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Illegal Aliens (3)
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This file contains materials regarding the Domestic Council Committee on Illegal Aliens.
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James M. Cannon Files (Ford Administration)
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The original documents are located in Box 18, folder "Illegal Aliens (3)" of the James M.
Cannon Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 18 of the James M. Cannon Files at the Gerald R. Ford Presidential Library
PRELIMINARY REPORT
DOMESTIC COUNCIL COMMITTEE
ON ILLEGAL ALIENS
DECEMBER 1976
FORD & LIBRARY GERALD
o
V
Be
PRELIMINARY REPORT
Domestic Council Committee on Illegal Aliens
December, 1976
DOMESTIC COUNCIL COMMITTEE ON ILLEGAL ALIENS
Chairman: Edward H. Levi, Attorney General, Department of Justice
Committee Members:
Secretary of Agriculture
Secretary of Commerce
Secretary of Health, Education and Welfare
Secretary of Labor
Secretary of State
Secretary of the Treasury
Director, Office of Management and Budget
Director, Domestic Council
Special Assistant to the President for Public Liaison
Steering Committee: *
Leonard F. Chapman, Commissioner, Immigration and Naturaliza-
tion Service, Immigration Law and Policy task force.
Barry R. Chiswick, Senior Staff Member, Council of Economic
Advisers, Technical Adviser.
James F. Greene, Deputy Commissioner, Immigration and Naturali-
zation Service, Law Enforcement task force.
William F. Luers, Deputy Assistant Secretary, Inter-American
Affairs, Department of State, Foreign Relations task force
Richard F. Parsons, Associate Director, Domestic Council
Victor Vazquez, Director, Office of Spanish Surnamed
Americans, Department of Health, Education and Welfare,
Social and Community Impact task force
Joyce Walker, Deputy Associate Director, Office of Management
and Budget
Abraham Weiss, Assistant Secretary for Policy, Evaluation and
Research, Department of Labor, Economic and Labor Market
Impact task force
Executive Director: Doris M. Meissner, Department of Justice
Staff Assistance:
John Chapman, Department of Health, Education and Welfare
Norbert J. Krieg, Department of State
John Nahan, Immigration and Naturalization Service
Jerome Staller, Department of Labor
Michael Wenk, Department of Justice
* The Steering Committee is composed of the five task force
chairmen, the Domestic Council, the Office of Management and
Budget and the Council of Economic Advisers which acts as
technical adviser. A complete listing of task force members
and their agency affiliations appears as Appendix B to this
report.
Preliminary Report
Domestic Council Committee on Illegal Aliens
Table of Contents
Page
Executive Summary
V
Introduction
1
Chapter I - United States Immigration Law
FORD
and Policy
6
A. Historical Review
6
LIBRARY
Period of Unrestricted Immigration
6
Period of Qualitative Controls
7
Period of Qualitative and Quantitative
Controls
8
B. Current Immigration Law
11
1965 Amendments
12
Worker Importation Provisions
18
C. Immigration Policies of Other Nations
26
Canada
28
Australia
29
D. Conclusions and Recommendations
32
Chapter II - Illegal Immigration: The Global Picture 35
A. Who Wants to Come? - Immigration to the U.S.35
Western Hemisphere
35
Eastern Hemisphere
37
B. Illegal Alien Source Countries
39
International Push-Pull
40
The Migration Phenomenon
47
C. Mexico and the United States - A Bilateral
Approach
52
U.S. -Mexico Discussions
55
Other Countries
56
D.
Competing Foreign Relations Priorities
58
Strict Visa Issuance Controls
58
Tourism
59
E.
Conclusions and Recommendations
62
i
Page
Chapter III - Law Enforcement
66
A.
Background
66
Mexico
66
The Bracero Program
69
Operation Wetback
70
The Contemporary Problem
71
Other Countries
74
B.
Present Enforcement System
76
Authority
77
Tactics and Procedures
78
Court Decisions
84
Visa Screening
87
C.
Interagency Cooperation
89
1972 Social Security Amendments
89
Department of State
96
1.
Policy
98
2.
Operations
99
3.
Justice/State Cooperation
100
4.
Actions Within Countries
101
Internal Revenue Service
102
1.
Apprehended Illegal Aliens
90-Day Test
102
2.
Employers of Illegal Aliens
104
Department of Labor
105
Internal Actions: INS
107
D.
Disincentives
110
1.
Sanctions on Employers
111
2.
Combating Dilatory Tactics
116
3.
Sanctions on Illegal Aliens
118
4.
Denying Social Benefits
119
5.
Enhancing Enforcement
120
6.
Changes Having an Indirect
Impact
121
E.
Conclusions and Recommendations
122
Chapter IV - The Illegal Alien: A Soft Portrait
124
A. Data Deficiencies
124
B.
Definitions
131
C.
Personal Characteristics
132
D. Characteristics of Entry
142
E.
Characteristics of Residence
145
ii
Page
F.
Characteristics of Work Place
148
G. Use of Services
149
H.
Contributions to the Tax Base
151
I. Summary
152
Chapter V - Domestic Impact of Illegal Aliens
154
The Issues of Employment and Earnings
154
A. Hypotheses
155
GNP and Relative Incomes
155
Unemployment and Job Vacancies
159
Taxes and Social Services
161
Additional Hypotheses
162
B. Demographic Characteristics of Legal
and Illegal Immigrants
164
C.
The Impact
170
Earnings of Immigrants
171
Bracero Program
178
European Guest Workers
181
D. Summary and Conclusion
185
Chapter VI - Illegal Immigration: Social Issues
188
A. Settlement Patterns of Migrants
188
B. The Welfare Issue
192
General Assistance
194
Supplementary Security Income
195
Medicaid
195
Aid to Families with Dependent
Children
196
Food Stamps
196
Social Security
197
Unemployment Insurance
198
C.
Social and Community Impact
201
Population Growth
201
INS Enforcement
205
Aliens' Rights Organizations
206
Anti-Alien Sentiment
209
Federal-State-Local Relations
211
D.
Conclusions and Recommendations
214
iii
Page
Chapter VII - Dilemmas for the Future
217
A.
Control
218
B.
Information
221
C.
Foreign Policy
224
D.
Growth
227
E.
Research Recommendations
229
Chapter VIII - Conclusions and Major
Recommendations
235
A.
Conclusions
235
B.
Major Recommendations
240
Bibliography
245
Appendices
Appendix A - Information Listing of Illegal
Alien Impacts
Appendix B - Task Force Members
iv
Preliminary Report
Domestic Council Committee on Illegal Aliens
Executive Summary
Introduction
Apprehensions of illegal aliens each year are almost
double the number of people who enter the United States legally.
Illegal aliens, traditionally from Mexico and concentrated
in the Southwest, are from many nations and are found in
many areas of the country. The Domestic Council committee
was established to undertake a comprehensive review of
the issue and its implications. This preliminary report
provides an overview of the policy questions, assesses
current programs and knowledge and presents recommendations
for further action.
Chapter I - U.S. Immigration Law and Policy
During the early years of our history immigration was
unrestricted. In the late 1800's certain classes, such as
convicts, or national groups, such as Chinese, were excluded.
In 1921 numerical limits were introduced based on the concept
of national origin quotas. A major recodification in 1952
established three basic premises for immigration: family
reunification, protection of jobs for the domestic labor force,
and control of alien visitors. However the national origin
V
quota was maintained until 1965 when amendments replaced
it with numerical hemispheric ceilings and introduced a
fourth premise, that of asylum for refugees.
Immigration from the Eastern Hemisphere is held at
170,000 per year with a 20,000 per country limit. Admission
is granted through a preference system which grants 74%
of the places to relatives of U.S. citizens and permanent
aliens. The Western Hemisphere ceiling of 120,000 was
added at the last moment by Congress and operates on a
first-come, first-serve basis with no preference system
or per country limits. * Labor certification by the Department
of Labor is required for all non-relative classes from both
hemispheres. The 1965 law is the statute which governs
immigration today and has, since 1965, had two major
effects: (1) Immigration has increased by more than 100%
over the 1924-1965 period; and (2) there has been a shift
away from European groups toward Asian and Latin American
groups.
The worker importation provisions of the law apply to
both immigrants and temporary workers but they play a
minimal role in the present policy scheme. Canada and
Australia, the two nations most similar to the U.S. in
immigration matters, weigh employment impact considerations
heavily in their criteria for granting immigrant status.
* P.L. 94-571, signed on October 20, 1976, alters these pro-
visions by applying the current preferance system of selection
for the Eastern Hemisphere to the Western Hemisphere as well.
This report was written and approved prior to that action.
vi
Chapter II - Illegal Immigration: The Global Picture
The principal source of immigration to the United
States currently is Mexico, Jamaica, the Dominican
Republic, Haiti, Korea, the Philippines, Thailand, and
China. Demand for immigration is intense in these
countries and several have waiting lists of 2 years or
more. These countries are also among the major illegal
alien source countries. The source countries have
similar characteristics in three respects: rapid economic
expansion, high population growth rates, and links with
the U.S. This pattern will apply to increasing numbers
of countries in the future and creates stong push forces
on individuals to migrate. These push forces combine
with the pull of available jobs and low risk of detection
in the United States to produce illegal migration.
The phenomenon of migration occurs in streams
according to certain principles among which the difficulty
of intervening obstacles and development of counterstreams
are prominent. The process is not responsive to legal
limits but rather to its own self-sustaining momentum. Policy
will have to address the fundamental principles of push-pull
and migration to be successful.
Illegal immigration is from many countries but Mexico
is a major source for reasons of both history and geography.
vii
The governments of the U.S. and Mexico have established
bilateral discussions on the issue. However, the illegal
migration issue has not been a priority concern to policy-
makers in the governance of our relations with other source
nations. Actions discouraging illegal entry may compete
with other foreign policy goals, e.g. tourism. However,
illegal immigration merits a far higher and more generalized
level of attention in our conduct of foreign affairs.
Chapter III - Law Enforcement
There is a long history of U.S.-Mexico border enforcement
in immigration matters. Thus the majority of our enforcement
effort is directed at this aspect of illegal immigration.
Illegal entrants from other nations are a relatively
recent development that requires significantly different
techniques.
The Immigration and Naturalization Service (INS) has
primary responsibility for immigration enforcement. It is
aided by the Department of State which issues visas overseas.
Prevention of illegal entry is the agency priority and is
done through inspection of individuals at ports of entry
and policing our land and borders between ports. INS also
carries on investigative activities within our borders
viii
against illegals who escape detection at entry or overstay
authorized entry. Recent court decisions have limited
INS' latitude in the interior, making prevention more
important.
Several other agencies have enforcement roles which are
related to illegal immigration. They are the Social Security
Administration, Internal Revenue Service, U.S. Customs Service,
and the Wage and Hour division of the Department of Labor.
The Committee has evaluated current and proposed additional
means of interagency cooperation among them and INS and the
Department of State. Experience has shown that cooperation
on enforcement matters is difficult when the agency is service
oriented such as the Social Security Administration. However,
much can be done to increase the effectiveness of enforcement
with the tools presently available both among and within the
agencies concerned.
In addition to improved interagency efforts, certain
disincentives to illegal migration are needed which require
legislation. The disincentives are designed to lessen the
economic pull which draws illegals to the U.S., discourage
the use of the law to gain time and establish equity for
immigration benefits, increase enforcement authorities
to aid in capturing smugglers and the like, and streamline
the law of anachronistic provisions which detract from
more important tasks.
ix
Chapter IV - The Illegal Alien: A Soft Portrait
Judging the impact of illegal aliens on our society
requires information which is extremely sketchy at best.
Data deficiencies center on the difficulty of counting
and describing a clandestine population and the unrepresenta-
tiveness of using predominantly apprehended, Mexican illegals
because they are readily accessible for research purposes.
Many studies were reviewed and a composite description
of the illegal includes personal characteristics by
nationality, origin within native country, age, sex,
education, marital status, language ability, and
motivation; characteristics of entry by entry without
inspection, visa abuse and others; characteristics of
residence by location, mobility, and wage remissions;
and characterisitcs of work place. The major points of
agreement are that the principal impact of illegals is in
the labor market, language ability is an important
determinant in the type of employment, significant
percentages of earnings are returned to the illegals'
native country, and Mexican illegal migration may be
substantially different from that from other source countries.
Chapter V - Domestic Impact of Illegal Aliens: The Issues
of Employment and Earnings
Because research on illegal aliens is in an embryonic
state, an exposition of domestic impact remains tentative.
X
Among several perceptions concerning the economic impact
of illegals are: (a) low skilled illegal alien workers
compete with low skilled natives depressing their wages
and tending to increase earnings of skilled workers and
owners of capital; (b) illegal aliens create unemployment
by taking vacant jobs; and (c) illegal aliens take more
from the system in services than they contribute in taxes.
The data currently available cannot provide answers. At
best it indicates certain directions.
Useful information may be obtained from analyses
on the foreign born and their impact in combination with
what is known about illegals. Earnings of the foreign
born rise with tenure in the U.S. and after 13 or more
years are substantially the same as natives. This implies
that if undetected, illegals would have the same profile as
natives and therefore would not remain a cheap labor source.
The analysis does not hold for Hispanics, an important
illegal alien characteristic, nor does it incorporate the
illegality factor as a barrier to upward mobility.
The termination of the bracero program showed that
sudden removal of alien labor opened jobs which natives
took at improved wages while income to owners decreased
and consumer prices for their products increased.
xi
European countries have made extensive use of temporary
foreign workers who have made positive contributions to
economic growth but who have not returned as planned and
create problems during times of economic slowdown.
Chapter VI - Illegal Immigration: Social Issues
Migrants moving into new areas seem to resettle according to
four stages. First, young, unmarried males predominate
followed by married men in the second stage. In the third
stage, single males marry and marrieds send for their
families and settle permanently attracting supporting
populations of employers, businesses, etc. in the final
stage. Restrictions to keep migration temporary rarely
work and the last stage is frequently marked by tension
with the native population. Different parts of the U.S.
may be experiencing different stages of settlement at this
time.
Within the context of settlement, the welfare issue
or use of income transfer programs by illegals has received
much attention. These programs are examined and with the
possible exception of food stamps, which restrict eligibility
on the basis of citizenship, illegals are unlikely to qualify
based on age, sex and other personal characteristics.
Definitive judgment must await better information on the
characteristics of illegals and the settlement stage (s) of
various groups and areas.
xii
Several other social issues raised by illegal
immigration are population growth, INS enforcement,
anti-alien sentiment and federal-state-local relations.
Immigration is one of the major aspects of our population
growth as a nation. If the net number of illegals is
at least equal to our net immigration, the numerical
impact is a central factor in growth.
INS enforcement causes community resentment and
hostility in many areas, particularly in ethnic communities.
The greatest degree of support is to be found with
employer targeted enforcement; serious difficulties
accompany residence based efforts. This potential
for strife is also apparent in anti-illegal alien
organizing in some large urban areas.
The federal government has not worked closely with
other units of government on illegal alien issues although
these are the levels at which immediate impacts are keenly
felt. The existence of underground communities which
actively avoid government presents significant problems
which require cooperation and coordination to prevent.
Chapter VII - Dilemmas for the Future
Beyond the issues and topics discussed in the report,
immigration matters lead to large philosophical and policy
questions for the society which will only be answered over
xiii
time. Some of the larger areas within which immigration
is or should be an important component are government control
over individuals in law enforcement matters, research
methodologies and the limitations of information, long-
range foreign policy priorities and imperatives, and
the limits of and potential for growth.
The conclusions of the report and recommendations
make up Chapter VIII.
xiv
- 1 -
PRELIMINARY REPORT
Domestic Council Committee on Illegal Aliens
Introduction
Immigration to the United States is intended to be
governed by the Immigration and Nationality Act of 1965.
Under the provisions of the Act, approximately 400,000
aliens are admitted annually for permanent residence.
Actual immigration, however, bears little resemblance to
the program administered under the law. In 1975, 766,600
aliens who had entered or remained in the U.S. illegally
were located, about twice the number permitted to enter
by law. It is believed that the number of illegal aliens
residing and working in the United States is considerably
in excess of the number apprehended and can be expected to
increase.
Historically, apprehended illegal entrants to the
United States have been largely Mexican in origin concen-
trated on the Southwest border in rural areas doing
agricultural work. Increasingly in the last decade
concentrations of illegal aliens are found in industralized
urban as well as rural areas throughout the country.
Metropolitan centers such as New York and Chicago report
illegal populations numbering in the millions although
hard numbers which are reliable do not exist. In addition,
the illegal population, while predominantly Hispanic, is
from many parts of the world.
- 2 -
We are a nation of immigrants and have throughout
our history been the most hospitable nation in the world
for immigrants. Immigrants have and continue to contribute
much to this country individually and in the development
of our social and political values. We are also a nation
of laws with a commitment to systems which enforce those
laws fairly and effectivley. A growing influx of unauthorized
immigrants has important implications for the United States.
The overwhelming majority of illegal aliens who come to
the United States are in search of economic opportunity.
Many compete for jobs of interest to native workers. Others
accept employment for which Americans are seemingly unavail-
able. All, due to their illegal status, live in fear of
apprehension. As a result, they are susceptible to economic
exploitation and other forms of abuse, and often live in
an invisible subculture outside the boundaries of law and
legitimate institutions.
Because illegal aliens are in a sense invisible, the
issue is not only difficult to anlayze as a practical matter
but is controversial to acknowledge for policy purposes in
contexts other than law enforcement. Furthermore, illegal
migration in times of prosperity tends to be viewed as a
handmaiden of economic growth but it becomes transformed into
a threat in times of economic downturn. Recent awareness of
- 3 -
the finite nature of resources and of population issues
has tended to render the cyclical nature of a concern over
illegal aliens an ongoing concern.
In January, 1975, President Ford, established a Domestic
Council Committee on Illegal Aliens. Chaired by the Attorney
General, the committee consists of the Secretaries of
Agriculture; Commerce; Health, Education and Welfare; Labor;
Treasury; State; and the Office of Management and Budget
with the Council of Economic Advisors acting in a technical
advisory capacity. In January, 1976, the Attorney General
reorganized the committee into five task forces as follows:
Immigration Law and Policy - Chair: Immigration and
Naturalization Service
Economic and Labor Market Impact of Illegal Aliens -
Chair: Department of Labor
Social and Community Impact on Illegal Aliens - Chair:
Department of Health, Education and Welfare
Enforcement - Chair: Immigration and Naturalization
Service
1/
Foreign Relations - Chair: Department of State
The task forces are chaired by senior officials selected
by the respective Department Secretaries and have functioned
as working committees. The task force chairmen comprise a
Steering Committee which has provided coordination between
full committee meetings.
1/ This task force. is also known as the Interagency Committee
on Mexican Migration to the U.S. which had been previously
constituted pursuant to meetings between President Ford and
President Echeverria of Mexico in 1974. The scope of its
activities as originally defined has been broadened for
purposes of the Domestic Council inquiry.
- 4 -
The task forces were charged with undertaking a
comprehensive review of the illegal alien issue and
were asked to submit reports of their work by June 1,
1976. Those reports have been combined and integrated
to create this preliminary report of the Domestic
Council Committee. The report has a fourfold purpose:
-
to provide an overview of the issues and policy
questions involved in a comprehensive examination
of the illegal alien issue;
-
to catalogue and assess current efforts to deal
with the phenomenon of illegal immigration;
-
to catalogue and assess current knowledge about
the implications of illegal immigration for the
needs and interests of the United States; and
-
to formulate recommendations outlining ways in
which the government might respond.
The terminology used in the report is as follows:
illegal aliens are citizens of other countries who are
not authorized to be in the United States. Basically there
are two categories of illegal aliens. Some illegal aliens
were never authorized to be in the U.S. and possess no
immigration documents. Such persons are known as EWI's
(Entry Without Inspection) because they entered the country
surreptitiously. The second category of illegal aliens
is individuals who originally entered the U.S. legally and
- 5 -
in possession of a visa issued by a U.S. Consul overseas
but have since violated or overstayed the terms of the visa.
Such persons are known as visa abusers. They may have
obtained the visa through misrepresentation of their
intentions, they may have changed plans for a variety of
reasons after having arrived in the U.S., or they may have
obtained counterfeit documents and escaped detection at
the port of entry.
The method of entry and reason for being illegal are
important to certain aspects of this report and will be
treated as such. However in many contexts the terms illegal
alien, visa abuser, undocumented worker, illegal immigrant,
clandestine migrant and unauthorized worker are used
interchangeably. Conversely, the terms used to describe
persons legally admitted to the U.S. for permanent residence
who are eligible to work are permanent resident alien,
immigrant, legal immigrant, or commuter.
Apprehension figures will be cited throughout the report
and are one important index of the existence of an illegal
alien problem. It is important to note that apprehension
figures denote the occurrence of an event, i.e., they are a
workload measurement, not a total number of people. Many
apprehended illegals are known repeaters. Thus the number
of people apprehended each year by INS is less by an unknown
proportion than the number of apprehensions.
- 6 -
CHAPTER I
UNITED STATES IMMIGRATION LAW AND POLICY
A.
HISTORICAL REVIEW OF U.S. IMMIGRATION POLICY
The history of Immigration in the United States is a
chronicle of the conflicting philosophies of economics,
sociology, politics, and of compassion and prejudice.
Immigration to the Colonies had its beginnings in the
early 1600's when a few hundred colonists established
settlements at Jamestown and Plymouth. Some two and a
half centuries later, more than 10 million more had
followed the original vanguard. In 1866 the Statue of
Liberty was dedicated and still bears an inscription
familiar to most of us:
"Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore,
Send these, the homeless, tempest-tossed, to me:
I lift my lamp beside the golden door."
The spirit of that inscription has in the past generally,
though not always, reflected the viewpoint of the American
people.
Period of Unrestricted Immigration
Despite some misgivings, the general attitude of the
original 13 Colonies was to encourage immigration. Such
encouragement was not motivated merely by a spirit of
altruism, for immigrants represented a solution to a chronic
labor shortage, the means of promoting land settlement of
a sparsely populated country and its resources.
- 7 -
During the first 100 years following the founding
of our country, there was little legislation affecting
immigration. The act of March 2, 1819 marked the
beginning of so-called steerage legislation which sought
to improve living conditions on ships bringing immigrants
to the United States. In 1875 a statute barred the
admission of convicts and prostitutes. This was followed
in 1882 by the adoption of the first general immigration
statute barring the entry of convicts, mental incompetents,
and persons likely to become public charges. In the same
year, the Chinese Exclusion Act became law and remained
in effect until it was repealed in 1943.
In 1885 and 1887 Congress passed the contract labor
laws, which were designed to end the practice of importing
cheap foreign labor under labor contracts which adversely
affected the labor market in the United States.
Period of Qualitative Controls
These individual immigration laws were codified in
1891 and began a period of qualitative controls. The act
increased the number of classes of aliens who were to be
excluded, including polygamists, those convicted of crimes
involving moral turpitude, paupers, and those afflicted
with a dangerous disease. Insane persons, epileptics,
professional beggars, and anarchists were added soon thereafter.
Aliens who had entered illegally were to be deported within
one year.
- 8 -
From 1900-1910, over four million immigrants were
admitted primarily from southern and eastern Europe in
contrast to previous migrations from northern Europe.
The surging tide of immigration during this period
created uneasiness, largely due to economic uncertainty.
In 1917 Congress passed another comprehensive revision
of the immigration laws which included an English literacy
test, excluded Asians, and again provided for the deporta-
tion of aliens who had entered the United States illegally.
Period of Qualitative and Quantitative Controls
Until 1921, immigration legislation had been concerned
solely with qualitative factors relating to immigrants,
and no restriction had been placed on the number of entrants.
After World War I, immigration began to increase, leading
to demands for restrictions to dam the expected flood of
immigrants from the war-devastated countries of Europe.
A lagging economy and an increasingly isolationist mood
in the country strengthened these demands.
The ensuing Quota Law of 1921 represented a drastic
change in American immigration policy. Introducing
numerical limitations on immigration, the act limited the
number of aliens of any nationality entering the United
States to three percent of foreign-born persons of that
nationality who lived in the United States in 1910. A
ceiling of 350,000 was placed on the total number of aliens
who could be admitted as immigrants during any one year.
- 9 -
The policy of numerical restrictions became permanent
through the enactment of the Immigration Act of 1924
designed to supplement the qualitative restrictions of
the 1917 act. A national origins formula was adopted
which eventually based a quota for each nationality on
the number of persons of that national origin in the
United States in 1920. Under this formula the number of
persons coming from southern and eastern Europe fell
sharply. A ceiling of approximately 150,000 was placed
on the number of quota immigrants who were permitted to
enter each year. However, the act also established
certain classes of non-quota aliens able to enter in
unrestricted numbers. These included natives of Western
Hemisphere countries, alien wives and children of American
citizens and returning lawful residents. In addition, the act
required each intending immigrant to obtain a visa abroad from
a United States consular officer and a sponsor in the U.S.
Persons entering in violation of the visa or quota
requirements could be deported without time limitation.
To exclude Asians, another provision barred ineligible aliens
from acquiring citizenship.
The basic economic and sociological premise of the
1924 act was that more than 150,000 immigrants per year
might be detrimental to the country. The next premise was
- 10-
that maintaining the national origins make-up of the existing
population by rationing the quotas in that proportion was
a desirable end. Compassion gave special status to the
wives and children of United States citizens, even though
this might distort the mix. Other considerations, perhaps
political, permitted immigration of Western Hemisphere
natives without regard to numbers or to the percentage
of such people in the make-up of the population. Prejudice
doubtless excluded Asians. Although the Immigration Acts of
1917 and 1924 remained substantially unchanged until 1952,
some restrictions were relaxed by humanitarian considerations
related to the flight of refugees from Communist countries
in the post-World War II era.
2/ The War Brides Act of 1945 allowed admission of 118,000
aliens, and the Fiances Act of 1946 brought 5,000 aliens.
The Displaced Persons Act of 1948 authorized admission of
about 400,000 persons unable to remain in Germany, Italy
and Austria. The Refugee Relief Act of 1953 permitted
214,000 refugees to be admitted in three and a half years.
Emergency measures for Hungarian and Cuban refugees followed.
Most recently Vietnamese refugees were paroled into the
United States.
-11 -
B.
