Speech #840199168

Mr. President. this 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. 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 adopts 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 3 cases involved in this resolution. the Committee on the Judiciary has carefully reviewed all the facts. In 2 of the cases included in the resolution. the aliens involved are the spouses of United States citizens. and are. therefore. entitled to nonquota status in the issuance of visas. and may have their status adjusted administratively without the necessary quota deduction as provided for under section 244 (a) (1) of the Immigration and Nationality Act. In the remaining case. the committee could not find sufficient equities present to make a finding that the deportation of this alien would result in exceptional and extremely unusual hardship to him. The alien is a national of French Indochina. who remained in the United States after having been admitted in transit to reship foreign. While he meets the residence requirements of the Statute. the committee was unable to find any other fact which would justify granting this extraordinary form of discretionary relief. In the report of the Committee on the JudiciarySenate Report No. 1137. 82d Congressissued in connection with the Immigration and Nationality Act. the committee stated with reference to the suspension of deportation procedure thatThe 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. These 3 cases are among 400 cases referred to the Congress during the 1st session of the 84th Congress. under section 244 (a) (1).