Session #77 · 1941–43

Speech #770110961

Such provision for concentration camps or stockades should only be Invoked when gravest danger threatens the sovereignty of the United States. It is my duty as a member of the Judiciary Committee to point out to you gentlemen that since there is no provision for a jury trial. andthere is provision for the punishment of the type I have indicated. that this bill could not for one moment stand the test of constitutionality. As has already been indicated in many treatises and in many documents in the repeatedly held that deportation proceedings. mark you well. are civil and not criminal in their nature. I cite Zakonaite v. Wolf (266 U. S. 272) and United States v. Williams (194 U .S. 289). That is the reason why Congress has been permitted to provide heretofore for deportation through administrative proceedings without a jury trial and without the ordinary safeguards of the rules of evidence. If Congress provides for imprisonment or detention as in the bill. however. for deportable persons. it would seem to follow that such persons are entitled to a jury trial. the assistance of counsel. compulsory process. and other rights secured to persons accused of crime by the fifth and sixth amendments to the Constitution. since the courts have held that these amendments apply to the prosecution of aliens as well as citizens. I cite the case of Wong Wing v. United States (163 U.
Keywords matched
deportable deportation

Classification

Target group
Sentiment
Neutral
Stereotyping
No
Confidence
100%
Model
gemini-2.0-flash
Framing
Legal / procedural

Speaker & context

Speaker
EMANUEL CELLER
Party
D
Chamber
H
State
NY
Gender
M
Date
Speech ID
770110961
Paragraph
#2
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