Speech #870078229

Speaker. it is my belief that the Congress owes the American people the enactment of this bill as a measure of reassertion of the Nations inherent right to terminate its hospitality to its enemies and misbehaving guests. The enactment of this legislation will put an end to the mockery of our judicial process and to the perversion of the constitutional right of "due process" through which the worst alien element. the subversives. the gangsters. and the racketeers are able to prolong their stay in this country. This legislation will put order in a field where various judicial decisions have created chaos skillfully exploited by the most undesirable aliens who have a sufficient supply of money permitting them to thwart deportation orders by going from court to court tying up the hands of the Department of Justice and preventing enforcement of the law. No person will be deprived of his day in court under this bill. but no one will be able to keep returning to various courts under the most frivolous and most arrogantly raised claims delaying the time when the United States could rid itself of people who have no right to remain in this country. I agree with my three colleagues who have submitted dissenting views attached to the report on this legislation when they state that the bill will affect a very limited number of aliens and will probably be applicable in no more than about 2 percent of the deportation cases. Yes. it is true that the bill will affect a small number of aliens. But it will affect those who do not use judicial review in good faith to correct an administrative error but who use it repeatedly and interminably for the sole purpose of remaining in the United States during the pendency of the neverending litigation. This bill does not prevent any alien from seeking judicial review of administrative orders of deportation. On the contrary the bill. strictly in accordance with the spirit and intent of the Administrative Procedure Act. sets up a special form of judicial review for that purpose. It sets up a single. expeditious. and fair method of judicial review in accordance with the well tested act of December 29. 1950. which provides for the judicial review of orders : ssued by the various Federal agencies. This is something that has long been lacking in the field of enforcement of our immigration laws. It is precisely this deficiency which permitted the hardened Communist agent. Heikkila. to delay his deportation since January 4. 1948. until his death in 1960. I might add. however. that his widow now continues the litigation. Similarly. the enactment of this bill will prevent a convicted narcotics peddler and racketeer. Marcello. from delaying his deportation ordered in 1952 and remaining until this day in Louisiana. There are other similar cases listed in the committee report and there are more listed in the CONGRESSIONAL ]RECORD of July 6. 1959. which is the date on which the House passed the bill the last time. Historically. an order for the deportation of an alien could be chal.enged 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. it has become possible for aliens to obtain judicial review of an order of deportation upon its issuance. An equally divided 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 udicially reviewed in actions for declaratory and injunctive relief under section 10 of the Administrative Procedure Act. This was decided in Shaughnessy v. Pedreiro (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.