Speech #970142575

In general. I have no bones to pick with those who wish to keep our judicial system as streamlined and orderly as possible. However. the cumplexities and uniqueness of th.. problems involved make the establishment of an Immigration Court a clear exception. The magnitude and grav!ty of the illegal alien problems requires the establishment of an orderly and tightly structured Judicial mechanism for handling these matters In an expeditious way. Aside from creating the separate court as set forth in this bill. no other involvement of the Federal courts could succeed in this task. to inv lve them in another manner could only bog the process down even more than It is today. Besides. as the Chief Justice has so recently reminded us. our Federal district courts and circuit courts of appeals are already mired in an overwhelming increase in their workload. Finally. it should be noted that the Select Commission on Immigration recommended such an article I Immigration Court as is presented in this bill. Recognizing the need for a more equitable and efficient method of processing exclusion and deportation cases. the Commission stated in its report: The Article I Court offers an advantage over a quasiJudicial system because it provides one hearing and one appellate revl.w in place of the layering of review that characterizes the present system 1 0 0 tile new Court also olfers the potential for introducing Judicial uniformity into review of denials of applications and petItionsmatters that now occupy the attention of District Courts around the country. The elimination of potential disparate rulings by Courts of Appeals should discourage further litigation. The Commission majority went on to conclude thatAn Article I Immigration Court is more likely to attract outstanding adjudicators. Improvements In the caliber of personnel will enhance the quality of decisions and generally eliminate any need for further evlew. The need for streamlining and elevating tile immigration adjudication process is clear. A court structure will assure that fair and appropriate proceedings are conducted. that cases are handled in a timely fashion. and that obvious dilatory procedural challenges are prevented. In addition. decisions of judges would not be tainted by any attachment to the executive department of Government and adequate support services would be available. The formation of an Immigration Court and the reform of procedures surrounding the processing of undocumented aliens in exclusion. deportation. and asylum matters are long overdue. 0l 1230