CURRENT IMMIGRATION LAW
Although amended, the Immigration and Nationality Act
of 1952 is still the basic statute dealing with immigration
and nationality. It not only recodified existing law but
made many changes. Built upon three basic premises --
family reunification, protecting available jobs for the
domestic labor force, and control of alien visitors --
the act nevertheless maintained the national origin quota
system. However, it also provided for:
(1) permanent, limited immigration according to
preferences for certain relatives of United
States citizens and resident aliens and for
immigrants with special skills;
(2) visa requirements for visitors;
(3) grounds for exclusion of undesirable aliens;
(4) a double screening barrier requiring both a
visa and port of entry admission; and
(5) deportation grounds, procedures and relief
from deportation.
The basic underlying selection factor of the 1924 act
was the national origin quota, not occupational status or
relationship to persons already residing in the United States.
Criticized with some vigor from the very beginning, by 1952
opposition to the national origins quota system had become
- 12-
quite vociferous. But the opposition was not sufficient
to prevent enactment of a new law, over Presidential veto,
with the national origin quota provision intact.
1965 Amendments
By 1965 the major political issue concerning immigration
was the national origins quota system and its validity as
a basis for selecting immigrants to the United States.
In 1963, amendments to the Immigration and Nationality
Act of 1952 were introduced which brought the
national origins quota system into question. On October 3,
1965 the amendments were signed into law and comprise the
system under which immigration operates today.
The 1965 amendments abolished national origin quotas
as the basis for admission to the United States and
substituted family relationship and needed talents or
skills as the prerequisites for immigration. The visitor
and deportation related features of the 1952 act were
retained as was a revised form of the preference system.
The major provisions of the act are as follows:
1.
Reunification of families is the foremost
consideration for gaining immigration admissibility.
The closer the family relationship to a U.S.
citizen or permanent resident alien, the higher
the preference.
- 13-
2.
Preference for admission is also available
for individuals who possess certain special
talents or skills: a) professionals or those
with exceptional ability in the arts or sciences;
and b) skilled or unskilled workers who can
fill specific labor needs in short supply.
Individuals admitted under these provisions
must obtain a labor certification from the
Secretary of Labor.
3.
Annual ceilings of 170,000 for Eastern Hemisphere
natives and for the first time, 120,000 for
Western Hemisphere natives were established.
The preference system as outlined below applies
to Eastern Hemisphere immigration. Western
Hemisphere immigration is first come -- first
serve. *
4.
Spouses and children of U.S. citizens and parents
of citizens over 21 years of age are exempt from
the numerical ceilings.
5.
For the Eastern Hemisphere, a foreign state
limitation of 20,000 visas per annum was established.
6.
Entry of a specified number of refugees annually
was authorized in place of separate, special
legislative enactments.
*See footnote, p. vi.
- 14 -
7.
Labor certification controls were strengthened
to control the influx of skilled and unskilled
foreign workers.
The new preference system went into effect on December 1,
1965, while the system of hemispheric ceilings was not
effective until July 1, 1968. (See Charts 1 and 2.)
Considerable attention was given to the nature of
the new preference system. Prior to 1965, skilled workers
and professionals who had pre-arranged employment were
classified as first preference immigrants and allotted
fifty percent of each national quota. This preference
was used infrequently and the emphasis upon skilled labor
over relatives was largely reversed by the 1965 amendments
which decreased reliance on imported workers. Three of the
first five preference classes are allotted to relatives of
U.S. citizens. The percentage of the total limitation
accorded to the relative classes rose from 50% to 74%.
Only professionals are placed ahead of any of the relative
classes. Moreover, an additional 6% of the limitation
was set aside for the new refugee preference,
leaving only 20% for workers and their families (10% for
professionals; 10% for skilled or unskilled workers). The
worker preferences cannot benefit from "fall down" - unused
portions of higher preference allocations -- whereas the
relative preference can, and workers, both professional and
nonprofessional, are subjected to an affirmative labor
certification requirement.
- 15 -
CHART 1
LIBRARY
NUMERICAL LIMITATIONS ON IMMIGRATION VISAS
Some form of numerical limitation has been imposed on
immigration into the United States since 1921, although
certain classes of immigrants have traditionally been able
to obtain visas outside of these limitations. Outlined
below are the basic elements of the amendments of the
Immigration and Nationality Act by the Act of October 3, 1965.
Act of October 3, 1965
I. Classes not subject to the numerical limita-
(2) Second preference: Spouse and unmar-
tions:
ried sons and daughters of an alien lawfully
(1) Spouse and children of U.S. citizens and
admitted for permanent residence.
parents of citizens over the age of 21; (Sec.
20 percent plus any not required for first
201(b)).
preference.
(2) Returning residents; (Sec. 101 (a) (27)
(3) Third preference: Members of the pro-
(B)).
fessions and scientists and artists of excep-
(3) Certain former U.S. citizens; (Sec. 101
tional ability.
(a) (27) (C))
Not more than 10 percent.
(4) Ministers of religion and the spouse and
children of such immigrants; (Sec. 101 (a)
(4) Fourth preference: Married sons and
(27) (D))
daughters of U.S. citizens.
(5) Certain employees or former employees
10 percent plus any not required for the
of the U.S. Government abroad and the
first three preferences.
accompanying spouse and children of such
immigrants; (Sec. 101 (a) (27) (E)).
(5) Fifth preference: Brothers and sisters
II. Numerical limitations to which other ap-
of U.S. citizens.
plicants are subject:
24 percent plus any not required for the
(1) Overall numerical limitation: 170,000
first four preferences.
per annum;
(6) Sixth preference: Skilled and unskilled
(2) National limit: 20,000;
workers in occupations for which labor is
in short supply in the United States.
Not more than 10 percent.
(7) Seventh preference: Refugees to whom
conditional entry or adjustment of status
(3) Dependent area limitation Each colony
may be granted.
or other dependency may use not more than
Not more than 6 percent.
1 percent of the total of visa numbers avail-
(8) Nonpreference: Any applicant not en-
able to the mother country;
titled to one of the above preferences.
(4) Quarterly limitation: Not more than
Any numbers not required for preference
45,000 in any of the first three quarters
applicants.
of the fiscal year.
(9) The spouse and child of any preference
applicant may be classified within the same
preference if a visa is not otherwise im-
III. Preference system (percentage applied
mediately available.
against 170,000 limitation) :
IV. Immigrants born in any independent coun-
(1) First preference: Unmarried sons and
try of the Western Hemisphere or in the
daughters of U.S. citizens.
Canal Zone and the spouse and children of
Not more than 20 percent.
such immigrants are subject to a numerical
limitation of 120,000 per annum; (Sec. 21 (e),
Act of Oct. 3, 1965).
- 16-
CHART 2
EASTERN AND WESTERN HEMISPHERE PROVISIONS OF THE LW*
The differences in the Immigration and Nationality Act relating to immigration from the
Eastern Hemisphere and the Western Hemisphere are outlined below:
Eastern Hemisphere
Western Hemisphere
1. Numerical limitations: 170.000 per annum;
1. Numerical limitations: 120,000 per annum
not more than 20,000 per foreign state.
limitation became effective July 1, 1968; no
foreign state limitation. (This limitation is
imposed by the 1965 Act, not by the Immi-
gration and Nationality Act.)
2. As a selective mechanism to enable distribu-
2. No provision has been made for a preference
tion of the numbers to the immigrants de-
system.
sired, a system of seven preference classes
exists: Four (1. 2, 4, and 5) based on relation-
ship to U.S. citizens or resident aliens, two
(3 and 6) based on need for labor, and one
(7) for refugees.
3. Applicability of section 212 (a) (14) is ex-
3. Section 212 (a) (14) expressly applies to all
plicitly restricted to applicants within the
applicants from the Western Hemisphere
3d, 6th. and nonpreference categories, thus
other than parents. spouses, or children of
exempting sons and daughters (married or
U.S. citizens and resident aliens.
unmarried) and brothers and sisters of U.S.
citizens.
4. Adjustment of status in the United States
4. Adjustment of status in the United States
from nonimmigrant to that of a permanent
from nonimmigrant to that of a permanent
resident may be obtained.
resident is not permitted, although the Act
of November 2, 1966, permits the adjust-
ment of Cuban refugees.
5. Parents of resident aliens (not being entitled
5. Parents of resident aliens are exempt from
to a preference) are subject to section 212
the provisions of section 212 (a) (14).
(a) (14).
6. Immigrants may not enter from contiguous
6. No prohibition on entry from contiguous
territory without first residing therein for 2
territory.
years unless they have arrived there on a
transportation line which has an appropri-
ate contract with the Attorney General for
this purpose.
* See Footnote, p. vi.
- 17 -
Application of the amendments to the Western Hemisphere
does not appear to have been systematically considered.
Prior to 1963 immigration from the Western Hemisphere had
never been numerically limited, nor were proposals to
establish limitations ever seriously considered. Thus,
there had also never been a selection process with the
system operating largely on a first-come, first-serve basis.
The proposal to limit numerically Western Hemisphere natives
originated with the Congress. Its inclusion in the bill
apparently resulted from compromises viewed as necessary
to gain abolition of the national origins quota system.
Although a Western Hemisphere ceiling was established,
the law fails to provide any system of preferences or
foreign state limitations for Western Hemisphere immigration*
Subsequent to enactment of the amendments, it was contended
that the labor certification provision would serve to
regulate immigration from the Western Hemisphere, rendering
a preference system or foreign state limitations unnecessary.
The evolution of demand for immigration from the Western
Hemisphere has proven this assertion to have been incorrect.
The abolition of the national origins quota system has
had two significant results.
1.
Average annual immigration since 1965 has risen
to 390,329 from an average annual figure of
*See Footnote, p. vi.
- 18 -
190,447 during the 1924 to 1965 period, an
increase of more than 100%. Although an annual
number of 290,000 is authorized by the hemispheric
ceiling provisions of the law, the additional
100,000+ result from the exempt categories of
parents, spouses and children.
2.
Immigrant source countries have changed resulting
in a basic ethnic shift away from European groups
toward Asian and Latin American groups.
Worker Importation Provisions
The great majority of post-1965 immigrants have entered
the U.S. on the basis of family ties to U.S. residents.
Thus they have been selected independent of labor market
considerations. Nonetheless one goal of the current law is
to allow entrance for needed workers both on a permanent
and temporary basis. This goal is an important aspect of a
discussion of illegal immigration and is therefore examined
more fully in this section.
Permanent Immigrant Workers
Under current law 3/ certification by the Secretary of
Labor is required prior to issuance of an immigrant visa
for all third, sixth and non-preference immigrants
from the Eastern Hemisphere and immigrants from the
3/ Section 212 (a) (14) of the Immigration and Nationality Act.
- 19 -
Western Hemisphere except parents, spouses or children
of U.S. citizens or resident aliens. These categories
potentially comprise 10-20% of U.S. immigrants each year.
To issue a labor certification the Secretary of
Labor must certify that (a) there are not sufficient
workers in the U.S. at the alien's destination able,
willing and qualified to perform the job, and (b) employ-
ment of the alien will not adversely affect wages and working
conditions of similarly employed U. S. workers. Thus
certification on a case-by-case basis is required to allow
an alien to enter. This is a direct reversal of the pro-
visions of the 1952 act under which a certification was
required to keep an alien out.
The Department of Labor has published two occupational
schedules. Schedule A -- a precertified list -- consists
of occupations generally in short supply nationwide.
Schedule B -- the noncertification list -- includes low-skill
occupations requiring little or no education, training or
experience for satisfactory job performance and for which
domestic workers are available or can be readily trained.
An alien whose category of employment appears on Schedule A
qualifies for a certification without a job offer or DOL
review. A labor certification without a job offer can also
be granted to aliens who are members of professions
or persons of exceptional ability in the sciences or arts.
- 20 -
A specific job offer is a prerequisite for all other
aliens who request certification. The alien's application
must be filed by the prospective employer or the employer's
representative at the State Employment Service (ES) office
serving the area where the alien is to be employed. The
ES office forwards the application together with pertinent
information on the availability of domestic workers and
the prevailing wages and working conditions to the appro-
priate DOL regional office for a determination leading to
the granting or denial of certification.
Department of Labor estimates supported by independent
research, 4/ indicate that only 12 to 15 percent (in FY
1974 less than 10 percent) of the approximately 400,000
immigrants admitted annually receive labor certifications.
Moreover, of those relatively few, over half (57%) change
occupations -- not just jobs -- within two years or less.
Thus less than 5 percent of the immigrants are meaningfully
screened for their labor market impact, although the
majority (65%) of each year's 400,000 immigrants enter the
labor market. Furthermore, in 1968, one in every 10 aliens
applying for certification was already in the U.S. By 1972,
4/ North, David S., Alien Workers: A Study of the Labor
Certification Program, U.S. Department of Labor, August,
1971.
- 21 -
this proportion has increased to 4 in 10. Most already held
the job for which certification was requested further
diluting the effectiveness of the certification.
The present program has obvious shortcomings which
attach both to the goal stated in the legislation and the
actual workings of the program:
1.
Approximately 1.7 million people join the
civilian labor force annually while less
than 40,000 (10% of new immigrants) have
labor certifications. Sixty-five percent
or about 260,000 of new immigrants enter
the labor market.
2.
A negative labor certification decision
does not decrease the number of immigrant
workers arriving. It simply stops a parti-
cular immigrant from coming to a particular
place in the United States. His place on the
visa waiting list will be filled by someone
else, probably destined to work elsewhere.
Thus there is no impact on the macro labor
markets.
3.
Impact on micro labor markets is minimal
since there is no control over the worker
after he arrives and 57% change occupations
quickly.
4.
The post-1965 labor certification process
has not changed the distribution, among
broad occupational categories, of
immigrants entering the U.S. for employment.
5.
In the significant number of cases where
the alien applicants for labor certification
are already here and working, the labor
certification decision has no real impact.
- 22 -
6. In cases where the worker is not here or
not permitted to remain, timing is important.
In the Western Hemisphere, backlogs caused
by statutory limitations on numbers, currently
result in delays of two years to secure a visa.
Even in the up to date areas of the Eastern
Hemisphere, it takes several months to gain
admission. During this period the employer
does not have the worker he claims he needs.
Further, the labor market situation may have
reversed by the time the worker arrives, and
there may then be available resident workers
with requisite skills.
Temporary Nonimmigrant Workers
Each year approximately 6 million aliens are admitted
temporarily into the United States for a variety of reasons
and under many types of visas. About 60,000 or 1% enter
solely for employment in the U.S. labor market, i.e., as
entertainers, agricultural and woods workers, athletes,
construction workers, visiting professors, artists, and the
like. The visa designations are H-1 for aliens of outstanding
merit and ability (about 15,000/per year), H-3 for industrial
trainees (about 5,000/per year), and H-2 for the other
temporary workers (about 40,000/per year). 5/ Only the H-2
temporary worker is subject to a DOL certification.
The Immigration and Nationality Act is clear as to the
intent of Congress in making the temporary "importing" of
any alien as a nonimmigrant contingent upon the approval by
5/ Another category of nonimmigrant workers, the L's,
comprises intracompany international transferees and their
families. This group represented over 22,000 persons in
FY 1975.
- 23 -
the Attorney General of a petition of the "importing employer."
Congress provides that the alien to be imported under the
provisions of section 101 (a) (15) (H) (ii), be coming "temporarily
to the United States to perform temporary services or labor,
if unemployed persons capable of performing such service or
labor cannot be found in the United States." An employer
who wishes to import temporary workers, therefore, must make
an effort to recruit United States workers prior to seeking
to import temporary workers.
The Department of Labor's role in connection with the
temporary employment of alien workers in the United States
is advisory only. The Attorney General has determined that
DOL is the appropriate agency of the government for consul-
tation regarding the importation of an H-2 temporary alien
worker. Decisions authorizing entrance of H-1 -- aliens of
"distinguished merit and ability" -- and H-3 -- trainees --
visitors are made by the Immigration and Naturalization
Service (INS) without consultation with DOL. DOL either
certifies that qualified U.S. workers are not available and
that the employment of the H-2 alien will not adversely
affect the wages and working conditions of U.S. workers that
are similarly employed, or provides notice that such a certi-
fication cannot be made.
- 24 -
Administrative appeal from a DOL refusal to certify
is to the INS whose regulations provide that upon DOL
notification that a certification cannot be made, the
petitioning employer may present evidence that qualified
persons in the United States are not available and that
DOL employment policies have been observed. All such
evidence is then considered by INS in adjudicating the
petition.
Finally, the DOL advisory opinion accompanying a non-
immigrant visa petition to accord an alien worker H-2
classification requires a determination as to "availability"
and "adverse effect." DOL has interpreted these criteria
as follows:
1. Availability
A prospective employer who is unsuccessful
in his attempt to obtain United States workers
must present detailed evidence of the attempts
made and the number of responses received, in
what manner the United States workers did not
meet the requirements offered or were otherwise
unwilling or unable to accept the employment.
When an employer places a job offer with
the State Employment Service (ES) to test the
local market for availability, the offer must
be for the same job and the same terms and
conditions as those offered an alien. However,
the ES is only one source of job applicants,
involved in a small percentage of job placement
in the U.S. economy, and does not actively deal
in placements in all occupations in the economy.
The fact that it cannot produce qualified
- 25 -
workers for a given occupation at a single
time and place therefore cannot serve as
proof that U.S. workers are not available
from other usual sources of recruitment.
2. Adverse effect
DOL makes the adverse effect determination
from the contents of the entire application,
viewed in the light of labor market information,
special circumstances in the industry, parti-
cular organization, or particular occupation,
existence of labor disputes, discrimination,
misrepresentation, or conflict with provisions
of Federal, State, or local laws. Adverse
effects upon wages and working conditions of
workers similarly employed may include hiring
aliens during strikes; hiring aliens of below
prevailing skills at below prevailing wages;
hiring aliens for jobs involving a variety of
skills, high and low, and paying at the lower
skills rate; excessive turnover of employees
in the establishment; excessive percentage of
alien employees in the establishment; or hiring
of aliens for jobs for which they are not
qualified or for which they cannot obtain a
required license.
A wage or salary offer at less than pre-
vailing wages is an important aspect of adverse
effect. In determining the prevailing wage,
the content of the basic job to be performed is
considered -- not for whom it is to be performed.
As the prevailing wage, DOL applies that wage
found to be prevailing for those similarly
employed in the same area, without distinction
as to whether the job is in a public or private
organization, in a union or nonunion situation,
or in a large or small establishment.
In addition, DOL takes into account whether
employment offered an alien temporary worker is
temporary or permanent because the availability
of United States workers in a given occupation
can vary considerably depending on whether
employment is permanent or temporary. The
nature of the industry for which alien temporary
- 26 -
workers are sought is the principal determinant.
Coal mining, for example, is a permanent industry
and the occupations associated with it are
permanent. In other industries, employers cross-
train the work force to handle peak demands, or
upgrade the work force to fill in behind highly
skilled workers and temporarily fill in behind
them from among local workers; there are also
peak or cyclical needs in some industries which
can be met only by the temporary employment of
temporary workers.
Viewed together the labor certification and temporary
worker programs involve approximately 80,000 aliens each
year. One-half are permanent and the other are temporary.
Since about 400,000 individuals enter as immigrants and about
6 million as visitors each year, it is fair to conclude that
the worker importation provisions of the current law play a
minimal role in the present scheme of immigration policy.
C. IMMIGRATION POLICIES OF OTHER NATIONS
Few other nations have formalized immigration systems.
Some, for example Israel and South Africa, have such specific
goals as to be largely irrelevant for our purposes. Those
which most nearly approximate the history and policies of
the U.S. are Australia and Canada. Their approach offers the
basis for some helpful comparative analysis.
Canadian and Australian attitudes towards persons
seeking admission as immigrants are substantially different
from our own. Both countries take an active interest in
recruiting, assessing and assisting prospective immigrants.
- 27 -
Both maintain substantial numbers of officers with wide
discretionary powers in foreign countries for the purpose
of interviewing. The personal quality of the prospective
immigrant weighs heavily in the final assessment. Qualita-
tive selection criteria for immigration in both Canada and
Australia are so broadly stated as to demand expansion and
development through administrative processes. Although the
grounds for exclusion are to protect the security and economic
well-being of the importing country and the health and welfare
of its people, in practice both of these countries have left
to the administrators the power and authority to tailor the
qualitative selection procedures to best suit their changing
national needs.
Our own system of accepting immigrants inclines to
be almost mechanistic by comparison. If the alien has no
criminal or subversive record, meets the labor certification
requirement, will not become a public charge, and is not
within any other excludable class, an immigrant visa will
normally be issued. How well an applicant may personally
fit into life in the United States does not concern us,
nor does his attitude towards migration, or his ability to
speak English. If the alien meets all the visa requirements,
it is irrelevant whether adequate housing and medical
facilities will be available in the city to which he is
migrating, whether his children will have adequate schooling,
- 28 -
and whether he intends to learn English. No consideration
is given to a host of other indicators that point to the
ultimate adaptation, integration and happiness of the
intending immigrant. In contrast, Australia and Canada
are very much concerned with such matters.
Canada
Prevailing numerical limitations in Canada in any
given year are determined by the Department of Manpower
and Immigration. Since 1967 Canada has had a system of
assignment of a variable number of units in certain
qualifying categories with a maximum of one hundred units.
The alien must earn at least 50 units if he is an independent
applicant, unrelated to a Canadian citizen or resident. A
sponsored dependent is not subject to the unit scheme if
he comes by virtue of relationship to a spouse or other
close family member and immigrates solely on the basis of
such relationship. Prospective immigrants having other
relatives in Canada are rated partially on the unit assessment
scale and also receive credits for the relationship.
There are several aspects of the Canadian system that
are of interest. Qualifications considered are not only
the demand for the prospective immigrant's occupation, but
also his level of skill, whether he has pre-arranged employment,
or an occupation in which there are unfillable shortages so
that a job opportunity is assured. Twenty points are
- 29 -
awarded for education and training, 15 for personal
qualities and 10 for age.
Under one policy, a prospective immigrant with
five years of education and training is on a par with one
with fifteen years. Unlike the Canadians, the United States
makes no distinction as to whether the intending immigrant
is between the ages of 18 and 35 or between the ages of
36 and 44. The Canadian system gives as much as 10 points
for a knowledge of English or French. Our policy is not
concerned with knowledge of English except insofar as it
might be essential in the job for which the alien has a
labor certification.
Canada awards five additional units depending upon
the area of destination. This is undoubtedly related to
the fact that approximately half of all immigrants coming
to Canada are destined for the Province of Ontario and
one half of those settle in the City of Toronto. Canada
feels a desperate need to develop large unpopulated areas.
Therefore an immigrant who is willing to settle in remote
areas is accorded appropriate recognition.
Australia
The Minister of Immigration in Australia controls
the number of aliens admitted annually. Applicants are
designated through the Australian Selection Assessment
System. To be approved the applicant must establish that
he will be economically viable in Australia, that he is
medically fit and has a satisfactory character record
- 30 -
and personal qualities that will fit into the Australian
community, and that he has a sincere intention of making
a permanent home in Australia and of becoming a citizen.
Interviewing officers make firm selection recommendations
after considering the size and composition of the applicant's
family, the presence of relatives (if any) in Australia
and the extent and degree of support and assistance likely
to be required from the government after arrival. The
latter is not unlike our statutory grounds of ineligibility
(section 212 (a) (15)) which applies when the consular officer
has reason to believe that the applicant is likely at any
time to become a public charge. The alien's attitude
towards migration, expectations in Australia, responsiveness,
initiative, self-reliance, independence, appearance, personal
hygiene, speech and behavior as well as his family unity
all are relevant to the assessment. Unlike Canada, Australia
has no fixed score on the overall assessment that will insure
approval. It is understood that selection for immigration
is founded strictly on the economic conditions and labor
market needs of Australia and the whole selection process is
geared to deny the immigration of all but those persons who
will most benefit the country.
Exempt from the assessment procedure for humanitarian
reasons are the spouses, dependent children and aged or
- 31 -
otherwise dependent parents of Australian residents.
Residents of Australia can also sponsor other close
relatives and other people with recognized qualifications
of experience which will fulfill community needs subject
to their qualification under a limited administrative
assessment system.
Canadian and Australian immigration systems, then,
vest almost unabridged discretionary powers in selection
officers who determine qualifications which are based on
highly subjective criteria. However a central goal, that
of labor market participation and contribution, is
effectively implemented in these countries.
- 32 -
D.
CONCLUSIONS AND RECOMMENDATIONS
Although the United States is a nation of immigrants,
policy which has determined who may enter has embodied
formidable restrictions, qualitative as well as quantitative,
intended to prevent open migration to this country. Our present
law, which was passed in 1952 and substantially amended in
1965, incorporates four main goals: family reunification,
immigration of individuals with needed skills and abilities,
asylum for refugees, and control of visitors. In fact, the
act works to have one major goal, family reunification,
and three lesser goals. Most immigrants today are selected
wholly on the basis of their family ties to U.S. citizens
or permanent resident aliens with no consideration for their
role or impact in the labor market or society in general.
Although provisions for obtaining needed skills and talents
represent one important goal of the current law, the labor
certification program for implementing that goal has only
minimal impact in providing permanent or temporary workers.
In contrast, Canada and Australia, countries with immigration
histories most similar to our own, effectively treat labor
market needs as a major feature of their immigration systems.
As a nation we are experiencing a 100% increase in
the number of immigrants since 1965 (about 400,000 per year)
as compared with the 1924-1965 period (about 190,000 per year).
In addition, immigrant source countries have changed markedly
resulting in a basic ethnic shift in our immigration away
- 33 -
from Europe in favor of Latin America and Asia. Pressure
to immigrate from these areas is intense with several
high demand countries having up to two-year waiting
periods for immigrant visa issuance. Such backlogs
contribute to illegal immigration streams from these
nations.
When the 1965 amendments were passed, a numerical
ceiling was placed on Western Hemisphere immigration for
the first time, however neither a preference system nor
per country limits were applied as in the case of the
Eastern Hemisphere. Abolishing the national origin quota
and controlling Eastern Hemisphere entry were the overriding
legislative considerations. Virtually no analysis or
discussion prompted the final hour Western Hemisphere
ceiling provision. Thus the statutory framework within
which illegal immigration occurs and is defined was
developed in order to eliminate past injustices from the
law rather than to establish policy or definitions for
meeting society's needs for immigration over future years.
RECOMMENDATIONS
1.
