Speech #890060344

I appreciate the keen interest expressed by my colleague and good friend. the gentleman from Hawaii. Mr. Speaker. the text of my bill H.R. 8662. and a sectionbysection analysis follow: H.R. 8662 A bill to establish a selective immigration system and for other purposes Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled. That chapter I of title II of the Immigration and Nationality Act (66 Stat. 175. 8 U.S.C. 1151.) be amended as follows: "CHAPTER IsELEcTIVE ImIAGRATION SYSTEM "SEC. 201. Exclusive of special immigrants defined in section 101(a) (27). the number of aliens who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence shall not in any fiscal year exceed 225.000 of which not more than 60.000 may be authorized in each of the first three quarters of such fiscal year. "SEC. 202. No person shall receive any preference or priority in the issuance of an immigrant visa because of his race. sex. nationality. place of birth. or place of residence. except as specifically provided in section 101(a) (27) and in section 203: Provided. That the total number of immigrant visas available to citizens or nationals of any foreign state under paragraphs (2) through (8) of section 203(a) shall not exceed 20.000. "SEC. 203. (a) Immigrant visas shall be allotted in each fiscal year as follows: "(1) Without numerical or per centum limitation. immigrant visas shall be first made available to qualified immigrants who are the husbands. wives. children. unmarried sons or unmarried daughters of a citizen of -the United States. or who are the fathers or mothers of a citizen of the United States. such citizen being over twentyone years of age. "(2) The first ten per centum of the number of immigrant visas not required for the issuance of immigrant visas to the classes specified in paragraph (1) shall be made available for the issuance of immigrant visas to qualified immigrants who are members of the professions. or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the national economy. cultural interests. or welfare of the United States. "(3) The next twenty per centum of the number of immigrant visas not required for the issuance of immigrant visas to the classes specified in paragraph (1) shall be made available for the issuance of immigrant visas to qualified immigrants who are the husbands. wives. unmarried sons or unmarried daughters of an alien lawfully admitted for permanent resident. or who are the fathers or mothers of an alien lawfully admitted for permanent residence. such alien being over twentyone years of age. "(4) The next twenty per centum of the number of immigrant visas not required for the issuance of immigrant visas to the classes specified in paragraph (1) shall be made available to qualified Immigrants who are the married sons or the married daughters of citizens of the United States. "(5) The next twenty per centum of the number of immigrant visas not required for the issuance of immigrant visas to the classes specified in paragraph (1) shall be made available to qualified immigrants who are the brothers or sisters of citizens of the United States. "(6) The next twenty per centum of the number of immigrant visas not required for the issuance of immigrant visas to the classes specified in paragraph (1) shall be made available to qualified immigrants who are capable of performing specified skilled or unskilled labor. not of a temporary or seasonal nature. for which a shortage of employable and willing persons exists in the United States. "(7) The next 10 per centum of the number of immigrant visas not required for the issuance of immigrant visas to the classes specified in paragraph (1) shall be made available to a qualified immigrant who is or was last a national or resident of any Communist or Communistdominated country. and is out of his usual place of abode. and who satisfies an Immigration and Naturalization Service officer at an examination in any nonCommunist or nonCommunist dominated country. prior to visa issuance. that he has fled from his usual place of abode. or is unable or unwilling to return to such usual place of abode. because of persecution or fear of persecution on account of race. religion. or political opinion: Provided. That not more than onehalf the number of immigrant visas specified in this paragraph may be made available to aliens who have been continuously physically present in the United States for a period of two years prior to application. . "(8) Any immigrant visas not required for the issuance of immigrant visas to the classes specified in paragraphs (1) through (7) shall be made available to qualified immigrants strictly in the chronological order in which such immigrants are registered on waiting lists which shall be maintained in accordance with regulations prescribed by the Secretary of State. No immigrant visa shall be issued to a nonpreference immigrant under this subsection until the consular officer is in receipt of a determination made by the Secretary of Labor. in accordance with regulations prescribed by the Secretary of State and the Secretary of Labor. that the provisions of section 212(a) (14) will not be invoked. "(9) A spouse or child as defined in section 101(b)(1) (A). (B). (C). (D). or (E) shall If not otherwise entitled to an Immigrant status and the immediate issuance of a visa under paragraphs (1) through (8). be entitled to the same preference or nonpreference status. and the same order of consideration provided in subsection (b). of his accompanying spouse or parent. "(10) During the fourth quarter of any fiscal year. immigrant visas not required for the issuance of visas to qualified immigrants specified in paragraphs (2) through (5) may. without regard to per centum limitations. be made available cumulatively. to qualified immigrants. in each of the next succeeding classes in paragraphs (3) through (6). "(11) Not exceeding 50 per centum of the numbers allocated to nonpreference immigrants under paragraph (8). may. on the advice of the Secretary of State. be reserved by the President. without regard to the 20.000 limitation contained in section 202. for allocation to (A) otherwise qualified immigrants whose admission is determined by him to be required to avoid undue hardship. resulting from the abolition of annual quotas and nonquota classes. or to (B) otherwise qualified preference immigrants described In paragraph (7) whose admission is determined by him to be required to further the traditional policy of the United States of offering refuge to persons oppressed or persecuted or (C) otherwise qualified immigrants uprooted by natural calamity or military operations who are unable to return to their usual place of abode. "(b) Immigrant visas issued pursuant to paragraphs (1) through (6) of subsection (a) shall be issued to eligible immigrants in the order in which a petition In behalf of each such immigrant is filed with the Attorney General as provided in section 204. "(c) In considering applications for immigration visas under subsection (a) consideration shall be given first to applicants under paragraph (1) and consideration shall be given to other applicants in the order in which the classes of which they are members are listed in subsection (a). "(d) Every immigrant shall be presumed to be a nonpreference immigrant until he establishes to the satisfaction of the consular officer and the immigration officer that he is entitled to a preference status under paragraphs (1) through (7) of subsection (a). or to a special immigrant status under section 101 (a) (27). In the case of any alien claiming in his application for an immigrant visa to be entitled to preference immigrant status. the consular officer shall not grant such status until he has been authorized to do so as provided in section "SEc. 204. (a) Any citizen of the United States claiming that an alien is entitled to a preference status by reason of the relationships described In paragraphs (1). (4). or (5) of subsection 203(a). or any alien law. fully admitted for permanent residence claiming that an alien is entitled to a preference status by reason of the relationship described in section 203(a) (3). or any person. institution. firm. organization. or governmental agency desiring to have an alien classified as a preference immigrant under section 203(a) (2). or any United States CXI764 citizen. or permanent resident alien desiring and intending to employ an alien within the United States. whom he believes is entitled to a preference immigrant status under section 203(a) (6). may file a petition with the Attorney General for such classification of the alien. The petition shall be in such form as the Attorney General may by regulations prescribe and shall contain. such information and be supported by such documentary evidence as the Attorney General may require. The petition shall be made under oath administered by any Individual having authority to administer oaths. if executed in the United States. but. if executed outside the United States. administered by a consular officer. "(b) After an investigation of the facts in each case. and after consultation with the Secretary of Labor in accordance with regulations prescribed by the Secretary of Labor and the Attorney General with respect to petitions to accord a status under sections 203(a) (2) or 203(a) (6). the Attorney General shall. if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is eligible for a preference status under section 203 (a). approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant the preference status. "(c) Notwithstanding the provisions of subsection (b) no more than two petitions may be approved for one petitioner in behalf of a child as defined in section 101(b)(1) (E) or (F) unless necessary to prevent the separation of brothers and sisters and no petition shall be approved if the alien has previously been accorded a nonquota or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence. by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws. "(d) The Attorney General shall forward to the Congress a report on each approved petition for immigrant status under sections 203(a) (2) or 203(a) (6) stating the basis for his approval and such facts as were by him deemed to be pertinent in establishing the beneficiarys qualifications for the preferential status. Such reports shall be submitted to the Congress on the first and fifteenth day of each calendar month in which the Congress is in session. "(e) Nothing in this section shall be construed to entitle an immigrant in behalf of whom a petition under this section is approved. to enter the United States as a preference immigrant under section 203(a) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification. "SEc. 