Speech #770110965

Mr. Chairman. as I view it. we are confronted with two separate and distinct problems with respect to aliens in this country. One. and the more important one. is what to do with the alien against whom a deportation warrant has issued andwhose country will not accept him. It certainly seems to me to be very cowardly if we *do not take a step to carry out our own orders. As far as the constitutionality of this bill is concerned. I cannot agree with my friend the gentleman from New York. There is no question in my mind as to the constitutionality of what we are attempting to do in this measure. Bear in mind that the only person who can be detained is the person against whom a warrant of deportation has first issued. and before that warrant issues every single step that can possibly be taken to safeguard his interests is taken. even though he is not a citizen of this country. I need but call your attention to the fact that in the case of United States against Strecker. that alien went all the way to the Supreme Court of the United States before it was finally determined that he was the subject of a deportation warrant. After that question has been decided. even in the last court in the land. then these proceedings are instituted. I call your attention to the language in section 4. on page 8: The Immigration and Naturalization ServIce may. in its discretion. detain pending deportationAnd so on. Does not that answer the argument advanced a moment ago by the gentleman from New York? He would have you believe that these aliens are picked up and incarcerated without trial. without due process of law. and without anyones having any discretionary authority to pass on the question of whether or not they should be detained. I ask you. as reasonable men and women. whom do you think the Immigration and Naturalization Service will go to the trouble of picking up and detaining? Will it be the man who has overstayed his leave in this country and Is here illegally because Le stayed beyond the period of his visit? Are they going to pick up the student who has overstayed his leave on a students permit? No. they are going to pick up men like the one who was convicted in Detroit of a felony and ordered deported. Because his country would not honor the deportation warrant. a visa was not granted to him. so he went right back on the streets of Detroit. where he subsequently committed the crime of murder. That is the type of alien that will be picked up. That is the type of men the might and power of this Republic will be impressed against.