Speech #920282981

I move to strike the requisite number of words. Mr. Chairman. in 1950 the Supreme Court held in Sung against McGrath that administrative hearings in proceedings for the deportation of aliens must conform to the requirements of the Administrative Procedure Act. Seven months later. the Congress enacted a provision in a supplemental appropriation bill that proceedings under law relating to the exclusion or expulsion of aliens shall be without regard to the provisions of sections 5. 7. and 8 of the Administrative Procedure Act. In other words. the Congress overcame the decision of the Supreme Court. In order to resolve this problem and as a result of the 1952 Immigration and Nationality Act. the position of special inquiry officer was established to afford aliens with hearings. along with all the procedural safeguards of crossexamination. et cetera. This officer operates independently of the enforcement machinery. and all hearings are conducted in conformity with the requirements of the Administrative Procedure Act. The point I make here.