Speech #920283016

The point is. though. as has been said here. that the Board of Immigration Appeals will not have authority to entertain the appeal unless the Attorney General sets up that structure. So if the gentleman from Pennsylvania is correct that the Attorney General will so authorize the Board of Immigration Appeals as a reviewing authority. and. after all. that is only at his discretion. then if under those circumstances the Administrative Procedure Act applies. you can write my amendment in the bill and accomplish exactly what the Attorney General says he proposes to do. If he is correct on that. and under those circumstances. the Administrative Procedures Act applies. you can write my amendment Into the bill and do exactly that. and it will not affect it at all except that it will compel the Attorney General to provide for submission to the Board of Immigration Appeals. or else to hear the matter under the standards of adjudicatory procedures of the Administrative Procedures Act. So the amendment does not add anything more than what you say the Attorney General is going to do anyway. The only thing is. it does not depend on the grace of the Attorney General to afford due process. It provides for due process as a matter of right. It tells him that he has to afford due process. Whatever procedure he sets up. whether it be through the Board of Immigration Appeals or otherwise. he should proceed with all due process. That is all the amendment does.