We must recognize the fundamental principle of fairness which requires separating the judicial from the investigatory functions. This Appeal Board could be summarily abolished without my amendment. My amendment recognizes and strengthens the Board. Reject my amendment and you return the Boards function to the Immigration Service. To my mind that would be a sort of retrogression to the dark days of administrative injustice that resulted in the grave injustice involved in the case of Ellen Knauff. That retrogression would be in conflict. as I said before. with our recognized concept of AngloAmerican jurisprudence. that the same individual should not sit as judge. jury. and prosecutor.
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Immigration