Tom C. Clark

“ We would be lax in our duty if we did not give recognition also to the congressional purpose to override the savings clause when other considerations were thought more compelling than the preservation of the status quo. If we are not to nullify this clear legislative purpose and render meaningless the 'notwithstanding' language of § 318 and the other sections, we must find for the Government and hold that § 318 bars petitioner's attempt to compel a hearing on his naturalization petition while the deportation preceeding is pending. ”

“ In making this contention, petitioner gives away nothing and gains nothing. If the groups for deportation are the same under the prior law as under the new Act, then nothing in the new Act affects petitioner; it is clear that rights under the savings clause have not been infringed even if there is no specific exception. Only where something in the new law introduces a change, thereby affecting one's status under the old law, is the savings clause called into play. ”

“ This section prohibited naturalization or the holding of final hearings on naturalization petitions where deportation proceedings were instituted 'under the provisions of this or any other Act.' The 1950 Act took effect immediately and contained no savings clause, although it introduced new grounds for deportation which were to be retroactively applied. ”