Speech #820209428

The Senator Is making reference to two cases which are. of course. of basic importance to the whole immigration policy of our country. Those two cases refer directly to the matter of hearing. which is a part of the due process of law under the Constitution. and also under the Administrative Procedure Act. which act was fathered in large part by the Senator from Nevada . I think it should be noted at this point that one of the really serious blows to constitutional protection involved in Senate bill 2550. the McCarran bill. is the manner in which the hearing process is denied or completely pushed aside. and the manner in which the Administrative Procedure Act is adulterated. and at times completely ignored. I wish to make it perfectly clear for the RECORD that the Congress of the United States thought it was taking a forward step in the Administrative Procedure Act. which requires hearings. and which affords opportunity for counsel for those who wish to be heard. After the Congress has made that forward step. the McCarran bill reverses it. so far as immigration is concerned. In other words. the Constitution is tossed out the window when it comes to an alien. and. at times. even with respect to naturalized citizens. Furthermore. the point which needs to be emphasized in reference to Senate bill 2559 is that the authority over immigration frequently is vested entirely in the Attorney General and based upon the opinion or the view of the Attorney General. It is a strange thing to me that Members of Congress who have been so averse to the concentration of power in an executive officer. without any review whatsoever. should suddenly vest in an executive officer powers which are unknown in any other part of American law. I submit that very little or no evidence can be presented showing that the Attorney General has ever been given such broad powers as are proposed to be given him under the socalled McCarran billpowers which affect not only property. but the lives of indiciduals.