Legislation should be passed by Congress which
would extend the preference system and per country
limits to the Western Hemisphere so that immigration
opportunities within each hemisphere are more nearly
equalized.*
*See Footnote, p. 241.
- 34 -
2. Replace the present case-by-case certification
procedures with a system to make determinations
more reflective of labor market conditions as
indicated by data and information.
3. A thorough study of the effects of the Immigration
and Nationality Act should be made as the basis for
proposing fundamental statutory revisions which set
immigration levels and qualifications in relation
to current and anticipated future labor market needs
of the society.
- 35 -
CHAPTER II
ILLEGAL IMMIGRATION: THE GLOBAL PICTURE
To formulate a comprehensive understanding and approach
to the phenomenon of illegal immigration requires examination
of the forces which create and perpetuate migrations of
people. This chapter will examine the demand from other
nations to immigrate to the U.S. followed by an analysis
of illegal alien sending countries, migration theory, and
the foreign relations issues which must be considered.
A. WHO WANTS TO COME? - IMMIGRATION TO THE UNITED STATES
The impetus to migrate is in varying degrees accommodated
through the immigration laws and system described in Chapter
I. We can measure the demand to immigrate through (a)
statistical data relating to immigrant visa issuance, and
(b) the numbers of aliens registered on immigrant visa
waiting lists. These groups of aliens have met the initial
qualifying tests of establishing the existence of a qualifying
family preference relationship or obtaining a labor certificate
for proposed employment. The only difference between the
groups is that immigrant visa numbers have become available
for final action for the former group but not yet for the
latter. For each hemisphere, waiting lists are maintained
in chronological order.
Western Hemisphere
The Visa Office of the Department of State statistically
groups the Western Hemisphere countries into two sub-groups:
- 36 -
North American (including the Caribbean Islands and
Central America to Panama) and South America. During
6/
the period 1969
to 1975, the breakdown between these
sub-groups was:
North America average - 83,737 visas issued; and
South America average - 15,783 visas issued.
The total population of North American countries
is about 112,000,000 and the total for South America is
204,000,000. The difference in average visas issued
shows rather dramatically that North America is the
principal source of immigration to the United States
from the Western Hemisphere with Mexico (almost 50% of
the total), Jamaica, the Dominican Republic and Haiti
as the major source countries.
For immigrant visa applicants registered as of
January 1, 1976, the same principle holds: almost 250,000
of the 300,000 total Western Hemisphere registrants come
from North America (other than Cuba). In this group,
Mexico is even more predominant, constituting about
two-thirds. Within the Western Hemisphere therefore,
major sources of documented demand for immigration are
6 First full year of hemispheric ceiling restriction of
120,000 for Western Hemisphere.
7/ Excluding Cuba which constitutes a special case and whose
immigration figures do not represent a normal outflow.
- 37 -
Mexico and the Caribbean area, while demand from mainland
South America is relatively minor.
Eastern Hemisphere
The Visa Office divides the Eastern Hemisphere into
four regions: Africa, Asia (including the Middle East),
Oceania (Australia, New Zealand, Fiji and several other
island nations in the Pacific Ocean), and Europe. Documented
demand from Oceania is very small, averaging less than
2,000 per year in 1969 to 1975. Immigration from Africa
has also been small during the period, averaging about
5,300, although it has been increasing. Thus both regions
have been negligible sources of immigration.
Asia and Europe, however, are significant sources of
immigration, with high annual averages during the 1969 to
1975 period: Asia, 83,234 and Europe, 78,345. Although
Asia and Europe are roughly equal, these average figures
hide an important shift over the period. In 1969 Europe
exceeded Asia as a source of immigration in a ratio of
about 3:2 (97,393 to 65,935). Annual declines in immigration
from Europe and annual increases in immigration from Asia
have virtually reversed this ratio so that in 1975 immigra-
tion from Asia reached 98,996 and immigration from Europe
had fallen to 61,386, a major shift in patterns of immigra-
tion.
- 38 -
Four countries account for 76.1% of Asian immigration
since 1969: China, India, Korea and the Philippines. Under
existing legislation however, this process of increase
cannot continue. Of the four countries concerned, three
(China, Korea and the Philippines) have already reached
the maximum annual foreign state limitation of 20,000 per
year. Moreover, India reached almost 16,000 in 1975, and
any increase will be limited to about 4,000. Additional
demand will simply build up an annual backlog which will
mean a waiting period of months or years for new applicants.
The January 1, 1976 annual report of aliens registered
on immigrant visa waiting lists shows that of the 225,000
registrants reported, over 160,000 were from Asia with
about 55,000 from Europe. A case in point is the Philippines
where over 100,000 applicants are registered. The foreign
state limitation prevents visa issuance above 20,000 unlike
the Western Hemisphere which has no individual state
limitations on independent countries.
Thus documented demand for and immigration to the
U.S. today rests principally with Mexico, the countries
of the Caribbean and Central America, Korea, the Philippines
and China.
- 39 -
B.
MAJOR ILLEGAL ALIEN SOURCE COUNTRIES
Fifteen countries comprise the major illegal alien
source countries. They are Mexico, the Dominican Republic,
Haiti, Jamaica, Guatemala, Colombia, Peru, Ecuador, the
Philippines, Korea, Thailand, Greece, India, Iran and
Nigeria.
With few exceptions, the countries from which
the majority of legal immigrants today come and which
exhibit the greatest documented demand for legal immigra-
tion are also the countries from which the majority of
illegal entrants come. While our knowledge of the illegal
entrant is largely limited to information which can be
developed about apprehended illegal aliens, it is safe to
conclude that those countries which have a large documented
demand for immigration also have a great hidden demand
which is producing illegal entry to the U.S.
Illegal migration to the U.S. is from a variety of
countries in the less developed world primarily in Latin
America and Asia. The notion that the illegal problem is
a Mexican problem is mistaken and represents a narrow view
of the issue even though Mexico is probably the largest
single sending country.
8/ This list, developed by the Foreign Relations task force,
is based on data from the refusal/deportation/visa issuance
statistics of the Department of State and the Immigration
and Naturalization Service.
- 40 -
The countries from which illegal aliens come have
similar characteristics in several important respects.
These characteristics constitute significant push forces
which, when combined with equally strong pull forces at
another point, result in major movements of people or
migration.
International Push-Pull
The push to migrate is primarily determined by the
economic characteristics of the points of origin and
destination including wages, unemployment and industrial
growth. Social and demographic factors such as educational
facilities, housing, population density, and personal
characteristics of the migrant are involved, however
employment differences have proven to be the dominant
driving force.
The composite picture of illegal alien sending
countries is one of depressed economic conditions for the
vast majority of people with large-scale rural to urban
internal migrations underway. The economies of these
countries are unable to provide employment for large
segments of the skilled, semi-skilled and even professional
population. Furthermore, there exist inadequate community
services, including educational facilities, and a general
lack of social mobility as well as very high population
growth rates. Political instability or a perceived sense
of impending political violence may also be a factor.
- 41 -
Specific examples, drawn from country reports prepared
by the Foreign Relations task force, illustrate the push
factor.
"PERU although rich in minerals is a poor country,
with most of its 16 million population earning little
better than subsistence level livings at agriculture,
mining and fishing."
"COLOMBIA's per capita income of $510 disguises the
fact that rural living standards are very low, many people
live on subsistence agriculture, urban pressures include
marginal masses, and the existence of a 10% unemployment
rate."
"In addition, INDIA's many schools and universities,
some of which are quite good, turn out a large number of
educated unemployed, and the prospects for improvement
in the employment picture are not good in the short or
medium term."
"The results have been increasing disparities
between the developmental levels of the [ECUADORIAN]
cities and the countryside, greater rural emigration
which has exacerbated urban unemployment and under-
employment, inflation rates which have cut the buying
power of the poor and created even greater social
distances between the mainstream and the large and back-
ward Indian population which exists only on the margin
of the cash economy."
"Although the rate of population growth has decreased
significantly in the past decade under government-sponsored
control programs to a 1975 level of 1.7% and is still
falling, the number of KOREANS entering the labor force
annually as a result of higher growth rates in earlier
years remains high.
"[IRAN's] rapid rise in oil earnings that started in
1973 triggered an acceleration in development efforts
that has overstrained the existing infrastructure."
"Although MEXICO's economic development in the 1960's
and 1970's was the highest in any country in Latin America,
the fruits of that growth do not benefit the segment of
the population attracted to the U.S. Labor Market."
- 42 -
Pull factors in the United States are derived from
the economic and technological disparity between the developed
nations (one-fourth) of the world and the underdeveloped
majority. Some evidence indicates that the native U.S.
population has become so educated and upwardly mobile
that many are unwilling to take lower paying, low status
or disagreeable jobs. These jobs are willingly taken by
workers from other countries and U.S. employers are anxious
to hire unskilled foreign-born labor because it is cheap
and industrious. This availability of work and the lack of
sanctions for hiring illegal aliens is the single most
important incentive to migration creating the pull portion
of the equation. For people from other nations the U.S.
remains a land of economic opportunity hospitable to those
who would work hard to improve their circumstances. This
lure, whether accurate or not, is enhanced by better
opportunity for schooling and training for themselves and
their children, and improved living conditions. The
heterogeneity of the U.S. population makes it relatively
easy to find acceptance in combination with cultural and
historical affinity between estalbished ethnic groups in
the U.S. and the sending countries.
9/
"Our common 2,000 mile border with MEXICO is unique
in that nowhere else on earth does a political boundary
separate two major countries with greater economic disparity."
9/ The U.S.-Mexican border is 1945.86 miles as determined by
the U.S. Geological Survey. A rounded figure of 2,000 miles
will be used in this report.
- 43 -
"As against a U.S. per capita GNP now exceeding $5,000
per year, the PHILIPPINE per capita GNP, at current prices,
reached only $368 in 1975."
"Some employers also prefer MEXICAN illegal workers
for some occupations because they form a more passive
supply of labor than more mobile native workers -- they
tend to work 'scared and hard'."
"COLOMBIANS, in general, and the poorer classes in
particular, have come to view the United States as a
relatively accessible land, of high living standards,
upward social mobility, and unlimited opportunity.'
"Despite GREECE's economic growth and European
Economic Community ties, the U.S. will still remain a
strong drawer of GREEK immigrants primarily because of
the size of the Greek-American community and because of
the importance of family and religious ties."
Illegal alien source countries share essentially three
common characteristics which seem to operate in combination
to produce illegal migration. The pattern which emerges
is one which will, given current trends and policies, apply
to increasing numbers of countries in the world over the
coming decades.
1.
Rapid Economic Expansion
The source countries tend to show signs of rapid
economic growth and expansion and do not rank with the
very poorest nations in the world. This is to be
expected as individuals in the poorest nations have
too few skills, too little knowledge of the U.S., and
too few resources to attempt migration. Accompanying
growth in source countries has frequently been a
persistent mal-distribution of income so that the
benefits of expansion have not accrued to all geographic
or economic groups in the population.
Thus, expectations have often risen faster than
has the capacity to fulfill them. If this pattern
is an inevitable aspect of rapid economic growth,
we can expect more nations to be involved in the future.
- 44 -
2.
High Population Growth Rates
These countries have high rates of population
growth with the majority being young. Thus large
numbers of people are and will be seeking employment
in the future. Annual population growth rates of
2.5, 3.0, and 3.5% tend to offset gains made toward
the creation of adequate numbers of jobs, the most
important development challenge facing these countries.
Emigration serves as a stop gap measure contri-
buting to the postponement, to some extent, of necessary
source country changes. While providing a safety
valve, it also has definite draw backs for the sending
countries. Migration is inevitably selective.
Although the education level of migrants is on the
average somewhat lower than that of native Americans,
it is usually higher than that of the natives in the
sending countries. Emigration removes people of
productive age and leaves behind children and old
people thereby raising the underdeveloped country's
already high dependency ratio. The value of remittances
sent back home may partly compensate for those losses,
but the remittances are often uncertain. When they
come, they are spent largely on consumer items rather
than directed toward capital formation.
As the source countries become still more crowded,
there will be increasing pressure for emigration.
Generally speaking, however, the problems of under-
developed source countries are beyond solution by
emigration. Should the United States try to accept
as migrants the excess population growth of these
countries, we would be dealing with the following
figures:
Total Population
1976
2000
United States
215,300,000
262,500,000
Source Countries
976,000,000
1,743,200,000
- 45 -
The world's first billion inhabitants were
produced by around 1850. By 1930 there were 2 billion.
By 1961 world population reached 3 billion. Fifteen
years were required to pass 4 billion and at present
growth, 5 billion will be reached in 13 years. Latin
America has the world's most rapid rate of growth
with a population exceeding 326 million. It will
enter the 21st centruy with well over one-half a
billion people (606 million), having taken only
25 years to double its population at today's growth
rate.
3. Links With the U.S.
Cultural or historical links between the U.S. and
the source countries appear to be a necessary ingredient
in illegal immigration. A migration stream is sustained
by positive reports, generally by word of mouth, of
conditions, both economic and personal, in the host
country. Links develop through U.S. cultural saturation
of source countries, e.g., wartime presence in Korea
or the Philippines, or through the existence of
ethnically familiar communities in the U.S. Concentra-
tions of legal immigrants are by no means necessarily
supportive of or involved in illegal immigration.
However, their very existence creates conditions of
cultural familiarity and psychic support which are
important factors in sustaining migration streams.
Push and pull forces act cumulatively to create intense
pressure for migration to the U.S. When it cannot be
accommodated through authorized means, it may turn to
clandestine means for the policies and resources which seek
to contain it are not nearly so strong or fundamental as
those which operate to nurture it.
- 46 -
MAJOR ILLEGAL ALIEN SOURCE COUNTRIES
Population Estimate
Mid-1976 (millions)
0.8 Growth (annual, percent)
Rate of Population
87 Number of Years to
Double Population
Population Projection
to 2000 (millions)
Population under
15 Years (percent)
Urban Population
(percent)
Per Capita Gross
National Product (US$)
COUNTRY
USA (Reference)
215.3
262.5
27
74
6,640
Mexico
62.3
3.5
20
134.4
46
61
1,000
Dominican Republic
4.8
3.0
23
10.8
48
40
590
Haiti
4.6
1.6
43
7.1
41
20
140
Jamaica
2.1
1.9
36
2.8
46
37
1,140
Guatemala
5.7
2.8
25
11.1
44
34
570
Colombia
23.0
3.2
22
44.3
46
64
510
Peru
16.0
2.9
24
30.9
44
60
710
Ecuador
6.9
3.2
22
14.0
47
39
460
Philippines
44.0
3.0
23
86.3
43
32
310
Korea
34.8
2.0
35
52.3
40
41
470
Thailand
43.3
2.5
28
86.0
45
13
300
Greece
9.0
0.4
173
9.7
25
53
1,970
India
620.7
2.0
35
1,051.4
40
20
130
Iran
34.1
3.0
23
67.0
47
43
1,060
Nigeria
64.7
2.7
26
135.1
45
16
240
Population Data: Population Reference Bureau,
Washington, D.C.
- 47 -
The Migration Phenomenon
The combination of push forces at a point of origin
and pull forces at a point of destination result in
migration, a complex phenomenon involving demographic,
10/
anthropological, economic and political interrelationships.
Peoples have been in movement for all of recorded history
drifting from place to place in response to social, political,
and economic factors. As these factors change over time,
patterns of migration change. Migration is both internal
to countries and external. While our interest rests with
external or outcountry migration, the distinction between
in and out-country migration is not primary. Rather,
migration is the playing out of forces among which national
boundaries is a secondary, not a controlling factor.
Given the push-pull construct as the underlying basis
for individual decisions to migrate, migration as a
phenomenon exhibits common, predictable features.
1. Migration tends to take place largely within
well defined streams.
2. For every major migration stream, a smaller
counterstream develops. Some migrants intend to
return; others return because of difficulties in
re-settling.
3. The net migration is high when conditions at the
destination are favorable in comparison to those at
the origin.
10/ See Weaver, Thomas and Downing, Theodore E., ed.,
Mexican Migration, University of Arizona, 1976, for a full
discussion.
- 48 -
4. Migrants tend to be the more highly motivated
and able individuals from the areas they leave.
5. The volume of migration increases as the difficulty
of the intervening obstacles (distance, expense,
natural barriers, laws) lessens.
6. The greater the intervening obstacles, the more
highly motivated and able are the migrants.
7. In the absence of severe checks, both volume and
rate of migration tend to increase with time.
These general principles provide a framework for
analyzing the policy questions which illegal immigration
presents. If movement into the United States takes place
within well defined streams, our legal immigration may
serve to beget illegal immigration from countries where
the pressure to emigrate is greater than our legal limits
contemplate. Legal immigration limits are a function of
domestic political considerations and perceived national
interests. However migration streams develop in response
to economic and social forces which our law was never meant
to accommodate. However legal immigration may well set in
motion a self-sustaining process which is guided by its own
momentum instead of by the law which spawned and seeks to
define it.
To recognize the possibility of legal immigration
fostering illegal immigration is not to conclude that
immigration from high demand areas should cease. It does,
- 49 -
however, require careful consideration of what other tools
may be available to influence the migration process. The
rate and nature of migration is strongly influenced by the
obstacles between origin and destination. Thus we would
expect an easily penetrated land border to be more inviting
than a cross-ocean journey which involves considerable
expense and procurement of documents. Stressing prevention
of entry by making the physical process of coming to the
U.S. more formidable and risky is an obvious approach
which addresses basic principles guiding migration.
To the extent that the obstacles between origin and
destination simply involve physical difficulties related to
gaining entry, they present but one level of an obstacle
strengthening approach. Policy could also recognize the
ease or difficulty of living in the U.S. illegally. In
this regard the availability of work, services, change of
legal status and the likelihood and penalties of being
discovered are important.
The principle of counterstream and net redistribution
of population pursuant to migration also provide tools. If
there is a built in tendency for migrants to return, policies
which encourage return in both host and sending countries
might be developed. Over the long term, narrowing the gap
in conditions between origin and destination will make it
- 50 -
less compelling for migrants to brave the difficulties of
resettlement. Experience with Italy-U.S. migration has
had an interesting history in this regard. Until recently
the pressure to emigrate from Italy had been intense
displaying all the characteristics and patterns of source-
host country relationships discussed earlier. However in
recent years the surge has become a trickle and the explana-
tion given by observers relates to the gradual but definite
improvements in living standards that have occurred in
high out-migration areas of Italy. Remaining in Italy
still does not offer the economic opportunity available
in the U.S. However, the gap has been narrowed to a
point where overcoming the financial, cultural and psychic
costs of resettling is attractive to fewer and fewer
would-be immigrants.
Programs directed at the counterstream and net
redistribution principles must also take into consideration
the forces which influence migrants during the settlement
process in a new country. Settlement is discussed in detail
in Chapter VI, however in general it can be said that
migrants who may intend to remain only temporarily in a new
country tend to undergo a basic change in aspirations or
goals rather quickly which causes them to resettle permanently.
- 51 -
Thus settlement pressures may outweigh the incentives
available to effect significant counterstreams. A
careful understanding of migration and analysis of the
specific character of the migrations we are currently
experiencing must be sought and utilized by policymakers.
Illegal immigration is a result of international push-
pull forces which are stronger than the law and systems
currently in place to control it. Comprehensive policy
approaches, both short and long term, must be directed
at the ingredients which create push-pull and at the
principles governing the migration phenomenon if they
are to have any reasonable chance of successfully slowing
the illegal alien flow.
- 52 -
C.
MEXICO AND THE UNITED STATES - A BILATERAL APPROACH
Although clandestine migration is not a narrowly based
phenomenon limited to few countries or causes, Mexico does
occupy a unique historical and geographical place in the
picture.
The number of Mexican nationals who have legally
emigrated to the United States has steadily increased
over the last decade. During the period from 1963 through
1975, Mexicans constituted at 664,453 the largest group of
legal immigrants to the United States. In 1975, the
62,205 Mexican immigrants admitted represented approximately
16 percent of the total legal immigration to the United
States, double the second largest national contingent
which was from the Philippines.
However, the Immigration and Naturalization Service
(INS) apprehends and returns to Mexico more undocumented
migrants each year than the total number of people who
emigrate legally to the United States from all nations of
the world. Thus Mexico is our most sizeable current source
of clandestine immigration as well as legal immigration.
Mexico-U.S. comparisons present a classic example of
push-pull factors with the most striking feature being
annual per capita incomes of $700 and $5000, respectively.
Still the case of Mexico is also unique in two important ways.
- 53 -
-
We share a common 2000 mile border which is
relatively easy to cross.
-
Mexican migration to the U.S. is not a recent
development but rather part of a long history
of significant regional cultural commingling
and economic interdependence.
Evaluated within the framework of migration discussed
earlier, these differences are significant. Our common
border is a far less formidable intervening obstacle
than is an ocean and therefore influences the selectivity
of the migration as well as the volume. Time and cultural
receptivity are equally important indicators influencing
migration. The North-Houstoun research, which will be more
fully discussed in Chapter IV, indicates that the Mexican
migration is qualitatively different largely due to the
factors which make Mexico distinct from, rather than similar
to, other illegal alien source countries. This suggests
that a different approach to Mexican clandestine migration
may need to be fashioned although much research must yet
be done in order to understand better the similarities and
differences which are relevant to policy. It also suggests
that bilateral negotiations and cooperation should be sought.
- 54 -
Undocumented Mexican migration raises difficult issues
for the governments of both Mexico and the U.S. Mexican spokes-
men cite the unreliability of the illegal alien data base which
is disseminated by official American sources as a major concern.
They wish to insure that the legal, labor and human rights of
their nationals in the U.S. are fully protected. Mexico has
recently established several significant internal resettlement
efforts directed at Mexican workers from areas of high rural
out-migration. These programs rely on rural development
through labor intensive employment schemes. Any sudden return
to Mexico of large numbers of undocumented workers would
exacerbate already serious internal employment problems.
The United States hopes for increased enforcement of
extant Mexican laws and regulations directed at immigration to
this country. Examples are:
-- ensuring that persons leaving Mexico do so through
a designated place of departure.
-- increased enforcement directed against Mexican or
American smugglers of illegal aliens.
-- identification of persons in the border areas who
are there solely for the purpose of surreptitiously
entering the United States.
-- preventing nationals from third countries from using
Mexico as a means of illegally entering the United
States.
- 55 -
While such measures would help to slow the flow of
Mexican illegal aliens, they do not address the underlying
causes. For the long term much more must be known about the
dimensions, characteristics, and impacts of Mexico-U.S.
migration to develop effective approaches.
Proposals for joint action should be directed at law
enforcement and criminal abuse of undocumented workers as well
as at relevant economic, trade, investment and labor matters.
U.S. -Mexico Discussions
The problem of the illegal Mexican migration is currently
being discussed by the U.S. Inter-Agency Committee for the
Study of Problems Related to the Illegal Migration of Mexican
Aliens Into the U.S. 11/ and the Mexican Commission on Undocu-
mented Workers. These groups, established as an outgrowth of
President Ford's meeting with President Echeverria in October,
1974, last met in a joint plenary session in Washington, D.C.,
April 19, 20, 21, 1976. Follow-up sessions have since been
held at several border sites. The work of these groups repre-
sents initial steps toward meeting the serious need for
cooperative efforts between the governments of both nations.
11/ Serves as Foreign Relations task force of Domestic
Council Committee on Illegal Aliens.
- 56 -
Other Countries
With the possible recent exception of Mexico, the
control of illegal immigration has not been an item of
concern to U.S. policymakers in the governance of our
relations with sending countries. The State Department's
country policy papers, which outline U.S. policy goals
for the major sending countries, do not in any case cite
illegal emigration as an issue although several accord
priority to establishing effective visa issuing processes.
Bureaucratic expertise or resources with regard to migra-
tion and related issues are sparse at best. Research
monies in the international area are not commonly directed
at the relationship between migration and other foreign
policy goals. The research which is available and which
is discussed in Chapter IV indicates that there may be
significant differences between Mexican migration and that
of the Caribbean and Central American countries. Very
likely the influx from the Philippines poses important
variations to the theme as well.
Illegal immigration must be accorded a far higher and
more generalized level of attention in the conduct of foreign
affairs. Illegal emigration is not simply a consular matter
but a central feature of development in a significant number
of countries. While the issue encompasses a somewhat unique
blend of foreign and domestic policy concerns, this combination
has appeared before in such areas as drugs for example.
- 57 -
Slowing the flow of illegal aliens will require new
policies in both the domestic and foreign relations areas.
Understanding and cooperation from sending countries is
critical. Steps to establish bilateral discussion and
joint cooperation must be significantly expanded to
include all the major source countries and the issue of
illegal emigration must in and of itself as well as through
the attendant issues of family planning, rural develop-
ment, employment policies and the like, receive greater
foreign policy emphasis.
- 58 -
D.
COMPETING FOREIGN RELATIONS PRIORITIES
Strict Visa Issuance Controls
To pursue a policy of actively discouraging illegal
immigration from within source countries would impinge on
certain established practices and policy goals. The
most obvious is our long-established goal of promoting
student and visitor travel.
What would be the result if the U.S. Government were
to exercise its sovereign right to adopt a more effective
visa issuing and port of entry admission posture? This
would include more careful screening out of fraudulent
applicants who misrepresent their real intent to work and
remain in the United States with false claims or documents.
Section 214 (b) of the Immigration and Nationality Act
clearly spells out that "Every alien shall be presumed
to be an immigrant until he establishes to the satisfaction
of the consular officer and the immigration officers
that he is entitled to a nonimmigrant status." If this
basic provision of the law were vigorously and thoroughly
enforced, visa refusal rates and exclusion statistics for
the illegal alien source countries would doubtless rise
sharply.
The State Department believes that our relations with
the source countries would not be noticeably affected if
- 59 -
controls of ineligible aliens were tightened somewhat on a
worldwide, non-discriminatory basis. Even in the event of
a significant increase of visa refusal and exclusion rates,
while there might be some souring of local attitude toward
the United States within certain elements of the local
populace, there would in all probability be no immediate
effect on intergovernmental relations. Imposition of
control measures with real teeth or outright exclusion,
however, could cause serious repercussions, especially in
Mexico, and to a lesser degree in the Caribbean area and
the Philippines. As a current U.S. foreign relations
priority, an effective visa issuing process varies within
the source countries. This function is inadequately stressed
in current U.S. foreign country policy goals.
