Speech #690145668

Mr. Speaker aiid Members of the House. this is a bill which should not be brought under consideration at this time. and particularly under suspension of the rules. which prohibits an amendment and debate. so that a full understanding may be had of the bill by the Members of this House before they can vote with safety. After seven months of consideration the Committee on Immigration was not unanimous in reporting the bill. and some of us. members of that committee. still hardly understand some of the provisions of the bill. Yet It is sought under suspension of rules obtained by the chairman of this committee to let Members .of this House acquire within 40 minutes debate such thorough knowledge of this bill as has taken the committee more than seven months to learn. You are dealing with human life. I have never at any time in the course of the consideration of this bill in the committee or on the floor of this House. attempted to protect any undesirables or criminals. They have no place in our land nor have they any place amongst civilized people. I speak now in the interest and the welfare of our country and in the interest of those who are legally in the United States and some who have technically entered the country illegally but against whom the statute of limitation for deportation has long -since expired. If we should pass this bill in its present form it would constitute a distinct departure from the uniform policy and liberal traditions of our Government and would foster an oppressive bureaucracy. mutual suspicions. a system of espionage. intolerance. race prejudice. and animosities among the people of the United States. And many of the provisions of this proposed deportation bill are contrary to the Spirit of our Constitution and a direct encroachment upon the liberties guaranteed by the Constittion to all persons residing in the United States. It is very easy to paint a picture to this House that we :have many white slavers and narcotic peddlers and smugglers for whom no one holds any kind word. and if you will analyze the bill you will see that it affects the decent man and woman .more than the ones we are aiming to deport. We have more than sufficient laws on our books today that would deport undesirables. and if you will refer to sections 18. 19. and 34. act of February. 1917. also act of May 10. 1920. act of October 16. 1918. as amended by act of June 5. 1920. and act of May 26. 1922. you will find that there are more than .sufficient provisions of law now on the books that will take care of the undesirables. What. then. is the purpose of this further additional legislation except to harass and annoy men and women who have been in this country for many years and who by some misfortune might become a public charge within a period of seven years? They too would be deported under the new provisions. and if by misfortune a man who has been here 10 years and committed .a minor offense which is punishable by one years imprisonment. he would also be deported. and if a person who has been here .15 years. during which time if he received sentences for minor offenses totaling 18 months. he too would be deported. and the proposed bil adds three more years for deportation purposes after the term of imprisonment expires. That is practically the new matter contained in this proposed deportation bill. And again. instead of safeguarding the Interests of those who are in this country. you open the door to much blackmail directed against persons who may be in this country illegally under some technicality of law and who. because of such technical illegal stay in the United States. may find difficulty or be unable to become naturalized citizens of this country. The committee saw fit to insert a provision in the deportation bill giving an alien who is to be deported a hearing. But what kind of a hearing? Is it a hearing in the manner in which the Constitution of this country contemplates that hearings should be had in.judicial proceedings? Is it a full and Impartial hearing as provided by our Constitution? It seems to me that it is not by any means to be considered a fair and impartial hearing because you do not give the person accused by you and about to be deported. the rightto subpoena Witnesses. You give him a hearing before the inspector and the inspector is the judge and jury and the only person to make recommendations to the Department of Labor as to whetheror -not this alien shall be deported. The committee saw fit to reject an amendment suggested by the minority which would have safeguarded the rights of the individual accused alien. The safeguard sought by the minorityof the committee would gimplycoincide with the elementary principles of American justice. according to which a man has always been presumed innocent until his guilt has been established beyond a reasonable doubt. The provisions of this measure place the burden of proving his right to remain in the United States on the immigrant and although the charges may be of a criminal nature. the alien is deemed to be guilty until he establishes his innocence. I am not going away from the fact that there is a certain class of dangerous aliens who have no place In this country and for whom I have stated I would hold no brief if they were to be deported tomorrow. everyone of them. but I do say. Mr. Speaker and Members of this House. that due process of law should not be denied to the innocent because of some technical violation which may have been committed within a period of 10 or 15 years.