Speech #820170348

You can locate a paper or the personal effects of an individual. but you cannot locate the individual if he moves around from place to place. If this amendment were to succeed. Instead of the border patrol going right along for 25 miles. they would have to look in and out. in and out. leaving bare great unexplored and uninspected places. The second thing it seems to me we ought to realize is this: In the case of Hester v. United States (265 U. .. 52). the Supreme Court has said: The amendment does not mean that the lands or premises of a person shall not be searched. these are not included in the terra "house." Note that the lands and premises may be searched. There is nowhere any provision against an officer searching ones land or premises without a warrant. That is exactly what these border patrolmen will do. They will search the land without entering the house. Therefore. there is no violation of the fourth amendment. Finally. let us realize the nature of deportation proceedings. In the case of Quan Quan Poy v. Johnson (273 U. S. 352). the Supreme Court held that deportation proceedings are not criminal. All the arguments in the last 2 days we have heard on the authority of the issuance of search warrants have been directed to the fact that they were criminal proceedings. Deportation proceedings are not criminal proceedings. They are intended to get these individuals who have been surreptitiously and illegally brought into this country. We have now the word of the Supreme Court that deportation proceedings are not criminal prosecutions within the meaning of the fifth and sixth amendments. It is stated: The authority to deport is drawn from the authority of Congress to regulate the coming of aliens within the United States and to impose conditions upon the performance of which the continued liberty of the alien to reside within the country may be made to depend: and findings of fact reached by executive officials after a fair though summary hearing may constitutionally be made conclusive. Now. to crystallize this matter. here is a provision in this bill which provides for a search along a great border. either the Mexican or Canadian border. whatever border it may be. going back for 25 miles. for the purpose of searching the lands. not the houses but the lands. in furtherance of the authority as laid down in the fifth and sixth amendments. of deporting those aliens who have been unlawfully brought into this country. It is not to search the persons. houses. papers. and effects. but to search for aliens illegally within our borders. There is the whole thing in a nutshell.