Speech #900056843

Mr. Speaker. when Congress passed the Immigration and Nationality Act of 1965 it was thought to be a major advancement toward facilitating immigration to the country. We were told in the congressional hearings of the great inequities of the old law We were reminded of the tradition of this country as a haven and refuge for those living in foreigi lands. There is no question that the act has removed inequities and in many ways has facilitated immigration. However. implementation of the act has not lived up. to expectations. The greatest disappointment in the act is the problem faced by those who are required under the new section 212(a) (14) to obtain a labor certificate. Before the act was amended. aliens who wanted to enter the United States to do skilled or unskilled work could do so unless the Secretary of Labor certified to the Secretary of State and to the Attorney General that: (A) there are available in the United States at the aliens proposed destination sufficient workers able. willing. and qualified at the time of application for a visa and for admission to the United States. to perform such skilled or unskilled labor. or (B) the employment of such aliens will adversely affect the wages and working conditions of workers. in the United States similarly employed. This section was changed under the Immigration and Nationality Act of 1965. Instead of providing that an alien can enterunless the Secretary of Labor says no. it now says an alien cannot enter unless the Secretary of Labor says yes. This may seem to be merely a technical matter. I assure you it is not. The new law in effect shifts the burden of proof by providing that the alien h~s to prove by getting a labor certificate that he is eligible for entry instead of the Secretary of Labor proving that he is ineligible. The new section 212(a) (14) has had severe effects on immigration. Instead of facilitating immigration as contemplated by the 1965 act. it has substantially hampered it. The inequity falls upon all aliens seeking to enter our country to perform skilled or unskilled labor. but it particularly affects Irish immigration. Those who have read a number of compelling articles by Frank OConnor in the Irish Echo know Just how serious this problem is. In order to get more facts concerning the effect of the new section 212(a) (14) on Irish immigration. I wrote to the U.S. Ambassador to Ireland.