Speech #820215196

These are the effects of the McCarran bill in regard to who can become a citizen. Let me state also the effects of the bill on those who have become citizensthe effects of the bill on the law of denaturalization. Fundamental changes are made. and I believe they are unmitigatedly dangerous to the welfare and security of all naturalized citizens. At page 45. the committee report admits that section 340 (a) proposes a *major change in the law of denaturalization. Denaturalization need no longer be limited to cases of "fraud and illegal procurement." Henceforth. under the McCarran bill. It will be enough to show procurement of naturalization by "concealment of a material fact" or by "willful misrepresentation." The reason for this change is candidly stated in Senate Report 1515. Eightyfirst Congress. to which the present committee report refers. At page 769 of that report. the reason given is that concealment of a material fact is "more easily proven" than fraud. This is hardly a legitimate reason to change the law so as to threaten the citizenship of all those naturalized in the future. Almost any factas to age. as to a street address years ago. as to conduct and activities over many years In the pastis material under the McCarran bill. Under the new section. naturalized citizens will throughout their lives remain subject to denaturalization. We cannot make good citizens out of people who live in jeopardy of losing their citizenship because of some unwitting or technical act. Still other changes in the law are proposed by the McCarran bill. Some naturalized citizens will be denaturalized without a hearing and by administrative action. In cases where the aliens record of lawful admission is based on an adjustment of status. for instance. a change from the status of nonimmigrant to the status of quota immigrant. the Attorney General will be able within 5 years thereafter to revoke the adjustment if he finds to his satisfaction the alien was ineligiblesection 246. No hearing will be necessary. there will be no right to be heard. there are no standards for the Attorney Generals decision. The McCarran bill allows the Attorney General to revoke the status if he is satisfied that the alien was ineligible. If that alien has in the meantime been naturalized he will be subject to denaturalization as a person who concealed a material fact. though the original error for which his adjustment was revoked was an error of law by the Attorney General himself. The HumphreyLehman bill requires a hearing before the Attorney General can undo the status on which the naturalization was grounded. The McCarran bill also affects the proceedings in court for denaturalization. Those aliens who become the subject of denaturalization proceedings will not be entitled to due process. Once the denaturalization proceedings begin. the present law and the McCarran billsection 340 (b) -provide that if he is absent from the district. service of the legal papers may be made on him by advertising. even though his actual address is known. Many naturalized citizens are abroad at the time of the denaturalization proceedings. and I submit that service by publication is a denial of due process. In the case of Mullane v. Central Hanover Bank and Trust Co. (339 U.