Speech #900026986

Mr. President. fifth. I introduce. for appropriate reference. a bill which would add a new subsection to section 241 of the Immigration and Nationality Act. In order to establish a statute of limitations with respect to the deportation of aliens from the United States. Clause (A) of the first paragraph of this new subsection would prevent the deportation of an alien who Is in the United States if he has been physically present in the United States for a continuous period of 10 years or more and has beenand still lsa person of good moral character during the entire period of his residence in the United States. This clause would primarily benefit aliens who entered the United States without inspection. or who are admitted as nonimmigrants and remain beyond the expiration date of their visas. So long as such aliens live in the United States for a continuous period of 10 years and were. and still are. good residents of their communities. they would be permitted to remain in this country. In order for the purposes of this clause to be carried out. my proposal specifies that the mere fact that an alien does not come forward and volunteer information concerning his illegal entry to or residence in the United States shall not be used as a ground for finding that he is not. or was not. a person of good moral character. However. if the alien is called before an official proceeding held under law of the United States and. upon making an appearance. falls to answer correctly specific questions concerning his illegal status. this conduct may be used as a ground for a finding that he is not a person of good moral character. Clause (B) of the first paragraph of the new subsection would prevent the deportation of an alien who is in the United States if the conduct for which he is deportable occurred more than 10 years prior to the institution of deportation proceedings against him. Thus. where an alien cannot meet the residence requirements of clause (A). he can still obtain the benefits of clause (B). if the particular conduct for which he is deportable occurred more than 10 years prior to the institution of deportation proceedings against him. For example. an alien who has been in the United States for only 2 years may be threatened with deportation as the result of new information which has become known to the immigration officers concerning the commission by such alien of a crime involving moral turpitude prior to his entry in the United States. If the crime occurred more than 8 years before his admission to the United States. the 10year period would be satisfied and that alien could not be deported on account of that past conduct. In order to conform with the purposes of clause (A). aliens who are deportable because they entered without inspection or have remained in the United States beyond the time allowed by their entry documents are specifically excepted from coverage by clause (B). This is to assure that in order for these aliens to benefit from the statute of limitations. they must be persons of good moral character during their residence in the United States. Also. since they continue to be in violation of the Immigration and Nationality Act during all the time they reside In the United States without valid entry documents. this exception merely clarifies the interpretation which should otherwise be given to clause (B) . that is. that the 10year period prescribed by clause (B) would not run out with respect to such aliens because the conduct for which they are deportable Is a status which continues to attach to them during all their residence in the United States. Finally. paragraph (3) of the subsection would provide that any alien who has not been admitted to permanent residence. but who cannot be deported under the other provisions of this subsection. shall. upon application. be considered to have been lawfully admitted to the United States for permanent residence at the time he met the necessary requirements. If the alien is chargeable to any category described In section 203 (a) of the Immigration and Nationality Act. the visas to be issued to that category are to be reduced by one. If an alien has lived in the United States for 10 years ard has established himself in a community as a person of good moral character and respect during that entire period. then I think It only fair to permit him to remain In the country without the constant threat of deportation hanging over him. like the sword of Damocles. I ask unanimous consent that the text of this bill be printed In the RECORD at this point.