Speech #870078257

The result of the distance. additional expense. and all the other factors could and undoubtedly would deprive the vast majority of aliens who might have a bona fide ground for judicial review of their day in court. Third. The requirement that an action to secure judicial review must be instituted within 6 months of a final order of deportation. According to the provisions of H.R. 187. habeas corpus would be available when the alien was in custody. but other petitions for review would have to be filed not later than 6 months from the final order of deportation. I am sure that all of my colleagues have received pleas from aliens for private legislation on their behalf. Many times the alien turns to us as a last resort. Frequently his desperate plea reaches us well after 6 months from the final order. During that time the alien has perhaps appealed to the Immigration Board of Appeals. has petitioned the Service for extensions. requested a waiver of Public Law 555. or has pleaded hardship or physical persecution. The point is that there are various administrative remedies available to the alien after a deportation order. To enact this provision would force many aliens to immediately appeal to the courts for fear that administrative relief would take longer than 6 months. This provision would unduly burden the courts and reduce the rights of aliens. It would serve as a trap for the unwary alien not alert to this legal requirement who would be estopped from seeking judicial review after 6 months from the date of the deportation order. Fourth. H.R. 187 also contains language making the principle of res judicata applicable to petitions for review and habeas corpus proceedings. The committee on Federal legislation of the Association of the Bar of the City of New York has questioned the constitutionality of this section. although it is not a bar to further consideration. H.R. 187 deserves our closest scrutiny for it affects basic rights of people. For the alien within our borders or for the person seeking to enter this land of freedom. the immigration laws determine his future and that of his family. I believe that in many ways our present immigration laws fail to live up to our countrys past as a refuge from tyranny. oppression. and poverty. In 1903 the Statue of Liberty in New York City was inscribed with these words: "Give me your tired. your poor. Your huddled masses yearning to breathe free.