Speech #820206529

asserts that "there simply is not one iota of truth" in our editorial statement that aliens and even naturalized citizens would be liable to deportation under his bill "often arbitrarily and capriciously without judicial review and in some cases without so much as an administrative hearing." Section 252 (b) of the Walter bill authorizes immigration officers to deport without a hearing alien crewmen who were permitted to land in this country and overstayed their leave here. Section 273 (d) authorizes deportation without a hearing for stowaways. Section 242 (f) provides that an alien who. once deported. illegally reenters the United States may be deported without a hearing. although under existing law he would be entitled to a hearing. While it is true enough. we presume. that in most cases falling within the categories outlined above. aliens would not deserve to be allowed to stay in the United States. we think the method of dealing with them under the Walter bill is needlessly arbitrary. A hearing should be provided in every case. in our judgment. to determine if there are mitigating or extenuating circumstances or if justice. in a particular instance. should be tempered with mercy. a hearing should be provided. also. because denial of it runs counter to the spirit of American law. Representative WALTERS bill does indeed. as he points out. reinstate part of the Administrative Procedure Act from which immigration proceedings were exempted by Congress in 1950. The bill does not. however. in our judgment. reinstate in full effect the decision of the Supreme Court in the case of Sung v. United States. It does not provide for a hearing by independent hearing officers. it provides only for a hearing by special inquiry officers who are employees of the Immigration and Naturalization Servicea significantly different thing.