Mr. President. it is obvious that one cannot blow both hot and cold with the same breath. The argument against the provision for the creation of a Board of Immigration Appeals is that it would establish within the Department of Justice a board which would be able to review the decisions of even the Attorney General himself. However. the proposed Bureau of Security and Consular Affairs. to be established for the purpose of protecting us from infiltration. itself would supersede those particular functions of the Secretary of State and the consular officers. and would be an independent bureau within the Department of State. If we are not to have the Board of Immigration Appeals. then I could say that really there ought not to be the Bureau of Security and Consular Affairs. I do not say that. but at least there is a similarity here which I think ought to be realized by the Members of this body. What we are attempting to do in immigration matters is to provide that. when rules and regulations have been issued and when the immigration officer has acted in a case involving an immigrant. the immigrant shall have a place to which to appeal. This Appeals Board is a unit within the Department of Justice. a unit which is separate and distinct. indeed. from the Attorney Generals discretionary powers. It is for all practical purposes a court. so far as the Secretary of State is concerned. Concerning the Bureau of Security and Consular Affairs. let me read the following language: SEc. 104. (a) The Secretary of State shall be charged with the administration and the enforcement of the provisions of this act and all other immigration and nationality laws relating to (1) the powers. duties. and functions of diplomatic and consular officers of the United States. except those powers. duties. and functions conferred upon the consular officers relating to the granting or refusal of visasAnd yet through this bill. we create the Bureau of Security and Consular Affairs.
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