Tourism
Imposition of stricter travel controls could adversely
affect the mission of the United States Travel Service (USTS)
as stated in the 1961 International Travel Act:
(1) develop, plan and carry out a comprehensive program
designed to stimulate and encourage travel to the
U.S. by residents of foreign countries for the
purpose of study, culture, recreation, business,
and other activities as a means of promoting
friendly understanding and goodwill among the
people of foreign countries and the U.S.; and
- 60 -
(2) encourage the simplification, reduction, or
elimination of barriers to travel, and facilita-
tion of international travel generally.
USTS argues that actions which would frustrate or
impede the flow of bonafide tourists into the U.S. --
for example the prescription of more stringent tests of
non-immigrant status for visa applicants, the imposition
of travel controls on persons entering, or intending to
enter, the country legally, or the settling of a rigid
rejection rate objective, by country, for visa applications
-- would conflict with national tourism policy and affect
the Travel Service's ability to carry out its responsibilities.
Tourism is an important element of U.S. trade in goods
and services, and according to USTS accounted for an
estimated $5.5 billion in foreign exchange earnings in
1975. USTS estimates that every $15,000 in tourism receipts
creates or supports one job. Expenditures by international
visitors supported about 366,000 American jobs in 1975.
Whether or not strengthened controls will decrease
the number of bona fide tourists is an important issue.
USTS points Qut that any significant changes to control
the flow of illegal aliens must take into account an awareness
of the economic benefits of tourism, the legitimate interests
of the tourism industry (including labor) and the intent of
the Congress in passing the International Travel Act of 1961.
- 61 -
Other priorities in overseas investment programs,
development efforts and the like very likely come into
play. In the long term exploration and analysis of the
inter-relatedness of emigration and a wide range of foreign
policy goals and practices is needed.
- 62 -
E.
CONCLUSIONS AND RECOMMENDATIONS
The demand to immigrate legally to the United States
is intense in Mexico, several Caribbean and Central
American nations, the Philippines and Korea. These are
also prominent among the 15 major illegal alien sending
countries. When the pressure to emigrate cannot be met
through authorized means, it may become clandestine for
the push forces creating it are stronger than the official
policies or systems established to contain it.
The economic push due to a lack of jobs and economic
opportunity in source countries is met by strong pull
forces in the U.S. The major attraction for illegal
immigration is available work. The illegal entrant
risks detection but the risk is not great enough to
prevent significant numbers from coming. This combination
of international push and pull forces is the basic cause
of illegal immigration. Some tools around which to
develop new policies are suggested by the principles
which describe the phenomenon of migration, principally
the deterrent potential of increased obstacles.
Illegal alien sending countries exhibit striking
similarities in the areas of economic expansion, population
growth, and links with the U.S. These characteristics
operate in concert to produce migration which functions
as a safety valve for the sending country and contributes to
postponement of necessary change. Under current conditions
- 63 -
in the U.S. and abroad the potential number of aliens
involved is staggering. If pressure to emigrate to the
U.S. is indeed a function of certain patterns of development,
we can expect to add other countries to the source list in
the future.
Although Mexico is not the sole source of illegal
entrants, it is the major source. Bilateral discussions
between the U.S. and Mexican governments have been initiated
and working proposals on law enforcement, criminal abuse
of Mexican nationals and relevant economic issues are
being developed. Solutions to the illegal alien problem
must include cooperation and support from source country
governments. Bilateral discussions must be greatly expanded.
In addition, control of illegal immigration must become
a more central concern to U.S. policymakers in the conduct
of our foreign relations. This means that some conflicts
with other foreign affairs goals, such as promotion of
travel and study in the U.S., need to be considered.
Recommendations
1.
State Department Contribution to Research
A major U.S. Government research effort aimed
at filling in the extensive knowledge gaps regarding the
flow of illegal aliens should be supported, with interagency
coordination. For example, the Department of State should
develop a correlation analysis for those factors that have
- 64 -
been identified as common to most source countries. This
should be specifically structured to extrapolate data
capable of predicting future flows of illegal migration.
2.
Continuation and Expansion of U.S./Mexico Dialogue
Useful discussions between the U.S. Interagency
Committee on Illegal Aliens and the Mexican Inter-
Secretarial Commission have been held. Such meetings
and exchanges must be continued and established with other
sending nations. Future meetings should include intensified
cooperation between U.S. and Mexican immigration officials,
establishing working groups to deal with operational problems
and developing proposals for economic policies.
3.
Establish Position in State to Coordinate Illegal
Migration Matters
The State Department should establish a full-time
position and resources for overseeing worldwide efforts at
slowing the flow of illegal aliens. The magnitude and
spread of illegal migration calls for an intrafunctional
approach involving political and economic personnel and
resources in addition to the techniques utilized in
traditional consular procedures. The migration officer
would also act as liaison officer for State with INS and the
Domestic Council Committee on Illegal Aliens.
- 65 -
4.
Develop Strategies Aimed at Push-Pull Forces
The relationship between push-pull, migration
theory, individual source country patterns of economic
growth, and U.S. foreign relations with those countries
must be thoroughly analysed and re-evaluated. We must
develop strategies and programs which address the basic
themes of push-pull and migration recognizing that
fundamental changes, difficult for governments to control
in the short term, must be sought.
- 66 -
CHAPTER III - LAW ENFORCEMENT
Today the enforcement of this nation's immigration
laws is largely directed at the problem of illegal immi-
gration. To understand enforcement issues, one must
separate the migration of undocumented workers from
Mexico, which has its antecedents during World War I,
from the more recent phenomenon of a movement of labor
from certain less developed nations to the U.S. The
latter has only begun to manifest itself since the mid-
1960's, and involves, based on the evidence to date,
several migration streams from various parts of the world.
A.
BACKGROUND
Mexico
Basic to the issue of Mexican immigration into the
United States is the nature of the border between the two
nations. The entire region which now encompasses our
boundary once belonged to Spain and later to Mexico.
Originally explored and colonized by Spanish-speaking
people, it was developed by them for almost three hundred
years before a definite boundary was drawn giving to the
United States that portion generally north of the Rio Grande.
The border, established without regard to either the ethnic
composition or the economy of the people within the region,
has been called one of the most unrealistic borders in the
Western Hemisphere.
- 67 -
Legally, immigration is "the passing or moving into a
country with a purpose of permanent residence." When
applied to the border, the place of residence is the region,
and thousands of Mexican people have been accustomed to live
in the area for generations. The permanence of residence
is not destroyed by the mere crossing of a line which is
for the most part imaginary, regardless of the side of that
line upon which one happened to be born. Unlike immigrants
from Europe and the rest of the world, the Mexican has no
great psychological or physical obstacles in the path of
his migration. Culturally and economically, the northern
States of the Republic of Mexico are in many respects
similar to the Southwest region of this country.
In a sense, then, the cultural basis for the current
situation in our Southwest was established after the
Mexican-American War of 1846. Through the Treaty of
Guadalupe Hidalgo, the United States annexed most of the
territory which now comprises the states of Arizona,
California, Colorado, New Mexico, and Texas, as well as
smaller parts of Nevada and Utah. Under the terms of this
treaty, all Mexican citizens living within this area were
to become citizens of the United States if they did not
- 68 -
leave the newly acquired territory within one year or
declare their intent to retain Mexican citizenship.
Few chose to leave.
Very little immigration across this new political
boundary took place until the turn of the century.
Between 1910 and 1917, 150,000 Mexicans emigrated to the
U.S. largely as a result of violence accompanying the
Mexican civil war. With the advent of the First World
War, the United States faced certain labor shortages.
Not only agriculture, but railroad and mining interests
required an available supply of cheap labor. The
Secretary of Labor authorized immigration officials to
exempt illiterate temporary Mexican farm workers from the
immigrant qualifications and head tax provisions of the
Immigration Act of 1917. A rapidly industrializing America
as well as the nomadic life thrust upon Mexican agricultural
workers combined to induce movement into many cities of the
Midwest and Northwest. Although the largest number
remained in the Southwest, significant enclaves of Mexicans
were established in a number of Midwestern cities.
The dispersion continued until the Great Depression
when approximately 200,000 Mexicans, who had entered without
documentation, were repatriated. Special efforts were made
to locate and remove illegal Mexican aliens. In fact, the
- 69 -
campaign became so zealous that certain numbers of persons
of Mexican ancestry -- usually with some form of legal
equity -- were induced to repatriate themselves by
"voluntarily" returning to Mexico. Stopping welfare pay-
ments was one device used to aid in this effort. Much
of the latent antagonism of Mexican-American communities
toward the Immigration and Naturalization Service and its
agent, the Border Patrol, which was created in 1924, has
its origin in this unhappy period.
The Bracero Program
World War II again brought war-related labor shortages
which prompted this country to seek an arrangement with the
Government of Mexico for the temporary importation of
workers. In August, 1942, a formal agreement between
Mexico and the United States was negotiated and the action
launched the Mexican Labor Program, better known as the
Bracero Program, under which Mexican labor was to be
provided for agricultural and railroad laborer jobs.
Provisions of the contract stipulated that workers were to
be afforded protections in housing, transportation, food,
medical services, and wage rights.
The Bracero Program was to terminate in 1947, however,
it was continued informally until 1951. In that year, it
was formalized as Public Law 78, and the agreement for
- 70 -
Mexico to provide laborers to work in the American rural
labor markets remained in effect until terminated on
December 31, 1964.
Operation Wetback
Illegal Mexican migration increased during the
Bracero years because employers, dissatisfied with the
Bracero Program, sought to maximize their profits. Texas
farmers, because of Mexico's refusal to extend the Bracero
Program into their state for a time, probably hired more
illegal Mexican aliens than any other state. As a result,
the Border Patrol launched Operation Wetback in 1953-54,
and nearly 1 million apprehensions of clandestine Mexicans
were made in one year.
Some contend that a major function of the Border
Patrol in this period was to regulate through selective
enforcement rather than by apprehension and exclusion.
Certainly one controversial practice of this era was the
so-called "wringing out wetbacks." Under this practice,
Mexican illegal aliens were returned to Mexico, if only
temporarily, and subsequently recruited and returned under
contract with employers in the United States. With the
conclusion of Operation Wetback, the apprehension of size-
able numbers of illegal aliens along the border fell signi-
ficantly until the termination of the Bracero Program in
- 71 -
December of 1964. For the period following Operation
Wetback, 1956-65, total apprehensions averaged less than
50,000 annually.
The Contemporary Problem
The forces which created and sustained the "Bracero"
program continue to persist. There continues to be an
economic demand induced by some employers in the United
States for Mexican workers. That demand is being met by
12/
commuters
and illegal aliens.
During recent years, along with the high population
growth rate, there has been a major movement of people
within Mexico from rural areas into Mexico City and
northern border towns. Mexico City, for example, 15 to
20 years ago had a population of approximately 1-1/2
million. It has now burgeoned to an estimated 10-13
million.
Conditions in the U.S. border towns appear to be
particularly relevant. Economic conditions there are un-
favorable, unemployment being estimated in the 30 to 40
percent range, and wages at the subsistence level. While
there is variance from town to town for those employed,
wages are never more than one-third the minimum in the
United States.
12/ In December 1975 there were about 54,000 commuters
working legally in the United States, 45,000 of whom were
from Mexico.
- 72 -
Prospects of available employment, of course, are the
major attraction drawing illegal workers into the United
States. Migration by the Mexican is also enhanced by the
Bracero experiences of friends and relatives and by ties of
cultural affinity existing for many generations between
Mexican-Americans (Chicanos) and Mexicans. Although
divergent political and economic realities on either side
of the border have often caused antagonistic feelings
between these two groups, mutually shared cultural values,
including a common language, remain.
Traditionally, illegal Mexican migration was a
relatively localized situation. It is now spreading far
from the border to those areas that were settled in the
early part of this century by immigrants from Mexico such
as Chicago, Denver, Detroit, Kansas City and St. Louis.
In addition, current migration is much more heavily
institutionalized than that of the past. A significant
number of professions, agencies, and individuals live off
of promoting migration to the United States. Some
examples would be border-town taxi companies and mini-buses
that make the run to Chicago, San Francisco, Denver,
Dallas, and other cities, forever soliciting a full comple-
ment of passengers, including women, children, and old folks,
as well as "tourists" and "shoppers" whose request for a
- 73 -
visitor's visa has been turned down by American consuls;
the travel agencies that sell cut-rate tourist excursions
by air direct to the United States or via Puerto Rico or
Canada; the coyotes and enganchistas whose longstanding
business has been to deliver truckloads and busloads of
gullible Mexican jobseekers from the interior of Mexico
to border towns; smuggler rings, involving guides, drivers,
innkeepers, labor agencies, job foremen, fabricators of
false documents, and the like; and certain predatory lawyers,
immigrant consultants, and public notaries, who work
immigrant hardship cases.
There is ready accessibility to the United States
across our 2,000 mile border which makes policing very
difficult. Late in 1974, about 85 percent of the 1,600
person Border Patrol force was assigned to that border,
leaving the interior relatively unpoliced. As a result,
if the Mexican alien now successfully penetrates the border
region, he is essentially "home free." The very openness,
freedom of movement, absence of controls, and physical size
of the United States and the heterogeneity of the population
make it relatively easy for undocumented migrants to remain
undetected. Escaping detection is substantially enhanced
by the lack of risk or cost for the employer hiring illegal
workers. Although it is against the law for an alien to
- 74 -
enter illegally or remain illegally, it is not against the
law for an employer to hire an undocumented worker.
Normally, if migration is permanent, the sending
country loses some of its productive workers. However,
in the case of Mexico where population levels, aspirations,
and infrastructure development are in disequilibrium, any
Mexican sense of loss may be many years in the future. In
addition to relieving population pressure through the
safety valves of illegal and legal migration, the favorable
effects on international balances of payment for Mexico
from remittances by migrants to their families are consid-
erable.
Other Countries
The Mexican problem involves surreptitious entry around
designated ports of entry across our common land border.
Recently a newer, sometimes less obvious migration of illegal
aliens from a number of Caribbean, Central American and
Asian countries has begun to create a more complex
situation. It involves, for the most part, persons coming
through ports of entry documented as visitors and students,
who then violate the terms of their admission by overstaying
and/or taking employment. As screening for such entrants
increases, these persons are turning to any number of
fraudulent devices in order to gain entry to this country.
- 75 -
Although not entirely accurate because the categories
overlap to some extent, non-Mexican illegals are referred
to as visa abusers whereas Mexican illegals are known as
EWI's (Entry Without Inspection). As discussed in Chapter
II the source countries of visa abusers share many character-
istics in common with Mexico. However the different means
by which the two groups enter pose significantly different,
difficult enforcement problems.
- 76 -
B.
PRESENT ENFORCEMENT SYSTEM
The task of preventing the illegal migration of people
into the country falls primarily to the Immigration and
Naturalization Service (INS). This agency is aided in its
prevention efforts by the State Department which is respon-
sible for the issuance of visas overseas. A number of other
agencies' activities, to a lesser extent, impact on enforce-
ment efforts aimed at illegal aliens. These activities
generally involve actions relating to control over such
persons once they are in the country. These entities are:
the Wage and Hour Enforcement Division of the Department of
Labor, the U.S. Customs Service, the Internal Revenue Service,
and the Social Security Administration.
In enforcing the nation's immigration laws, the pre-
vention of illegal entry is of paramount importance to INS
and involves almost 40 percent of its personnel. Prevention
is carried on through two activities: inspections at ports
of entry and maintenance of a border patrol between entry
sites. Inspection activities are conducted at numerous points
of entry along our international borders as well as at
designated airports and seaports. The law requires that each
alien seeking admission to the United States present himself
to an immigration officer who determines whether such a
person is admissible based on 31 categories of exclusion.
- 77 -
The U.S. Customs Service also performs inspection for
immigration purposes according to a cross-designation
authority. In FY 75, 790,232 persons (o.003%) were denied
13
/
entry
out of a total of 259 million inspections. If
a person does not present himself at a port-of-entry for
inspection, it falls to the Border Patrol to prevent the
entry.
Authority
Definition and designation of immigration officers are
provided by statute and regulation. The Immigration and
Nationality Act of 1952 provides wide ranging authorities:
"
any officer or employee of the Service authorized
under regulations prescribed by the Attorney General shall
have power without warrant
To interrogate any alien or person believed
to be an alien as to his right to be or to remain
in the United States;
To arrest any alien who in his presence or
view is entering or attempting to enter the
United States in violation of any law or regu-
lation made in pursuance of law regulating the
admission, exclusion or expulsion of aliens;
To arrest any alien in the United States if
he has reason to believe that the alien so
arrested is in the United States in violation of
any such law or regulation, and is likely to
escape before a warrant can be obtained for his
arrest;
13 / This number includes so-called "turnbacks," persons
who approach the port and do not have proper documentation
at that time.
- 78 -
To make arrests for felonies which have
been committed and which are cognizable under
any law of the United States regulating the
admission, exclusion or expulsion of aliens
if he has reason to believe that the person
so arrested is guilty of such felony and if
there is likelihood of the person escaping
before a warrant can be obtained for his
arrest;
Within a reasonable distance from any
external boundary of the United States, to
board and search for aliens any vessel,
within the territorial waters of the United
States and any railway car, aircraft, convey-
ance or vehicle;
Within a distance of twenty-five miles
from any external boundary, to have access to
private lands, but not dwellings, for the
purpose of patrolling the border to prevent
the illegal entry of aliens into the United
States. "
Additional authority to board and search conveyances
is contained in section 235 of the act, which states:
"Immigration officers are hereby authorized and empowered
to board and search any vessel aircraft, railway car, or
other conveyance, or vehicle in which they believe aliens
are being brought into the United States.' "
Tactics and Procedures
Border Patrol officers assigned to this duty are the
primary interception force which is responsible for pre-
venting and/or detecting illegal entry and alien smuggling.
There is a wide spectrum of activities which are performed
as part of the line watch including the physical patrolling
- 79 -
of the border, surveillance at known crossing points, tower
watch, "sign cutting," observation by aircraft, and respond-
ing to sensor network alarms. This first line of defense
at the immediate border is the foundation and precondition
of successful enforcement. Since experience has shown that
interdiction is most efficiently and effectively performed
at the immediate border, the Border Patrol has always
allocated a majority of its manpower and resources to the
areas of the immediate border.
There are also several supplemental tactics which
are used to backup the line watch.
1. Traffic checks are aimed at the illegal
entrant who has successfully crossed the border
and is presumably enroute to an interior
destination. Both permanent and non-permanent
traffic checks have been employed; permanent
check points are used on major highways while
non-permanent are selectively placed on different
roads leading from and through the border area.
2. Farm and ranch checks are designed to
locate and apprehend those illegal entrants who
have penetrated the INS "first line of defense"
and successfully obtained jobs. This tactic
normally has a high apprehension rate since
- 80 -
illegal entrants are often found in groups at
their places of employment.
3. City patrol attempts to locate the
illegal entrant who has been able to reach one
of the metropolitan areas along the border.
It includes checking factories, businesses,
hotels, jails and other potential locations.
4. Transportation checks are targeted
against the successful entrant who is attempting
to flee the immediate border area by common
carrier. They include the questioning of suspected
aliens at bus stations and at train and aircraft
terminals. They also include checking freight
trains and freight yards.
5. Secondary patrol is the tactic employed
by the backup stations. It includes "sign cutting"
and highway and road patrol.
6. Boat patrol is conducted along the coastal
borders and on inland waterways.
The relative effectiveness of these tactics is demon-
strated in the large numbers of illegal entrants who are
apprehended at entry or shortly thereafter. Line watch is
the most productive and efficient since it results in the
interdiction of the largest number of illegal entrants
- 81 -
immediately at the border. It is also the least disruptive
or objectionable tactic from the community relations
point of view for citizens or resident aliens of Hispanic
background.
Once an illegal entrant has gained access to the
"interior" of the country, the job of detecting such a
person falls to the investigative arm of the Service. For
those persons who have not entered surreptitiously over the
borders, it is the investigator force who must locate an
overstaying visitor, a student not attending school or
working full-time, or any alien who has violated the
criminal provisions of the Immigration and Nationality Act.
Investigators are located mainly in major urban centers
with over half of the investigators located in our three
largest cities, Chicago, Los Angeles and New York. The
basic technique utilized is to follow specific leads either
on individual cases of suspected illegal aliens or informa-
tion on known congregating points of illegal aliens such as
certain work places.
Once an illegal alien is apprehended, the massive number
of immigration law violators apprehended by INS prevents the
application of the full force of the law, i.e., prosecution
in the courts or formal deportation within the INS adminis-
trative process. In FY 1974, there were 741, 369 violations
- 82 -
which could be entertained for prosecution; over 92
percent were closed by blanket or general waiver.
For this reason, a less complicated repa-
triation procedure is used. Immigration statutes and
implementing regulations provide for illegal aliens to
"voluntarily depart" for their country under certain
circumstances, and INS uses this procedure extensively
to expedite the removal of illegal aliens from the
country. "Repeat" or aggravated offenders and criminal
violators are held for prosecution and/or deportation
proceedings.
There are a number of factors about this system which
deserve comment. First of all, the inherent nature of the
situation places emphasis on the detection and prevention
of illegal entry. The efficiency with which the Service
can apprehend large numbers of illegal entrants in the
immediate border area contributes to the disproportionate
numbers of Mexican nationals that are reflected in the
annual apprehension statistics. It is also the major factor
that influences the current placement of resources. This
emphasis, for example, finds about 40% of the Service's total
resources being devoted to enforcement in our Southwest --
activities that are primarily preventive in nature. Over
1700 of the Border Patrol's 2000 officers are located in the
- 83 -
greater Southwest area. To some extent, then, this deploy-
ment defines the problem -- particularly in terms of the
numbers of illegal aliens that are located each year.
A second factor is the difficulty in apprehending
illegal aliens in interior locations such as our larger
metropolitan areas. The illegal alien, once in these
locations, tends to become an invisible person. All tactics
that are used to ferret out and apprehend such persoms must
be weighed in light of their impact upon individual liberties
of all persons of foreign descent as well as the disruptive
consequences they may have on the communities involved.
Even if an illegal alien is apprehended at areas away from
the border, detention is hindered by a lack of facilities
and by cost.
A third, and sometimes overriding factor, is the often
dilatory tactics that illegals employ in an effort to remain
in the country and gain equity once they have arrived. A
higher percentage of illegals located in interior locales
utilize the hearing process than those aliens along the
Mexican Border. With its present resources the Service
could not possibly conduct a hearing for every alien appre-
hended without seriously affecting its overall enforcement
posture.
- 84 -
Thus, with resources of 8,800 personnel and $210
million in FY 1976, the Service places its highest priority
on prevention activities. Despite this emphasis, a force
of some 1700 patrolmen in our Southern Border can mean only
slightly over 200 on any one shift. This results in one patrolman
for every 10 miles of the 2000 mile long border. Of almost 800,00
14
/
apprehensions
per year recently, over 700,000 were
Mexicans, the vast majority of whom were apprehended in the
immediate border area.
Court Decisions
Recently, the courts have taken a more active role in
areas affecting the operations of the Service.
In Almeida-Sanchez V. U.S., 413 U.S. 266, the Supreme
Court held that the warrantless search of an automobile at
a location other than the border or the functional equivalent
thereof, made without probable cause or consent following a
roving patrol stop, violated the Fourth Amendment of the
Constitution.
The Supreme Court, in United States V. Brignoni-Ponce,
No. 74-114 held that a roving patrol stop of a vehicle away
from the immediate border area, and the questioning of its
14/ An apprehension is an event for statistical purposes,
not a person. Thus 800,000 apprehensions probably involves
less than 800,000 individuals, as many illegal aliens are
apprehended more than once each year.
- 85 -
occupants merely because they appeared to be of Mexican
descent, violated the Fourth Amendment.
The Court explained that before any such stop could
be adjudged lawful, the officer must be aware of specific
15/
articulable facts supporting a reasonable suspicion that
there are illegal aliens in the vehicle. The Court added
that while Mexican appearance was relevant, standing alone,
it was not sufficient justification for the stop.
In United States V. Ortiz, No. 73-2050, the Supreme
Court ruled that a checkpoint search of a vehicle trunk,
away from the border, without probable cause or consent,
violated the Fourth Amendment.
In United States V. Martinez-Fuerte, No. 74-1560,
the Supreme Court held that the Border Patrol may routinely
stop vehicles at established checkpoints reasonably located
away from the border in absence of suspicion that particular
vehicle contains aliens. Vehicle searches, however, require
probable cause or consent.
In areas away from the border and its functional equi-
valents, a vehicle may be stopped by the patrol and the
occupants questioned briefly pursuant to a determination by
15 / In this sense, articulable facts refers to a combination
of circumstances that prompt an officer to stop and query an
individual. These circumstances must be clearly explained
and sufficient to convince a reasonable person that such a
check was justifiable.
- 86 -
the officer that there is a reasonable suspicion of illegal
aliens in the vehicle which can be supported by specific
articulable facts.
Whenever a vehicle is to be searched in any but a "border
search" situation, the officer must be prepared to articulate
a clear determination of probable cause, or the stated
consent of the driver or owner. This is applicable to both
checkpoint and roving patrol stops. To comply with the
decisions in these cases, the Service revamped some of its
Mexican border area highway operations; a case in point was
16/
the elimination of stopping cars by roving patrols.
In a related development, several district courts are
urging that the principle of articulate reasonable suspicion
be extended to pedestrian situations routinely encountered
in such enforcement functions as the stopping and questioning
of persons on the streets, in transportation terminals, in
other public places, and commercial establishments.
On July 29, 1975, a preliminary injunction was issued
against the Immigration and Naturalization Service in the
case of Illinois Migration Council V. Pilliod (case as yet
unreported.) Under the terms of the injunction the Service
16/ The checkpoint at San Clemente and several others were closed
for 15 months following an adverse decision of the Ninth Circuit
Court of Appeals. However, they were reopened when the Supreme
Court ruled in U.S. V. Martinez-Fuerte et al. that the routine
stopping of vehicles for brief questioning of occupants at reason-
ably located Border Patrol checkpoints is constitutional. It was
also held that such motorists may be selectively referred to
secondary areas for further limited inquiry. The Court reasoned
that " the public interest in making such stops outweighs the
constitutionally protected interest of the private citizen."
