Speech #900097422

Mr. Speaker. in 1965 the Congress. recognizing the Inherent inequality of the national origin quota system of our previousinunigration law. passed the new Immigration- and Nationality Act. Premised on the theory that immigrants should be admitted to the United States on an equal basis rather than on the irrational basis of nationality. the new law represented a vast improvement in our immigration policy. However. not long after the effective date certain defects became manifest. The labor certificates requirement of section 214. and its implementing procedures. involve not only an unwarranted amount of redtape. but impose on the potential immigrant the burden of proving the.existence of a job opening in the United States. Earlier this year I introduced legislation. H.R. 7775. designed to mitigate this situation. I Mr. Speaker. there is another defect which needs a remedya defect whidh cuts against our new immigration policy. Notwithstanding the intent to expunge from the statute books laws discriminating against certain aliens on a basis Of nationality per se. the Congress by enacting section 245 (c) established a different standard for those persons emigrating from Western Hemisphere nations than for those from nations not within the Western Hemisphere. Section 245(c) not only visits great hardship upon many Latin Americans. but it constitutes blatant discrimination. Last year the Congress eliminated one of the inequities imposed by section 245 (c). Under Public Law 89732 those. who had emigrated from a Western Hemisphere country on a temporary visa and who in good faith had applied forpermanent resident status prior to December 1. 1965the effective date of the new immigration lawwere exempt from the necessity of leaving the United States to obtain a permanent immigration visa. Moreover. Public Law 89732 created a special exception fpr Cubans admitted or paroled into the United States subsequent to January 1. 1959. The Attorney General. due to Public Law 89732. may adjust the status of such persons to that of an alien lawfully admitted for permanent residence. if the applicant would be otherwise eligible. Except for Cubans. the existing law. section 245. operates to the detriment of one from a Western Hemisphere nation. compared to immigrants. from nonWestern Hemisphere nations. seeking to change from temporary to permanent status. The effect is such that one of the latter category can change his status without first returning to his country. One from a Western Hemisphere country. except Cuba. is. however. specifically precluded. by subsection (c) of section 245. from obtaining permanent resident status unless he applies for a permanent visa outside the United States. Thus. for example. one from a nonWestern Hemisphere nation. visitingthe United States on a temporary visa could apply for and. if eligible. obtain a permanent visa without first having to return to his country. Except for Cubans. one in a similar situation. were he from a Western Hemisphere nation. would be required to leave the United States prior to applying for and obtaining a permanent visa even were he to meet all other qualifications. Mr. Speaker. not only does this constitute" unwarranted discriminatory treatment of those from Western Hemisphere nations. it violates the spirit of Justice and equality which prompted President Kennedy and President Johnson to recommend to the Congress the Nationality and Immigration Act of 1965. In light of this discriminatory effect. I have introduced a bill which would repeal section 245(c) of the Immigration and Nationality Act. a bill. the enactment of which will place all who seek permanent status on an equal footing. Expeditious action by the Congress on this proposed amendment will not waive any substantive standard an immigrant must meet in order to obtain permanent status. However. it will elevate the Latin American immigrant to exactly the same level as an immigrant from any other country in the world. By so doing. the Congress will further strengthen the philosophy underlying our new immigration policy. that of equality of treatment.