https://dh.scu.edu/exhibits/files/original/90/2887/Bill_to_the_Subcommitee_on_Immigration_and_Naturalization.pdf 15936cbe7eb34d4922566ee0203ea223 PDF Text Text [CONFIDENTIAL COMMITTEE PRINT] [This bill bas been ·assigned to the Subcommittee on Immigration ai111l Na,turalization] Calendar No. !Jan CONGRESS 12d Session SENATE } { REPORT No.-- TO CLARIFY THE ACTHORITY OF THE ATTORNEY GE);ERAL OF THE UXITED STATES TO EXCLUDE AND DEPORT ALIENS FOR FRAUDl,LENT EXTRY ______ .:. ___ ,-Ordered to be printed Mr. ----------------, from ·the Committee on the Judiciary. submitted the following REPORT 3'),.. [To acco1111mny S. 'lj The Committee on the ,Judiciary, to which was referred the bill ( S. 3244) to. clarify the authority of the Attorney General of the United States to exclude and depOl't aliens for fraudulent ent1·y, having considered the same, reports favorably thereon with an amendnwnt !tnd recommends that the bill as amended do pass. AMENDMENT On page 2, line 11, change the word "section" to read "subsection." PURPOSE OF THE BILL The purpose of the bill as amended is to amend section 241(£) of the Immigration and Nationality Act to clarify the legislative mtent through more precise definition of the conditions under which a waiver of deportability would be applicable to aliens with fraudulent entries. The exei'cise of such authority in eligible cases would be left to the discretion of the Attorney General, 88-137-74-No, 171 This content downloaded from 129.210.115.225 on Mon, 28 Feb 2022 20:17:05 UTC All use subject to https://about.jstor.org/terms �2 ST.\'l'EMEXT The purpose of the pl'esent section 241(£) of the Immigration and ·N a,tionality Act Wf),S to ,waive a single gl'ound o:f dep01tation, arising ~ut ?f misr~pres~*'ati.9h~ t11 J)ro.c\1ring entry, ~or aliens with a ?lose fa1mly relat1\•e ,vhii \s a U.l:i. c1t1zen or an alien lawfully achmtted fo1: •:permanent residence. However, some courts by their liberal readings of the statute appear to ha.ve 1nisui1det'stoocl the legislative intent. Nu1nerous deportable aliens have ti1ereupon sought to exprmcl the statnte into a charter o_f a111nesty-a vehicle for waiving all restrictions for those aliens who entered the United States through fraud. In doing so, these deportable aliens have found it useful to claim they have committed fraud, tl1ei-eby es~ablishir':~ a \Jasis for cont~nding that they were ~ntitl~d lo benefits not aya1mble to the law-ab1dmg. Enactment of tins leg1s1ation, by clearly defining the scope of section 2'11 ( f), would curtail the distortioi1· of the statute and would allow the Iinmigration and Naturalization Service to deal in ·a rational way with the 1nany problems that have been created in administering this provision, It would: First. Limit the waiver of depmfobility to those who entered with imniigrant visas; . Second. -waive only the depoi-tation ground reh,ted to the misrepre- sentation; Third.·Define the tel'lll "otherwise t1dmissible ;" Fomth. Allow the waive,, to be granted only in the discl'etion of the Attorney General; t1nd . Fifth. Regard as lawfully admitted for permanent residence an alien who has been granted such waiver. The following letter dated December ·20, 197'3 to the Vice Presiclent from the Acting Attomey Geneml with reference to the legislation 1·eacls as follows : . OFFlQB OF 'l'HE i-\..rl"l'ORNEY G1i:~EIUL, 1 Tli;. · ,Vicm ·PRE~i~EN'l\ U:S.'• Sencde, Waskinqt01i,: D.O. · vVashington, D.O., Decembe1· PO, 19'7J: D~,_\n'n1IR. VICE,PRESIDEN'l'__: There. is t1·nirn111itted hen\Witl1 a, legislative proposal to amend section 24l(f) of the Immigration and NatioJialit.y 4-ct, .8 U.S.C. 1251 (f) to clarify the authority of the Attorney Gene.ral' tO exclude and deport aliens for fraudulent entry iilto the Fnited States. In its present form, section_ 241(f) has produced considemble confosj011 ,i;nd litigation ancl ha$ impeded ,the effective administration of .the i111n1igr.ation 1avvs. , · : . ·. · · · .. Section '241( f) waives cleportwbility, on the ground that the. alien ,yas ,excludable ,at the time of entry because of fraudulent mis-state. n,tents, · for aliens with close. reh,tives· in the United .States. The ·i,aronnd" of exduda.bility for misrep1·esenta,tions, and Consequent de.- p~rtability, mentioned in section 241(f) is that set forth, in virtually identical language, in section 212_(a) (19) ?f the Act (8 U.S:\J. l182(a) (19)). -Moreover, the statute specifies that its benefits are available only 'Judi. 171 This content downloaded from 129.210.115.225 on Mon, 28 Feb 2022 20:17:05 UTC All use subject to https://about.jstor.org/terms �:3 i,, to alien·S who w~1:e 1'othen~•ise admissible ·a.t.