Speech #970099055

BIA decisions must be issued in writing. Under section 106 (b) of the Act. an alien under a final order of exclusion by the BIA may obtain judicial review only by habeas corpus proceedings. "The Fair and Expeditious Appeal. Asylum and Exclusion Act" will streamline those proceedings when an alien cannot present any documentation to support a claim of admissibility. Under this proposal the initial questioning of a particular individual would be conducted by a trained Immigration and Naturali7ation Service asylum officer. The examination would be oral and no transcript would be made of it. In most cases involving undocumented aliens. the examining officer would make en immediate decision to exclude the alien. There would be no right to an administrative appeal. The removal or return of the alien to his home country would be accomplished as soon as possible. "The Unauthorized Entry and Transportation Act" is based on the Decenber 19. 1980 decision of the United States District Court for the Sothern Diltrict of Florida. In the case of United gtates v. Anava. et al.. No. 80231CREP9. the court dism!iFse the indictment of persons who were charged with unlawfully bringing undocumented Cuban aliens into the United States In violation of section 274 of INA. The court held that section 274 does not apply to instances in which persons immediately present undocumented aliens to Immigration and Naturalization Service officials. This decision has prevented any criminal prosecutions of persons involved in bringing in undocumented aliens during the Marlel boatlift. The result of the holding Is that the United States does not have an effective criminal sanction against such conduct. The Anaya case is In the process of appeal. Nevertheless. there is a threat of immediate harm that might arise from the lack of an effective criminal penalty for bringing undocumented aliens to our country and taking them directly to the Immigration and Naturalization Service. Therefore. this proposal would amend the seizure and forfeiture provisions for conveyances involved in violations of section 274. "The Immigration Emergency Act" would permit the President to declare an "immigration emergency" to enable the United States to respond to the actual or threatened mass migration of visaless aliens to the United States. This proposal would amend the Immigration and Nationality Act by adding new sections 240a through 240e (8 U.S.C. 1230a through 8 U.S.C. 1230e). This legislation would enable the federal government to respond more effectively to future mass migrations. One of the ways the legislation seeks to do this is by prohibiting resIdents of the United States from aiding aliens In their efforts to enter the United States.