Speech #900184787

Mr. Speaker. Senate Concurrent Resolution 36 relates to 26 cases referred to the Congress during 1966 in which the Attorney General has suspended deportation under the provisions of section 244(a) (2) of the Immigration and Nationality Act. as amended. The purpose of the concurrent resolution. as amended. is to give congressional approval of the suspension of deportation in certain of these cases in which the Attorney General has. by virtue of referring these cases to the Congress. already found them statutorily eligible as well as deserving of the granting of suspension. Under the prescribed procedure of the law affirmative approval by both the House of Representatives and the Senate is required before the end of this session if the aliens status is to be adjusted to that of permanent residence. If this resolution is not passed this session. these aliens will be required to leave the United States or be physically deported. Failure to approve this resolution would thereby deny to these aliens a benefit under the law for which they qualify and which has been granted to those with similar circumstances over the past 27 years. Section 244(a) (2) of the law is specifically designed to regularize the status of certain deportable aliens who have been fully rehabilitated and have been able to demonstrate a minimum of 10 full years of good moral character. Aliens in this category include those aliens who are deportable as former subversives. criminals. immoral persons. violators of the narcotic laws. or violators of the alien registration laws. These aliens may apply for suspension of deportation under section 244(a) (2) providing the alien can show that: First. He has been continuously present in the United States for a period of 10 years following the commission of an act. or assuming the status. which constitutes a ground for deportation. Second. He has been a person of good moral character during the required 10 years of physical presence. and Third. He can show that his deportation would result in "exceptional and extremely unusual hardship" to himself or to his U.S. citizen or permanent resident alien spouse or child. In each case in which the Attorney General recommends suspension of deportation. a full description of the facts must be submitted to the Congress. Of the 26 cases submitted to the Congress during 1966 and considered by the committee. 22 were under deportation for one or more narcotics convictions. The vast majority of these individuals had convictions for personal possession of marihuana or opium with sentences of 1 year or less. most of them suspended. and/or fines of $50. if any. or less. Each of these aliens in proving his statutory eligibility has had to show his complete rehabilitation as evidenced by the requirement for 10 years of good moral character. This obviously has required an extensive field investigation by the Immigration and Naturalization Service. Provisions for the classes of aliens covered in section 244(a) (2) of the present law have been in our immigration laws in one form or another since 1940 and this resolution represents no change whatsoever in the administration of the law in this respect for the last 27 years. This resolution does not grant citizenship. it only grants permanent residence. After the application for suspension of deportation has been granted. each alien will have to prove 5 more years of good moral character from that date before he is eligible to apply for citizenship. In total. when he would apply for citizenship in the future. he will have to have then demonstrated at least 15 continuous years of good moral character. Ample provisions are in the law to provide for rescission of permanent residence should the aliens conduct be such as to render him ineligible for adjustment of status.