Speech #890004566

The Internal Security Act of 1950. a bill reported by this committee. contained provisions which barred aliens of certain types from admission to the United States either as immigrants or as nonimmigrant visitors. The Congress subsequently incorporated these provisions in Public Law 414 of the 82d Congress. generally known as the McCarranWalter Act or the Immigration and Nationality Act of 1952. Section 212. subsection (a). paragraphs (27) and (29) of that act classify certain types of aliens as inadmissible to this country and not subject to admission under provisions found elsewhere in the act. namely. paragraph (28) of the same subsection and paragraph (3) of subsection (d). Section 212. subsection (a). paragraph (28) of the act also classifies certain types of aliens as inadmissible. However. it contains a subparagraph (I) which grants to the Attorney General. on recommendation of the consular officer. the authority to issue them entry visas under certain conditions. This subparagraph provides. however. that their admission must always be "in the public interest." In addition. it applies only to aliens inadmissible under paragraph (28). Section 212(d) (3) grants the Attorney General. on recommendation of the consular officer or the Secretary of State. discretionary power to waive the inadmissibility of certain aliens described In section 212(a) except for those barred under paragraphs (27) and (29) of that section. Such waiver. however. applies only to temporary or nonimmigrant visas. Information which has been brought to the attention of the Committee on UnAmerican Activities indicates that the discretionary authority of the consular officer or the Secretary of State to recommend. and of the Attorney General to approve. the issuance of nonimmigrant visas are possibly abused. Preliminary investigation by the committee. authorized by the chairmen several months ago. raises serious questions as to whether the intent of Congress is being followed in the admission to this country of aliens under the abovementioned sections of the Immigration and Nationality Act of The investigation has also raised the question of whether the available background information on certain aliens temporarily admitted to this country is being properly evaluated. This may be resulting in certain aliens being classified as ineligible under paragraph (28)-and therefore eligible for a waiverwhen they properly come under paragraphs (27) or (29) and are therefore ineligible for admission under waiver. This hearing was authorized by the committee at a meeting held on February 19. 1964.