-tl1c· tin1e_:of·e11t.'r'yi':''•-The language of the statute clearly indicates that' it \va's emriltecl f91' the lin1ited ·purpose of waiving· a single and 1~elatively 1ninqr oTOU'tld -f'iJL' ~epor~ati9n7 arising out <;>f misrepresentfl;ti_~ns· ii.1 prOmi.i•i~g_:. ~_nf1·~~~ for a.hens with n close fa1111 ly relative ·who 18 a Dinted States· c1bZe11 or an alien la,yfnlly admitted fo1; .Permanent residenc6.' i: · . ,. ,.,-; .: . However, the Supreme Court, m INS v. E,·,'ioo, 385 U.S. 214,(196$), i'eacl the; statute as waiving cleportability \vhere the aliil1i lmd ei1teretl with an im1nigrant visa and had evaded ·quota ·I'est6C~ions . bf hi$ misrepresentation. Encouraged by thi13 generous reading of the statute, litigants have sought to expand sectioi1 241(£) int,o it ehartei-' of amnesty, w~iving -all restrictions for those·w}~d had ente;red thB'U1iitetl ,States through fraud. Some courts, particularly tlwC01frt' 6f Appeii:ls for the Ninth Circuit, have been persuaded to adopt expansive i11te1·0 i:>retations. Hundreds of cases have been develop·ed iri the'. administratiye and judicial processes, and cleportable aliens have fotmd it, \lflefol to assert that they have committed fraud in contending that they were therefore entitled to benefits not available to the law0 abicling.'' ,, .,_~ brief review of sonie of the typical isS1108 that hii,ve a·risen --£0119\'i·s: . .I\. conunon contention has b~en that an aliei1 whO entered :as a :f-ion.:. immigran~, and is ?harged w_ith being cleportable for havi11~ Mel'stayecl h1s authorized achm~:,10n, c_an , e~cape clepo~tab1hty , by contenclmg that he had an unchsclosecl mtent10n to comm1t.'francl ai1cl that he ean insist on being chitrged with such· fraud so 'tha:,t . he Can invoke the benefits of section 241(£). This contei1tion was suceess:l'nl in Fitales v. INS, 443 F.2cl 343 (9th Cir. 1971) · ,,qertiorari grante'cl hnt thereafter dismissed, apparently on ~-rolni_d· of moot~1eSS;· t11e ·,n11.Pn having· left the United States, 405 U.S. 983'. However, aftei' cli~missaJ of the Fitales case the Government persuaded the Ninth Oirci1it',to re,-el'Se itself a)1cl to uphold a deportation order against· a11 overstated nonimmigrant, in Oalnwo-Flo,w and Mangabat v. INS, (9th Cii'., April 13, 1973). 'Miss Mangabat has filed a petition for certiol'ari to review that decision, which is no-w pending be:EoTe the Supreme Coui·t. _._-\_nothe1· contention re1ates to i1.lie1is ''\'i'ho hnYe- entered without inspection, and, who contend that they are ,neverthel,ess entitle.cl to a waiver of cleportability unclei· section 241 (f). This eoi1tentioi1 is 1la r, ticularly significant in connection ·with sn1Teptitious entl'ies a·CroSS ·the Mexiea11 borcler, In iJfo11a,•1'ez-Monrm·ez v. Rose:nberg, 472 F, 2d 119 ( Dth ('il'. 1972) the court rejected a contention tlrnt section 241(£) conlcl be extended to include such surreptitious entmnts. ,The court obsened: , , "If petitioners' rea.ding of section 241 (f) were adOptecl,. no aH~n ,Yho illegally entered this country and who \Yfls not o.therwl..$e inachx1i~sible COl\ld be cle]?ort~cl by reason of his i)legal ei:tr:v after he, acqui,:ed the 1·eqn1s1te fmn1ly ties. Congress had no such ahen b9nanza.}n 1nind." A petition for certiorari challenging- that _decision was. flied .in Oastellon-Dua,•te v. INS, and was denied by the Sup1:en{e Ootfrf'on ,June 11, 1972. Supreme. Court No. 72-6312. On tl,e other hand, the ~inth Circuit has h~lcl that a pe1~6n wh~ enters :Y,ithout,proper h;,spec, bon, on a false cl_ann to U.S. c1t1zensh1p,- can 1,nvok~ the . . b.eneJits of section 241(£). Ohuey v. INS, 439 F. 2d 244 (9th Cir. 1971); U:/3.,:, (),,unri.-Picos, 443 F. 2d 907 (9th Cir. 1971). Oh,rey overruled the Attomey General's decision in Matte,· of Lee, 13 I&N Dec. (19\10): Judi. 171' I This content downloaded from 129.210.115.225 on Mon, 28 Feb 2022 20:17:05 UTC All use subject to https://about.jstor.org/terms �4 (/~~~1~f!-.~?_-ioo,'.i disn~iss~.~l. a.. cdJnintl l p rosecutio_n fo 1: i11 eg:,a J. ree.nti:y. fo J,. lowrn,g a deportat1w,, wlnchthe.conrt founcl.mvahclbecanse of section ¥41:(f). , ,, ,·. • ,,, . ·.·. . . ,,' ', . . . ·: The g'o\rei,·nment.'s position is t._h.rt_t an alien .who_ ente1•s :wit.hotlt a:i1 ip.1nj\gr.ant. vhi~. 