Speech #840080806

Mr. President. the resolution deals with cases in which the Attorney General has exercised the discretionary authority granted to him under the Immigration and Nationality Act to suspend the deportation of certain deportable aliens pursuant to section 244 (a) (1) of that act. The cases involved are among those referred to the Congress by the Attorney General for its approval. I should explain at this point that all such cases are referred to the Congress by the Attorney Generals Office. because that Office cannot finally defer the deportation of the aliens involved. until Congress has considered the cases. All of the cases have met the approval of the Attorney Generals Office. and that Office would like to have the deportation of these aliens deferred. Under the procedure prescribed in the act. the action taken by the Attorney General becomes final unless either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the suspension of deportation within the session of Congress in which the cases are referred or in the session next following. In the 2 cases involved in this resolution. the Committee on the Judiciary has carefully reviewed all the facts connected with the cases of the 2 aliens involved and has concluded that. on the basis of the record. there are insufficient equities present to make a finding. as required by the act. that the deportation of the aliens would result in exceptional and extremely unusual hardship to them. Both cases involve seamen who are nationals of China and who deserted their vessels after arriving at ports in the United States. While they meet the minimum residence requirements of the statute for the discretionary relief. the committee was unable to find any other factors which would justify granting this extraordinary form of discretionary relief. In the report of the Committee on the Judiciary (S. Rept. 1137. 82d Cong.) issued in connection with the Immigration and Nationality Act. the committee stated with reference to the suspension of deportation procedure: The bill accordingly establishes a policy that the administrative remedy should be available only in the very limited category of cases in which the deportation of the alien would be unconscionable. Hardship or even unusual hardship to the alien or to his spouse. parent. or child is not sufficient to justify suspension of deportation. In these two cases. out of a total of 301 referred to the Congress. one alien has a wife and five children residing in Hong Kong. and the other alien is unmarried with no close relatives or dependents in this country. Under those circumstances the committee could find no justification for favoring the suspension of deportation of the two aliens involved.