Speech #860087205

Mr. Speaker. this bill provides for the reclassification of close relatives of U.S. citizens and aliens admitted lawfully for permanent residence in this country into the three preference portions of the immigration quotas as such preferences were established under the basic immigration code enacted in 1952. Close and continuous scrutiny of immigrant visas issuance by the Department of State. as well as conclusions drawn from the review of individual cases covered by private legislation referred to our committee. has indicated the advisability of reclassification of the unmarried sons and daughters. over 21 years of age. of U.S. citizens. Under this legislation they will benefit from second preference status now available only to parents of citizens of the United States. Section 1 of the bill under consideration is designed to achieve that purpose. Section 2 of the bill would grant third preference status to the unmarried sons and daughters. over 21 years of age. of lawfully residing aliens. This proposalparallel to the one I just discussedis similarly based on the belief that such unmarried children. although not minors. still belong to the family unit. Section 3 of H.R. 5896 would permit the immigrant who is classified in the fourth preference category to bring with him his spouse and his minor children. avoiding the immigration of family units in two steps. Under existing law. the beneficiary of a fourth preference classification. and that means the brother or the sister or the adult married son or daughter of a U.S. citizen. has to come to the United States first and then undertake to petition the Attorney General for third preference status in behalf of the members of his immediate family. As a consequence of this proposed change. the permissive maximum utilization of immigrant visas available under each immigration quota for the use of fourth preference immigrants is proposed to be raised from 25 to 50 percent. None of the amendments which I have just discussed would result in the increase of any of the immigration quotas. Prior to the enactment of the Immigration and Nationality Act no preferences were provided by the immigration laws for brothers. sisters. and adult children of U.S. citizens. Similarly. no preferences were provided for spouses and minor children of aliens permanently residing in the United States. A considerable number of prospective immigrants remains registered under registration dates earlier than December 24. 1952. the effective date of the present law. although preference status was made available to them under the 1952 act. It is considered equitable and in accordance with the generally accepted principles of the immigration laws pertaining to unification of families to enable the beneficiaries of the preference petitions filed by their relativeswithin the statutory limits of consanguinityto be reclassified into nonquota status if their names appear on consular waiting lists under a date earlier than December 24. 1952. This is achieved by section 4 of H.R. 5896. The amendment to this section includes into the nonquota category the accompanying spouses and minor children of the beneficiaries of the approved preference petitions. Section 5 of the bill. as now proposed to be amended. is technical in nature. It brings the procedure under which the Attorney General is authorized to approve preference petitions in accord with the rearranged preference provisions of the basic law. Its wording will also serve to correct one of the mounting number of misinterpretations of the law and congressional intent by the Board of Immigration Appeals which has improperly ruled regarding the eligibility for fourth preference of adopted sons and daughters. The matter of immigration of children adopted by U.S. citizens is dealt with in special legislation which is reviewed by the Congress from time to time. The statutory preferences established for blood relatives of U.S. citizens and lawfully residing aliens were clearly not designed to benefit minor or adult aliens adopted by U.S. citizens. The erroneous ruling of the Board of Immigration Appeals has considerably contributed to increase the volume of deliberate evasions of quota restriction by permitting the preferential entry of adult aliens adopted long after they reached their majority. However. in fairness to persons who depended on the Board of Immigration Appeals ruling and have heretofore successfully applied for preference status for their adopted sons and daughters. the amendment is prospective and not retroactive in its effect. The beneficiaries of preference petitions approved pursuant to the unfortunate ruling of the Board of Immigration Appeals will retain their immigrant status as granted by the Attorney General. but they will not be moved up to second preference as will the naturalborn sons and daughters of U.S. citizens under this bill. Section 6 of the bill is similar in nature to section 4 which I discussed a while ago and would serve to complete the operation of the Refugee Relief Act of 1953. as amended. by permitting the entry in a nonquota status of the members of the immediate families of those beneficiaries of the 1953 law who chose to come to the United States without their close relatives and now desire to have their families reunited. This is reasonable. fair. and equitable legislation. The Committee on the Judiciary unanimously recommends its passage.