Albert Misler. Deputy Associate Solicitor of the Department of Labor. to a subcommittee of the House Committee on Judiciary on June 24. 1963. it was said about the Department of Labors authority on the admission of aliens for temporary agricultural employment: I would like to clarify something that has been unclear up to this point. that may be significant in connection with your consideration. Under the Mexican labor program. we make a statutory certification. the content of which is set out in the law. "In all other foreign labor programs. the certification we give is simply advisory to the Immigration and Naturalization Service." In the case of Chase Glades Farms against Wirtz. to which I have previously referred. the statement by the counsel for the Government should be again emphasized. He said: Section 1184 (i.e.. section 214 of the Immigration and Nationality Act) makes it clear that questions relating to permission to import nonimmigrant workers are to be determined by the Attorney General. This court in Its memorandum of opinion of May 6. 1965. clearly recognized what the statute specifically provides. namely. that the Attorney General may reject or accept what constitutes a recommendation by the Secretary of Labor. It should be completely clear from all these facts. Mr. President. that we are not taking away power from the Secretary of Labor. We are putting it where it belongs. and where it can be exercised reasonably. and in such a way as to give the Commissioner of Immigration the information which he needs. and. if an error be made. to give the growers access to our courts. Mi. President. who wishes to continue to deprive our growers of access to their own courts?
Keywords matched
Naturalization Immigration