Speech #850273035

Speaker. this legislation is long overdue. The Congress owes the American people the enactment of this bill as a measure of selfdefense and reassertion of the peoples inherent right to refuse to extend hospitality to those who skillfully use the American legal system for the very. purpose of attempting to destroy it. This le:islation will put order in a field wher. the ability to pay high attorneys fees for thwarting the administration of our immigration laws has produced chaos. skillfully exploited by the most r.ndesirable alien element. No one will be deprived of his day in court under thi.: bill. No one will be able. however. to keep returning to various courts under the most frivolous and most arrogantly raised claims delaying indefinitely the time when the United States could terminate its hospitality to its enemies arid illbehaving guests. Section 10 of the Administrative Procedure Act declares that every person suffering a legal wrong by reason of any agency action shall be entitled to judicial review thereof. No form of judicial review is specified in the statute. Section 10 (b. declares that the form shall be any "special statutory review proceeding relevant to the subject matter in any court specified by statute." There never has been a special form of judicial review specified for review of deportation or exclusion orders. Historically. an order for the deportation of an alien could be challenged in the courts solely by habeas corpus proceedings. available to the alien only after he had been taken into custody. In recent years. as a result of judicial decision. -t has become possible for aliens to obtain judicial review of an order of deportation upon its issuance. An equally dihided Supreme Court. in January 1954. affirmed per curiam a holding that deportation orders issued under the Immigration and Nationality Act of 1952 are reviewable in actions for declaratory judgments as well as by habeas corpus. This was Brownell v. Rubinstein (346 U. S. 929 (1954)). Later. the Supreme Court held that deportation orders entered under the Immigration and Nationality Act of 1952 can be judicially reviewed in actions for declaratory and injunctive relief under section 10 of the Administrative Procedure Act. This was decided in Shaughnessy v. Pcdreiro (349 U. S. 48 (1955)). The purpose of this bill is to set up a special form of judicial review of deportation orders. exactly as is contemplated by section 10 of the Administrative Procedure Act. Furthermore. the bill specifies the court in which such action shall be brought. Nothing contained in the bill is. or can be. designed to prevent an alien from obtaining review by habeas corpus.