Speech #760053268

There was no double jeopardy in the deportation of a criminal alien. There is no question about that. Nor is there any question of lack of due process in proceedings for the deportation of a criminal alien who falls within the various classes enumerated by the act of Deportation. however. Is carried out in accordance with the law. Certainly no Member of the House is going to stand here and advocate either deportation or other kind of punishment of a criminal alien. or any other kind of alien. except as it be in accordance with the Constitution and the statutes. What does this bill attempt to do? In considering this question let me read to you section 20 of the present Immigration Act. passed February 5. 1917. I read as follows: Pending the final disposal of the case of any alien so taken in custody (in deportation proceedings) he may be released under a bond in the penalty of not less than $500. with security approved by the Secretary of Labor. conditioned that such alien shall be produced when required for a hearing or hearings in regard to the charge upon which he has been taken into custody. and for deportation if he shall be found to be unlawfully within the United States. This particular section has been defined by the courts time and time again. particularly the portion "taken into custody." Confinement has been defined by the courts to be confinement within a reasonable period of time. a period that is reasonable in the light of the requirements and the time that is necessary to effectuate deportation. In one of the leading cases on this subject. the case of United States v. Wallace (279 F. 405). the Court said: This and every other deportation order requires the proper official to return the alien to "the country whence he came." and for that purpose "to purchase transportation for the alien." Under familiar law this necessarily means that the transportation is to be obtained and the deportation effected within a reasonable time. What is a reasonable time varies with circumstances. during the World War it was a matter of even judicial cognizance that opportunities for deportation were rare and long delayed. We now take cognizance of the fact that peace has been declared. and regular communication with the British Isles reestablished. and we therefore express our opinion that unless this relator. or any other person similarly situated. be actually deported within 4 months after such alien has exhausted his legal remedies. any further or other detention under pretense of awaiting opportunity for deportation would amount. and will amount. to an unlawful imprisonment. from which relief may be afforded by a new habeas corpus. This bill contravenes that express finding of the Court. for the bill establishes confinement for an indefinite time. a time which may run to any length. even for life. In deportation cases the only justification of confinement without due process is when the confinement is reasonable as an incident to deportation. The moment. however. confinement is not reasonablethe moment confinement is either permanent or beyond reasonablenessit ceases to be an incident to deportation. it becomes imprisonment. Under this bill you would be imprisoning these aliens without due process of law. and I submit that for the purpose of dealing with a few aliens you are substituting by this bill an .undemocratic. unconstitutional procedure. substituting for our own democratic prcccdure one which is entirely alien to our democratic institutions of law.