- 87 -
is barred, in the North District of Illinois, from stopping,
detaining, arresting or interrogating persons of Mexican
ancestry of Spanish surname in the absence of a warrant,
or reasonable suspicion that the person is an alien illegally
in the United States. At this time, INS has decided to limit
all area control operations throughout the country to working
specific leads and complaints.
The effect of these decisions has been to place even
greater emphasis on preventing entry in the first place.
Visa Screening
The issuance of visas was first instituted by a Department
of State instruction on April 17, 1917, and elaborated in a
joint order of the Departments of State and Labor on July 26,
1917. The visa requirement was made statutory by the Immigra-
tion Act of 1924 and by subsequent legislation, notably the
Immigration and Nationality Act of 1952.
Under the terms of the Act of 1924 a dual-check system
of determining the admissibility of aliens desiring to enter
the United States was made a part of the statutues. Consular
officers of the United States Foreign Service, responsible
to the Department of State, were charged with the responsibility
of issuing visas to alien applicants abroad who had proved
their admissibility under the immigration laws, while represent-
atives of the Bureau of Immigration, then a part of the Department
of Labor, were required to verify the aliens' admissibility upon
their arrival at a port of entry of the United States.
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The consular officer's authority under the law to issue
a visa is not reviewable, and is unlike that of the
immigration inspector whose judgment regarding inadmissibility
must be supported by a finding of excludability on the part
of an immigration judge. The discretion of a consular officer
places him in a unique and somewhat invidious position for
preventing mala fide visa applicants from coming to this
country.
In recent years successive Presidents have stressed the
importance of facilitating international travel. The pro-
cedures for the issuance of visas to persons wishing to visit
the United States have been made as simple as possible and
every effort is made to expedite the necessary action.
During the last ten years, the issuance of such visas
has gone from under 1 million to over 3 million -- an increase
exceeding 200 percent. However, the number of officers
issuing visas -- both immigrant and nonimmigrant -- has
decreased slightly during this same period. At the present
time, there are about 360 full-time Foreign Service officers
supported by 1000 indigenous personnel (i.e. Foreign Service
locals) handling visa work. All in all, the cost of maintain-
ing this function came to $35.6 million in FY 1975.
- 89 -
C.
INTERAGENCY COOPERATION
One of the mandates of the Domestic Council Committee
is to assess the cooperative relationships among various
agencies having responsibility for some aspect of illegal
immigration. The implication of such an approach is that
more can be done without: (1) new legal authorities, or
(2) significant increases in resources. The most recent
precedent for this approach has its basis in legislation
passed in 1972 which required cooperation between the
Social Security Administration and the Immigration and
Naturalization Service. One can properly regard this
arrangement as an example of what is involved in such
undertakings. The experience must be viewed from the
standpoint of what structural deficiencies and competing
considerations have been manifested, and how these
difficulties should be overcome in any future proposals.
1972 Social Security Amendments
Since the overriding incentive for illegal aliens to
enter or remain in the United States is the desire to work,
and since employment opportunities for the vast majority
of workers is limited to those who possess social security
numbers, in the past much debate centered on improvements
in social security card issuance. Historically, the INS
had sought to preclude access to a social security number
by illegals, while the Social Security Administration (SSA)
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had resisted becoming part of a control system over aliens.
The SSA's traditional view has been that citizenship
is not an issue in determining eligibility for SS benefits.
Rather, the purpose of SS legislation is to insure that with
certain specified exceptions, all remunerative work is
covered by the appropriate provisions of law. Further,
since there is no specific exclusion in the law for aliens
working illegally, they are considered to be covered. The
possession of a social security number in no way conveys
an authority for a person to work, yet in fact, the social
security card serves as a work permit.
Prior to the amendment of the Social Security Act in 1972,
applicants for a SS number could obtain one on the spot in
SS district offices. The foregoing was well known by illegal
aliens and it would probably be accurate to guess that the
great majority of illegals today have valid SS cards despite
recent changes in the application procedure.
The 1972 Social Security Act Amendments required the
Secretary of HEW to "take affirmative measures to assure
that social security account numbers will, to the maximum
extent practicable, be assigned to all members of appropriate
groups or categories of individuals." As originally
envisioned, this provision was intended to exclude aliens
who were prohibited to work from receiving a social security
account number. However, many institutions, both within
the government and outside it, now use the social security
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account number as an identifying mechanism. The SSA has
been somewhat helpless in trying to stop or reverse this
process. In the arrangements worked out between INS and
SSA to implement the provisions of the 1972 amendments,
the procedures called for persons applying for a card, who
had foreign birth, to prove their status with regard to the
immigration and nationality laws. If they needed a card but
were not authorized to work, their account number was
annotated to that effect. If earnings were reported to
the account, SSA referred the information to INS.
During the initial months of the new SSA application
procedure, an average of 500 applications a day were referred
to INS for checking; in all, a total of about 40,000 applica-
tions were referred in the period March 1974 to February
1975. Following the implementation of the Privacy Act of
17/
1974 , these referrals fell off sharply; today they
average about 10 - 20 a week. At present, whenever an
applicant is hesitant or reluctant to provide proof of
citizenship or legal alien status he is informed that the
information could be referred to INS for an illegal alien
check. If the individual withdraws the application, all
17 / The Privacy Act does not cover "illegal aliens, so there
are no restrictions regarding exchange of information between
various agencies concerning such individuals. However, the
SSA does not know whether they are dealing with a legal
resident or not. Since the Privacy Act covers legal resident
aliens, the SSA is carefully revising its regulations to
cover exchanges of information with INS.
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data already submitted by the alien are returned and no
referral is made to the INS. Only after complying with
the provisions of the Privacy Act and the individual's
expressed desire to pursue the application are doubtful
cases referred to INS and even then the SSA will wait just
one week before processing the application.
Following the March 1974 implementation of regulations
and before the Privacy Act became effective, the data on
all SS applications abandoned following a request for
proof of status was routinely passed to INS. There were
some 39,000 applications abandoned under these conditions
in the period March 1974 to February 1975. The SSA control
system cannot detect the use of someone else's valid SS
number by an illegal alien or anyone else for that matter.
SSA records are essentially confidential pursuant to the
Privacy Act. While illegal aliens are not covered by the
Privacy Act, a prudent bureaucrat would be careful not to
make a mistake involving a U.S. citizen or a legal alien
resident. Concern over the requirements of this legislation
has essentially brought the cooperative effort to a standstill.
While SSA continues to screen applicants and does annotate
accounts, very little information is being sent to the INS.
The one salutary aspect of this program may be in the area
of abandoned applications which are thought to be indicative
of deterred ineligible aliens. However, this may not be true
in light of the fact that a number of abandoned applications
- 93 -
turned out to be those of resident legal aliens or citizens
as a subsequent check with INS revealed. It was this develop-
ment which prompted the SSA to stop making referrals to INS,
unless the person's permission was received to pursue the
application in such a manner.
During the period of March 1974 to February 1975, the
SSA issued 23,000 cards for which the account was annotated
"work prohibited". One thousand five hundred cases of
reported earnings were referred to INS for that period.
This program has had an uneven history. The following
problems exist in the current procedures:
1.
Those persons under 18 claiming native birth
are not required to show any documentation.
The SSA did conduct a study to validate this
experiment.
2.
For those over 18 who claim citizenship, a
check with INS that only allows seven days for
turn-around before issuance of a card is not
realistic given the volume of work involved in
such processing.
3.
The application form for an SS number only
requires a date and place of birth -- it does
not require a statement of citizenship or alien
status. As the system works now, there is an
inherent bias which favors the false claimant.
Although the card carries a warning regarding
those who willfully furnish false information,
the SSA does not prosecute illegal aliens offering
false information to obtain a number. They are
prepared to prosecute those who intend to defraud
the system of benefits; however, they doubt that
U.S. Attorneys would be willing to prosecute just
fraudulent applicants.
4.
There is a minimum time delay of six months before
earnings to an annotated account will be reported
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to INS. The INS places these investigations
in a low priority due to the time delay involved.
Until such time as new regulations are written and
promulgated by SSA, the impact of this cooperative effort
will be minimal. However, the following possibilities
should be considered to improve the quality and usefulness
of information exchange:
1.
The SSA has collected its information on abandoned
applications centrally. The SSA should conduct a
study of this information. One area to analyze
is the particular districts which have the largest
number of abandoned applications as compared with
those areas that are perceived to be the locales
of large numbers of illegal aliens.
2.
INS must give greater attention to working leads
on annotated accounts with reported earnings. Once
a test of these leads' workability has been completed,
a judgment can be made about their worthiness for
future efforts.
3.
INS could supply information to SSA on prospective
overstays, and SSA would compare this data with
its data on annotated accounts with reported
earnings.
4.
The SSA could, within its own system, compare data
on employers with reporting problems with its data
on annotated accounts with reported earnings, and
make referrals to INS.
5.
INS could refer to SSA the names of employers who
are thought to be hiring illegal aliens. SSA, in
turn, could compare this information with either
its data on annotated accounts with reported
earnings or its data on employers with reporting
problems.
All of these possibilities would have to be tested.
Their success would depend upon the relative costs involved
in carrying on such efforts on a large scale. However, they
offer the possibility for improved information exchange in
the context of these agencies' current capabilities.
- 95 -
The experience with the SSA/INS cooperative efforts
is instructive in a number of respects. First and foremost,
future policymakers should be extremely wary of drawing
agencies whose central purpose is not enforcement into
arrangements which require them to act in ways contrary
to their historical nature. The SSA has always seen itself
as a service agency, and thus has been slow to adjust to
the requirements inherent in the amendments of 1972.
Secondly, when such arrangements are undertaken, proper
consideration must be given to the funding implications
involved. This is not always a case of additional personnel.
Thirdly, the success of these efforts can turn on nothing
more than how such agencies collect and organize information.
If there is not sufficient compatability and management
attention to information gaps and procedural difficulties,
such arrangements are probably doomed to failure. And
finally, all these factors would indicate that it is far
more desirable to foster cooperative relationships between
agencies whose operations are essentially enforcement or
compliance in nature, and thus share a common interest in
related problems. In this sense, the operations and
legislative mandate of the Bureau of Security and Consular
Affairs, the Internal Revenue Service, and the Wage and
Hour Enforcement Division, are more akin to such endeavors.
- 96 -
Department of State
Responsibility for bringing persons into this country
either as immigrants or nonimmigrants is shared between the
Immigration and Naturalization Service and the Department
of State.
A crucial element in improving our ability to cope
with illegal migration rests with efforts that deal with
the problem at the source. Prevention at this stage is not
only cost effective, but in many ways, the most humane
approach. Little coordinated study has been made of the
characteristics of nonimmigrant applicant motivations and goals
or of whether our procedures contribute to fraud. Insuffi-
cient effort has been made to inform host governments of
the extent and nature of the illegal entry problem. There
has been little exploration of systems for dealing efficiently
with large numbers of persons. There has been little
recognition of the contradiction between effective informa-
tion programs about the United States and curbing illegal
immigration. In the absence of such systematic guidance,
consuls engaged in visa activities have developed their own
methods of coping with local pressures and making accurate
judgments. Such methods are not sufficient.
Despite all the time pressures involved in such work,
the rise in workloads, the attendant resource situation, and
the sometimes sensitive nature of this work, the real source
of difficulty in improving the overall effectiveness of the
- 97
visa issuing function lies with the priority assigned to
these activities within the Department of State. In fact,
certain management considerations may work in a contrary
manner. For example, since there are subsequent time con-
suming procedural activities to be accomplished in the
event of a visa refusal, at busy posts there is a built in
bias to find in favor of the applicant as often as specific
case circumstances makes possible. And if this is coupled
with management's not giving due consideration to the extra
effort involved in denials when assigning staffing levels for
high fraud posts, there may be a reluctance at such posts
18/
to increase denial rates to more realistic levels.
There is increasing evidence that illegal immigration
and its causes will be a major consideration in our relations
with a number of developing nations for the foreseeable
future. New policy guidelines on immigration-related matters
as well as specific action proposals to foster new objectives
aimed at relieving the causes and incidence of illegal
immigration are needed. Visa issuance and fraud in certain
countries must be given higher priority within the Department
18/ Since it is specifically intended to be an instrument
governing and controlling the movement of aliens into the
United States, the Immigration and Nationality Act assigns
responsibility for visa issuance to "a consular officer."
However, management considerations have also resulted in the
diminution of individual visa officer responsibility. To
speed up and simplify the visa issuing process many posts,
including those in Mexico, now issue visitor visas which
often carry the facsimile signature of someone other than
the responsible visa officer.
- 98 -
of State SO that only for the most compelling political con-
siderations should action against visa fraud not be vigorously
pressed or made a country priority. Country-by-country visa
abuse experience must be considered in developing new guide-
lines. The following are specific recommendations which can
be taken to ameliorate the problem of illegal immigration.
Some of them require giving higher attention and priority to
relationships and programs which already exist. In some other
instances, they involve making current initiatives more com-
prehensive in nature. And finally, there are some new approaches
of a pilot nature.
1. Policy
a. The President should issue instructions to ambassadors
of major sending countries to accord the highest priority to visa
issuance functions and to reaffirm and emphasize that Chiefs of
Consular Sections utilize the widest latitude and discretion in
their areas of responsibility. These instructions should point
out that visa issuance and refusal are delegated by law solely
to the consular officer.
b. High fraud posts must be given high management attention
with respect to personnel and budgetary priorities to, inter alia,
permit the use of foreign service officers in the initial screen-
ing of applicants.
C. Prospective students' financial capability for the
duration of the course of study, applicability of the training
to future employment possibilities in the native land, and
general skills at the time of application should be given care-
ful consideration in the issuance of student visas.
- 99 -
2. Operations
a. All high fraud posts as well as potential problem
consulates must have access to a centralized computer
19/
capability.
b. In identifying developing trends and potential
problem areas, the Visa Office should have the benefit of
a management information system. Such a system would,
inter alia, monitor use of multiple entry visas at high
fraud posts, a practice which may not be justified.
C. Referrals are the means by which the Ambassador
or one of his subordinates requests a consular officer to
accord "special consideration" to certain visa applicants.
With regard to referrals, each post should be required to
keep a careful system of documentation describing the nature
of the recommendation, its importance and its status if a
visa is granted on such a basis. To the maximum extent
practicable, all persons receiving a visa on such a basis
should be required to appear before a consular officer
upon the return to the country placing responsibility upon
the individual Consulate to prove that the procedure does not
compromise the visa issuance process.
d. All high fraud posts should have investigative
staffs to bolster the screening and interviewing process.
19/ This capability would enable posts to check applicants
against various "lookout" lists. In addition, the Depart-
ment of State keeps information for two years on all
applicants who are denied a visa.
- 100 -
3. Department of Justice/Department of State Cooperation
a. To create a more formalized communications process
between the two agencies involved in controlling the entry
of aliens, the Bureau of Security and Consular Affairs and
the Immigration and Naturalization Service should hold
regularly scheduled meetings, perhaps as often as once a
month. Meetings should not be confined to central office
personnel alone, but should be extended to the field for
personnel involved in fraud control and matters of mutual
interest.
b. The Immigration and Naturalization Service and the
Bureau of Security and Consular Affairs should work more
closely in the development of fraud profiles for illegal
alien sending countries.
C. Fraud information should increasingly be stressed
in the immigrant as well as nonimmigrant areas. Problems
in nonimmigrant visa issuance become apparent in the practices
and circumstances of applicants for immigrant status.
d. INS and State should seek more systematic use of
information on all persons denied admission as well as all
visa abusers who are apprehended.
e. Visa issuing officers should make use of notations
and other information on the visa as a means of aiding
immigration inspectors in their determination about an
- 101 -
applicant's intentions as well as whether the individual
presenting himself for admission is the valid holder of
the documentation presented.
4. Actions Within Countries
a. Each embassy with visa fraud problems should enlist
the host country's political cooperation. This might
include:
-- Development projects aimed at areas that have
been identified as areas of out-migration.
-- Actions taken within the government to dis-
courage the abuse of documents and represen-
tation.
-- Host country cooperation in improving the
overall quality of documentation.
-- Licensing of travel agents and others who
traffic in fraudulent documents.
-- Vigorous prosecution of fraud cases involving
the assigning of indigenous personnel to such
cases.
b. The U. S. Information Service should sensitize the
indigenous populace to the problems of illegal immigration
and the unscrupulous persons who visit hardship on their
victims. Specifically, an organized campaign should be
developed to:
- 102 -
-- Inform the press of widespread abuses of
persons who seek middlemen in an effort to
obtain a visa.
- Encourage academics to conduct research on
the causes of migration within the country
and out of it.
C. The Immigration and Naturalization Service with
the State Department should take steps to establish closer
liaison with the immigration authorities of other countries
to gain better use of departure control systems including
exchange of information to detect fraudulent documents or
imposters.
Internal Revenue Service
Other cooperative efforts are already underway. The
Internal Revenue Service is presently conducting two programs
in the illegal alien area. One program is aimed at appre-
hended illegal aliens and the other is aimed at the employers
of illegal aliens.
1. Apprehended Illegal Aliens 90 Day Test
The test program which ran from March 4, 1974 to June 7,
1974, was conducted in San Diego, Dallas, Chicago, and New
York City, in conjunction with INS.
This test provided that for 90 days, one Revenue Officer
or one Revenue Representative in each of the participating
districts would spend an entire workday at the local INS
- 103 -
detention facility where apprehended illegal aliens are
processed to determine potential tax liability. The results
were:
Total No. of Aliens Interviewed
1,699
Total No. of Returns Secured
1,090
Total Amount of Tax Assessed
$247,696
Total Amount of Tax Collected
$168,469
Since this test indicated a high frequency of noncompliance
among apprehended illegal aliens, though of relatively modest
amounts (about $140) on the average, an on-going program was
developed. The new program, with basically the same guidelines
as the test, was implemented on April 12, 1976, in the 15 cities
where INS processes the highest volume of illegal aliens. They
are:
Chicago, Illinois;
Chula Vista, California;
Dallas, Texas;
Denver, Colorado;
El Centro, California;
El Paso, Texas;
Miami, Florida;
Newark, New Jersey;
New Orleans, Louisiana;
New York, New York;
San Antonio, Texas;
Seattle, Washington;
- 104 -
Swanton, Vermont;
Washington, D. C.; and
San Francisco, California.
2.
Employers of Illegal Aliens
Another test began on October 30, 1975 and will be
completed by June 30, 1976. It is being conducted in seven
areas: Baltimore, Chicago, Los Angeles, Dallas, Manhattan,
Cleveland, and Jacksonville.
With the joint cooperation of IRS, Immigration and
Naturalization Service (INS) and the Social Security Adminis-
tration (SSA), it involves securing the payment of withholding
taxes by employers of illegal aliens.
Where a common employer is shown for a specified number
of employees (five in some districts, two in others) in INS
apprehension records, the records will be forwarded to the
participating IRS district office. IRS will determine whether
the employer has filed Form 941, employer's quarterly report.
If no return has been filed, a revenue officer calls on the
employer to ensure that all federal tax obligations have
been and are being met by the employer. If a return has been
filed, a "request for social security earnings information"
will be forwarded to SSA and one of the following procedures
will be completed:
a. If the alien's wages were properly recorded,
the case will be closed.
- 105 -
b. If the wages were not reported, the case will
be referred to the Audit Division for possible field con-
tact by an agent for eventual audit if warranted. If the
wages were under-reported and/or a possibility of fraud
exists, the case will be forwarded to the Intelligence
Division for possible field contact by a special agent.
Statistics for this test have not been compiled at this
time. However, should the statistics for the test prove to
be encouraging, consideration would be given to continuing
this program on an expanded basis.
Department of Labor
Since the passage of the Fair Labor Standards Act in
1938, the Department of Labor has been quite successful in
developing a relatively high level of compliance in the area
of wage and hour enforcement. In fact, it represents one of
the government's most successful regulation attempts. However,
a rather serious problem of backlogs has developed in the last
two years for a number of the laws that are administered by
the Wage and Hour Division partially due to the passage of
a number of new pieces of legislation. since 1960, which
extend the Department of Labor's responsibilities. This has
been coupled with a stable budgetary situation yielding only
minimal increases in compliance investigators for wage and
hour enforcement over the past fifteen years or SO. However,
- 106 -
wage and hour enforcement is a primary area for increased
enforcement.
1. The Farm Labor Contract Registration Act, as
amended December, 1974, contains a provision pro-
hibiting the knowing employment of illegal aliens.
A similar provision should be incorporated into all
other important labor standards' and labor relations'
laws, and should be accompanied with commensurate
increases in resources for enforcing such provisions.
2. The INS and Wage and Hour Enforcement Division
of the Department of Labor jointly should sponsor
a pilot project in a large metropolitan area where
there is evidence that substantial numbers of illegal
aliens reside. The greater New York City area is
an example since there are currently less than 50
compliance investigators working there. It would
involve:
-- Increased and more systematic exchange
of information.
-- Mutual targeting of employment establishments.
--- Priority assignment of personnel in areas
which may be of mutual benefit.
- 107 -
Internal Actions: INS
In addition to more effective coordination with the
above agencies, INS can take steps internally to more
optimally allocate its resources and improve its ability
to cope with illegal immigration. Although the Service
has sought additional resources, it has also recognized
the need to improve current methods of operation. Conse-
quently, a number of evaluations and consultant studies
have been undertaken.
INS is often buffeted between competing pressures.
This competition is markedly shown in the inspection for
admission process. At ports of entry, emphasis is frequently
placed on speedy facilitation of entry to the detriment of
careful screening of applicants. Screening for fraud can
be a laborious process and tends to mitigate against facili-
tation. However, to some extent, this can be overcome by
careful staffing, training and motivation of personnel.
The Service should not maximize its presence at all ports
of entry, but instead assign its personnel to critical
and heavily used points in a manner which deploys them at
peak traffic times.
Currently about 91 percent of all inspections are
performed at land border ports and about 65 percent of these
are along the Southwest border. Illegal entry is detected
through ports along the Southern border eight times as often
- 108 -
as at ports along the Northern border. In FY 1974, for
every workyear devoted to primary inspection 207 aliens
were denied entry on the Northern border and 1,839 aliens
were denied entry on the Southwest border. However, only
23 percent of the inspections workforce is stationed along
the Southwest border, while 37 percent of all the inspections
20/
workforce is on the Northern border.
Along the border, the Service is also investigating
the efficacy of using certain border patrol staffing patterns
that involve flooding areas at peak times in an effort to
maximize apprehensions. This effort should be coupled with
continuing experiments for improving the configuration and
placement of sensor systems.
Finally, some joint ADP and Telecommunication develop-
ment and sharing between INS, the U. S. Customs Service and
the Drug Enforcement Administration has a wide range of
potential benefits. Some INS and Customs personnel at field
offices around the country are frequently co-located; the
use of remote ADP terminals and the development of a common
communication network could result in significant cost
savings. For example, it appears feasible that INS' Alien
Documentation, Identification and Telecommunication system
could use the existing Customs Service's ADP and communi-
cation network.
20/ There are 147 land ports on the U.S.-Canadian border
and 40 on the U.S.-Mexican border.
- 109 -
Therefore, it is recommended that INS:
1. Develop expanded and ongoing training of supervisory
and journeyman personnel. This is particularly important
for an agency which is undergoing so much change. There
will be considerable turnover within INS over the next
two years. Added to the large numbers of new personnel
received in recent budgets are the impending retirements
brought about by the Law Enforcement Officers Retirement
Act.
2. Continue to place emphasis on evaluation techniques,
process studies and simulation models that offer the
prospect of improving the current deployment of resources.
In striving to achieve this goal, INS should take full
advantage of the wide range of technical services that
are available within the federal government.
3. Investigate the feasibility of applying alternative
enforcement techniques. This could include but would
not be confined to: expansion of preclearance inspection
operations abroad, development of specialized investi-
gative units to combat smuggling, and expanded use of
investigations at overseas posts.
- 110 -
D.
DISINCENTIVES
While further interagency efforts are quite necessary
and hold promise for improving overall immigration enforce-
ment, such initiatives must be augmented by legislative
improvements which seek to diminish the strength of the
pull factors drawing people to enter and remain illegally
in the U. S. Stronger checks, referred to as disincentives
are intended to (1) create additional impediments for those
persons who are contemplating illegal entry or who intend
to violate their status while in the United States; (2) deny
various benefits to persons who clearly act in circumvention
of the law; and (3) attempt to lessen the effect of the
immigration law where it currently works in a manner contrary
to its stated purposes. As current conditions exist, there
are many persons who use their very illegality to gain
immigration status and preference under the system. This is
unfair and tends to undermine the whole immigration system.
It is unrealistic to hope that we can be completely
successful in preventing an alien from entering the United
States illegally, or remaining in violation of law if he
succeeds in entering lawfully. However, the problem can be
mitigated by reducing the incentives for illegal immigration.
Those incentives are essentially economic.
- 111 -
If potential immigration law violators cannot find
employment, they may be discouraged from ever attempting
to come in the first place. Moreover, if the illegal
alien cannot use dilatory tactics to build up equities
under immigration law, there will also be less incentive
to remain. Finally, if various social benefits are
unavailable, there will be almost no opportunity to pro-
long stay in the United States. But a fair and balanced
system of enforcement and penalties must also deprive
employers of the advantages gained by employing illegal
aliens. Therefore, it is recommended that a disincentive
program involving a range of approaches be adopted.
1. Sanctions on Employers
The preponderance of available information suggests
that the major cause underlying illegal migration is the
aliens search for employment and economic opportunity. The
vast majority of aliens in illegal status who are appre-
hended by the INS are either working, seeking work or have
been employed at one time or another. In addition, domestic
employers' willingness to hire illegal aliens, in some cases
actively recruit them, is undoubtedly a significant part of
the economic forces which exacerbate the flow of illegal
aliens. Those agencies concerned with administering
- 112 -
and regulating the flow of aliens into the country are con-
vinced that only when we begin to cope with the economic
magnet that draws individuals here will we be in a position
to have some control of illegal immigration. This over-
riding consideration prompted Congress to introduce legisla-
tion which would impose sanctions upon employers of illegal
aliens. This legislation, commonly known as the "Rodino"
bill, has passed in the House on two occasions, but has never
been acted upon by the Senate. The proposed penalties are
conditioned upon the employer "knowingly" hiring the illegal
alien. 21/ This type of legislation is perceived to have a
number of beneficial aspects. It sanctions employers who
currently bear no responsibility for hiring of individuals
illegally in the country, thus eliminating a discriminatory
and contradictory feature of the current law, namely, it is
illegal for an unauthorized alien to accept employment but it
is not illegal for an employer to hire such a person. Further-
more, such sanctions would achieve a high level of voluntary
compliance simply by being legislated as federal policy.
