Speech #680181217

The same day. after court adjourned. all three cases were considered. In the Lawlor case the court held that he belonged at home with his mother rather than in the United States with his uncle. where he might likely become a public charge. and so entered their finding. The court held that Lopez was in the United States unlawfully. and further found that he should be deported to Mexico. In every warrant case the alien must have had a fair hearing on the charges on which it is sought to deport him. The facts must disclose the country or port from which he came and to which he is to be deported. and whether at the expense of the steamship company or the United States Government. In the case of John Chinaman the cout found that lie was neither born in the United States nor of a parent who was an American citizen and that he had failed to prove. as is now required by law in all cases. his right to be admitted. Secretary White reviewed the findings in each case and signed orders as recommended by the members of the court. Thus the immigration court functions. expediting all cases. insuring a fair hearing to the alien and protecting the people of America from the physically. mentally. and morally unfit. A different procedure appertains to cases of aliens seeking to enter in which a medical question Is involved resulting from a certification by the surgeons of the United States Public Health Service that the alien is afflicted with insanity or a mental defect. When excluded by a board of special inquiry In such cases there is no appeal to the Secretary of Labor. but the alien may appeal to a board of medical officers of that service and nmay introduce before such board one expert medical witness at his own cost and expense. On the other hand. if the alien be certified by the Public Health Service surgeons to be afflicted with tuberculosis in any form. or with a loathsome or dangerous contagious disease and excluded by the board of special inquiry on that ground. its decision is final and there is no right of appeal. While the law provides that the decision of the Secretary of Labor shall be final. yet the courts have gone still further in preserving to the alien the right to a fair hearing to determine his admission to or deportation from this country. The alien has a right to take his case into court if it involves the interpretation of the immigration or deportation laws. as in such a case the decision of the immigration 9fficial is not final. Resort is also made if the alien can prove that his hearing for admission or deportation was manifestly unfair and such as to show a manifest abuse of discretion. The Supreme Court of the United States has said that the decision of the immigration officials is not final and that he may appeal to the courts if the proceedings be manifestly unfair or if it clearly appear that a fair investigation of his rights were thereby prevented. 19" 5. Uncle Sam has provided laws and regulations so that every plien is entitled to and does receive a fair hearing on the question of his admission to the United States or for deterinination whether or not lie shall be deported. On all these ).ssues. by law. he is entitled to and does receive his "day in "court."