Speech #870304743

Instead of the amendment to section 249 which was contained in section 4 of this bill as it was passed by this body. the conferees agreed upon an amendment to the present section 244 of the act. No person who would have been eligible for administrative relief under section 249 as the Senate proposed and amended it. would be excluded from consideration for relief under section 244 as the conference report now proposes to amend it. Section 244 as amended would permit aliens who have been physically present in the United States for 7 years. or. in more serious cases. for 10 years. to apply to the Attorney General for a suspension of deportation as under present section 244. The alien would have to show a specified degree of hardship to either himself or his spouse and children if he were to be deported as required by law. Should the Attorney General believe the application meritorious. he would recommend suspension of deportation to the Congress as under present law. and the Congress by resolution could approve the recommendation. suspend the aliens deportation. and adjust his status to that of permanent residence. Mr. President. I would have personally preferred a suspension of deportation provision which would have made available to those eligible a completely administrative remedy. rather than bringing the Congress itself into the process. I do not see any reason for the Congress. when enacting legislation of a general nature in the immigration field. to inject itself into its administration on a casebycase basis. Such a procedure simply makes for unnecessary labor within the respective committees of the Congressalmost as much labor. indeed. as would be involved if the problem were to be handled through private bills. which presumably the general legislation is designed to curb or eliminate. The conference amendment to section 244 does have at least one advantage over the earlier Senatepassed amendment to section 249. Section 249. as the Senate proposed to amend it. would have applied only to aliens who entered the United States prior to December 24. 1952. The conference version of section 244. on the other hand. has continuing future applicability to any alien who can satisfy either the 7- or the 10year physical presence requirement in addition to the other criteria for suspension of deportation. On balance. this continuing applicability of section 244 persuades me that the conference proposal is certainly not so objectionable that it should stand in the way of approval of this conference report. I believe all those who worked to obtain enactment of this measure in these last days of the Congress deserve commendation. There was every likelihood until very late in the session. that no immigration bill would be considered by the Congress before adjournment. This would have been most unfortunate and I am very pleased that at least this measure has been approved. It does not begin to resolve all of the inequities in the present law. but there is no doubt that it will provide relief in many worthy cases.