Speech #970008999

Mr. President. I am today introducing legislation to allow State courts to retain a greater share of the fees they collect for the processing of naturalization petitions. Under current law. clerks of the State courts may retain onehalf of up to $6.000 annually or $3.000 for this service. This bill would eliminate that limitation. This $6.000 limitation was set many years ago when the filing fee for a naturalization petition was $5. Today that fee has risen to $25. and a State court reaches its $6.000 limit when 240 petitions are filed. Presently. there are 23 State courts which receive substantially more than 240 petitions. and these judicial bodies are ineligible for further compensation for the valuable serviceFthey render to the Federal Governmen+ and courts. In a June 1977 letter to House Judiciary Chairman PETER RODINO. Assistant Attorney General Patricia M. Wald expressed the administrations support for this updating of immigration law: The state courts ... relieve federal courts of workloads which they can ill afford to absorb. reduce distances of travel for both petitioners and Immigration and Naturalization Service officers. and produce savings in Service Manpower and funds. They have not been adequately compensated for their contribution to the citizenship program. More recently. the Senate Judiciary Committee recognized that present arrangements are clearly inequitable. S 1763. the Immigration and Nationality Reform Act of 1980. was reported to the Senate on July 23. 1980. Tbhat bill contained a section raising the ceiling on retained fees from $3.000 to $20.000. Unfortunately. S. 1763 was not taken up on the floor in the closing days of the 96th Congress. While its proposed change was certainly a large step in the right direction. the legislation introduced today would eliminate the ceiling entirely as there is no sound reason why State courts should process any naturalization petition without compensation. I hope that my colleagues will agree that. as a matter of simple equity. State courts should receive more adequate compensation for the national service they render in the processing of naturalization documents. Mr. President.