Speech #840082951

Accordingly. only 154 Greeks can come here each year instead of the very low 308 figureand the Greek quota is already oversubscribed for the next 58 years. Latvia quota is reduced by half for the next 320 years. So. if a Latvian applied for n visa today. and assuming that it can be met and complied with all security regulations and screening. he would have to wait until 2275 A. D. in order to receive his visa. The Polish quota is oversubscribed and mortgaged for the next 45 years. Another gross inequity is that Congress had made past convictions for crimegrounds for deportationdespite the fact that the Constitution of the United States plainly provides that no ex post facto law will be passed. Thus. a man who committed a crime years ago and has paid his debt to society. or a man who 30 or more years ago was a member of an organization which is now prescribed. and at a time that membership In such organization was perfectly legalmay now find himself facing deportation. even though he may be married and have a wife. children. and grandchildrenall citizens of the United States and all residing here. Families are disunitedhomes are broken upsometimes for no real reason whatsoever. When the alien cries out that such deportation statutes plainly violated the constitutional prohibition against ex post facto laws. the answer he gets is that the ex post facto clause in the Conistitution only refers to criminal lawsand that deportation. no matter how severe. is not punishment in a criminal sense. What could be more criminalwhat could be greater punishmment than that inflicted upon an alien who suffers deportation from his countryfrom his familyfrom everything he has lived and worked for. and to be sent physically and forcibly to an entirely strange and foreign land in which he has no relatives and no family ties? As a matter of fact. under our present immigration law. even failure on the part of an alien to register or to have on his person at all times his registration card may submit him to deportation proceedings. This brings us to another Inequitythe creation in the McCarran Act of a conditional secondclass citizenship. Thus. even after an alien is naturalized and becomes a citizen. he is subject in some cases. to loss of citizenship if he is absent from the United States for over 3 years and. in some instances. 5 years. A naturalborn citizen. on the other hand. loses his citizenship only by actually renouncing itby declaring allegiance to a foreign country. by serving in foreign asmed forces. or for such reasons generally. This wegiveittoyouwecantakeitaway idea is not consonant with basic American concepts of fair play. honesty. and integrityand has irreparably harmed us in many ways. Another inequity is to be found In the tightening up of the requirements that permit an alien with close family ties to remain in the United States by applying for suspension of deportation. Before the present law. an alien here illegally. in that he overstayed his visa. such as a visitor or a student or seaman. and who had a United Statescitizen spouse. child or parent who would suffer a serious economic detriment by the aliens deportation. could upon proof that he was a person of good moral characteradjust himself and his immigration status into that of a legal resident alien. Now. such an alien finds it almost impossible to do this. He now must prove that his deportation would result in an exceptional and extremely unusual hardship to him or to the members of his family. As the Government has stated. "only in a case where an aliens deportation would be unconscionable would consideration be given. This shows the antialien attitude and the climate of mistrust and distrust that exists. instead of a sympathetic. understanding feeling of help for the worthy alien with closelyknit family ties in this country. Another inequity is the feature that permits representatives of the Attorney General in deportation proceedings. known as Special Inquiry Officers. to make the investigation. present the case. hear it and make a decision. This unlawful combination of enforcement and judicial powers within one agency violates the basic principles of a fair and unbiased hearing. There should be a complete separation of those who investigate and prosecute and those who sit in judgment. Let us refer to the findings and recommendations of the Hoover Commission on this question. The report states that Special Inquiry officers now perform an essentially judicial function. In deportation proceedings for example. such officers are required to conduct the hearing. present and receive evidence. rule upon all obA5262 jections to the introduction of evidence on motions made during the course of the hearing. render a decision based upon reasonable. substantial. and probative evidence. exclude from the record any evidence that is irrelevant. immaterial. or unduly repetitious. If it appears at the hearing that the alien may be deportable on grounds other than or in addition to those stated in the warrant of arrest. to lodge additional charges and prepare a written decision which shall set forth a summary of the evidence adduced and his findings of fact and conclusion of law as to deportability. Yet. these special inquiry officers are. for the most part. unqualified to perform legal or judicial functions. Of the 90 special inquiry officers serving as such. only 24 have had some legal education and of that number only 19 are attorneys.