Speech #680193363

Speaker and members of the committee. I am glad to have this opportunity to enlighten the Members of this House as to what this bill is about. and I venture to say that many Members of this House not on the committee would not be able to answer three -questions as to this bill. %containing 22 pages. and what particular changes in the law are attempted to be made by this legislation. I want you to know. gentlemen. that the minority of the committee is in favor of deporting every undesirable alien in the United States. The minority has also urged the committee to provide certain provisions for the deportation of the undesirable. But we speak for those aliens who have been lawfully admitted into the United States. aliens who have been here six or eight years. aliens who did not have the opportunity to become naturalized citizens of the United States. What does this bill say? It provides that if by chance or by circumstance they should be compelled to apply for charityif by circumstance they should become a public charge through no fault of their ownyou are absolutely at liberty under the proposed legislation to deport them from the country. What is the underlying reason for this proposed legislation which removes the fiveyear limitation and thus making possible wholesale" deportation. not only of those who entered illegally. but I am referring particularly to those who entered legally? It seems a person who entered the country legally. through circumstances and no fault of his own he happens to become a public charge. although marrying an American wife and raising American children. he would be subject to deportation. unless he can affirmatively prove that the ailment or disabilities have arisen from causes subsequent to his entry in the United States. which means that after a lapse of many years the burden is cast upon him and that he must gather witnesses and engage counsel in order to establish some -evidence which has long disappeared. Under our laws. the most heinous crime other than murder would be outlawed in three years (U. S. R. S.. sees. 1043. 1044). and yet it is now suggested that no limit of time shall deter the deportation of an alien after he has entered the United States. regardless of the time of entry. by pursuing drastic summary proceedings specified in this bill. I seriously doubt whether such provision is constitutional and valid. It bears all the objectionable features of an ex post facto law. While in not so many words a criminal proceeding. It Is. n effect. the equivalent of such a proceeding. Moreover. in so far as It repeals what was formerly a threeyear limitation and is now a fiveyear limitation. and deprives those in whose favor the bar of the statute has run of immunity from deportation. it would be contrary to all precedent to lift that -bar and to permit the arrest and deportation of those who at the time of the passage of the proposed act were exempt from prosecution and deportation. This is not even permitted where a mere property right is concerned. (Germania Savings Bank v. Suspension Bridge. 159 N.