Speech #850136736

Antonio SentnerMay 20. 1957. Lack of time compelled me to omit them from my last presentation of cases. Witkovich is an alien Communist illegally in this country who had been ordered deported in 1953. When the Government undertook to deport him to his native Yugoslavia. that country refused to take him back. We have in this category not only Mr. Witkovich. but several hundred other Communists under unenforceable deportation writs because their Communist homelands laugh at us md tell us to keep them. Under section 242 (D) of the Immigration Act of 1952 the United States Immigration and Naturalization Service is empowered to order any alien not deported within 6 months to report periodically to the proper authorities as to his activities. As behooves a dedicated Communist. Witkovich refused to give the Government the slightest cooperation. In October 1955. he was indicted "for refusing to answer questions about his activities. including whether he had attended Communist meetings since the deportation order was issued." The Department of Justice contended that national security would be jeopardized and the Governments effort to control subversive aliens as required by statute would be nullified. if aliens refused to comply with the law. Particularly so. if they persisted in carrying on subversive activities after they had been ordered deported. The Government also added that some 3.000 other deportation cases would be affected by the Witkovich ruling. The Supreme Court with only two Justices dissenting. held that the Immigration Act of 1952 must be "strictly construed." Notwithstanding the clear and unequivocal language of section 242 (D) the high court ruled that what Congress really meant when it wrote the law was merely that deportable aliens had to keep the authorities informed of their availability for deportation. This meant that an alien Communist illegally in this country could avail himself of every protection of the law. but on the other hand was under no obligation to obey the law with respect to ceasing further subversive activities. The Sentner decision Is pretty much of the same pattern except that it goes even further in protecting the "rights" of alien Communists with no legal right to be in this country. Mrs. Antonio Sentner was ordered deported. first. because she was in the country illegally. and second. because she had been proven to be a Communist after longdrawnout hearings and Immigration. Service proceedings. Under the law. the Attorney General ordered her to terminate her Communist Party membership while awaiting deportation. Again the Supreme Court with only two dissents ruled that the Government "lacked the authority to ban Communist activity by an alien who has been under a deportation order for 6 months." I need not labor this point. An alien illegally in this country is ordered deported because she was a proven Communist. The Supreme Court rules in effect that while this may be a legal cause for her deportation. the Government has no right to ask her to cease and desist from such Communist activity. As part of the picture of what the Supreme Court has done in the last few years to destroy countersubversive laws. administrative rulings. and other safeguards against internal subversion by a pattern of Communistfavoring decisions. I add two more cases.