Speech #990082595

But then please know what happened with the socalled McGovern amendment of 1978. That already acts as a significant constraint on the United States excluding someone based on his or her membership in one of those organizations. Because it says. and this is the McGovern amendment: The Secretary of State should. within 30 days after receiving an application for nonimmigrant visa by any alien who is excludable by reason of membership or affiliation with a proscribed organization but who otherwise is admissible to the United States. recommend that the Attorney General grant the approval necessary for the issuance of a visa to such alien. That is a waiver there and that is used and used quite often. The Secretary of State. under the McGovern amendment. must favorably recommend a visa for someone who is subject to an ideological exclusion unless he finds the admission would be "contrary to the security interests of the United States." Then the Secretary must send a certified finding to the Speaker of the House. the Foreign Relations Committee of the Senate. and the burden is clearly upon the Secretary of State to prove that the alien is dangerous. I think we want to be certain also that we are aware that last year. 26.000 people came forward under these provisions and only 600 were excluded. The exclusions were waived for over 25.000 of them. Six hundred of them were excluded and remained excluded. were not able to receive the waiver under the McGovern amendment. Under our present system. 25.400 received the waiver and visitor visas and came to the United States. To me. that seems like a very generous thing. That did happen in the United States and when we get to some of the famous excluded aliens. such as Carlos Fuentes and Gabriel Clr.rcia Mfrquez and Farley Mowat. they are sometimes allowed to entermost of them are allowed to enter under the McGovern amendment. What they choose to do by their action is criticize the United States. receive another forum. and enter in the hope of making an ever larger market for whatever their views are and their books that they intend to write about this country. I think we want to keep that in mind and. like the other general questions about legal immigration. I hope we might consider this after disposal of S. 1200 and after a fuller record has been developed through the usual processes of committee hearings and markups and that type of activity. Since this amendment does so much and deal only with legal immigration and not illegal immigration. I think it appropriate that I move to table the amendment at the appropriate time. but without limiting in any way further debate on this issue.