As this legislation has languished in two different
Congresses because of Senate inaction, this type of approach
has become more and more controversial. Initially there was a
wide range of opinion about whether civil penalties would be
sufficient or if the stronger criminal penalties would be
21/ Such a provision does apply in the hiring of farm contract
labor. See p. 106.
- 113 -
required. The INS and the Department of Justice opposed the
"civil penalties" only approach on the grounds that they
would not be a sufficient deterrent alone. In addition,
the great administrative and financial burden of collecting
penalties would not be sufficiently offset by civil legis-
lation.
The current legislation in the House (H.R. 8713) con-
tains a compromise. This compromise suggests a civil and
criminal penalty combination similar in nature to other
Federal provisions such as the Occupational Safety and
Health Act of 1970 (29 U.S.C. 666), the Federal Aviation
Act (49 U.S.C. 1471) and the Federal Coal Mine Health and
Safety Act of 1969 (30 U.S.C. 819(a)). The latter, for
example, provides for an initial civil penalty to be assessed
by the Secretary of HEW for the violation of mandatory health
and safety standards. In addition, this act requires a hearing,
provides for the compromise of the amount of the penalty and
permits suit for the enforcement in U.S. district court.
More specifically, criminal penalties are provided in the
event of willful violation. The result is a three step
plan -- citation, civil penalty and then a criminal penalty
-- for violation of the law.
The Senate Subcommittee on Immigration and Naturalization
has, for the first time since the enactment of the Immigration
Act of 1965, commenced hearings on widespread immigration reform.
- 114 -
On March 4, 1976, Senator James O. Eastland, Chairman
of both the Senate Judiciary Committee and the Subcommittee
on Immigration and Naturalization introduced S. 3074, a
comprehensive bill dealing with the problem of the illegal
alien. With regard to sanctions against employers,
Mr. Eastland proposes direct civil penalties -- up to
$500 for the first offense and up to $1,000 for each sub-
sequent offense. Again, the proposal is conditioned upon
the employer "knowingly" hiring the illegal alien. The
imposition of sanctions against employers is most contro-
versial even though the Rodino measures have passed the
House overwhelmingly in both the 92d and 93d Congresses.
The formidable opposition which has mounted in the 94th
Congress has stalled action by the Rules Committee. The
opposition comes principally from employer groups such as
the American Farm Bureau Federation, which feel employers
are to be compelled to become enforcement "agents" of
federal law; from minority groups, principally Hispanic,
who feel their members will be discriminated against in
employment practices and religious groups including the
United States Catholic Conference which also cannot accept
sanctions without protection against discrimination and
without a meaningful amnesty provision to protect the
aliens and their families from mass exodus or deportation.
- 115 -
Many others are concerned, about the difficulties inherent
in enforcing this type of law, and feel it may be unwise
from a policy standpoint accordingly.
However, the most thorny issue seems to be the per-
ceived problem of discrimination in hiring practices that
such legislation may bring about. One means by which
discrimination in hiring practices could be avoided is the
use of some type of identification card which would be
required of every applicant for employment. Such a
suggestion has seriously raised further opposition. Opposition
to this scheme runs the gamut from civil libertarians to
organized labor. However, in response to this concern,
the House has included in the "Rodino" bill a provision
that authorizes the Attorney General to bring civil actions
when he has reasonable cause to believe that an employer
has engaged in employment discrimination based on national
origin.
Although this Committee is sensitive to the controversial
aspects of the various pieces of proposed legislation, it
remains convinced that some control over this problem must
begin with one of its causes -- employer willingness to
hire illegal aliens. A great deal of emotion has attended
the debate on this subject. And yet, a precedent for this
type of approach was established with the enactment into law
- 116 -
of a provision in the Farm Labor Contract Registration
Act prohibiting "knowing" employment of illegal aliens. The
Committee finds no compelling reasons for why one sector
of the economy should be singled out for such legislation.
As the foregoing discussion of the various instruments
proposed for implementing such an approach indicate, there
are strengths and weaknesses to each; the Committee recog-
nizing this has chosen to avoid recommending the specific
means by which such legislation should be carried out.
However, it does recommend that appropriate means be
developed to:
1. Penalize employers of illegal aliens.
2. Prohibit use of U.S. Government funds
for employment and training of aliens
who are not authorized to work.
3. Disallow for federal income tax purposes
any business deduction for wages paid
to an illegal alien.
2. Combating Dilatory Tactics
The longer the illegal alien is able to remain in the
United States, the greater is his reward. For this reason,
it has been said by immigration lawyers, "the name of the
game is time." The alien of course needs time to work so
he can earn a sufficient amount of money to employ a lawyer
- 117 -
or travel agent to help him become a lawful permanent
resident alien so he will not become a public charge, and
to support his family abroad until he is able to bring them
to the United States. He may also need time to obtain a
job that would qualify him for a labor certification, to
marry a lawful resident alien or United States citizen or
divorce his spouse abroad and remarry, or to become the
parent of a United States citizen child so that he will be
exempt from the labor certification requirement. Also the
passage of time may enable the illegal alien to acquire
equities so that he may become eligible for adjustment of
status or regularization of his status through registry or
suspension of deportation.
Because time is such a valuable ingredient, it puts a
premium on delays, adjournments, dilatory tactics and other
techniques of evasion, including frivolous appeals. The
following recommendations will lessen the possibilities of
waiting out the system:
1. Amend suspension of deportation provisions
to preclude consideration of physical
presence acquired in the United States
subsequent to initiation of explusion
proceedings.
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2. Change the law to provide that the priority
date for the issuance of a visa number will
regress, or that the waiting time for a visa
application will be extended, in proportion
to the time spent in the United States
subsequent to the institution of deportation
proceedings.
3. Discontinue the statutory provision that
automatically grants a stay of deportation
upon the filing in a Circuit Court of Appeals
of a petition to review a deportation order.
3.
Sanctions on Illegal Aliens
More can be done to discourage individuals from pro-
fiting by violating the law, or manipulating the law to
gain experience that may entitle them to preference under
it.
1. Make violations of status or unauthorized employ-
ment grounds for barring persons from adjustment
of status within the United States. *
2. Require certain students to return to their native
lands for a period of at least two years before
they can become eligible for immigration to the
United States.
*P.L. 94-571, signed October 20, 1976, contains a provision
which bars adjustment of status for an alien (other than an
immediate relative) who continues in or accepts unauthorized
employment.
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3. Narrow the categories of aliens who may be
classified as a nonimmigrant student.
4. Disallow, for purposes of labor certification
and occupational visa preference, work experience
gained by an alien while illegally in the United
States.
5. Require a labor certification for the parents
of a United States citizen child under 21 in
the Western Hemisphere.*
6. Eliminate marriage after the institution of
deportation proceedings as a reason for adjust-
ing status from that of an alien to permanent
resident.
7. Forbid the return to the United States of
a deported alien unless he has reimbursed the
United States for the estimated expense of his
deportation.
4. Denying Social Benefits
A comprehensive approach to the problem also requires
that illegal aliens be denied the means to remain in the
country. However, measures in this area should not be so
harsh that emergency medicare treatment or the like would
be precluded.
* P.L. 94-571, signed October 20, 1976, provides for such a
requirement.
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1. Define "public charge" to include aliens
receiving public assistance whether or not
there is a requirement to reimburse the
governmental agency that furnished the
assistance.
2. Deny federal benefit programs to illegal
aliens such as is currently provided for
in the case of food stamps.
5. Enhancing Enforcement
Enforcement of the law can be enhanced by providing
greater authorities or making greater use of already available
mechanisms similar to that of other federal agencies.
1. Authorize summary seizure and forfeiture of
vessels, vehicles, and aircraft used for
smuggling aliens.
2. Include in the criminal penalty imposed
for counterfeiting the following: border
crossing and alien registration cards and
other documents used for entry into or as
evidence of stay in the United States.
3. Require visitors and students to post
departure bonds with American Consuls.
Most of these items would not have a major budgetary
impact, since they, in large part, only seek to create
additional impediments to those who are violating their
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immigration status. The major exception is, of course, any
provision which would penalize employers of illegal aliens.
The budgetary impact for such a provision is a matter of record
in congressional testimony. It may be more appropriate to deal
with some disincentive concepts by regulation or executive
order, rather than by seeking legislation. On the other hand,
it may be desirable to bolster the food stamp prohibition,
which is currently governed by regulation, with the force of
law. Moreover, various federal benefit programs should be
studied and clarified in the overall context of aliens' rights.
Whatever the means, there is a clear need for introducing
greater rationality into the immigration laws which often
work at cross purposes, or in ways never envisioned.
6. Changes Having An Indirect Impact
Any major revision of our immigration and naturalization
laws must include consideration of the extent to which these
laws no longer reflect contemporary standards and thinking.
As current conditions exist, immigration investigators may spend
considerable time investigating allegations involving the use
of marijuana or moral turpitude for an applicant for naturaliza-
tion. These efforts are counterproductive and detract from
more important enforcement tasks. Thus, consideration must also
be given to those changes which would streamline the immigration
process of its anachronistic provisions and thereby free manpower
and resources. Some examples would be: the elimination of mandatory
excludability and deportability for possession of small amounts of
- 122 -
marijuana, a statute of limitations in deportation, and
the restriction of the Attorney General's authority to waive
inadmissibility because of technical defects in immigrant
visas.
E.
CONCLUSIONS AND RECOMMENDATIONS
Immigration law enforcement today is directed almost
totally at the problem of illegal immigration. The agencies
with primary responsibility for enforcing the law, the
Immigration and Naturalization Service and the Department of
State, have a long history of involvement with the problems
of the United States - Mexico border and illegal immigration
in that context. The newer illegal migration from other
nations requires different tactics and methods.
Our enforcement efforts are not sufficiently effective
to undermine the push-pull forces which create and sustain
illegal immigration. Significant improvements must be
made in several areas.
RECOMMENDATIONS
1. Prevention of entry should remain the foremost enforcement
goal of both the INS and the Department of State from
a cost, a legal, and a community impact point of view.
To achieve an acceptable level of prevention will
require additional resources for both agencies, and
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improved management techniques (see pages 98-102
and 107-109), and higher priority for the visa
function with the Department of State.
2. Several federal agencies share varying degrees
of responsibility in illegal alien enforcement.
Enforcement efforts would be significantly
strengthened by continuing and expanding the
cooperative interagency efforts underway.
Specific, detailed recommendations are discussed
above in pages 93-106.
3. Additional resources and improved coordination must
be augmented with substantial legislative action
in five important areas: sanctions on employers,
combating dilatory tactics, sanctions on illegal
aliens, denying social benefits and enhancing
enforcement. Discussed on pages 111-120, these
changes would rationalize the current penalty
structure directed at illegal entry to reflect
a goal of slowing the flow of illegal aliens.
4. In the longer run the Immigration and Nationality
Act should be fundamentally reviewed in order to
examine the extent to which the current law and
its enforcement meets policies and values of the
society in which it exists today.
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CHAPTER IV -- THE ILLEGAL ALIEN: A SOFT PORTRAIT
Law enforcement is the first line of domestic response
to illegal immigration. However, sizeable illegal immigration
raises additional questions for the society which merit con-
sideration. To postulate the implications of a significant
illegal population in our society requires information derived
from research.
Current studies of the illegal alien can be compared to
a series of preliminary sketches. Each is drawn from a
different perspective on the subject and none can stand by
itself as a valid representation of the whole.
The intent of this chapter is to examine existing data
from many sources in an effort to develop the foundations for
assessing their effects on our society. In this way we can
determine which of the elements are missing, incomplete,
misplaced or of questionable value.
A. DATA DEFICIENCIES
The task forces concerned with assessing the domestic
impact of illegal aliens reviewed a wide range of information
which has been developed about the impact of the illega Much
of this information is based on opinion rather than hard data.
Writers, researchers, and officials who have been close to the
issue may be very perceptive in their analyses but it is
impossible to confirm independently the accuracy of their
- 125 -
judgments. Attached as an Appendix A to this report is a
comprehensive listing and summary of the topic areas and
sources of information which is available on the impact of
the illegal. * We make no value judgment on the relative validity
of these sources. Among them, however, are several studies
which represent sound research efforts and which we believe,
despite the serious problems described below, provide some
objective basis for setting forth a "soft portrait" of the
illegal alien given the data available to date.
The data and therefore the portrait is severely handi-
capped by the enormous methodological problems inherent in
any attempt to count and describe a clandestine population.
Every attempt will be made by the individual to mask his
illegal status. Proof of legal status would have to be volun-
teered and no researcher can demand such information of an
uncooperative subject. Moreover, substantial numbers of
illegals may be highly mobile and may not have one fixed
address for a long period of time. Therefore, even locating
a random sample of this population poses almost insurmountable
difficulties.
A second problem is the absence of a suitable interview
environment. Two of the studies reviewed were based on inter-
views conducted at INS detention centers with groups of
apprehended illegal aliens.
*Prepared and submitted by the Immigration and Naturalization
Service.
- 126 1
The North-Houstoun study used 793 apprehended illegal
aliens, 16 years of age or older who had worked for wages for
at least two weeks in the United States. Any sample taken
from the population of apprehended illegal aliens is automati-
cally biased by current INS enforcement strategy. The number
of illegal aliens apprehended by INS at a certain time in a
certain place varies with any number of factors, including
local priorities, the types of "leads" on hand, the amount of
money available for detention and deportation, detention space
available, INS manpower available, etc. It should also be noted
that any group of apprehendees will overstate the proportion of
Mexicans in the overall illegal alien population due to INS
enforcement policy. Because of these numerous factors which
affect INS apprehensions, it is impossible for apprehensions
to reflect the illegal population as a whole.
For example, far less detention space (if any) is avail-
able for the detention of females, and INS policies on
transporting females are sufficiently cumbersome so that there
is a tendency not to apprehend women when the number of males
that can be apprehended already exceeds the capabilities of
the available INS manpower. This operational reality influences
not only the data obtained in the North-Houstoun study about
sex, but also all other data obtained, especially that on the
participation of illegal aliens in the labor market, and in
the tax, social security, health, education, and welfare
systems. Unemployment runs higher for certain foreign-born women,
- 127 -
and it is therefore quite possible that more women may be at
home rather than in places of business which are more likely
targets for INS enforcement efforts because of the greater
likely pay-off. Moreover, the unemployed are far more likely
recipients of welfare, food stamps, health benefits, etc.
The unemployed illegal aliens group was not, however, touched
by the study. Because the group surveyed by the North-Houstoun
study had been employed, it can be concluded that this study
is significantly biased against indicating any impact illegal
aliens might have on welfare or social services.
Pursuant to a 1972 study by the Mexican Government, 22 /
researchers interviewed persons at the border who were return-
ing voluntarily. Illegal aliens from Mexico may misrepresent
where they live in Mexico because they wish to avoid being
returned to the interior. For some obvious reasons, some
apprehended illegals may not want to discuss how, when, and
where they crossed the border, or how much they had earned.
22 7 After a meeting in June of 1972 between Presidents Nixon
and Echeverria, both countries established interdepartmental
study commissions to analyze and evaluate the problems posed
by Mexican migration to the United States. The Mexican group,
during the course of its study, interviewed several returning
Mexican migrants who were granted voluntary departure. Because
of this factor alone, this study suffers from the same problem
of representativeness that similar United States studies have
suffered from, also. This study will be referred to through-
out the chapter.
- 128 -
Probably the closest thing to a suitable environment was
present in the small scale study performed by Dr. Wayne
Cornelius. Persons who had returned from illegal work in
the United States were interviewed at home in Mexico. Yet,
these people may differ in significant ways from illegal aliens
who do not return home. Interviewers explained that they
were not representatives of the Government of Mexico and
would keep responses confidential. However, the study was a
collection of preliminary findings of a 22-month study. This
particular phase covered a period of 15 months. The findings
were tentative since a final seven-month phase was yet to be
completed. The research was carried out in small communities
ranging in size from 490 to 4,500 inhabitants and covered
only one state in Mexico. The author points out that the
findings of a case study of the type conducted are always
subject to challenge on the grounds that the communities
selected for inclusion in the study were not in some way
representative of the majority of rural communities in Mexico
which serve as points of origin for migrants to the United
States. Most of the persons interviewed, who migrated to the
U.S. were single men. Married men interviewed did not take
their wives and children with them. The author is also quick
to point out that persons being interviewed during this study
were those who had successfully entered the U.S., had been
- 129 -
employed, and had remitted part of their earnings to families
at home.
Another problem is that studies tend to stress the
undocumented worker from Mexico. This is certainly the largest
single group, but it is unlikely that it forms as large a
percentage as is commonly perceived. In this profile, studies
limited to illegal aliens from Mexico will be separated from
studies which attempt to treat the wider spectrum of nation-
ality. Nonetheless more must be known about the Mexican
migration.
In reviewing illegal Mexican immigration to California,
W. Tim Dagodag conducted a study of migration from a number
of Mexican states to one United States state (California),
basing the study on data collected by INS from apprehended
illegal aliens. As described previously, this approach will
severely bias the male-female distribution, a factor recognized
in the study. Further, over 77% of the surveyed were apprehended
with 72 hours of their illegal entry into California, a period
of time too short for a high percentage to either locate
employment or to have access to the American social support
system. All of those in the study were either currently
employed or were actually seeking employment, presenting
significant potential competition for those segments of society
least able to protect themselves.
- 130 -
Another approach is represented by the San Diego County
study which is based primarily on "best estimates" made by
the various county agencies and anecdotes, rather than
statistical methodology. The methodology consisted largely
of interviews with "knowledgeable persons," i.e., members of
the San Diego Immigration Council and their various contacts
within the county agencies and in county community affairs.
In the few cases where samples were taken, they were often
too small to provide statistically sound results or were not
chosen randomly. It also appears from the report that each
agency and person interviewed may have had varying interpreta-
tions of the definition of illegal aliens. The need for a
clear and concise understanding of the parameters of the illegal
alien population is especially crucial in a border county where
there is also a considerable legal Hispanic population and
where there may also be a "permanent" illegal alien popula-
tion. Also, cases cited do not reflect the impact of illegal
aliens on entire county social systems in many cases, but
rather relate to the estimated impact on one particular school
or hospital.
Even if based on sound estimates the San Diego study is
specific only for an area with a major influx of illegal
Mexican aliens and an influx of very few non-Mexican aliens.
It is impossible to generalize this unique border experience
- 131 -
to any other area, especially to the illegal alien population
at large.
With the above qualifications and problems in mind, we
in no way intend to endorse these studies but instead have
found them to provide a reasonable basis for certain tentative
judgments. INS is currently conducting a Residential Survey
as a key component of a research program on illegal immigration.
The survey is the first attempt to collect data on the number,
characteristics, and impacts of illegal immigrants on a
national scale. 23 / The results will be very helpful to
increased understanding of impact questions.
B. DEFINITIONS
"Entry without Inspection" (EWI) will be used to designate
persons who enter surreptitiously. "Visa abuser" will be
used to designate all individuals who enter with a legal docu-
ment but then violate the terms of that document, or anyone
else who uses fraudulent means to gain entry to the United
States. "Western Hemisphere" (WH) refers to independent countries
of North, Central and South America as well as those of the
Caribbean. "Eastern Hemisphere" (EH) refers to any independent
country not included under Western Hemisphere. Colonies and
23 / The Survey is to be conducted in the twelve most populous
states: California, New York, Pennsylvania, Texas, Illinois,
Ohio, Michigan, New Jersey, Florida, Massachusetts, Indiana,
and North Carolina.
- 132 -
dependencies are counted as part of the country with which
they have that relationship. The terms illegal alien and
undocumented worker are used interchangeably.
C.
PERSONAL CHARACTERISTICS
A review of data relating to personal characteristics
can be extremely useful in assessing the impact of the presence
of the illegal alien. For example, if the population is
young, we can predict that the group will not place heavy
demands on services for the aged in the near future. If the
population is predominantly male, we can expect that demands
on hospital maternity facilities would be small.
Nationality
There is little data available on the national origin of
the illegal alien population. The most comprehensive data
is the numbers of deportable aliens apprehended by the INS.
Ninety percent of apprehended illegals are Mexican citizens.
The non-Mexican apprehended groups breaks down as follows:
É
Percentage
Number
Canada
12%
9,362
British West Indies & Belize
7%
5,512
Greece
6%
4,619
China
5%
4,204
Dominican Republic
5%
3,601
Philippines
4%
2,804
United Kingdom
3%
2,334
Others
59%
45,750*
*Only countries with over three percent representation in this
population have been included. Because of rounding, percentages
add up to 101%. (INS, 1975)
- 133 -
While it is reasonable to assume that Mexican nationals
form the largest element within the illegal alien population,
it is probable that they constitute far less than ninety
percent. Several researchers have suggested that the true
percentage is closer to sixty percent, but this estimate
appears to be no better than an educated guess. (North, 1976)
As previously mentioned, the apprehension rate is biased by
the emphasis of the INS enforcement activity. It is also
biased by the ease in identification of many Mexicans on the
basis of racial characteristics. Another aspect of enforcement
efforts which may further skew the figures is that the INS
spends relatively little effort in attempting to locate visa
abusers. If we are to believe the findings of certain studies,
fewer Mexicans are in the visa abuser category. (North, 1976) 24/
A recent study done under contract for INS concerning
fraudulent use of immigration documents has some nationality
data. Inspections of documents for the study were made on a
random sample of applicants for admission at 10 major inter-
national airports and the 12 largest ports of entry on our
Southern land border. Nationality breakdowns are not avail-
able for the land port group. Of those malafide entries
Here and elsewhere the term "visa abuser" excludes Mexican
citizens who, under pretext of shopping on the U.S. side, are
actually employed. No data are available on the size of this
group, but it may be substantial.
- 134 -
through airports, 57% came from countries bordering the
Caribbean excluding Mexico; 14% came from Mexico, 17% came
from Europe; and 5% came from South America. (Fraud.
Entrants, 1976)
Origin Within Country of Citizenship
Information has been discovered relating to the regional
origin of some illegal aliens within their country of citizen-
ship. Unfortunately, such data are limited to Mexico. This
information will be useful in selecting sites for further
research on "push" factors. It may also be useful in consider-
ing new techniques for the identification of illegals in
enforcement activities.
Forty-six years ago, Manuel Gamio identified the states
of Michoacan, Guanajuato and Jalisco as the primary sending
areas of Mexico for both legal and illegal immigrants. (Gamio,
1930) Studies done during the last few years have come to
essentially the same conclusion. A study based on the analysis
of apprehension forms for the Chula Vista sector (California)
identified two of the states mentioned by Gamio as the source
of forty-eight percent of the aliens apprehended (Jalisco and
Michoacan). (Dagodag, 1975) A second study conducted by
the Mexican Government along the length of the border revealed
that fifty-seven percent of those who had been apprehended
- 135 -
were from six states. Three of the states were the same as
those cited by Gamio. The others were Chihuahua, Baja,
California and San Luis Potosi (Mexico, 1972). The 1968
Border Study Project directed by Julian Samora cited Gamio's
three states and added Chihuahua and Durango as the source of
more than fifty percent of the migration. (Samora, 1971)
While the findings of these four studies are not absolutely
consistent in that they rank the states differently, the
degree of similarity of their findings over a forty-six year
period is remarkable.
Perhaps even more valuable than data on state origin,
is the data gathered by the Mexican Government on the origin
by "municipio". There there are 2,338 "municipios" in Mexico,
more than fifty percent of the persons interviewed were from
82 "municipios".
Several studies have also pointed out that the areas from
which many illegal aliens come are precisely those areas
which provided the bulk of the "braceros" during the life of
that program (1942-1964). One researcher has suggested that
the "bracero" program in a sense never stopped, but merely
went underground. (Cornelius, 1976)
Age
The available studies indicate that the group is pre-
dominantly a young one and consequently is very active in
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the labor market. If the average age is indeed less than
thirty, the group will probably continue to be active for more
than thirty years (provided, of course, that these individuals
remain in the United States).
The only study which deals with the age of illegal aliens
across the board sets the average at 28.5 years. (North, 1976)
The average age of illegals who seek to enter the U.S. at
Southern land ports with documents that are fraudulent or with
the intent to violate terms of the visa is 27 to 28 years.
Those entering through international airports have an average
age of 30. (Fraud. Entrants, 1976) Other studies dealing
only with the Mexican illegal come to similar conclusions.
Some of these are: "mean age", 29, (Dagodag, 1975) ; 61.4%
between the ages of 18 and 29, (Mexico, 1972) ; predominantly
17-29, (Cornelius, 1976) ; more than 70% under 30, (Samora,
1971). 25/
Sex
The percentage of males VS. females in the illegal alien
population may affect the impact that the group has on the
labor market. It may also indicate the present and future
impact on social institutions such as schools and health care
25 / If the probability of being apprehended decreases the
longer one has been in the U.S., older illegal aliens are
underrepresented in arrest data.
- 137 -
facilities.
Several studies and anecdotal data indicate that the
illegal alien population is overwhelmingly male (about 90%)
However, these data are based on apprehended illegal aliens
and are therefore suspect. INS maintains no overnight deten-
tion facilities for women and consequently concentrates its
efforts on the apprehension of males (except for individuals
apprehended or turned back in the border zone).
Fraudulent Entrants Study found that for the malafide
applicants denied entry at the studied land ports, 55 percent
were women. At the airports studied, 45 percent of the mala-
fide applicants denied entry were women. These data are based
upon a random sample. They challenge the 90 percent male
estimate at least for those who do not enter surreptitiously
between ports of entry.
