One of the great democratic principles of AngloAmerican jurisprudence is that the same man shall not act as prosecutor and judge. Human nature being what it is. one cannot expect justice from a policemanprosecutor who sits as a judge. Yet. that is exactly what S. 2550 seeks from immigration officials. In Sung v. McGrath. the Supreme Court ruled that in deportation cases the law requires independent h3aring officers--officials completely detached from those who investigate and prosecute. What we have in the pending legislation is a proposal which runs directly counter to this Supreme Court decision. Senate bill 2550 now seeks to establish special inquiry officers to review deportation cases who will not be independent. They will be subservient to and dependent upon the immigration officers who investigate and prosecutesection 242 (b). If this bill becomes law. this feature of the bill will be attacked as unconstitutionaland it is unconstitutional according to legal opinions which have been given to meand if it is so declared. another 10.000 deportation orders will be invalidated. as occurred when the Sung case was decided. Thus confusionworseconfounded will be the byproduct of this bill if we permit it to be enacted into law. In a republic such as ours. we have no place for laws which permit arbitrary action and absolute discretion by administrative officers.
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immigration deportation