Speech #910015995

Mr. Speaker. the rules of procedure for Subcommittee No. 1. Immigration and Nationality. were adopted yesterday by the Committee on the Judiciary. There is a significant change in the rules which I wish to bring to the attention of the Members of the House. Prior to the adoption of the new rules. rule 6 of the rules of procedure stated: The Subcommittee shall not address to the Attorney General communications designed to defer deportation of beneficiaries of private bills who have entered the United States as stowaways. in transit. or deserting seamen. or by surreptitiously entering without inspection through the land or sea borders of the United States.. Rule 6 has now been amended to include visitors. exchange visitors. and students within the purview of this rule. Consequently. the introduction of private immigration legislation in behalf of a visitor. exchange visitor. and student. will no longer automatically stay deportation of an alien who has violated the terms of his admission to the United States. This change in the rules was necessitated by the increasing number of private immigration bills obviously lacking in merit and introduced merely to stay deportation. The subcomiimittee unanimously agreed that it cannot condone the actions of nonimmigrants who violate their status and then exert every possible pressure on Members of Congress to have private legislation introduced to stay their deportation. At this point. let me assure the House that the rules of procedure furthermore provide for an exemption from this rule if the subcommittee determines that the consideration of a private bill is solely designed to prevent an extreme hardship. As we have in the past. we shall continue in the future to give every possible consideration where the author submits evidence establishing a need for private legislation to alleviate or avoid extreme hardship. The private immigration bill. as an extraordinary remedy. should be resorted to only after every possible administrative remedy has been exhausted and there still remains sufficient hardship or unusual circumstances to justify action by the Congress. During the 90th Congress. 6.278 private immigration bills were introducedthe largest in any Congressand of this number only 216 became private law. 915 were adversely acted upon for lack of merit or because they were unnecessary. and 4.846 bills were left pending. Eightyfive percent of the private bills introduced in the last Congress were in behalf of students. exchange visitors. and visitors. The committee has consistently adhered to the policy of not acting favorably on private bills designed to take one intending immigrant out of turn for permanent residence to the obvious detriment of other immigrants who are patiently waiting abroad for the issuance of a visa. If there are more aliens desirous of immigrating to the United States than the law provides. the only orderly procedure is to get a place in line and await the proper turn. The overload of private immigration bills. although the committee has diligently considered private bills week after week. makes it impossible to consider every bill introduced during the session of Congress and delays consideration of worthwhile private bills which the committee is prone to approve. The consideration of dilatory private bills sacrifices valuable time of the subcommittee. the full committee. and the Immigration and Naturalization Service and the Department of State as well. The delay in deportation that a private bill might have given to a visitor who has violated the terms of his admission is not justified by the great expense both in time and money. Private bills have over the course of the years demonstrated a need to amend the general law. The committee has responded to the need and legislation has been recommended to Congress. Examples of public legislation enacted as a result of private bills have been waivers of the grounds of excludability based upon tuberculosis. convictions of crime. mental retardation. misrepresentation. and the admission of adopted children. Such examples have perfected the general law and carry out the policy of reuniting families. Bills designed to take an alien out of turn circumvent the law and violate the basic immigration policy of first come. first served. The committee is ever cognizant of the fact that there are areas in the Immigration and Nationality Act which may require amendment. The committee has studied these areas and will continue to hold hearings on possible amendments to the law.