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[ljI1Tlii'1|lll||l ILLEGAL/UNDOCUMENTED ALIENS ISSUE BRIEF NUMBER IB74137 AUTHOR: Vialet, Joyce Education and Public Welfare Division THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE MAJOR ISSUES SYSTEH DATE ORIGINATED _1_1;g_6_g1g DATE UPDATED Q_'_7_;QJ_(§3__Q FOR ADDITIONAL INFORMATION CALL 287-5700 0703 ( §RS- 1 ‘ IB7fi737 UPDATE-07/O1/80 .»§Q§-D.§El21l$lQ§ Illegal, or undocumented, aliens are persons of foreign origin who have entered the country unlawfully, bypassing inspection; or who, after legal entry, have violated the terms of their admission, generally by overstaying and/or accepting unauthorized employment. In FY78, the Immigration and Naturalization Service located 1,057,977 deportable aliens, considerably more —than the 601,422 immigrants legally admitted that year. Furthermore, it is believed that many more undocumented aliens escape detection than are apprehended, and that they may contribute to a number of social and economic problems, primarily unemployment. At issue is how best to reduce the number and adverse impact of illegal/undocumented aliens in the United States. In FY73, the Immigration and Naturalization Service located 1,057,977 aliens who were deportable under the Immigration and Nationality Act (8 U.S.C. 1101 gt_§eg:), either because of illegal entry (92%) or violation of the terms of their entry (8%). Of the total figure, 976,667, or approximately 92% were Mexican nationals. Many of the illegal aliens apprehended were repeaters, with 30% a conservative estimate (for FY72), according to the General Accounting Office. The number of illegal aliens apprehended has been rising steadily during 2 past decade, from 161,608 in FY67 to over a million since FY77. This far exceeds legal immigration, which totaled 601,422 in FY78. Furthermore, many more escape detection than are apprehended, with estimates of the total undocumented alien population in the millions. The undocumented alien problem is generally agreed to be. primarily an economic one, both in its causes and effects. Increasing attention is. also being focused on the foreign policy implications of the problem, particularly as it relates to Mexico. The major impetus behind the illegal migration to this country is seen to be the economic imbalance between the United States and the countries from which the aliens come. They come here primarily to obtain employment and to escape poverty for themselves and their families, as well as to meet apparent employment needs in this country. Based on available information, U.S. employers are willing to hire undocumented aliens in spite of, and sometimes because of, their illegal status. Undocumented aliens are frequently willing to work for lower wages than U.S. workers because of the lower standards of living to which they are accustomed. They are also susceptible to exploitation in the form; of substandard wages and working conditions, and minimal fringe benefits because of their fear of being reported to the Immigratio and Naturalization Service. In general, undocumented aliens are thought to constitute a source of c ap labor which, where readily available on a fairly constant basis, has an at erse effect on U.S. wage standards and working conditions. Beyond this, undocumented aliens displace U.S. workers, adding to the country's already serious regional and national unemployment problems. The problem is no longer limited primarily to the Southwest border and agriculture, as has been the case in the past. On the other hand, some argue that many undocumented CBS- 2 IB7fl137 UPDATE-07/01/80 aliens take jobs that U.S. workers do not want, at least at the wages whic} U.S. employers are willing or able to pay. The U.S. Supreme Court on Feb. 25, 1976, in the case of Qggagag v. fiigg (#24 0.5. 351), ruled unanimously that California and other States can constitutionally legislate prohibitions on the employment of illegal aliens. with specific reference to the California Labor Code, the Court held that the prohibition of the knowing employment of illegal aliens in order to protect workers within the State is within the police powers of the State, and does not constitute a violation of the Federal Government's exclusive powerw over the regulation of immigration. On Jan. 6, 1975, President Ford established a Cabinet—level Domestic Council Committee on Illegal Aliens, chaired by the Attorney General. In his initial memorandum to the Committee members, President Ford stated, "This Committee will develop, coordinate and present to me policy issues that cut across agency lines to provide better programs for dealing with this National problem." The Preliminary Report of ‘the Domestic Council Committee on Illegal Aliens was released in January 1977. While it contained no numerical estimates, the report found that illegal immigration was significant and growing. In its Preliminary Report, the Domestic Council Committee concludedv that the major impact of illegal aliens at this time seems to be in the labor market, and recommended enactment of legislation establishing penalties for the knowing employment of illegal aliens, similar to that which has bee“ under consideration by the Congress for a number of years (see below). Th Domestic Council Committee concluded further that prevention of illegal entry was by far the most desirable enforcement policy. It also concluded that a massive deportation of illegal aliens presently in the United States would be "both inhumane and impractical," and recommended enactment of a permanent provision allowing for the regularization of status of certain illegal aliens who