Speech #930091839

Congress felt that. in many circumstances. it was more important to unite families and preserve family ties than it was to enforce strictly the quota limitations or even the many restrictive sections that are designed to keep undesirable or harmful aliens out of the country. In I.N.S. v. Errico. 385 U.S. 214 (1966). the Supreme Court interpreted section 241(f) of the Immigration and Nationality Act so as to save from deportation an alien who misrepresents his status for the purpose of evading quota restrictions. if he or she has the necessary familial relationship to a U.S. citizen or lawful permanent resident. even though the deportation charge did not. result directly from the misrepresentation. In that case. the Supreme Court reviewed the legislative history of section 241(f) and its predecessor statute (Public Law 85316. 71 Stat. 639 (1957)). The Court concluded that the intent of the predecessor statute. section 7 of the 1957 Act. was "not to require that aliens who are close relatives of U.S. citizens have complied with quota restrictions to escape deportation for their fraud. (stating it) is clear from its language. and there is nothing in the legislative history to suggest that Congress had in mind a contrary result." The Court stated. at page 224: The fundamental purpose of this legislation was to unite families.... the Act principally granted relief to persons who would be temporarily or permanently separated from their nearest relatives if the strict requirements of the Immigration and Nationality Act. including the national quotas. were not relaxed for them. And the Court continued. at page 225. stressing the humanitarian purpose of the statute of "preventing the breaking up of families composed in part at least of American citizens" or lawful permanent residents. Despite this affirmance by the Supreme Court of the clear expression of intent on the part of Congress to unite families and grant relief from deportation. it has been the policy of the Immigration and Naturalization Service to interpret this section 241(f) in as limited a fashion as possible. To correct this and further the humanitarian purpose of reuniting families. the word "child" in section 241(f). like the word "child" in section 212 (i). should be changed to "son. or daughter." making the two sections consistent. and excluding spouses. parents. sons or daughters of U.S. citizens or of permanent residents from excludability or deportation because of fraud in procurement of a visa or other document. or in entry into the United States. This humanitarian purpose of reuniting families would be accomplished by my bill. Mr. President. I ask unanimous consent that the text of my bill amending the Immigration and Nationality Act to include sons and daughters within the provision relating to exclusion from deportation from the United States of aliens excludable for fraud be printed in the RECORD at this point.