Speech #970273210

State and Federal. will provide an important measure of protection in many cases of discrimination based on national origin. Congressional oversight. moreover. will help insure that the new statute is properly enforced. Another major focus of this legislation is reform of the immigration adjudication process. Today. exclusion. deportation. and asylum adjudications are beset with crippling delays. H.R. 7357 upgrades the administrative adjudicatory structureby providing it greater independence and statureand thus minimizes the need for protracted Judicial involvement. The Judiciary Committee has preserved the critical role of the Federal judiciary in adjudicating the important libertyrelated matters that arise in some immigration cases but has eliminated needless layering of review. We have combined due process with necessary reforms. This legislation. finally. recognizes that substantial numbers of illegal aliens are here to stay and responds realistically and humanely to their plight. At the same time that we act with firmness to deter future illegal entry. we must display compassion in our treatment of those aliens who have become a part of our society. The conferral of a legal status on undocumented aliens with years of U.S. residence will permit this population to come out of the shadows and contribute more to our country. The Select Commission. by a 16tozero vote. favored "a legalization program as part of its enforcement package." Precedents in U.S. law for legalizing the status of undocumented aliens can be found in the registry datewhich serves as a statute of l1mltations on illegal entryand the discretionary remedy of suspension of deportation. H.R. 7357. in my opinion. sets appropriate cutoff dates for eligibility for legalization. They are the same dates incorporated in S. 2222. Persons who entered the United States prior to January 1. 1977. may qualify for permanent resident status. and persons who entered prior to January 1. 1980. may qualify for temporary residence statusa transition status leading to permanent residence after 3 years. The approach of our Judiciary Committee and the other body represents an appropriate compromise between the views of those who would eliminate the legalization provisions entirely or only advance the registry date to 1973and those who would provide lawful permanent resident status to persons who entered prior to January 1. 1982. A failure to provide a substantial legalization ignores the equities of persons who have lived in the United States for a number of years. perpetuates the existence of a large underclass of illegal aliens. and continues to subject citizens and lawful permanent resident aliens to enormous social costs. The distinguished chairman of our committee pointed out in his eloquent remarks that many years already have been lost in addressing a critical national problemour lack of control over immigration. Any further delay would be unconscionable. The full Senate under the great leadership of the Senator from Wyoming acted in Augustand the ball is now in our court.