Speech #930266361

Mr. Speaker. I am today introducing legislation to bring the Immigration and Nationality Act into conformity with the Comprehensive Drug Abuse Prevention Act of 1970 regarding the treatment of persons convicted of misdemeanor possession or distribution of marihuana. Under Federal narcotics law. a first offender convicted for the possession or distribution of a small amount of marihuana may. under certain circumstances. be discharged from custody and have the record of his brush with the law wiped clean. On the other hand. the Immigration and Nationality Act operates with excessive and outdated harshness by requiring the deportation or exclusion of an alien so convicted. The legislation I am proposing offers. I believe. a more humane and modern alternative. It would give the Attorney General of the United States the authority" to establish a procedure by which aliens. convicted of misdemeanor marihuana offenses. could have the deportation or exclusioin provisions of the Immigration and Natonality Act waived. There are several safeguards associated with the waiver provision I am proposing. First. deportation or exclusion of individuals who have been convicted of offenses related to the sale of drugs or to the possession of hard drugs or large quantities of drugs would still be required. Second. in any case where an alien seeks the benefit of the waiver provision of the act. a hearing must first be held after notice to interested parties. The hearing procedure would assure that if reasons exist for the Department not to issue the waiver they would be brought out before the visa is accepted. And finally. the Attorney General would be able to restrict or otherwise condition the waiver on terms he deems fit so that the interests of society would best be served. I sincerely believe that the time has come to amend this harsh provision of the Immigration and Natonality Act so that it may accurately reflect the attitude of todays world. Included herewith for reference is the text of the bill: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That Section 212(a) (23) of the Immigration and Nationality Act (8 U.S.C. 1182(a) (23)) Is amended by striking the semicolon at the end thereof and inserting: ". except that in the case of any alien (A) to whom the provisions of this paragraph apply by reason of his conviction for the possession of marihuana or for distribution of a small amount of marihuana for no renumeration. and (B) who is otherwise admissible into the United States. the Attorney General. after a hearing and under such terms. conditions. and procedures as he prescribes. may receive such aliens application for a visa and consent to his admission into the United States.". SEC. 2. Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1251(b)) Is amended to read: "(b) (1) The provisions of subsection (a) (4) of this section. respecting to the deportation of an alien convicted of a crime or crimes. shall not apply (1) in the case of any alien who has. subsequent to such conviction. been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States. or (2) if the court sentencing such alien for such crimes shall make. at the time of first imposing judgment or passing sentence or within thirty days thereafter. a recommendation to the Attorney General that such alien not be deported. due notice having been given prior to making such recommendation to representatives of the interested State. the Service. and prosecution authorities. who shall be granted an opportunity to make representations in the matter. The provisions of this subsection shall not apply In the case of any alien who is charged with being deportable from the United States under subsection (a) (11) of this section. except an alien who is deportable by reason of his conviction for possession of marihuana or for distribution of a small amount of marihuana for no renumeration. "(2) The Attorney General. after a hearing and under such terms. conditions. and procedures as he may prescribe. may waive deportation of an alien to whom such provisions apply by reason of his conviction for the possession of marihuana or for distribution of a small amount of marihuana for no renumeration.". SEc. 3. Section 101 (a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting the following new paragraph after paragraph (40) : "(41) The term "marihuana" shall have the same meaning as contained in section 102(15) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802(15)).".