Speech #830100635

The gentleman from Massachusetts is correct. By the very nature of this bill. and by its very title. it is an emergency immigration act. Let me say that never before have we had any displaced persons legislation before this Congress which has all the protections contained in the McCarranWalter Act because you will recall the McCarranWalter Act did not actually become a law until last December. So in no way is this emergency legislation designed to destroy. impede. or interfere with the McCarranWalter Act. In fact. it draws on it for much of its protection. A comment was also made by a previous speaker on page 10. line 11. of the legislation before us. that there is language there which would shift the burden of proof from the immigrant who wishes to take advantage of this legislation to the Government. In other words. if the immigrant established a very meager case. the inference drawn from the remark was that the burden would then shift to the Government to try to disprove what the immigrant had said. At no point in this legislation does the burden of proof shift from the immigrant who wants to take advantage of this act to the Government. At no point does it so -affect the McCarranWalter Act. If you have had an opportunity to read the McCarranWalter Act. section 291. with reference to the burden of proof. you would note that it says: Whenever any person makes application for a visa or any other document required for entry. or makes application for admission or otherwise attempts to enter the United States. the burden of proof shall be upon such person to establish that he is eligible to receive such visa. That is exactly the same provision which is contained in this act. The burden is on the individual to prove and to establish that he is worthy. that he can meet all the requirements of the bill.