Speech #810272780

The best type of psychiatrist is the benign. cordial. affable specialist who can draw out his patient. He must act with finesse and never be heavyhanded. Consider the low wages paid in Government service. and I defy anyone to show a psychiatrist worthy of the name in the Public Health or Immigration Service. I do not say this in derogation of these services. but facts are facts. and we have none such" (p. 1251). Violation of such regulations may result in detention at any place designated by the Attorney General until deported. which may be for life. In the case of alien criminals or radicals. as well as all those whose arrival has been within the last 10 years. regardless of the reasons for deportation. the Attorney General is given power to transport him to such place of detention as may be designated by the Attorney General and there. or at any such other place or places as may thereafter be designated by the Attorney General. (the alien may) be detained. though not at hard labor. pending eventual deportation. or until departure from the United States otherwise shall have been arranged * * * (see. 20C. p. 14). The alien is given the right under H. R. 10 to question the validity of his detention by habeas corpus. This he would have. regardless of the law. and the law provides no grounds for holding the detention invalid. as everything is put wholly within the discretion of the Attorney General. Moreover. under section 20 (g) the courts are expressly denied jurisdiction to ordbr bail unless a decision adverse to the Government has been made which is not subject to further review. The detention and supervision features of the bill propose radical changes in the treatment of aliens in deportation proceedings. The purpose of these detention provisionsand it must be remembered that parole is in legal effect. imprisonment and "merely an extension of the prison walls" Anderson v. Corall (263 U. S. 193. 196)-is apparent. They present not only an important issue of public policy. but also grave constitutional questions. What the bill. in its detention provisions. patently proposes to do is not to implement deportation but to establish a system of custody for aliens in deportation proceedIngs. from the inception of the proceedings until they are held indefinitely after the warrant of deportation issues but cannot be executed. The indefinite detention provided in paragraph (c) of section 4 of the bill is manifestly criminal punishment quite as surely as it was in the case of Wong Wing v. U.