Speech #740207566

The deportation clause really gathers all those aliens who are described in what I have read and what I have referred to. and makes them all deportable. This is what is provided in section 19. at page 41: That at any time within 5 years after entry. any alien who at the time of entry was a member of one or more of the classes excluded by law * shall * * * be taken into custody and deported. That is the first sentence in the deportation law of this country. and it refers to every one of the persons described in the exclusion act which I have read or referred to. and yet every one of those persons. save the class which commit crimes involving moral turpitude. would be granted clemency by this bill if the amendment I have proposed should not be adopted. That is. they would be within the reach of the discretion of this committee by virtue of section 3 of this bill if it should not be amended. Moreover. by section 2 of the pending bill a discretion is granted even in the case of criminals which takes in a very large part of the persons who are excluded by our exclusion law. and who would be otherwise deportable. Section 2 cannot be said to tighten up the law with respect to the deportation of criminals. It rather removes the limitations in the exclusion act and the power contained in the deportation act. Let me read section 2 as it is proposed in the pending bill: SEc. 2. The second proviso to section 19 of the Immigration Act of February 5. 1917 (39 Stat. 889. U. S. C.. title 8. sec. 155). is amended to read as follows: "Provided further. That the provisions of the immigration laws respecting the deportation of aliens convicted of crime shall not apply to one who has been pardoned. nor shall an alien convicted of crime be deported if the court. or judge thereof. where the conviction occurred shall within 6 months after such convictionThat is changed to 90 days(or within 90 days after the passage of this amendatory act). due notice having first been given to the prosecuting authorities. make a recommendation that the alien be not deported as a consequence of such conviction and if the Commissioner of Immigration and Naturalization approves that recommendation. nor shall an alien sentenced to imprisonment be deported under any provision of law until after the termination of the imprisonment. but the imprisonment shall be considered as terminated upon the release of the alien from confinement whether or not he is subject to rearrest or further confinement In respect to the same offense." What does this do? Does it tighten up the grip of sovereignty upon the criminal. or does it relax it? It does nothing but relax it. I call attention to the proviso as it exists. in order to show the effect of section 2 as it is now drawn. I read from page 42 of the same document: Provided further. That the provision of this section respecting the deportation of aliens convicted of a crime involving moral turpitude shall not apply to one who has been pardoned. nor shall such deportation be made or directed if the court. or judge thereof. sentencing such alien for such crime shall. at the time of imposing judgment or passing sentence or within 30 days thereafter. due notice having first been given to representatives of the State. make a recommendation to the Secretary of Labor that such alien shall not be deported In pursuance of this act. nor shall any alien convicted as aforesaid be deported until after the termination of his imprisonment. That discretion. given to a judge by the law as it is today. is limited. Only those crimes involving moral turpitude are mandatory causes for deportation. Only in crimes not involving moral turpitude is the judge given any discretion. but by the pending bill that qualification is wiped right out. and the judge may take the first step to granting clemency to the criminal in the case of all crimes. Let me read the language again in order to make that clear: Nor shall an alien convicted of crime be deported if the court. or judge thereofShall grant him clemency. or make this recommendation. In the original act the language is: Provided further. That the provision of this section respecting the deportation of aliens convicted of a crime Involving moral turpitude shall not applyAnd so forth. Again. the door is still further opened with respect to criminals by section 2. as proposed here. by extending the time. giving the criminal affected more time in which to induce the judge to make the recommendation. Under the existing law. the recommendation by the judge must be made at the time of the judgment or within 30 days. Under the bill as proposed and as it came to us in committee. the time was extended to 6 months. The committee reduced the time to 90 days. but. even as it appears in the Senate today. the bill is a very generous grant to the criminals of the country of 90 days instead of 30 days in which to bring enough pressure to bear on a judge to make him recommend that a criminal be not deported. It makes no difference whether he is convicted of a crime involving moral turpitude or whether he is convicted of some one of the vast majority of crimes which do not involve moral turpitude. but which include racketeering. jail breaking. and the violation of nearly all the regulatory statutes and laws which have been enacted to keep the peace in this country.