President. I know of no good reason why the amendment should not be automatically accepted by the sponsors of the bill. As I hope to prove before I finish my discussion. the immigration committee of the American Bar Association has given the matter very careful consideration. and testimony before committees of the Congress leaves no room for doubt as to the soundness of the position of these distinguished lawyers as to the need for such an amendment as that which I have proposed. Mr. President. important sections of S. 2550 are opposed by a committee of the American Bar Association. A representative of the American Bar Association appeared in opposition to the version of this bill when it was numbered S. 716. The immigration committee of the administrative law section of the American Bar Association filed a list of seven objections to S. 2550 and its companion bill. H. R. 5678. with members of the Judiciary Committee. These objections are as follows: First. that section 242 (b) of Senate bill 2550 does not provide for independent hearing examiners in deportation cases as required by the Supreme Court in Sung v. McGrath (339 U. S. 33). Senate bill 2550 provides for a special inquiry officer who may be an investigator or prosecutor for the Immigration Service one day and a hearing officer the next. provided he has not investigated the case he is hearing. In the very case that he hears. the special inquiry officer will be required to develop the case against the alien and then sit in judgment. In addition. contrary to sections 5 and 11 of the Administrative Procedure Act. the special inquiry officer will be subject to the control of district directors and assistant commissioners in the Immigration Service who engage in investigative and prosecuting functions. We all know that a man who has buried himself in one side of an issue is disabled from bringing to its decision that dispassionate judgment which AngloAmerican tradition demands of officials who decide questionssee Senate Document 8. Seventyseventh Congress. first session. page 56.
Keywords matched
Immigration immigration deportation