Speech #640072679

Mr. Chairman. the proviso which I have moved to strike out reads as follows: Provided further. That any person who shall be arrested under the provisions of this section. on the ground that he has entered. or been found in the United States In violation of any other law thereof which imposes on such person the burden of proving his right to enter or remain. and who shall fail to establish the existence of the right claimed. shall be deported to the place specified In such other law. In every case where any person is ordered deported from the United States under the provision of this act. or of any law or treaty now existing. the decision of the Secretary of Labor shall be final. In the first .place. that is an ambiguous proviso. In the second place. it admits of certain wrongs to aliens in the way of blackmail that ought to be prohibited. In the third place. in giving exclusive jurisdiction to the Secretary of Labor it conflicts with the Constitution. which preserves the right of habeas corpus. There is no reason why Congress should make trouble for itself in passing a law or a provision of law which Is unconstitutional. which it would seem to do in this instance if It provides that in a matter of human rights the Secretary of Labor shall have final judgment. If we have a Secretary of Labor such as we had several years ago. who was generally regarded as being in favor of immigration. and if we have one now who Is generally regarded as opposed to immigration. the evilof this discretion lodged in the Secretary. will at once- appear. If the Secretary is opposed to Immigration. he may deport any one against whom charges are made. If he is in favor of immigration. he may admit.anyone against whom charges are made. The right to go to a court. the constitutional right of habeas corpus. is. denied by this provision. It often happens. and it would happen particularly with respect to Chinese and Japanese. if this proviso is intended to relate to them. that gross injustice would be done to them. Whenever they locate in the United Stmtes and become prosperous it is mighty easy for some scheming or blackmailing person to harass them by demands for money. In the case of Chinamen it has been charged that they have been treated this way. when they became prosperous enough to make good victims. With regard to other immigrants. in the Italian colony particularly. it frequently happens that a blackhander operates with great freedom. A man conies into the country. locates in business. marries. becomes inoderately prosperous. and then some designing person. who himself may or may not have the right of citizenship. sends him a blackiand letter demanding a sum of money.