'i:;,•.1iOt_-''otherwIBe admis_sib_iB" ":it-hii~. the contemplation <,>f'section241 ( f), ri1id.i.t is urging the .sam.e issue in regat:d .to aliens ,tho a.llege .that tliey e1itered across the Mexican border ·on the basis o1 a false_cla.irr: to Unite.cl State~.citjzenship, who have acquired clbse re:l.atwes m this. cot1nt.ry, a1,d who. contend that. they. are. therefore exim11;t from deportati011 under section Ml(f). . . .. · These .and .other issue.s._involving section 241(.f) .. have ent.ailed a distifrtiin)_ of the st11fate m"Lhave t'aised se1•ious. enforcement pl·obleip3. Therefore, ,a1.1 al)1e1idnient to sectioi, 241(£) which would cleal'ly clefilie its scope i.n the following respects it being proposed.: . 1. th'e waiver 6£ clep<irtahi.lity ,wuld be limited to Uwse who entered with immigtant visas; . . '2, only the deportation ground related to the misrepresentations would be waived; H. the waiver would not be automatic and ,vonld be gmnted only in the discretio1i of the Attorney General; 4. upon grant of the waive,· the alien would be regiirded as lawfnll:y admitted £or permanent residence, eliminating an uncertainty in his status under the present statute. . In order to clarify the Congressional purpose and to eliminate existing confusion, I respectfully nrge that this proposal be enacted with-, out unnecessary delay. . The Office of Management and Budget has advised that enactment of this legislation would be in accord with the program of the President. Sincerely, . ------, Acting Att01~iey Gene1'al. RECOMl\:IENDATION The committee, after consideration of all the facts, is of the opinion that the bill ( S. 3244) as amended should be enacted. '· CHANGES IN EXISTING LAW In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as reported:, are shown as follows ( new matter is printed in it·alic, n1atter proposeel to be omitted is printed in black brackets, existing law in whfoh no change is proposed is printed in roman) : SEO', Ml(f). In the diii01'etion of the Att,miey General, the provisim1s of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of MY e11try 01' admission as aliens who have sought to procure, or have j>ro?ured visas cir other documentation, or entry or adwission into the Un~ted States by fraud or misrepresentation [shall not apply to an alien]' may be wavved for M alien who was adrn/4tted or was g1'Mted adj,1stment of stat,is as am, irrvrnigrwnt 01' ,oho 1'eentered follo,uing a Juell. 171 This content downloaded from 129.210.115.225 on Mon, 28 Feb 2022 20:17:05 UTC All use subject to https://about.jstor.org/terms �5 temporan; absence afte1' such admission or ad,iust,nent,_who was otherwise admissible at the time of the f,,cuudulent entry or adjust,nent, and who is the spouse, parent or child of a United States citizen or of an alien lawfully admitted for permanent residence. An alien granted a waive,, unde1' this subsection ioith ier)ard to an initial entrlJ or adjustmmit of status as an irnmvigrant shall be 1'ega,'ded as lawfully admitted f01' perwu11nent ,,esidence as of the date of waive,', For the pwrpose of this subsection, an alien shall be demned to have been "othe1'Wise adrnis, sible" whe,'e no othe1· growiids of inadniissibility ewi:Jted_ at the ti,ne of the fraudulent entry 01' adjustrnimt ewcept: - ( J) ilneligibility fo1· the speci.al i'lllJlnigrant, vn111nediate ,,elative, o,• p1'eference im,n,igrant status accorded hirn, (:B) irnp1'oper oha1-gedbility to a foreign state or dependent area for the purposes ·of ni,,nei·ioal lwnitation set forth in section 18018, (3) lack of a certification Wluler section iJliB(a) (14), 01' (4) lack of a valid passpm•t. _ 0 ' ' . i ,Tudi. 171 This content downloaded from 129.210.115.225 on Mon, 28 Feb 2022 20:17:05 UTC All use subject to https://about.jstor.org/terms � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Bill to the Subcommitee on Immigration and Naturalization – Report 3244 Creator An entity primarily responsible for making the resource Committee on the Judiciary Subject The topic of the resource Immigration, Deportations Description An account of the resource Bill to amend section 241 (f) of the Immigration and Nationality Act to clarify the legislative intent under which a waiver of deportability would be applicable. Publisher An entity responsible for making the resource available Center for Migration Studies (U.S.) Contributor An entity responsible for making contributions to the resource 89th, 92nd, 93rd Congress Date A point or period of time associated with an event in the lifecycle of the resource 1974-12-20 Type The nature or genre of the resource Government Documents Text Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context 060-cms105-b2f3i7 Language A language of the resource English