Speech #820214116

Our bill provides an added protection in connection with this provision. Each such case which is approved administratively. must be reported to Congress. The foregoing provision. which is also proposed by the omnibus bill itself. was found desirable as a result of experiences under the operation of the Internal Security Act amendments to our immigration laws. We found ourselves excluding from entry into the United States many proven cases of antiCommunists under a law which was intended to exclude subversives. It nearly stopped all immigration from Italy. It prevented bona fide ironcurtain refugees from entering the United States solely because at one time in the past they have been compelled to be members of Communist organizations. It is for this reason that the Senator from Nevada is in agreement with us that this provision of lEwv is necessary to correct injustice and to treat antiCommunists fairly and properly. Sixth. Finally. the amendment would restore the Administrative Procedure Act. The Senator from Nevada. who played such a distinguished role in developing the Administrative Procedure Act. in his omnibus immigration bill seeks to accomplish this same purpose. However. the American Bar Association believes that his bill fails to do so. In simple. unmistakable language. our amendment accomplishes what the Senator from Nevada attempts to do in the course of his 302 pages. but may not have achieved. The Administrative Procedure Act was designed to bring imrpartial administrative justice to Government agencies. to prevent the same man from being prosecutor and judge. from being investigator one day and a judge the next. The McCarran bill would permit commingling of functions by not requiring a complete separation between prosecutor and judicial functions in the immigration service and by not providing for independent examiners who are not subject to supervisors who engage in such investigating or prosecuting functions. S. 2343 maintains the impartial justice required of administrative agencies by the Administrative Procedure Act. Mr. President. S. 2343. which is in the nature of a substitute. would revise the immigration and naturalization laws to accomplish needed reforms. It would do it in simple language which everyone can understand. It would do it in a proposal without hidden booby traps. Whatever is proposed in our bill is out in the open where it can be seen by all. Our bill does not claim to be one thing and turn out to be another. If my colleagues here today are really interested In removing discriminations from our immigration and naturalization laws and in the fair administration of these laws. they should vote for this amendment.