have been in the United States since July 1, 1968, similar to that "contained in S. 3070 of the 94th Congress. The problem continued to receive extensive study by the Carter Administration, principally under the direction of Attorney General Bell, INS Commissioner Leonel Castillo, and Secretary of Labor Ray Marshall. On Aug. 4, 1977, President Carter submitted a message to the Congress outlining "a set of actions to help markedly reduce the increasing flow of undocumented aliens in this country and to regulate the presence of the millions of undocumented aliens already here" (H.Doc. no. 95-202). President Carter proposed civil penalties for the employment of illegal aliens, increased Southwest border enforcement, continued cooperation with major source countries, permanent resident status for eligible aliens who had been here continuously since 1970, and a 5-year temporary resident status program ,for aliens who had been here continuously since Jan. 1, 1977. The President also indicated there would be a review of the existing temporary alien worker program as well as of our overall immigration policy. In the meantime, he indicated support of pending legislation to increase the annual limitation on Mexican and Canadian immigration from 20,000 each to 50,000 allocated on t basis of demand; such legislation was introduced in the Senate as S. 06 (Cranston) and in the House as H.R. 4308 (Patterson). The Administration bill, entitled the "Alien Adjustment and Employment Act of 1977," was introduced in the House in the 95th Congress as H.R. 9531 by Judiciary Committee Chairman Rodino on Oct. 12, 1977; and in the Senate as S. and‘,-an __ Q cRs- 3 1374137 0991; TE-0 7/01/so Bentsen, and DeConcini as cosponsors, on Oct. 28, 1977. The bill contains provisions implementing the President's proposals relating to employer nalties, and permanent and temporaryy adjustment of status for certain aliens. INS estimates that 765,000 aliens might be eligible for permanent adjustment on the basis of continuous residence since Jan. 1, 1970, and that as many as five million may be eligible for temporary adjustment for a 5-year period on the basis of continuous residency since Jan. 1, 1977. To date, the Carter Administration has not sponsored related legislation in the 96th Congress. Proposed legislative solutions to the problem of mass illegal entry have been under consideration by Congress since the 92nd Congress, although no major ones are being considered by the 96th Congress. Legislation enacted in the 93d Congress, P.L. 93-518, amended the Farm Labor Contractor Registration Act of 1963 to establish criminal penalties, in addition to the existing sanction of registration revocation, for certain farm labor contractors who knowingly engage the services of illegal aliens. Also in the 93d Congress, H.R. 982, establishing a graduated three-step series of civil and criminal penalties for all U.S. employers who knowingly hire illegal aliens, passed the House on May 3, 1973, but was not acted on by the Senate Judiciary Committee. A similar bill had passed the House in the 92nd Congress (H.R. 16188) and received no Senate action. Generally speaking, those opposed to the approach to the illegal alien problem embodied in these and subsequent related bills have argued that it would unduly and unjustly burden 0.5. employers, that it would be difficult to enforce, that it would lead to discrimination against Mexican-Americans, and that it would result in the separation of families. IA bill identical to the House—passed H.R. 982 was reintroduced in the 90th Congress, also with the number H.R. 982, and was the subject of several days of hearings by the House Judiciary Subcommittee on Immigration. H.R. 8713, a "clean" bill introduced by Representative Rodino, Representative Eilberg, and others, as a result of the Immigration Subcommittee's deliberations on H.R. ‘982, was favorably reported, with amendments to the House, on Sept. 20, 1975, by the full Judiciary Committee (H.Rept. 90-506). As introduced and reported, H.R. 8713 would have made it unlawful to knowingly employ illegal aliens, and would have established a three-tier civil and criminal penalty structure for violation, as well as an injunctive remedy. Unlike previous major illegal alien bills, it authorized civil action by the Attorney General in the event of alleged discrimination regarding employment on the grounds of national origin; and provided for the regularization of status ("amnesty") of certain illegal aliens who entered the country prior to June 30, 1968. H.R. 8713 was not brought before the House for a vote. The key bill on the Senate side during the 94th Congress was 5. 3074, introduced by Senator Eastland, Chairman of the Senate Judiciary Committee and of its Subcommittee on Immigration and Naturalization. This omnibus immigration legislation included graduated civil penalties for the knowing employment of illegal aliens, an injunctiveeremedy, and a provision allowing certain aliens who entered the country illegally prior to July 1, 1968, to establish a record of lawful admission. The bill would also have modified t‘* temporary alien worker ("H-2") provision of the Immigration and N ionality Act, to allow for their entry under certain conditions for permanent as well as temporary work. The Senate Subcommittee on Immigration and Naturalization held hearings on S. 3074, but did not report it to the full Committee. Other major Senate legislation in this area during the 90th Congress was 5. 