I believe. in such a way as to meet most of the objections which have been raised. and still not do violence to the views of the committee? If this substitute amendment is voted down. I propose to offer an amendment reading as follows: On page 2. line 1. strike out the word "crime" and insert in lieu thereof the word "felony." After the word "turpitude". strike out the balance of line 1 and all of line 2 down to the semicolon. so that the paragraph will read: Is hereafter convicted in the United States within 5 years of the institution of deportation proceedings against him of a felony involving moral turpitude. I do not believe we should permit the language to remain as it is now written in the bill. The bill now provides that conviction of any crime involving moral turpitude subjects the person to deportation provided the alien is committed to an institution as the result of such conviction. This leaves too much latitude in the hands of some pennyante judge or some police judge. for instance. Anyone might be confronted with a charge of committing any crime. whether it is a felony or a misdemeanor. in which moral turpitude is involved. The court might sentence such individual to pay a fine of $10 or spend 3 days in jail. If the individual charged with the offense should happen to have the $10 and paid the fine. and did not serve the 3 days in jail. he would not be subject to deportation. However. another individual might commit the same crime under the same circumstances right along with the other person and might be picked up by the police officer at the same time. He might be given the same sentence by the judge of $10 or 3 days in jail. and if he did not happen to have the $10 and therefore was forced to serve 3 days in jail. he would be subject to deportation. This is a discrimination In the bill which I do not believe the committee wants. Therefore it seems to me we should limit this provision to felonies only. and then provide that a person who commits a felony involving moral turpitude * shall be subject to deportation whether he has money enough to pay his fine or not. This will put them all on the same basis. You know and I know that many people are convicted of felonies and misdemeanors in which large fines are involved. as much as $1.000 fine. for instance. or 6 months in jail. People who have been making a lot of money out of their graft and who have money in their pocket can pay their $1.000 fines. but the poor individual who has not been doing that long enough. or for some other reason does not have the money. not being able to pay the fine. would be "forced to take his 6 months sentence in lieu of the payment of the $1.000 fine. and thus would be subject to deportation. whereas the individual who had the money to pay the fine would not. This. despite the fact that both committed the same offense. and. perhaps. one might even have involved a greater violation or greater moral turpitude than the other. If the pending amendment is turned down.
Keywords matched
deportation