205. The Attorney General may. at any time. for what he deems to be good and sufficlent cause. revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition. In no case. however. shall such revocation have effect unless.there is mailed to the petitioners last known address a notice of the revocation and unless notice of the revocation is communicated through the Secretary of State to the beneficiary of the petition before such beneficiary commences his journey to the United States. If notice of revocation is not so given. and the beneficiary applies for admission to the United States. his admissibility shall be determined in the manner provided for by sections 235 and 236. "SEc. 206. If an immigrant having an immigrant visa is excluded from admission or does not apply for admission to the United States before the expiration of the validity of the immigrant visa. or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a preference immigrant. an immigrant visa may be issued in lieu thereof to any other Immigrant." SEc. 2. Section 101 of the Immigration and Nationality Act (66 Stat. 166. 8 U.S.C. 1101) is amended as follows: (a) Paragraph (27) of subsection (a) is amended to read as follows: "(27) The term special Immigrant means"(A) an immigrant who was born In any independent foreign country of the Western Hemisphere or In the Canal Zone. and the spouse and children of any such Immigrant. if accompanying or following to join him. "(B) an Immigrant lawfully admitted for permanent residence. who is returning from a temporary visit abroad." (b) Paragraph (32) of subsection (a) is amended to read as follows: "(32) The term profession shall include but not be limited to architects. engineers. lawyers. ordained ministers of religion. physicians. surgeons. and teachers in elementary or secondary schools. colleges. academies. or seminaries." (c) Subparagraph (1) (F) of subsection (b) Is amended to read as follows: "(F) a child. under the age of fourteen at the time a petition is filed in his behalf to accord a preference classification under section 203(a) (1). who is an orphan because of the death or disappearance of. abandonment or desertion by. or separation or loss from. both parents. or for whom the sole or surviving parent is incapable of providing the proper care which will be provided the child if admitted to the United States and who has In writing irrevocably released the child for emigration and adoption. who has been adopted abroad by a United States citizen and his spouse who personally saw and observed the child prior to or during the adoption proceedings. or who is coming to the United States for adoption by a United States citizen and spouse who have complied with the preadoption requirements. If any. of the childs proposed residence. provided that no natural parent or prior adoptive parent of any such child shall thereafter. by virtue of such parentage. be accorded any right. privilege. or status under this Act." (d) Paragraph (6) of subsection (b) is repealed. . SEc. 3. Section 211 of the Immigration and Nationality Act (68 Stat. 181. 8 U.S.C. 1181) is amended to read as follows: "Section 211. (a) Except as provided in subsection (b) no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired Immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent and (2) presents a valid unexpired passport or other suitable travel document. or document of identity and nationality. if such document is required under the regulations issued by the Attorney General. "(b) Notwithstanding the provisions of section 212(a) (20) of this Act in such cases or in such classes of cases and under such conditions as may be by regulations prescribed. returning resident immigrants. defined in section 101(a) (27) (B). who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport. immigrant visa. reentry permit. or other documentation." Szc. 4. Subsection 212(a) of the Immigration and Nationality Act (66 Stat. 182. 8 U.S.C. 1182) is amended as follows: (a) (1) is amended to read as follows: "(1) aliens who are mentally retarded.". (b) Paragraph (4) is amended to read as follows: "(4) aliens afflicted with a mental defect. with sexual deviation. or with psychopathic personality." (c) The last sentence of paragraph (14) is amended to read as follows: "The exclusion of aliens under this paragraph shall apply only to special immigrants defined in section 101(a)(27)(A) (other than the parents. spouses or children of the United States citizens or of aliens lawfully admitted to the United States for permanent residence). and to nonpreference immigrant aliens described in section 203 (a) (8).". (d) Paragraph (20) is amended by deleting the final (e) and substituting therefor the letter (a). (e) Paragraph (21) is amended by deleting the word "quota". (f) Paragraph (24) is amended by deleting the language within the parentheses and substituting therefor the following: "other than aliens described in section 101(a) (27)." SEC. 5. The Immigration and Nationality Act (66 Stat. 175. 