Senate Report Proposes Changes to Habeas Corpus Appeals in Warrant of Removal Cases,govinfo.gov Congressional SerialSet

Senate Report Proposes Changes to Habeas Corpus Appeals in Warrant of Removal Cases

A recent publication from the U.S. Government Publishing Office (GPO) highlights a significant legislative proposal from 1938 concerning habeas corpus proceedings related to warrants of removal. The report, identified as “S. Rept. 75-1943,” was ordered to be printed on April 20, 1938 (with a calendar day designation of June 1, 1938), and details a proposed act aimed at abolishing appeals in habeas corpus proceedings that test the validity of a warrant of removal.

This Senate Report, made accessible through GovInfo.gov, provides a glimpse into the legislative landscape of the late 1930s and sheds light on the governmental considerations surrounding the judicial process for individuals facing removal from a jurisdiction. Warrants of removal are typically issued in cases where a person is sought for legal proceedings or to serve a sentence in another jurisdiction, either within the United States or internationally.

The core of this report lies in its proposal to streamline or alter the appeal process for habeas corpus petitions filed in such cases. Habeas corpus is a fundamental legal writ that allows an individual to challenge the legality of their detention. When a warrant of removal is issued, a person may petition for a writ of habeas corpus to question the legal basis for their transfer.

The Senate Report, by suggesting the abolition of appeals in these specific circumstances, indicates a potential move to limit the avenues available for challenging a warrant of removal through the appellate courts. Such a change could have implications for the speed and finality of removal proceedings, as well as the rights of individuals subject to them.

The specific rationale behind this proposed legislative change is not detailed in the provided metadata, but such proposals often stem from a desire to:

• Expedite Justice: By reducing the possibility of lengthy appeals, the process of returning individuals to face legal proceedings or serve sentences could be accelerated.
• Prevent Dilatory Tactics: It’s possible the legislators were concerned that appeals in these cases were being used to unnecessarily delay or obstruct the removal process.
• Clarify Legal Authority: The proposal might have aimed to solidify the authority of the issuing court or official in determining the validity of a removal warrant.

The publication of this report signifies that the proposal underwent consideration within the Senate at that time. Without further information from the full text of the report, it remains unclear whether this proposal was ultimately enacted into law or what its specific impacts might have been. However, its presence in the Congressional Serial Set underscores its historical relevance in the evolution of legal procedures surrounding warrants of removal and the writ of habeas corpus in the United States. The accessibility of such historical documents through platforms like GovInfo.gov is invaluable for researchers, legal professionals, and the public seeking to understand the nuances of American law and governance.

S. Rept. 75-1943 – Abolishing appeals in habeas corpus proceedings to test validity of warrant of removal. April 20 (calendar day, June 1), 1938. — Ordered to be printed