Based on his interview sample, North at first appears to
accept the nine to one ratio. However, he concludes that the
ratio is probably not accurate. He points out that in a study
he did in 1975 for the Law Enforcement Assistance Administration,
40 percent of the unapprehended illegal aliens identified were
women. Of the 51 unapprehended illegal aliens he interviewed
in the 1976 study, 41 percent were female. Of the 344 married
apprehended aliens he interviewed in the 1976 study, 135 said
that they had a spouse in the United States. While no data
- 138 -
are available to indicate whether the spouse is also here
illegally, a substantial percentage are likely to be illegals. 26/
Educational Level
The educational level of the illegal alien is a parti-
cularly important area of consideration in evaluating the
impact of this population on the labor market. It can be
assumed that the nature of employment and wages which the
illegal alien obtains in the U.S. will bear some relationship
to his or her educational level. However, the North study
indicates that many illegal alien white-collar workers are
employed in blue collar positions in the U.S. (North, 1976) 27 /
The average number of years of formal education found by
North, among apprehended illegal aliens, was 6.7 years. However,
for the Eastern Hemisphere, the average number of years was
11.9 (about the U.S. average). The average for Mexican
nationals was 4.9 years. Other studies have also indicated
26 / Regarding the North Study, it is imperative to keep in
mind that their sample of apprehended illegal aliens was not
random. A criterion for selection in that study was that all
persons interviewed had to have worked for at least two weeks
in the United States prior to apprehension. Because this
sample group was apprehended illegal aliens, most of the
members were men.
27 / Occupations may require different skills in different
countries. A white collar clerk in Mexico may find that a
lack of fluency in English limits him to blue collar work in
the U.S. Or skills sufficient in country of origin may not
be sufficient in the U.S.
- 139 -
a very low average for Mexican illegal alien workers. (North,
1976; Samora, 1971; Mexico, 1972)
Since the educational level of many illegal aliens
appears to be low, these individuals would probably find
employment in unskilled jobs. The social impact of their
presence would be similar to that of other workers in such
jobs.
Marital Status
The marital status of the undocumented worker population
could be an important indication of potential for social
impact by suggesting permanence (if the illegal alien is
married and brings spouse) ; disruption of family (if married
and does not bring spouse) ; potential for regularization of
status (if the individual is seeking a spouse) and the possi-
bility of changing from an illegal status to a legal status
(if the individual marries a citizen even though the original
intention was not to stay permanently).
The one study which deals with this subject for the
illegal alien population as a whole, indicated that thirty-six
percent of the twenty-five to thirty-four age group was single.
(North, 1976)
The Fraudulent Entrants study developed marital status
information only on the individuals who entered through inter-
national airports. A majority of both sexes (58.9% and 56.6%
of women) were single.
- 140 -
Studies relating to Mexican undocumented workers of all
ages also indicated high percentages: 52 percent single (of
the entire group of 2,794), usually single (group of 75),
62.3 percent single (group of 1,539) and 46 percent single
(group of 493). (Mexico, 1972; Cornelius, 1976; Dagodag,
1975; Samora, 1971)
In addition to the importance of marital status as an
indicator of permanence, this factor will also affect the way
the individual impacts on the community.
Language Ability
English language ability directly affects how an illegal
alien will interact with the community. It is thought to be
a major determinant of the kind of employment he or she can
expect and also may influence his or her decisions as to where
to live.
The one study which provided information on language
ability for the overall group indicated that sixty-four percent
did not speak English. Among Western Hemisphere illegals the
percentage was nearly seventy percent. (North, 1976)
For the Mexican group, two studies provided some informa-
tion. Both reported that ninety percent of the group did not
speak English. (North, 1976; Samora, 1971)
One study also found that illegal aliens with a good
command of English were likely to have: (1) better jobs,
- 141 -
(2) less problem in avoiding INS, and (3) were likely to live
outside ethnic communities. (North, 1976)
Motivation
An individual who decides to emigrate illegally to the
U.S. may do so for a single reason or for several. However,
the primary reason for the decision of the majority of illegals
appears to be economic. This is attested to by INS data, e.g.,
number of apprehended illegals employed and number of illegals
apprehended while seeking jobs. It is also supported by anec-
dotal accounts. Additional supporting evidence for this
belief can be obtained by comparing economic conditions in
major sending countries with those in the U.S. (push-pull
factors). While employment opportunities for illegal aliens
in the U.S. may be poor by American standards, they are con-
siderably better than those in the country of origin.
Data obtained by North in his interviews of 793 appre-
hended illegals strongly supports this belief. Seventy-four
percent of those interviewed gave employment opportunities
as the reason for emigration. When the responses were broken
down by region of origin, however, some very interesting con-
trasts became apparent. Only twenty-three percent of Eastern
Hemisphere respondents said that they had entered to find a
job. Sixty percent of non-Mexican Western Hemisphere respondents
also gave this as a primary motive. In contrast, eighty-nine
-- 142 -
percent of the Mexican illegal aliens interviewed by North
gave employment as the reason for emigration. The other
responses for non-Mexican illegals interviewed by North were
as follows: 17% to study, 15% to see the U.S., 6.5% to see
relatives and 10% gave other reasons. (North, 1976)
Studies limited to Mexican illegals strongly emphasize
the economic nature of the motivation to emigrate. (North,
1976; Cornelius, 1976; Mexico, 1972; Samora, 1971) One study
suggested two additional reasons for emigration. These were:
a desire to escape parental authority and temporary emigration
to the U.S. as a local tradition. (Cornelius, 1976)
D. CHARACTERISTICS OF ENTRY
The breakdown by area of origin (Eastern Hemisphere V.
Western Hemisphere) confirms what we could logically expect.
Most illegals from the Eastern Hemisphere fall into the visa
abuser category, while Western Hemisphere illegals from Mexico
and Canada usually enter without inspection. Other Western
Hemisphere illegal aliens are more likely to be visa abusers.
Sixty-one percent of all illegals are apprehended within
seventy-two hours of entry. Most of these persons are Mexican
EWI's caught at the border or in the border zone. (INS, 1975)
Entry Without Inspection (EWI)
Eighty-eight percent of the illegal aliens apprehended
by INS are in this category. However, the pattern changes
- 143 -
dramatically when the origin of the undocumented worker is
taken into consideration. For example, very few Eastern
Hemisphere apprehended illegals are EWI's (2.4%). On the
other hand, twenty percent of Western Hemisphere illegals are
in this category if Mexico and Canada are excluded. Forty
percent of the Canadians are EWI's and ninety-six percent of
Mexicans are in this category. (INS, 1975)
A large percentage of illegals entering from Mexico
appear to be aided by smugglers. For a price, the smuggler
indicates when, where, and how a group should attempt to cross.
They are then met by a truck on the U.S. side. Transportation
can be arranged as far north as Chicago and services frequently
include some sort of forged document. It appears to cost
somewhere between $200 to $300 depending on the services
rendered. (Cornelius, 1976; Dagodag, 1975; Samora, 1971)
Visa Abusers and Malafide Entrants
A visa abuser enters on a legal visa, but then overstays
or violates the conditions of his/her visa. Individuals in
this group are overwhelmingly non-Mexican. Visa abusers are
apprehended less frequently because of the nature of INS
enforcement efforts. The category represents about twelve
percent of the illegals apprehended. 28 /
28 / However, it should be noted that INS records indicate that
Mexican unresolved departures total almost 400,000 since 1974.
This data represents those holding documents.
- 144 -
A subcategory of visa abusers is malafide entrants.
This includes those attempting entry with counterfeit or
altered documents, as imposters, by false verbal or documented
claims to U.S. citizenship, or with valid documents, the terms
of which the bearer had or intends to violate, usually to work.
It is estimated that in 1975 there were 12 to 14 times as many
successful malafide entries as there were entries denied.
These statistics relate to entries, not entrants and are
therefore not an estimate of population as one individual may
enter several times. However, these data mean that over
500,000 (ratio of 9:1 land port to airport) fraudulent entries
were made. This figure is exclusive of sea or Northern border
arrivals, those with bona fide intentions upon arrival who
subsequently violate terms of admission, and those entering
surreptitiously between ports. (Fraud. Entrants, 1976)
Others
Another group mentioned previously is those Mexican
citizens who live close to the border and commute daily to
jobs in U.S. border towns under the pretext of shopping in
U.S. stores. No data exists as to the number of persons in
this category but the group may be sizeable. 29 /
29 / One group related to this phenomenon, however, is known.
Those holding cards that convey "commuter" privileges number
approximately 45,000 on the Southern Border.
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E. CHARACTERISTICS OF RESIDENCE
Where and how illegal aliens live in this country is of
concern in that it directly affects their impact on communities.
Unfortunately, the available information is limited and is of
poor quality.
Location
Hard data on the location of illegal aliens within this
country are limited to apprehension figures. These, to a
considerable degree, are a function of the nature of enforce-
ment activity of the INS. At best they provide an extremely
rough indication of where the illegals are. Apprehension data
do, however, show that a change has taken place in the distri-
bution of undocumented workers. Illegals are now apprehended
in every state and in virtually every town. Substantial
numbers of Mexican illegals have moved successively northward
away from the border even though the largest concentrations
are probably still in the Southwest.
According to one researcher, the largest single element
in the illegal alien population on the East Coast is from the
island of Hispaniola (Haiti and the Dominican Republic).
Another researcher divides the population into three elements:
(1) Mexican--residing mainly in California and the Southwest,
(2) other Western Hemisphere--mainly East Coast, and (3)
Eastern Hemisphere--predominantly East Coast. (Piore, 1974;
North, 1976)
- 146 -
One 1972 study, based on interviews with 2,794 Mexican
illegal aliens departing voluntarily, indicated that appre-
hension took place in the following states:
Texas
-
44%
California -
25%
Arizona
-
10%
New Mexico -
8%
Illinois
-
3.3%
Residence With Other Illegal Aliens
North indicates that illegals are likely to reside with
other illegals. This was especially true with Mexican illegals
(53.9%) and also with those that spoke little English.
(North,
1976)
Residence in Areas With High Percentages of Resident
Aliens and Citizens of Similar Ethnic Background
Beyond the North data, little or no evidence has been
found to indicate that illegal aliens are concentrated nationally
in areas with high percentages of resident aliens and citizens
of similar ethnic background.
Bustamante and others have described the tension existing
between illegals and citizens of the same ethnic background.
Cornelius mentions that those illegals with relatives in the
U.S. may live with them but that this is probably not the
majority. Perhaps the best indication that there is some
- 147 -
validity to this assumption is INS's success in making appre-
hensions in these areas. (Bustamante, 1976; Cornelius, 1976;
North, 1976)
Mobility
Data of several types are available from different
researchers which indicate that the illegal alien is highly
mobile and frequently returns to his/her country of citizen-
ship. This can be interpreted as proof of the continuing
strength of his/her ties to his/her native country. One
researcher reported that apprehended illegals returned to
their country of origin an average of 2.1 times during a five
year period.
Apparently, Mexican nationals have a much higher return
rate than non-Mexicans. Mexican illegals returned home on
the average of 4.5 times during the last five years. Another
study indicated that the average length of stay in the U.S.
for Mexican undocumented workers was six to eight months.
(North, 1976; Cornelius, 1976)
Wage Remissions
Frequent remission of part of a worker's earnings to a
relative in the country of origin is another indication often
cited as proof of the strength of ties with the country of
citizenship. One study dealing with illegal aliens of all
- 148 -
nationalities indicated that seventy-five percent of the
apprehended illegals interviewed stated that part of their
wages were sent home to help support a relative. (North, 1976)
Other studies of Mexican nationals indicated a high wage
remission rate. A 1972 study of voluntary departues indicated
that 52% sent wages home by mail. Another study tended to
confirm this. (Mexico, 1972; Cornelius, 1976)
F. CHARACTERISTICS OF WORK PLACE
Exploitation
For obvious reasons illegals are vulnerable to exploita-
tion by unscrupulous employers. They can hardly afford to
report substandard work-related housing or dangerous working
conditions to OSHA nor could they report minimum wage viola-
tions even though they are theoretically protected. Numerous
horror stories circulate regarding employers who report
illegal aliens to INS in order to avoid paying wages. While
there can be no doubt that these circumstances do occur, it is
difficult to say how widespread the pattern is.
One study based on interviews with illegal aliens of
different nationalities, reported that twenty-three percent
of the workers were paid at less than the minimum wage. The
same study reported that eighteen percent of the workers
interviewed felt that they had been hired because they were
illegal aliens. (North, 1976)
- 149 -
The study done by the Mexican Government in 1972
revealed that although eighty percent of those interviewed
stated that they were willing to go back to the U.S., sixty-
seven percent reported they were not paid regularly and/or
were still owed wages when apprehended. (Mexico, 1972)
Availability of Jobs
Many of the illegals apprehended by INS are discovered
at their place of work. While no clear indication of the
success rate of undocumented workers in finding employment is
available, some information is available for the Mexican group.
Some studies indicate that a number of illegal aliens
have considerable difficulty in finding jobs. One study
reported that finding a job presented far more difficulty for
the illegal alien than eluding the INS. A second study indicated
that only forty-seven percent of the voluntary departures
interviewed were able to find a job. An earlier study indi-
cated that most illegals are unsuccessful in locating a job.
(Cornelius, 1976; Mexico, 1972; Samora, 1971) 30/
G. USE OF SERVICES
It has frequently been alleged that illegal aliens produce
a substantial drain on public services such as welfare, food
stamps, hospital care, public education, etc.
30/ Again, this information may be biased by the groups we
are dealing with in the samples.
- 150 -
Several of the studies which base their conclusions on
hard data contradict this assertion. For example, a study
done in San Diego County indicates that of 9,132 welfare cases,
only ten were known to be illegal aliens. The same study
reports that in Los Angeles, of 1,400 cases, only fifty-six
were found to be illegal aliens. In San Diego, indications
were also found that the problem of illegal aliens partici-
pating in public education, hospital services and food stamps
was minimal. (San Diego, 1975)
Additional information on this topic was obtained from
an HEW document which reported error of less than .7 percent
in the Aid to Families with Dependent Children (AFDC) program
due to citizenship-alienage problems. (HEW, 1975)
The North study also indicated that the problems of use
of public services by illegal aliens was minimal. However, it
is likely that the North study understates the problem since
all persons interviewed worked for at least two weeks in the
U.S. prior to apprehension. Of the persons interviewed by
North, only .5% had received welfare, 1.5% had received food
stamps, 4% had collected unemployment and 27% had used hospitals
and clinics. Of the 27% who had used hospitals and clinics,
83% reported that they had paid for the care themselves, or
that it was paid for by the employer or by a health insurance
plan. In consequence, only 4.6% of North's interview population
had received free health care. (North, 1976)
- 151 -
Another study dealing with Mexican illegals indicated
that only three out of thirty persons interviewed received
unemployment benefits. None of the persons had ever received
food stamps, welfare or medical benefits. (Cornelius, 1976)
H. CONTRIBUTIONS TO THE TAX BASE
Obviously, illegal aliens pay sales tax and consequently
contribute to the tax base. In addition, there are indications
that many illegal aliens may pay income tax. The same is true
of Social Security taxes. According to North, seventy-three
percent of all illegals he interviewed had income tax with-
holding deducted from their salaries and seventy-seven percent
had Social Security deductions taken out. Perhaps more sur-
prising was the fact that thirty-two percent had actually
filed tax returns. However, it has been pointed out that
some illegals claim more than an appropriate number of
deductions for dependents. No indication has yet been found
of how widespread this practice is. (North, 1976)
Somewhat contradictory information was developed during
a 90-day test conducted by IRS on apprehended illegal aliens
in INS detention centers. Of the 1,699 illegals interviewed,
1,090 had outstanding income tax liabilities. The total
amount owed in that test was $247,696, an average per subject
of about $140. As a result of this high frequency of
- 152 -
non-compliance, (of modest average amounts), the IRS is currently
studying compliance among employers known to hire illegal aliens.
The results of this review are as yet unavailable. (See pages
102-104).
I. SUMMARY
Based on the above discussion, we must conclude that
research on illegal aliens is very much in its infancy. In
spite of the limitations and deficiencies, certain guides to
future research are evident. Although this chapter has not
attempted to discuss stage (s) of settlement, this aspect of
migration may bear a major relationship to the impact brought
about by illegal migration. Because of our lack of knowledge
we have not used the soft portrait to predict which stage (s)
we may be experiencing. A discussion of settlement stage (s)
appears in Chapter VI of the report. In instances where there
is considerable agreement among researchers, those points of
agreement can be used to formulate hypotheses. Some of the
hypotheses emerging from this review are:
1. The principal impact of the presence of illegal
aliens at this time is likely to be on the labor
market rather than on social services. The nature
of the impact may be dependent upon the stage of
settlement of various groups of illegals. In the
early stages, the illegals tend to be young,
single and male. In the latter stages, they tend
to have families and remain permanently.
- 153 -
2. A significant percentage of the earnings of
illegal aliens is remitted to the country of
origin.
3. Mexican migration may be very different from
that originating in other countries by method
of entry, motivation, frequency of return,
education and language ability, and male-
female configuration.
- 154 -
CHAPTER V - DOMESTIC IMPACT OF ILLEGAL ALIENS
In addition to the international forces which establish
migrations of people, the domestic impact of illegal aliens
must be analyzed. As we have noted in Chapter IV, research
on illegal aliens is still in an embryonic state, making an
exposition of impacts not only difficult but tentative.
Nevertheless, some basic outlines of the socio-economic
dimensions of this issue can be developed from available
research, comparison groups and standard social and economic
theory.
Recognizing that (a) the heart of any dramatic policy
shifts is likely to be a function of domestic impact and that
(b) domestic impact is a vast area of inquiry, the task forces
have developed only select themes consistent with the pre-
liminary nature of this project. Presumably, as better infor-
mation and greater awareness develops, our view of the illegal
alien issue will be increasingly influenced by measures of
their impact.
The Issues of Employment and Earnings
This section presents hypotheses as to the impact of
illegal aliens on the labor market and the income of others,
a comparison of the demographic and occupational distribution
of the illegals with those of legal immigrants, a discussion
of the earnings of immigrants and a discussion of guest worker
programs in the United States and Europe.
- 155 -
A. HYPOTHESES
Much of the concern with regard to illegal aliens
focuses on their impact on the labor market, and the
resulting effects on the economy as a whole. One concern
has to do with the effect on the economy's total output,
Gross National Product (GNP). The other is with the
impact on the distribution of real income, that is,
on relative wages, profits and prices.
GNP and Relative Incomes
Economic theory does suggest hypotheses as to the
impact of the presence of, or an increase in the number of,
illegal aliens. The total real output (GNP) produced by
the economy increases in response to the greater employment
supply due to immigration, whether legal or illegal.
Even the total real income of those already residing in
31/
the United States increases.
However, the gain in
real income is not shared uniformly.
As relative wages for illegal aliens decline in response
to an increase in their labor supply, the owners of firms
employing illegal aliens and the consumers of the goods pro-
duced by illegal aliens tend to gain through higher profits and
lower prices, respectively. On the other hand, the relative
31/ This follows from the standard assumption of a
declining marginal product of labor. The marginal
product of labor declines if the extra output from an
extra million workers decreases as the size of the labor
force increases, other factors held constant.
- 156 -
wages of legal resident workers who are close substitutes in
employment for the illegal aliens also decline. They suffer
a loss in earnings that is not likely to be fully compensated
by the decline in the prices of goods and services that illegal
aliens produce or by increases in the return on their nonlabor
assets. In short, many residents may gain a little at the
much greater expense of a few. Historically, public policy has
attempted to protect the interests of those upon whom such
burdens fall and this analysis is not intended to suggest
departures from this principle.
As will be shown below, apprehended illegal aliens
tend to be low skilled. And during the first few years
in the United States, immigrants in general tend to be
less productive than native born persons of a similar
age and schooling, as the immigrants are not familiar
with the language, skills and customs relevant to U.S.
labor markets. If the illegal aliens are in fact
low skilled, then low skilled legal resident workers
are likely to be close substitutes for them in
employment. Consequently, the increase in the
relative supply of unskilled workers brought about
by the presence of illegal aliens would tend to
depress the real and money wages of unskilled workers.
- 157 -
But this same presence implies a decline in the proportion
of skilled workers in the labor force, and the relative
wages of skilled workers to unskilled workers will therefore
tend to increase.
The lower real wages for all low skilled workers as
a result of the illegal immigration of low skill workers
could appear as either a slower growth in money wages or
a deterioration in working conditions. The latter effect
is more likely if there is a floor under money wages, for
example, because of minimum wage legislation. Workers
can be expected to respond to a deterioration in working
conditions in a manner similar to their response to lower
money wages.
The relative decline in wages in the occupations
that are intensive in lower skilled illegal alien labor
would encourage legal resident workers to leave these
sectors, and this occupational change is sometimes referred
to as the displacement effect. Some of these workers
would go to other lower skilled jobs and tend to depress
wages there. Others, however, would acquire training to
qualify for higher skilled jobs, as the financial return
to training has increased. While still others (particularly
the aged and married women with young children) would tend
to drop out of the labor force.
- 158 -
The decline in the earnings and employment of low
skilled workers would result in an increase in transfer
payments. Experienced workers who become unemployed
would qualify for unemployment compensation benefits.
Some older workers would apply for social security. Low
income families would qualify for Food Stamps, and possibly
AFDC, among other programs.
In the past there has been much concern with the
outflow of dollars from the United States. This arose
because during a period in which the Government was
attempting to defend fixed exchange rates, an increase
in the short-term net outflow of dollars could have serious
balance of payments difficulties, and result in substantial
manipulation of the domestic economy. In the current
era of flexible exchange rates, however, such problems
32/
disappear in the long run.
There is also a concern among some that the "leakage"
of U.S. dollars due to immigrant remittances has an adverse
effect on U.S. employment and output. This is not the case
as ultimately other countries use these U.S. dollars to
buy U.S. goods and services. As far as domestic output
and employment are concerned, it does not matter whether
a U.S. resident spends $100 in the United States or a
foreigner who received this money from a U.S. resident
spends $100 for U.S. export.
32/ The impact of the short run adjustment process is
ambiguous.
- 159 -
Unemployment and Job Vacancies
There is substantial concern that illegal aliens reduce
the number of jobs available for legal workers, and thereby
create unemployment for legal workers. Some even imply that
this occurs on a one-for-one basis. This view, however, is
based on the assumption that there are a fixed number of jobs
in the economy, and giving one person a job implies denying
it to another. As long as relative wages can respond to
changing relative supplies of different types of labor, an
increase in the size of the illegal alien population per se
will not increase unemployment in the long run. There may,
however, be some short-run impact as legal residents may have
to engage in a somewhat longer job search process until they
adjust to the new situation.
The unemployment impact is heightened when there is a
floor under wages and working conditions. If illegals work at
levels that just meet or violate Fair Labor Standards Act or
Occupational Safety and Health Act provisions, but natives
will not, employers would hire at least some illegals at
legal residents' expense. Furthermore, the violation of
such standards undermines the effectiveness of those protections
for native workers. The low skilled legal residents whose
productivity rests at the minimum
- 160 -
employment cost (the minimum wage plus the cost of
legally mandated fringe benefits and working conditions)
would have difficulty finding employment. They would
experience greater unemployment as they search for a job
opening. This adverse employment effect is likely to
be most severe for legal residents who are teenagers,
disabled, or clearly unskilled -- those who have the
lowest productivity. Some unemployment from this source
is not transitional, and can persist for a long time
especially if the legal minimum employment cost rises
at least as fast as average wages in the economy.
The argument is sometimes advanced that illegal
aliens do the jobs that all legal resident workers find
so distasteful that these jobs would not be filled if
there were no illegal aliens.
In this view, illegal
aliens are not substitutes in employment for legal workers
because the latter would not accept the jobs the illegals
fill. To attract legal workers to such jobs money wages
and working conditions would have to be increased by so
much that firms that now rely on illegal workers would
go out of business or substantially change their condi-
tions of employment through a substitution of capital
33/ The benefits received from income transfer programs
may be sufficient to discourage legal workers from taking
jobs that offer low wages and undesirable working conditions.
- 161 -
for labor. The curtailment of the use of illegal alien
labor may then have little effect on legal worker employ-
ment, but would raise costs to these firms and raise the
relative prices of the items they produce.
This view rests on the two assumptions that it
would take a very large increase in real wages to induce
legal workers to these jobs (inelastic labor supply) and
that the demand for these products declines sharply in
response to price increases (elastic demand for the item).
The argument was most forcefully raised in discussions
of the Bracero program, but as will be indicated below,
these fears were not well founded. Thus far
there is no evidence that these conditions apply to sectors
employing illegal aliens. However, more information is
needed about the illegal alien labor market before this
controversy can be fully resolved.
Taxes and Social Services
The gain to the resident population from addi-
tional immigration (legal or illegal) is reduced to the
extent that the taxes paid by immigrants (or in their
behalf by their employers) are less than the sum of the
extra cost to society of providing them with social services
and the extra burden they place on the criminal justice
system. The taxes include income, payroll, property, sales
and excise taxes. Even if illegal aliens do not directly
- 162 -
pay property taxes, and if many evade income taxes, a smaller
proportion could evade paying social security taxes (see Chapter
IV). Social security taxes are the major source of Federal
tax revenue from low-income families. 34/
Social services include subsidized hospital care,
schooling for children, and welfare benefits. To the extent
that illegal aliens are predominantly adult but not ared
men, and to the extent that they seek to avoid contact with
government authorities, their use of social services would be
minimal and the extra cost to the taxpayers as a whole would
be small. Chapter IV suggests on the basis of the research
performed to date that their use of social services would
seem to be minimal at this time. However, if low income
alien workers bring their families to the U.S., their use of
social services may exceed their contribution to that form of
taxes.
Additional Hypotheses
A particular level of net migration may be observed
because there is a large turnover in the immigration popu-
lation, that is, many migrants return to their country of
origin after working in the United States for a short period
of time. The same net migration can also be observed
because of a gross inflow and little or no return migration.
The latter implies a longer average tenure in the United
States of illegal aliens. Since it is shown below that
34/ In 1976, the combined employer and employee Social
Security tax is 11.7 percent of the first $15,300 of a
worker's earnings.
- 163 -
tenure in the United States is an important determinant
of the productivity and earnings of migrants, these
different determinants of a given level of net migration
have different implications for the impact of illegal
aliens. At this time, however, there is too little data
to estimate the magnitude of the net and gross flows, or
the average tenure in the United States of illegal aliens.
Finally, a complete model of immigration should
treat net and gross flows of immigrants as endogenous.
Migrants tend to respond to employment opportunities
in the United States, and in their country of origin. If
illegal aliens are responsive to employment opportunities,
their net migration rate would be lower during a recession
in the United States. Then, they may contribute little to
the growth in unemployment during a recession.
