Speech #810313854

Exactly. The testimoney we received was that as a result of the Supreme Court decision it may well require from twentyfive to thirty million dollars to enforce that decision and give these aliens the benefit of the Administrative Procedure Act. Prior to February 20. 1950. deportation hearings were governed only by the provisions of the immigration laws and by the requirements of the Federal Constitution. From the earliest days of immigration enforcement aliens who were charged with entering or remaining in the United States illegally were granted hearings. Indeed. the Supreme Court of the United States on numerous occasions has declared that the requirements of the fifth amendment to the United States Constitution prohibiting deprivation of liberty without due process of law governed deportation proceedings and commanded that no alien could be deported unless he was given a fair hearing. This command was emphasized in numerous court decisions. Thus in the Japanese Immigrant case (189 U. S. 86. 100101 (1903)). the Supreme Court declared: But this court has never held. nor must we now be understood as holding. that administrative officers. when executing the provisions of a statute involving the liberty of persons. may disregard the fundamental principles that inhere in "due process of law" as understood at the time of the adoption of the Constitution. One of these principles is that no person shall be deprived of his liberty without opportunity. at some time. to be heard. before such officers. in respect of the matters upon which that liberty dependsnot necessarily an opportunity upon a regular. set occasion. and according to the forms of judicial procedure. but one that will secure the prompt. vigorous action contemplated by Congress. and at the same time be appropriate to the nature of the case upon which such officers are required to act. Therefore. it is not competent for the Secretary of the Treasury or any executive officer. at any time within the year limited by the statute. arbitrarily to cause an alien. who has entered the country. and has become subject in all respects to its jurisdiction. and a part of its population. although alleged to be illegally here. to be taken into custody and deported without giving him an opportunity to be heard upon the questions involving his right to be and remain in the United States. No such arbitrary power can exist where the principles involved in due process of law are recognized. And in Vajtaeur v. Commissioner (273 U. S. 103. 106 (1926) ). the Supreme Court pointed out that "Deportation without a fair hearing or on charges unsupported by evidence is a denial of due process which may be corrected on habeas corpus." Among the decisions under which similar expressions may be found are Kwock Jan Fat v. White (253 U. S. 454. 459. 464 (1920)) .