8 U.S.C. 1151) is amended as follows: (a) Section 221(a) is amended by deleting the words "the quota. if any. to which the immigrant is charged. the immigrants particular status under such quota. the particular nonquota category in which the immigrant is classified. if a nonquota immigrant." and substituting in lieu thereof the words "the preference. nonpreference. or special immigration classification to which the alien is charged." (b) The fourth sentence of subsection 212(c) is amended by deleting the word "quota" preceding the word "number." the word "quota" preceding the word "year." and the word "quota" preceding the word "Immigrant." and substituting in lieu thereof the word "an".. (c) Section 224 is amended to read as follows: "A consular officer may. subject to the limitations provided in section 221. Issue an immigrant visa to a special immigrant as such upon satisfactory proof. under regulations prescribed under the Act. that the applicant is entitled to a special immigrant status." (d) Subsection 243(h) is amended by deleting the word "physical." SEC. 6. Section 244 of the Immigration and Nationality Act (66 Stat. 214. 8 U.S.C. 1254) is amended as follows: (a) Subsection (d) is amended to read as follows: "(d) Upon the cancellation of deportation in the case of any alien under this section. the Attorney General shall record the aliens lawful admission for permanent residence as of the date of cancellation of depqrtation of such alien is made. and unless the alien is entitled to a special immigrant classification under section 101(a) (27) (A). the Secretary of State shall reduce by one the number of nonpreference immigrant visas authorized to be issued under section 203(a) (8) for the fiscal year then current." (b) Subsection (f) is repealed. SEC. 7. Section 245 of the Immigration and Nationality Act (66 Stat. 217. 8 U.S.C. 1255) is amended as follows: (a) Subsection (a) is amended by deleting the words "other than an alien crewman." (b) Subsection (b) is amended to read: "(b) Upon the approval of an application for adjustment made under subsection (a). the Attorney General shall record the aliens lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made. and the Secretary of State shall reduce by one the number of the preference or nonpreference visas authorized to be issued under section 203(a) within the class to which the alien is chargeable. for the fiscal year then current." (c) Subsection (c) is amended to read as follows: "(c) The provisions of this section shall not be applicable to any alien who is of the class described in section 101(a) (27) (A)." SEC. 8. Section 249 of the Immigration and Nationality Act (66 Stat. 219. 8 U.S.C. 1259) is amended by changing the words "June 28. 1940." to read "December 24. 1952." and by adding at the end thereof the following: "Upon approval of the creation of a record of lawful admission for permanent residence. unless the alien is entitled to a special immigrant classification under section 101(a) (27) (A). the Secretary of State shall reduce by one the number of nonpreference immigrant visas authorized to be issued under section 203(a) (8) for the fiscal year then current." . SEC. 9. Section 281 of the Immigration and Nationality Act (66 Stat. 230. 8 U.S.C. 1351) is amended as follows: (a) Paragraph (2) is amended to read as follows: . "(2) For the issuance of each immigrant visa. $20. except that such fee shall be $10 in the case of any alien who is the beneficiary of a petition required under section 204. provided that by regulation the Secretary of State may prescribe the partial deposit or prepayment of such fee at the time of registration." (b) Paragraph (6) is amended to read as follows: "(6) For filing with the Attorney General of each petition under section 204. $10. and" SEC. 10. Sections 1. 2. and 11 of. the Act of July 14. 1960 (74 Stat. 505505). as amended by section 6 of the Act of June 28. 1962 (76 Stat. 124). is repealed. SECTroNBYSEcTioN ANALYSIS Section 1 of the bill rewrites completely title II. chapter I (secs. 201206) of the Immigration and Nationality Act and substitutes a selective immigration system for the present national origins quota system. Section 201 fixes the total number of aliens from the former quota countries and areas who may acquire permanent residence immigration status in any fiscal year at 225.000a slight increase over annual total immigration per year during the last decade. To provide for orderly administrative procedures. not more than 60.000 visas may be issued in each of the first three quarters of any fiscal year. Section 202 expresses in statutory language a national policy that within the ceiling fixed by section 201. no preference or priority will be given to any person in acquiring permanent residence in the United States because of his or her race. sex. nationality. place of birth. or place of foreign residence. This section also sets a maximum ceiling of 20.000 on the number of nationals of any one country who may obtain permanent residence annually. exempting from that ceiling only the husbands. wives. children. fathers. and mothers of U.S. citizens. Section 203(a) lists the order of preference which is to be given in the allocation of the annual 225.000 immigrant visas. First preference is given. without any limit on the numbers. to spouses. children. and parents of U.S. citizens. The numbers which will remain after the first preference is satisfied will be available to the following six classes. in the percentages indicated: Second preference. 10 percent to members of the professions and scientists and persons with skill and talent in the visual and performing arts.