Speech #850139063

R. 8123 and the counterpart in the other body. I wish to take this occasion to invite attention to one other recommendation contained in the report of such committee. At the bottom of page 4 of the report of such subcommittee we find the following quotation: It is recommended that the practice of admitting alien sheepherders under special legislation should be discontinued and that the problem of supplying legitimate needs of the American sheepraising and woolgrowing industry. should be met administratively under existing law. specifically under section 101 (a) (15) (H) (ii) of the Immigration and Nationality Act. which section is being used for the purpose of supplying other branches of the American economy with needed workers. It does not appear necessary that the importation of a relatively small number of sheepherders from Spain should be regulated by intergovernmental agreements similar to an agreement under which a much larger number of Mexican workers are entering the United States. This report and recommendation thereof are being ignored by the Immigration and Naturalization Service in practical effect. The need for such workers is admitted in such report. In spite of that fact it appears that the Immigration and Naturalization Service is not taking those steps which would make possible the admission of the necessary workers. This situation I feel to be a direct contravention of the recommendation of a committee of Congress and I would hope that the Judiciary Committee of the House would seek to correct the actions of such Service. The Immigration and Naturalization Service has delegated to the Labor Department the job of determining the need for temporary entrants under said section 101 (a) (15) (H) (ii). The Labor Department has flown in the face of the House committee in denying determination of need and has refused to certify the admission of any Basque sheepherders on the basis of a domestic labor shortage. This decision is patently erroneous and the decision of the Labor Department should be amended. however the Labor Department is not the pressure point in this situation. Its activities merely represent a voluntary submission to it of a question of fact by the Immigration and Naturalization Service. The Immigration and Naturalization Service should either ignore the recommendation of the Labor Department on this particular issue or should delegate the factfinding duty to the appropriate State employment agencies. Unless such action takes place the wool and sheep industries in California and other States will be in desperate trouble. Some favorable action has to occur immediately and I invite the attention of the chairman of the House Judiciary Committee. the distinguished gentleman from New York. to this situation which. in a sense. amounts to an affront to his committee by an arm of the executive branch of our Government.