Mr. President. I have submitted two other amendments relating to the limitations on judicial review of exclusion cases. to assure that persons being held for deportation under the exclusion provisions of the immigration law can seek judicial reviewas they can under current law. As everyone who follows immigration law knows. our exclusion laws are hopelessly vague and out of date. The select commission voted unanimously that we should throw them nut and reform them entirelywhich is the intention. I know. of the chairman of our subcommittee and the manager of the bill. However. until those reforms are accomplished. is it the view of the manager of the bill that persons in exclusion proceedings can seek judicial review if they believe they have been the subject of discriminatory treatment? I have already discussed asylum cases. In nonasylum deportation cases a substantive review of the U.S. immigration boards decision would be available. including whether the findings of fact were supported by substantial evidence. In addition. for exclusion cases. the issue of whether aliens are being excluded and unlawfully detained or otherwise subjected to significant restraints on liberty in violation of their constitutional right to due process may be considered by a federal court in the habeas corpus proceedings guaranteed under the constitution. Due process for an excluded alien includes the individual adjudication of his case through fundamentally fair procedures. procedures which could be relied on for an objective determination. on the merits. of whether or not he is excludable.
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