Speech #900182834

Mr. Speaker. It is my opinion. in view of the nature of the many and serious offenses committed by this individual the immigration laws of this Nation do not permit him to remain here regardless of the length of time he has been physically present in the United States or his deportment since convicted. To permit this character to remain and require the deportation of others. who entered as students or visitors and who have overstayed their authorized periods of time. is a travesty of justice. If the House Committee on the Judiciary initially regarded this criminal as worthy of deportationand the fact that the amendment is here indicates that it didwhat happened to change their minds and now offer an amendment to keep him in this country? What has happened and why since this resolution was introduced? These are some of the burning questions I would like to have answered. It may be said that the court held that this individual should not be deported. Let me read briefly from the record of the Board of Immigration Appeals. U.S. Department of Justice. the record being signed by Chairman Thomas S. Finucane: He (Jew) was sentenced to imprisonment for one year and one day. [The court recommended to the Attorney General that the petitioner be not deported as provided in Section 241(b) (2) of the Immigration and Nationality Act. On December 20. 1955 the Board of Immigration Appeals dismissed the appeal from the order of deportation. holding that the nondeportable status created by judicial recommendation pursuant to Section 241(b) (2) of the Act was limited to deportation charges brought under Section 241 (a) (4) of the same Act unless said recommendation was preserved by Section 405(a). the savings clause of the 1952 Act. Inasmuch as Section 405(a) was not applicable. the Judicial recommendation did not vitiate a charge laid under Section 241(a) (13) of the 1952 Act.] The last sentence of the above makes it completely clear that the judicial recommendation could not vitiate the charge or charges upon which Jew was convicted and thus save him from deportation. Mr. Speaker. I only wish I had the time to set forth the full record of this character. I say again that it will be a travesty upon justice if this amendment is not defeated and he is permitted to remain in this country while so many others listed in this resolution are deported. I earnestly urge the Members of the House to defeat the pending amendment.