Speech #680181217

Mr. Chairman. I wish to say that the committee reporting this bill has given full consideration to and cooperation with the Immigration Committee to make effective our border patrol. *Now. I would like to give due credit to the members of what I designate as " the immigration court." but better known as the Secretarys board of review. Tlere is a rule as old as the law itself and always to be respected that every man is entitled to his day in court. Our Federal and State Constitutions preserve to the individual. whether American or alien. full protection of life.liberty. and property. Likewise. the laws and our couits secure to the alien a fair hearing before he can be denied admission or sent out of the country. Take. for example. the case of James Lawlor. who arrived at Ellis Island in January. 1925. He presented his passport .and immigration visa to the inspector. The visa. issued to him by.the American consul. assured him that he was within his countrys quota. He was given a thorough examination by a United States Public Health Service surgeon and foundlet us sayto be afflicted with heart diseasechronic .cardiacwhich the physician stated might affect his ability to earn a living. Instead of being promptly sent back on board the ship in which he came. he is given a hearing before what is known as a board of special inquiry. There are several. of these boards at Ellis Island. as well as at other ports of entry. A board consists of three members and is a permanent part of the Immigration .ervice. Every alien who on primary inspection does not appear to be clearly and beyond doubt entitled to land is detained at port and given his "day fri court." before one of theseboards He is entitled to have afriend or -relative present at the hearing. His case is called before the full board. A friend or relative may be present at the hearing. The medical examiner and the Immigrant both testify quite fully as to the character and extent of the disease. as well as Its effect upon the immigranfs ability to earn a living. At the conclusion of the hearing the board finds the Immigrant. because of the condition of his heart. to be physically defective and likely to become a public charge. and could not. therefore. enter. at the same time advising him that he has a right to appeal his case to the Secretary of Labor. In this appeal he is aided by a representative of one of the nationally known societies having an office on the island. as well as by relatives and an attorney. The entire testimony and record is then sent to Secretary of Labor Davis at Washington for final decision. Take. another case. that of Rafael Lopez. who reached America by crawling through a hole in the big fence that marks the boundary .between California and Mexico. He is shortly afterwards arrested and charged with entering the United States without inspection and without a quota immigration visg. Lopez is taken before Immigration Inspector Judson F?. Shaw. of the Immigration Service. and there he has his first "day in court" to determine if he could remain or should be sent back home. He was advised of the charges against him. that he had the right to employ counsel and to introduce witnesses to meetany evidence that the Government might produce against him. He retained an attorney and a full hearing was accorded -him.