looks wonderful!” said Dick, disentangling his long legs and rising to his feet

His hair was tousled and there was at least a month’s growth of beard on his face. “Oh, my aching back!” he groaned, stretching painfully And then he was beside Rita, holding her canvas up to the bright sunlight and comparing it critically with the original “You know. it really is!” he exclaimed. “Hey, you’re good!”

Dick moved across the living room to the large picture window opposite the fireplace and looked out over the lawn on which a hammock had been set up on aluminum legs. A boxer dog was curled up beside it In the hammock, looking up at the passing clouds was a little girl of about five. She was singing to herself. “Brutus is a naughty dog. Brutus is a naughty dog, yes he is.” The boxer paid no attention, save for flicking the stub of his tail now and then. Dick grinned, rubbed his beard and returned to his work. The clock on the wall showed three o’clock. “Becky will be home from school in an hour,” he said.

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Unless one is invited and given careful directions, the chances are that he could never find his way to the modest bungalow in which one of the world’s most publicized couples chose to live in almost complete seclusion. I recently spent two weeks with Dick and Rita – one of the four house guests they had during their first few months in this retreat some 6,200 feet up in the Nevada Mountains, The other guests were their attorney Bartley Crum of New York and Dick’s son Richard. Jr and his daughter Helen During my visit, made in connection with a book Dick is working on, I had an opportunity to see Rita and him leading a life which. by Hollywood standards. can only be described as unusual, and also to appreciate what they have undergone and how they feel about it.
Times Record — 6/1/55
Haymes Wins Fight Against Deportation
WASHINGTON (AP) — Dick Haymes. Rita Hayworth’s singing husband. yesterday won a U S. District Court fight to avoid being deported. Judge Burnita S. Matthews ruled that he was not subject to deportation because of a flying trip he made to Hawaii in the spring of 1953 to keep a singing engagement and court Miss Hayworth. He married the film star later. The Immigration Service claimed that in returning from Hawaii Haymes reentered the United States “from a foreign port or place or from an outlying possession “ news65p09pic1
Since Haymes is also an alien ineligible for American citizenship, the service ruled he was subject to deportation. When a deportation order was issued last November, Haymes appealed to the district court. Judge Matthews held that Hawaii “is a geographical part of the United States” and therefore that Haymes had never left the country She noted that the term outlying possession” is defined in the law as meaning only American Samoa and Swains Island, which is part of the American Samoa group in the Southwest Pacific. The government based its case on the contention that the singer was an excludable alien who could not re-enter the country after once leaving it for certain other areas. including Hawaii.
A government attorney told reporters no appeal would be taken until a study has been made of a similar case which went against the government on the west coast Haymes, a citizen of Argentina, was admitted to the United States for permanent residence in1937. Asst. U. S. Atty. Frank Strieker told the court Haymes became ineligible for citizenship after he claimed the status of a neutral in World War II and did not serve in the U S. armed forces. Haymes’ lawyer contended his client originally had a neutral status but later was classified 1-A and then 4-F because of a heart condition.
Los Angeles Times                                                                   June 1, 1955 Haymes Can’t Be Deported, Judge Rules
Crooner Dick Haymes, Argentine-born husband of Actress Rita Hayworth, today won victory in his legal fight to avoid deportation. Federal District Judge Burnita S Matthews held that Haymes is not deportable” because he didn’t legally leave this country when he went to Hawaii on a visit in 1953. The government may appeal the ruling to higher courts It had sought to send the singer back to Argentina on grounds he illegally entered this country from Hawaii on his return from a 1953 visit. Haymes was also accused of having claimed his privilege as an alien to avoid the draft during World War II. No Foreign Entry Judge Matthews held that Hawaii legally is “a geographical part of the United States ” “There was therefore in 1953 no entry by Haymes into the United States from any foreign port or place or from an outlying possession,” she said “Accordingly, Haymes is not deportable.” In Hollywood, Haymes said, “I’m a little Confused but so happy about it It is a tremendous relief to both Rita and me. We are grateful to everyone concerned.” Miss Hayworth said the decision came as “a wonderful surprise. I’m so excited and happy I can hardly talk.” news65p10pic1

Rita Hayworth (looking like a little girl in short hairdo with bangs) and Dick Haymes smile for the photos after dodging them for over six months during time Haymes was being hounded by the immigration department. Despite all efforts by a studio bigwig to make life miserable for Rita and Dick, the court ruled that he did not have to go back to native Argentina. Rita will take Princess Yasmin to Europe to visit the Aga Khan and on her return she will make independent film. Hollpevod Stars June, 1955

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Dick, Rita and her daughters, Rebecca, Yasmin and Family pet, Brutus, enjoy some time at the beach near their California home at Malibu.

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