Speech #890130787

This section takes away no authority whatsoever from the Attorney General. He has and would retain complete authority to admit or deny the entrance of nonimmigrant agricultural workers. Neither does it remove any authority of the Secretary of Labor for the simple reason that with respect to section 214(c) of the Immigration and Nationality Actthe section concerning the entry of nonimmigrant workersnone has been conferred on him by the Congress. His functions are only advisory. although admittedly his recent actions have the effect of converting advisory functions to regulatory authority. It is important to an understanding and fair determination of the questions involved here to bear in mind that the alleged authority of the Secretary of Labor is strictly advisory. This should be emphasized in view of the statements made in the minority report and In the press that this provision would take away authority from the Secretary of Labor and confer it on the Secretary of Agriculture. A mere reading of the provisions of the law is sufficient to make it clear that complete authority is vested in the Attorney General and no other official has anything but consultative or advisory duties. Section 214 (a) of the Immigration and Nationality Act provides: The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulation prescribe. Section 214(c) reads as follows: The question of importing any alien as a nonimmigrantshall be determined by the Attorney General after consultation with appropriate agencies of Government upon petition of the importing employer. The report of the House Committee on the JudiciaryHouse Report 1365. February 14. 1952on the Immigration and Nationality Act stated: These provisions of the bill grant the Attorney General sufficient authority to admit temporarily certain workers. industrial. agricultural. or otherwise. for the purpose of alleviating labor shortages as they exist or may develop in certain areas or certain branches of American productive enterprises. particularly in periods of Intensified production. The Department of Labor. at my request on May 14. 1963. submitted a memorandum of law on the Secretary of Labors powers to promulgate rules. regulations. and policies relating to the admission of aliens. other than Mexicans. for temporary agricultural employment in the United States. The memorandum states: It is appropriate at this point to observe that the role of the Department of Labor in this process is basically an advisory one.