Speech #840087088

Mr. Speaker. the case of Jane Edith Thomas has highlighted an inequity in our immigration laws that should be corrected. I have today introduced. for appropriate reference. a bill to obviate the senseless trip to Canada now required of aliens in the United States who are otherwise fully eligible to remain here. Jane Edith Thomas is a 4yearold girl born at the American hospital in Trieste in 1951. Her father. an American citizen. was a member of the Armed Forces stationed in Trieste. Janes parents are now back in the United States. having brought Jane with them under a visa issued by the United States consul at Venice. Now it turns out that technically Jane is not yet a United States citizen and hence must be deported to Canada. although she can then. after cooling her heels in the land of our neighbors to the north. reenter this country under a valid visa and in due course gain her United States citizenship. No earthly purpose is served by putting a 4yearold girl to the trouble of a trip to Canada. and her parents to the expense and worry of such a trip. Of all the needlessly harsh features of our immigration laws. none is more absurd than that which makes it necessary for an alien in the United States to make a special trip to Canada to secure an immigration visa in order to obtain permanent residence here. This makeshift procedure is resorted to by aliens in this country who desire to remain here. but have not been admitted for permanent residence. where they meet all the qualifications for admission as immigrants. and for whom a quota number is available if required. There is no explicit statutory provision which prescribes or authorizes this practice. It is an expedient devised by the Immigration and Naturalization Service to legalize the status of aliens who otherwise would have to leave the country or be subject to deportation. To understand the situation. it is necessary to review the history of this method of adjusting the status of aliens. which is known as preexamination procedure. It was instituted by administrative regulation in 1935. after an agreement was reached with the Canadian Government whereby certain aliens would be granted entry into Canada temporarily for the purpose of applying to an American consular officer for an immigration visa to the United States. The United States authorities agreed to receive the alien back into this country if he was denied an immigration visa. In certain cases an alien who wished to have his status adjusted was examined by the immigration authorities in this country to determine his eligibility for admission. If found eligible and if a quota number was available for him. he was permitted to go to Canada. obtain an immigration visa from the American consular office there. and return to the United States. Although originally intended as a temporary arrangement pending enactment of legislation by Congress. this "preexamination procedure" was continued after Congress made provision in 1940 for suspension of deportation in specified hardship cases. To obviate the need for this cumbersome procedure. a provisionsection 245was inserted in the Immigration and Nationality Act of 1952 authorizing certain aliens lawfully in the country as nonimmigrants to obtain an adjustment of status to that of persons admitted for permanent residence by petition to the Attorney General. Unfortunately. this provision does not go far enough. It applies only to a limited class of aliensthose who have entered as bona fide nonimmigrants and who continue to maintain that status. and for whom a quota or nonquota immigration visa is immediately available. If affords no relief if there has been any irregularity in the admission of the alien. even a technical error for which he is not responsible. A person admitted as a citizen cannot obtain an adjustment of status if it is found that his parents had lost his citizenship or could not transmit citizenship under the highly technical provisions of the Nationality Code. Nor is this procedure available to aliens who through misunderstanding of our laws. fear of persecution in their native country. or for other reasons overstay the period of their admission. Because there are so many meritorious cases for which section 245 of the Immigration and Nationality Act provides no remedy. Congress has been flooded with private bills to adjust the status of individuals. To lighten this burden on Congress. and to avoid the necessity of deporting aliens who have proved themselves to be desirable residents. the Commissioner of Immigration and Naturalization recently revived the preexamination procedure. While this is less harsh on a meritorious alien than deportation. to require him to go to Canada to pick up an immigration visa after he has been found admissible for permanent residence serves no useful purpose whatever. It imposes a wholly unnecessary financial burden on the individual. In many cases. especially with respect to elderly persons. it constitutes a physical hardship as well. one which may endanger their lives or health. The bill I have today introduced would extend the present remedy for adjustment of status by the Attorney General to all cases where the alien is found admissible for permanent residence if a A5440 quota number is immediately available to him or if he is admissible as a nonquota immigrant. Such a provision would in no way weaken our control over aliens. It would be no obstacle to the deportation of undesirable aliens. Nor would it enable the alien who comes to the United States as a visitor to obtain a preference over persons in foreign countries who have applied for. and are waiting to receive. quota numbers. The Attorney General would be authorized to grant permanent residence to a quota immigrant only if he could obtain a quota number. Furthermore. the adjustment could be made only where. after a thorough examination. the alien was found to fulfill all requirements for admission as an immigrant. The only substantial change I propose to make is to permit the adjustment to be made without a useless trip to Canada. after the Attorney General determines in accordance with the procedure prescribed by statute that the alien is entitled to the relief now obtained by this roundabout procedure. This change will be a benefit both to the alien and the Government.