Speech #960284246

But I think it clear enough from the nature of the crimes and the passage of time that to use these events as absolute and unyielding bars to his admission to this country is unfair and unnecessary. Even the Court of Appeals for the Second Circuit. upon being required by the legislative scheme to affirm a denial of Mr. Chiaramontes application by the Board of Immigration Appeals. felt compelled to remark: We are not unmindful of the seeming harshness in turning petitioner away because of two minor criminal escapades committed in his youth. Neither are we unaware that INS steadfast denials of Chiaramontes various applications may seem somewhat quixotic when viewed against the veritable flood tide of immigration. legal and illegal. which this nation has experienced of late. But the court also made it clear that it was not free to substitute its own judgment for that of the national legislature when. as here. the matter is one clearly entrusted to Congressand this is so even though its ruling may produce an unfortunate and harsh result in a particular case. As the court said: The regulation of immigration is a matter entrusted to Congress. . . . and we are not free to substitute our Judgment for that of the national legislature merely because the statutory scheme dictates a severe or unfortunate result in a particular case. We are not so constrained. We do have the power to adjust the legislative scheme to avoid the wrong result in a particular case. and with the bill we introduce today. we urge that we take that step in the case of Michele Chiaramonte. The bill we are introducing focuses directly on the problem at hand. It states simply that the two escapades of another. extraordinary era. that I have already described. shall not be used as a basis for excluding Mr. Chiaramonte or denying him a visa. My bill thus will leave the relevant agencies and authorities entirely free to consider whatever other facts they deem relevant in considering the merits of Mr. Chiaramontes application. But more important. my bill will leave Mr. Chiaramonte free to apply for admission to this country. unencumbered by what almost everyone concedes are unfairly disabling skeltons of the past. I truly believe this is a fair and just way of resolving the situation and one more in tune with the true aim and spirit of our immigration laws. By Mr. SARBANES (for himself.