Speech #870078229

The bill would prevent this completely. without depriving aliens of any constitutional rights. Second. Aliens ordered deported will be required to start their judicial review action within 6 months. This prevents a deportable alien from waiting around while the Government is trying to obtain a passport to accomplish his deportation. This may take years. Meanwhile. he does nothing but wait until he is directed to appear for deportation. Then he starts his lawsuit and obtains more delay through the courts. This bill would require the suit to be started within 6 months after he is ordered deported. thus preventing the alien from waiting until he finds it convenient to start the lawsuit challenging the deportation order. Third. A deportable alien. under this bill. will have an automatic stay of deportation. unless the court otherwise directs. It is hoped. indeed. that the courts of appeals will be very circumspect in granting such stays. as distinguished from district courts which are overwhelmed with work of various types. which prevents the judge from having enough time to look into the facts of the case closely when he is requested to issue a restraining order. Fourth. The Federal courts which are very congested today will be relieved of a great burden. under this bill. because excluded aliens will be restricted to habeas corpus proceedings instead of cluttering up the courts with lawsuits to test their claim of admissibility to the United States. Deportable aliens will have to bring their action in courts of appeals. instead of the various district courts where they are now bringing the actions. Furthermore. the deportable alien will have to bring the suit in the vicinity where he lives or where the deportation proceeding was conducted. He will not be able to shop around. as at present. and start his suit against the Government in a court such as in the District of Columbia. for example. where the calendar is very crowded so that he gets the benefit of the delay in being reached for trial. Fifth. Most important. the bill prevents repetitious court actions when the legal issues have once been previously disposed of. As I said before. I am not impressed by any suggestions that it is only a few aliens who misuse the courts to prevent their deportation. On the contrary. it is exactly that comparatively small number of aliens who are the subversives. racketeers. and gangsters that we must get rid of. The fact that the United States wins most of the court actions instituted by these aliens does not affect the necessity for this legislation. On the contrary. the success of the United States in the litigation Is merely proof that most of the aliens who are contesting deportation have nothing but frivolous claims. What is important Is to expedite the final decision on any such claim. once and for all. I sincerely hope.