Speech #890130709

Since we have just finished appropriating almost $2 million to the Secretary of Labor to carry out these functions. it would be a travesty. not to mention the mistake involved. at this point to shift all these functions to the Secretary of Agriculture who has neither the facilities. manpower. information or expertise to make these decisions and carry them. This provision would also usurp the functions of the Senate Judiciary Coinmittee. Surely no Member of this body can question the fact that matters dealing with immigration and with the Immigration and Nationality Act are properly within the purview of the Judiciary Committee. This week we anticipated having before us the Immigration and Nationality Act revisions submitted by the Senate Judiciary Committee. These were previously considered by the Judiciary Committee of the House and passed by that body. Yet this provision. if enacted. even though never considered by the Judiciary Committee. would alter section 212(a) (14) and section 214 of the Immigration and Nationality Act as presently constituted. The former section and the regulations of the Immigration and Naturalization Service promulgated pursuant to section 214 are designed to insure the admission of aliens into the United States for employment in a manner which will not create unfair competition between such aliens or between our own workers for available job opportunities. It also insures that the wages and working conditions of the domestic workers will not be adversely affected. The Attorney General has requested the Secretary of Labor under this act to supply him with the pertinent information upon which to base these determinations. This was done in recognition of the very special sources of information and facilities existing in. or available to. the Department of Labor which are unique within our Federal Government system. When the Immigration and Nationality Act revisions were recently considered by the House of Representativesthe bill we expected to consider sometime this weekthe House saw fit to tighten the safeguards provided through section 212(a) (14). In doing so. they provided that an affirmative certification of nonavailability of domestic workers. stating there would be no adverse effects. would be furnished by the Secretary of Labor before any immigrants could be admitted for employment in the United States. The revised version of this section as passed by the House was given very careful and lengthy consideration by the House Judiciary Committee before it was reported to the House. Section 706 presents a direct conflict with the action of the House in a matter which is basically within the jurisdiction of the House and Senate Judiciary Committees. The present proposal. however. would significantly modify the recent House action when it would affect the admission of immigrant aliens for agricultural employment. The determination required by the section discussed would. in such cases. be made by the Secretary of Agriculture instead of the Secretary of Labor. It apparently. however. leaves untouched the authority of the Secretary of Labor to make certification dealing with the adverse effects cited by this section. Thus. with respect to a single admission. two separate certifications. inextricably interrelated. would be required of two different Government agencies. The resulting confusion can only create further complications of the administration of the Immigration and Nationality Act. a law already overburdened with such complications and confusion. Another aspect of this procedural snafu needs to be discussed at this point. The Appropriations Committee in reporting the Agricultural Appropriations Act of 1966 requested a comprehensive study of the entire agriculturallabor situation to be made.