561, introduced by Senator Kennedy, also a member of‘ the Senate Judiciary Subcommittee on Immigration. CR5. a IB7u137 UPDATE-07/01/80 Legislation enacted by the 9flth Congress, the Immigration and Nationality Act Amendments of 1976 (P.L. 9H-571), includes a provision prohibiting aliens who have entered the country legally as nonimmigrants, and who have subsequently violated the terms of their admission by accepting unauthorized employment, from adjusting their status to that of permanent resident alien while in this country. The provision is aimed at deterring tourists, foreign students, and other nonimmigrants from working illegally. In addition, the 1976 Act extends to the Western Hemisphere a preference system and 20,000 per-country limit, provisions previously in effect only for Eastern Hemisphere countries. These major changes in the regulation of legal immigration from the Western Hemisphere may have some impact on the illegal alien situation, particularly as it involves Mexico. In the 95th Congress, Representative Eilberg, Chairman of the House Judiciary subcommittee on Immigration, Citizenship, and International Law, introduced H.R. 1663, providing penalties for the knowing employment of illegal aliens. The bill is similar to H.R. 8713, as reported in the 94th Congress, with the omission of two provisions enacted in the 94th Congress. These are the ban against adjustment of status by aliens who have illegally accepted employment (P.L. 94-571), and the requirement that U.S. Immigration and Naturalization Service appropriations be authorized by the Congress on an annual basis (included as part of such a requirement for all Justice Department agencies in P.L. 94-503). Hearings on various aspects of the illegal alien issue were held b" several committees during the 95th Congress. These included hearings by th Senate Judiciary Subcommittee on Immigration on S. 2252, the Administration bill, in May 1978, and on S. 3093, relating to vehicle forfeiture, in August 1978; hearings by the House International Relations Subcommittee H on Inter-American Affairs on implications for U.S. policy in the Western Hemisphere, in nay-August 1978; hearings by the Senate Select Committee on Small Business on agricultural labor certification programs, in December 1977 ‘and January 1978; and hearings by the House Select Committee on Population on the general issue in April 1978. Neither H.R. 1663 nor 5. 2252/H.R. 9531, the Administration bill, received action during the 95th Congress beyond the Senate Judiciary Committee hearings on S. 2252. However, the Immigration, and Nationality Act was amended to provide for the seizure and forfeiture of vehicles used to illegally transport aliens into the United States. This amendment was contained in H.R. 12393, enacted as P.L. 95-582. It originated as S. 3093, a bill introduced by Senators Huddleston and DeConcini, which was reported by the Senate Judiciary Committee (S.Rept. 95-1276) and passed by the Senate with amendments. ‘ A second bill of relevance to the illegal alien issue was H.R. 12443, enacted as P.L. 95-#12. Among other things, this law created a 16-member Select Commission on Immigration and Refugee Policy, to include four members each from the House and Senate Judiciary Committees, four Cabinet members and four members appointed by the President. The Commission was to report the President and the Congress by Sept. 30, 1980 on its administrative and legislative recommendations relating to the admission of immigrants and refugees. This date was advanced to Mar. 1, 1981 by P.L. 96-132. The issue of undocumented aliens has been of major concern to the Commission. For more information on current immigration issues, see IB80063: Refugees -fiGISLATION Congress. House. and Monetary Affairs Subcommittee. Naturalization Service Regional Office operations. 93d Congress, 1st and 2d sessions. Hearings, Govt. Print. Off. , Hearings held Mar. 27, Apr. 3 and 10, may 18, June 18 and 28, 1973 (Part 2); Sept. 1973 (Part 3); Nov. Sept. 12, 17, and U.S. Congress. House. Subcommittee on In cns- 5 1374137 UPDATE-07/O1/80 Committee on Government Operations. Legali Immigration and Parts 1-5. Washington, U.S. 1973 and 1974. 616 p. 1973 (Part 1); 17 and 18, 1973 (Part H); and Aug. 197tl (Part 5). 13 and 1a, 13, 18, and Oct. 9, Committee on International Relations. ter-American Affairs. Undocumented workers: implications for U.S. policy in the Western Hemisphere. Hearings, 95th Con June 1, 20, 22; Ju Govt. Print. Off., U.S. Congress. House. No. 1. 2d’sessions. 1971. 1528 p. Part Hearings held May 5 and June 3, and June 19 and 21 June 2H and 25, 19 El Paso, Tex. and Jan. 21, 1972, 1972, New York, N. Washington, D.C. ( "Serial no. 13" ----- Illegal aliens. and 8, 1973. Wash 85 p. "Serial no. 1“ U.S. Congress. House. on Immigration, Citizenship and International Law. and Naturalization 2d session. Apr. Print. Off., 197a. "Serial no. 37" i----- Illegal aliens. Illegal aliens. (Part 2) ; Oct. 22 and_ 23, 17-18, 23-24; Washington, U.S. 2d session. may and Aug. 3, 1978. #73 p. gress, ly 26; 1978. Committee on the Judiciary. Subcommittee Hearings, 92d Congress, 1st and s 1-5. Washington, U.S. Govt. Print. Off., 1971, Washington, D.C., , 1971, Los Angeles, Calif. (Part 1); 71, Denver, Colo., and July 9 and 10, 1971, Chicago, Ill., 10 and 11, 1972, Detroit, Mich. (Part 3); Mar. I. (Part a); and Mar. 22, 23, and 2a, Part 5). Hearings, 93d Congress, 1st session, Mar. 7 ington, U.S. Govt. Print. Off., 1973. Subcommittee Immigration Hearings, 93d Congress, Washington, U.S. Govt. Committee on the Judiciary. Service oversight. 3 and June 25, 197a. 55 p. Hearings, 94th Congress, 1st session, on H.R. 982, and related bills. Feb. H, and 26, Mar. 5, 12, 13, and 19, 1975. 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