Speech #880041306

Carpenter. 101 U.S. 135. 193 (1879) the Court explained: "Statutes of limitation are vital to the welfare of society and are favored in the law. They are found and approved in all systems of enlightened jurisprudence. They promote repose by giving security and stability to human affairs." The draftsmen of the 1952 act recognized that a statute of limitations was desirable in the field of deportation. but apparently considered that it should apply only to certain special grounds for deportation. In reporting the McCarranWalter Act. the conference committee stated "The conferees have provided for a statute of limitations * 0 * in accord with humanitarian principles. particularly in the case of aliens whose deportation would be based on mental disease or on economic distress." Nevertheless. while the 1952 act limits deportation for certain grounds. including those based on mental disease and economic distress. to acts occurring within 5 years after entry. the act contains no general statute of limitations. Even the 5year limita. tion on certain grounds for deportation is undermined to a considerable extent by the reentry doctrine. which computes the 5 years not from the original entry. but from the last entry made by the alien at any time. The operation of the deportation law in the absence of any limitations period is illustrated by Niukkanen v. McAlexander. 362 U.S. 390 (1960). In that case. a 52yearold man. employed as a house painter in Oregon. who had lived in this country since before his first birthday. and who had served honorably in our Army. was ordered deported on the grounds of parol evidence of conduct more than 20 years previous. We do not believe that the hardship to the individual in that caseand the hardship to his nativeborn American wifewas justified by benefits to society as a result of his deportation. The chief purposes of deportation are similar to two of the aims of the criminal law: to deter specified conduct. and to prevent its repetition (in this country). In our Federal criminal law a 5year statute of limitations is provided for practically all crimes (18 U.S.C. 3282). The exceptions to this general rule are crimes so heinous as to be punishable by death. such as murder. kidnaping. or treason (18 U.S.C. 3281). A commentator has discussed the purposes served by statutes of limitations in criminal laws as follows: "The primary consideration underlying such legislation is undoubtedly one of fairness to the defendant. There comes a time when he ought to be secure in his reasonable expectation that the slate has been wiped clean of ancient obligations. "Where the legislature puts a limit on criminal prosecutions. it recognizes the defendants special interest in not being compelled to put his freedom and his reputation at the hazard of what Is likely to be parol evidence of imperfectly remembered events. while at the same time it denies the social utility of punishing crimes long past" (63 Harvard Law Review 1177. 118586. 1950). The primary reasons underlying statutes of limitations in criminal cases seem to us equally applicable to deportation proceedings. We believe that society does not gain when persons are deported on the basis of long past events. and that considerations of fairness to the Individual common to all systems of enlightened jurisprudence call for the adoption of a statute of limitations applicable to deportation. Mr. President. the New York Bar Association endorsed the 10year limit of S. 551. but I believe that it makes an even better case for a 5year limitation. In addition. the same factors apply to proceedings brought to revoke citizenship from a naturalized citizen. Therefore. my bill provides that if the Government finds evidence that the individual misrepresented or falsified his record or otherwise was disqualified for citizenship. the proceedings to revoke that citizenship must be brought within 5 years after final naturalization.