Although the gross and net effects of these factors
need to be quantified to test these hypotheses and to
estimate the economic impact of illegal aliens, the scanty
data currently available cannot provide definitive answers.
At most they can indicate the direction of some of the
effects.
- 164 -
B. DEMOGRAPHIC CHARACTERISTICS OF LEGAL AND ILLEGAL IMMIGRANTS
If legal and illegal aliens are comparable demographically,
information on the former may provide for postulating about the
latter. The basic source of information on the characteristics
of foreign born residents of the United States is the 1970
Census of Population. These data indicate that of the 9.6
million foreign born residing in the United States, 4.4 million
(46 percent) are males. Of these males ages 16 to 64, 88
percent were in the labor force in March 1970. Similarly,
among foreign born women age 16 to 64, 47 percent were in the
labor force. The respective unemployment rates in March 1970
for the foreign born were 3.8 percent for males and 6.0 percent
for females, compared to 3.9 percent and 5.2 percent respectively
for the entire (native and foreign) population.
By way of comparison, the studies primarily of apprehended
illegal aliens cited in the Soft Portrait in Chapter IV suggest
35
that the illegal alien population is predominantly male.
This proportion would probably be higher if the data were
limited to illegal aliens who expect to stay permanently, but
it would still be a predominantly male population.
35/ The proportion of women among apprehended illegals may
be less than among all illegal aliens because of INS
apprehension policies.
- 165 -
There is evidence that apprehended illegal aliens have
a high unemployment rate but are actively seeking work and
thus show a very high labor force participation rate. Based
on a small sample, North and Houstoun estimated that the
36 /
unemployment rate from 1970-1975 averaged 10.2 percent.
This study, as well as other studies on illegals, indicates
that the labor force participation rate is close to 100 per-
cent, that is nearly all are employed or actively seeking
employment. It appears that illegal aliens are a working
population rather than one that is largely unemployed or out
of the labor force.
These data imply that the unemployment rates and the
labor force participation rates of illegals exceed those of
the foreign born residents as reported in the Census. It is
not known, however, to what extent illegal aliens make them-
selves particularly vulnerable to being arrested when they are
without a job and are looking for work. Also, adjustments to
U.S. labor markets take time, and the apprehended illegals
tend to be relatively recent arrivals. It is not known to
what extent the unemployment rate of illegal aliens and the
36/ David North and Marian Houstoun, "The Characteristics and
Role of the Illegals in the U.S. Labor Market," Linton and Co.
Inc., Washington, D.C., 1976. Their sample was limited to 793
non-randomly selected illegal aliens who had worked for at
least two weeks prior to apprehension. Thus, labor force
participation would be expected to be high. The sample consisted
largely of apprehensions, although some had not been apprehended.
- 166 -
probability of being apprehended decline with tenure in the
United States. Given the age and sex distribution of the
illegal alien population (see Chapter IV) and fears of
potential deportation if they are detected by the authorities,
their high labor force participation rate is not surprising.
Table 1 compares the occupational distribution of the
male illegal aliens in the North-Houstoun study with that of
foreign born males (whose occupational distribution is similar
to that of all U.S. males). The table indicates substantial
occupational disparity between North-Houstoun's illegal
aliens and the foreign born residents. While nearly 80 per-
cent of the illegal population were employed in the generally
unskilled categories of nonfarm laborer, operative, service
worker, and farm worker, about 40 percent of the foreign born
males were similarly employed. The illegal aliens in the
North-Houstoun study are underrepresented in the professional
and managerial occupations (2.9 percent compared to 27.2
percent). The occupational differences are somewhat smaller
in a comparison between the illegal aliens, who tend to be of
relatively short duration in the United States, and foreign
37
/
born men who migrated between 1965 and 1970.
37 / The apprehended illegal aliens are likely to be more
recent arrivals because (a) apprehended illegals are either
deported or made legal and the probability of having been
apprehended sometime would increase with tenure in the United
States, (b) the probability of being apprehended in a year
may decline the longer one has been in the United States, and
(c) illegal aliens may be more likely to have viewed migration
to the United States as temporary.
- 167 -
Table 1. Occupational Distribution of Employed Foreign Born
Males Aged 16+ and Apprehended Illegal Aliens (%)
All
Foreign Born Males
Foreign
Who Entered
Apprehended
Born Males
1965-1970
Illegal Aliens
Occupation
(1970)
(1970)
(1975)
White Collar Workers
39.6
37.7
5.4
Prof; Tech. & Kindred
16.9
22.4
1.6
Owners; Mgrs; and
Admin. except Farm
10.3
5.3
1.3
Sales Workers
5.9
3.0
1.1
Clerical & Kindred
Workers
6.5
7.0
1.4
Blue Collar Workers
45.1
45.8
55.2
Craft & Kindred
Workers
21.3
17.5
15.3
Operatives
17.8
21.4
25.1
Nonfarm Laborers
6.0
6.9
14.8
Service Workers
12.1
13.6
20.6
Farm Workers
3.2
3.1
18.8
Total
100.0
100.0
100.0
Sample Size
(1)
(1)
628
Note: Detail may not add to total due to rounding.
(1) Five percent sample of the U.S. population.
Source: Columns 1 and 2: 1970 Census of Population, Subject Reports
PC(2)-1A, National Origin and Language -- Table 18, p. 466. Column 3:
David North and Marian Houstoun "The Characteristics and Role of
Illegal Aliens in the U.S. Labor Market," Linton and Co., Inc., 1976
Table V-3. See Footnote 36 on p. 165.
- 168 -
Table 2 compares the occupational distribution of
employed Mexican born male U.S. residents (all and those who
migrated between 1965 and 1970) with that of the North-
Houstoun sample of Mexican illegal aliens. The divergence
in the occupational distributions between the foreign born
and the North-Houstoun illegal aliens largely disappears
38/
when the data are limited to recent arrivals from Mexico.
The four unskilled categories of nonfarm laborer, operative,
service worker, and farm worker accounted for 84 percent of
the Mexican illegals while 79 percent of the resident
Mexicans that entered in 1965-70 were in these classifications.
For professional and managerial occupations the proportions
were 0.5 percent for the illegals and 3.1 percent for the
recent migrants. These distributions are very similar.
It must be noted, however, that the North-Houstoun
sample is not a random sample of illegal aliens. It is not
known to what extent their procedures would tend to bias their
sample in favor of persons with low occupational levels,
particularly farm workers. In addition, their sample size
was very small.
38/ This is to be expected since the Mexicans were 65 percent
of the sample of illegals and 10 percent of the foreign born
men who arrived between 1965 and 1970, and immigrants from
Mexico have an occupational distribution that differs from
that of other immigrants.
- 169 -
Table 2. Occupational Distribution of Employed Males Born in
Mexico and Apprehended Mexican Born Illegal Aliens (%)
Apprehended
Born
Born in Mexico,
Mexican
in
Entered U.S.
Illegal
Mexico
1965-1970
Aliens
Occupation
(1970)
(1970)
(1975)
White Collar Workers
11.7
6.7
1.2
Prof; Tech & Kindred
3.2
2.1
0.5
Owners; Mgrs. and
Admin. except Farm
3.0
1.0
I
Sales Workers
2.3
1.0
0.7
Clerical & Kindred
3.2
2.6
--
Blue Collar Workers
61.2
63.2
54.8
Craft & Kindred
Workers
18.8
13.8
14.3
Operatives
27.4
33.5
22.6
Nonfarm Laborers
15.0
15.7
17.9
Service Workers
11.5
13.4
16.9
Farm Workers
15.6
16.7
27.0
Total
100.0
100.0
100.0
Sample Size
(1)
(1)
407
Note: Detail may not add to total due to rounding.
(1) Five percent sample of the U.S. population.
Source: Columns 1 and 2: 1970 Census of Population, Subject Reports
PC (2) -1A, National Origin and Language -- Table 18, p. 487. Column 3:
David North and Marian Houstoun, "The Characteristics and Role of
Illegal Aliens in the U.S. Labor Market," Linton and Co., Inc., 1976,
Table V-5. See footnote 36 in p. 165.
- 170 -
In summary, from Chapter IV and this chapter it appears
that apprehended illegal aliens differ demographically from
the resident foreign born population. The apprehended
illegals are more likely to be young adult males, in low
skilled occupations, and unemployed. However, these
differences narrow dramatically when the comparisons of
illegal aliens with the foreign born are done separately for
persons of Mexican and non-Mexican origin, and when the
foreign born are recent immigrants. This suggests that use-
ful insights about male illegal aliens may be obtained from
analyses for the foreign born, if particular attention is
given to the effects of country of origin and tenure in the
United States. These conclusions must remain tentative and
preliminary, however, until we obtain more and better data
on the illegal population.
C. THE IMPACT
The impact of illegal aliens on the U.S. labor market is
difficult to assess because there is little information on
the number of illegal aliens in the United States, their
earnings, schooling and job training, their knowledge of
English, and their tenure in the United States. However,
legal immigration may pose many of the same problems associated
with illegal immigration. By combining an analysis of the
earnings and economic ramifications of immigrants in general
with what little is known about how illegal aliens differ
- 171 -
from legal immigrants, one can draw inferences about the
earnings and labor market impact of illegal aliens. This
section first considers the earnings of foreign born men,
and the native born sons of the foreign born, to analyze
the effects of tenure in the United States and country of
origin and to see if they form a disadvantaged group. It
then discusses some aspects of the impact on others through
an examination of "guest worker" programs.
39/
Earnings of Immigrants
Upon arrival illegal aliens may be at a greater earnings
disadvantage than foreign born persons who are legal residents
with similar skills and a similar tenure in the United States
because the former will tend to avoid situations that could
result in their illegal status being revealed to the
authorities. This earnings disadvantage may include wage
discrimination by employers who know or suspect that they are
illegals. It is likely, however, that over time, illegal
aliens learn how to mask their illegal status. This is
suggested by the large proportion of recent arrivals among
those apprehended by INS district office investigators. If
so, the earnings disadvantage of illegal aliens relative to
legal foreign born residents would diminish over time. Thus,
39/ The analysis of the earnings of the foreign born and
foreign parentage is based on Barry R. Chiswick, "The Effect
of Americanization of Earnings," mimeo, July 1976, and uses
data from the 1970 Census of Population.
- 172 -
the earnings history of foreign born persons may provide
useful insights into the likely experiences of illegal aliens.
Although the native and foreign born white men had
approximately the same annual earnings in 1969 (Table 3),
they differed in several important characteristics associated
with earnings. Foreign born men have a lower level of
schooling, a mean of nearly 11 years compared to a mean of
nearly 12 years for the native born. However, foreign born
men are nearly three years older and are more likely to live
in urban areas and outside the South. Although the average
annual earnings of the foreign born are 1 percent lower than
the native born, using regression analysis it is found that
for persons of the same schooling, age, marital status, and
place of residence, the foreign born have weekly earnings
that are 3 percent higher than those of the native born.
Among foreign born men the effect on earnings of an
extra year of schooling and an extra year of labor market
experience prior to immigration is lower than the effect of
schooling and experience for the native born. This may arise
because there are elements in the knowledge and skills acquired
in school and in job related training (labor market experience)
that are country specific. That is, knowledge and skills may
have a large impact on earnings in the country in which they
are acquired.
- 173 -
Table 3. Means of Earnings Related Characteristics of White Men
Age 25 to 64 by Nativity Status, 1969
Variable
All Men
Native Born
Foreign Born
1) Earnings ($)
9,734.09
9,738.13
9,662.01
2) Education (years)
11.84
11.90
10.83
3) Age
42.92
42.77
45.64
4) Weeks Worked
48.16
48.22
47.16
5) Percent Rural
29.39
30.39
11.49
6) Percent South
28.03
28.88
12.89
7) Percent Not "Married
Spouse Present"
14.76
14.66
16.53
8) Percent Foreign Born
5.31
0.0
100.00
Number of observations
(a) All -- 36,245
(b) Native Born -- 34,321
(c) Foreign Born -- 1,924
Source: 1970 Census of Population, 1/1,000 Sample, 5 percent
questionnaire.
- 174 -
Earnings rise with tenure in the United States for the
foreign born, presumably because after immigration they
acquire knowledge and skills that are specific to the United
States. Five years after immigration the foreign born have
earnings 10 percent lower than the native born (other things
the same), but earnings are approximately equal after 13 years,
6 percent higher after 20 years, and 13 percent higher after
30 years. For this effect to emerge, among persons of the
same age, schooling and area of residence, the foreign born
would have to have more innate ability, motivation or other
earnings generating characteristics than the native born.
If the distribution of ability were the same in the United
States as elsewhere (schooling and age constant), this would
suggest a selectivity bias in migration -- that is, a tendency
for the migrants to be of disproportionately high ability or
highly motivated people.
There is an effect on earnings of the country of birth
of foreign born white men. For the same schooling, age, etc.
country of origin is generally not related to weekly earnings,
with men from Mexico and Cuba being primary exceptions.
Compared to the earnings of other foreign born men those from
Mexico and Cuba have earnings that are lower by 33 percent
and 24 percent, respectively.
To determine the cause of the lower earnings for men born
in Mexico, these persons can be compared with native born men
- 175 -
of Spanish surname living in the five southwestern states.
Largely because they have less schooling and fewer weeks of
work during the year, men born in Mexico had annual earnings
that were 22 percent lower than the native born men of Spanish
surname. However, for men of the same age, schooling and
place of residence there was no difference in earnings. The
earnings of men born in Mexico are sensitive to the number
of years since migration to the United States. Although
initially the earnings of Mexican-born men are substantially
lower than for native born Spanish surname men, they rise
rapidly with tenure in the United States and reach equality
with that of native born Spanish surname men after 15 years,
and are higher thereafter. The Mexican/Spanish surname
analysis suggests that the earnings disadvantage of immigrants
from Mexico compared to other immigrants reflects problems
shared in common with native born Mexican-Americans. That
is, it is an ethnic group, rather than an immigrant group,
effect.
The Cuban born are geographically concentrated (urban
Florida) and are relatively recent migrants. At this time it
is too early to determine whether their lower earnings arise
from their being recent migrants and that this disadvantage
will decrease over time, or whether it reflects longer term
or permanent effects possibly arising from the different moti-
vation for migration than other recent immigrants.
- 176 -
There do not appear to be adverse second generation
effects. Men of foreign parentage have annual and weekly
earnings about 12 percent higher than men with native born
parents (Table 4). About one-half of this difference arises
because second generation Americans are less likely to live
in a rural area or in the South. The native parentage and
foreign parentage have a similar level of schooling.
Earnings are lower (by 2.0 to 4.5 percent) if a
language other than or in addition to English was spoken in
the home when the person was a child and it appears to matter
which parent is foreign born. Compared to persons with both
parents native born, those of foreign parentage
have earnings that are 7 to 8 percent higher if only the
father is foreign born, but there is not significant difference
if only the mother or both parents are foreign born. Persons
of Mexican parentage do have lower earnings, as is also true
of Mexican-Americans whose parents were born in the United
States. Again, this appears to reflect an ethnic group rather
than an immigration group effect.
In brief, these findings suggest that the earnings of
white foreign born men are not substantially different from
white native born men. Concerns that immigrants (or their
descendants) form a long-term "underclass" appear to be unfounded.
While immigrants from Mexico have lower earnings, this is also
- 177 -
Table 4. Means of Earnings Related Characteristics of Native
Born White Men, Age 25 to 64, by Nativity of Parents,
1969
Both
One or
parents
both parents
native
foreign
Variable
All
born
born
1) Earnings ($)
9,653.53
9,441.93
10,567.98
2) Education (years)
11.91
11.92
11.85
3) Age
42.72
41.71
47.08
4) Weeks Worked
48.27
48.27
48.28
5) Percent Rural
30.24
33.14
17.70
6) Percent South
29.24
33.60
10.37
ewo.
7) Percent not "Married
II
Spouse Present"
14.44
14.55
13.96
tb
8) Percent Father
Foreign Born
16.24
N.A.
86.41
9) Percent Mother
Foreign Born
13.91
N.A.
74.02
10) Percent Both
Parents Foreign
Born
11.36
N.A.
60.43
11) Percent One
Parent Foreign
Born
18.79
N.A.
100.00
12) Percent in which
a Langauge other
than English was
Spoken in the Home
22.69
12.73
65.76
Number of observations
(a) All -- 33,878
(b) Native Parentage -- 27,512
(c) Foreign Parentage -- 6,366
N.A. -- not applicable
Source: 1970 Census of Population, 1/1,000 Sample, 15 percent
questionnaire.
- 178 -
true of Spanish surname people whose ancestors have lived in
the United States for many generations. The foreign born
initially have less training and knowledge specific to U.S.
labor markets, but this disadvantage appears to be overcome
as time passes and, other things the same, the foreign born
eventually have higher earnings than the native born.
The implication is that, if left undetected, illegal
aliens may experience a similar earnings history. Initially,
however, their attempts to evade the authorities may result
in somewhat lower earnings than legal foreign born residents.
Apprehended illegal aliens tend to be disproportionately of
Mexican origin and disproportionately recent arrivals and can
therefore be expected to have lower earnings than the overall
native born or foreign born population.
Bracero Program
The end of the Bracero Program in 1964 provided an
excellent opportunity to gain insight into the effects of a
reduction of immigration on the sectors that employ unskilled
aliens. Officially sanctioned use of Mexican nationals in
U.S. agriculture ran from 1941 to 1964 with statutory authori-
zation granted in 1949 (Public Law 78). The use of braceros
was restricted to areas where the Secretary of Labor certified
that: (1) a shortage of bona fide domestic farm workers
existed; (2) the employer had unsuccessfully sought to hire
- 179 -
native labor; and (3) the wages and work conditions of domestic
agricultural workers would not be impaired.
The peak period was 1955-59 with over 400,000 workers
annually. Employed in 30 states, 79 percent worked in Texas
and California with cotton as the major crop throughout the
period. During the last years (1960-64) the numbers declined
steadily. Demand for unskilled labor was sharply reduced by
mechanization, larger farms and capital intensive crops in
U.S. agriculture, as well as by stricter Department of Labor
40/
regulations governing the use of foreign nationals.
A rise in farm wage rates in areas formerly using
braceros was one major result of the end of the Bracero
program. Nationally, the hourly wage rate for farm workers
not receiving room and board increased 2.9 percent per year
between 1955 and 1964. In 1965 it increased 5.6 percent,
the largest annual increase since the Korean War. The
sharp rise in wages in 1965 was a once-and-for-all effect as
the supply of U.S. labor adjusted to the new circumstances.
The decreased use of foreign farm workers expanded
employment for U.S. workers by about 100,000 in 1965. At the
August peak, 86,000 more Americans were employed as seasonal
workers than one year earlier and unemployment for agricultural
labor fell to 4.8 percent from the 6.5 percent in the previous
year. This sharp decline in unemployment was temporary, a
40/ U.S. Department of Agriculture, Economic Research Service,
Termination of the Bracero Program: Some Effects on Farm Labor
and Migrant Housing Needs, Rept. No. 77, June 1965, pp. 4-6.
- 180 -
short-term response to an unexpectedly tight labor market for
legal residents working in this sector. The U.S. balance of
41/
payments improved by an estimated $50 million annually.
The impact of the Bracero program was directly addressed
42/
by a study of the cucumber industry in Michigan.
Prior to
1964 the majority of cucumber pickers were Mexicans. Although
farm employers had claimed that U.S. workers would not pick
cucumbers, in actual practice, U.S. workers became available
as wages increased and nonwage provisions of employment
improved. Another consequence of the curtailed supply of
Mexican labor and the higher wages was an increase in the
capital-labor ratio, as growers increased their use of
mechanical harvesters. However, the increased costs of pro-
duction lowered the income of Michigan cucumber farm owners
and raised the price of cucumbers compared to what they would
have otherwise been.
Two empirical studies that have some bearing on these
43/
issues are by A. Ericson and Brian Rungeling.
They studied
the labor market impact of Mexican commuters who crossed the
41/ Final Report, California Farm Labor Panel to Secretary
of Labor Wirtz, 12/1/65, L.A., Calif.
42/ John D. Mason, "The Aftermath of the Bracero: A Study
of the Economic Impact on the Agricultural Hired Labor Market
of Michigan from the Termination of Public Law 78" (unpublished
Ph.D. dissertation, Michigan State University, 1969).
43/ A. Ericson, "The Impact of Commuters on the Mexican
American Border Area," Monthly Labor Review, 98 (August, 1970) ;
Brian Scott Rungeling, "Impact of the Mexican Labor Commuter
on the Apparel Industry of El Paso, Texas," (unpublished Ph.D.
dissertation, University of Kentucky, 1969).
- 181 -
Mexican border daily to work in the United States. They found
that in the border cities where commuters are working, wages
were lower and unemployment rates higher than in the rest of
the border areas and the country as a whole.
The Bracero experience illustrates some important points
underlying the impact of immigrants. First, employers of alien
labor do not want the migration curtailed as this tends to
raise labor costs. Second, the U.S. workers' "disinclination"
for jobs usually held by alien labor declines as there are
improvements in wages and working conditions. Third, U.S.
workers may exaggerate the adverse employment effect of alien
workers by assuming that a job held by an alien necessarily
means one less job for a citizen.
European Guest Workers
The countries of northern Europe have in the last decade
made extensive use of imported labor for manufacturing and
44/
service jobs in a manner similar to our Bracero program.
It is sometimes suggested that this may serve as a model for
a U.S. guest worker program for nonfarm jobs. Although there
is little hard data on the impact of the European guest
workers, a review of the European experience may provide in-
sights into the likely effects of a similar program for the
United States.
44 / In Western Europe there are about 10 million foreign
workers. The largest impact is in Switzerland where almost
1 million alien workers comprise one-quarter of the labor
force.
- 182 -
The immigration to the more developed European countries
was in response to the rising real incomes and wages that
accompanied the economic growth in the post-World War II
period. The rising wages for low skilled workers would have
increased the cost of many goods and services, and provided
an incentive to bring in lower wage workers to mitigate the
low skill "labor shortage." Many believe that this contributed
to Europe's economic growth in the 1960's. With the slower rate
of economic growth in the 1970's and particularly the recession
triggered by the 1973 oil crisis, the relative importance of
guest workers has declined.
Opinions are shifting as to the long-term economic and
political benefits and costs of the guest worker programs.
Clearly, the workers migrate in response to jobs that would
presumably otherwise not be done or would be done at a higher
cost. When they first arrive, guest workers accept low wages,
come without their families and place few demands on the
social service structure. Thus wages for low skilled workers
are held down and existing industrial capacity is used more
productively than otherwise.
Many migrants initially perceived themselves as temporary,
seeking to save some money and then return to their native land.
They soon find that their goal to return home is overtaken by
the desire for the "good life" in the host nation, the high
living costs which make it more difficult to save than had
- 183 -
been anticipated, and by their acquiring skills that are oq ed
productive in the host country. Although they are generally, M
cultural and often ethnic strangers, many do not return after
the first few years and are eventually joined by their
families or marry into the local community. Once established,
other relatives and fellow villagers tend to join them. As
a result, the demands on housing and social services increase.
And, as they acquire skills and knowledge of the country they
become more competitive with native workers for jobs and
housing.
As a result of a growing number of guest workers, rising
ethnic (nationalistic) tensions, and the recent recession in
the developed countries, policies toward guest workers have
changed. However, the magnitude of the actual decline in the
use of guest workers is difficult to quantify. In November
1973, Germany announced an end to new guest worker migration.
In mid-1974, France followed. The Swiss have declared a
ceiling of 600,000 guest workers, down from 1 million, and in
Holland numbers are being cut severely despite economic advice
which calls a steady supply a stimulus to economic growth.
The Dutch government has articulated its stand in a compre-
hensive document which argues for stabilizing the present
foreign population through family reunion but then ending
migration, even at the expense of a diminution in growth.
The European experience suggests that beyond some point it may
- 184 -
be politically and socially, if not economically, better to
move capital and modern technology to unskilled labor in the
poorer countries, instead of bringing unskilled labor (and
the resulting social conflict) to the developed nations.
- 185 -
D. SUMMARY AND CONCLUSION
We would expect a large net inflow of illegal alien
workers to have an important impact on the economic conditions
of the U.S. resident population. The illegal migration appears
to be in response to better job opportunities in the United
States than in the country of origin, and an inability to
acquire a legal status. With regard to the domestic economic
impact, the important questions are the nature and magnitude
of the effects on the total income received by the legal U.S.
population and on the distribution of this income through
changes in the occupational distribution, unemployment,
relative wages, profits and relative prices. Although quali-
tative statements can be made, given our limited information
on the size and characteristics of the illegal alien labor
force, and on the supply and demand responses in the markets
for factors of production and for goods and services, it is not
possible at this time to quantify these impacts.
To the extent that illegal aliens are predominantly lower
skilled workers, their presence tends to lower the wages and
working conditions of U.S. workers in low skilled jobs. In
the adjustment process, domestic unemployment tends to increase.
Over time, however, if the illegal aliens are able to mask their
illegal status they can acquire skills and knowledge more
relevant to U.S. labor markets and their earnings would
increase. They then become more competitive with more skilled
U.S. workers.
- 186 -
The presence of these illegal alien workers tends to raise
the average real income of the legal resident population. This
effect is mitigated to the extent that the illegals' use of
social services and their impact on the criminal justice
system exceeds their contribution in the form of taxes. Most
apprehended illegal aliens are young adult males who seek to
avoid contact with the authorities. If they are representative
of the illegal alien population, the use of services by illegal
aliens is likely to be relatively small. However, if they were
to bring their families with them, their use of social services
might exceed the value of their taxes.
Public policies with regard to illegal aliens (and
the size of legal immigration) should take full account
of the effects on both the total income of the legal
population and the distribution of this income. However,
while fewer restrictions on immigration may increase the
average real income of the resident population, the
increase creates declining real incomes for those most
competitive with the new immigrants. Historically,
policy has been directed at minimizing or eliminating
such adverse effects.
- 187 -
This chapter has outlined the variables and parameters
of interest in a study of the economic impact of immigrants,
whether legal or illegal. For many of these parameters a
priori analysis indicates the sign, or direction of the effect.
Further research is needed, however, to extend the theoretical
analysis and to quantify the relevant parameters. The latter
is essential for the estimation of the magnitude of net effects.
This type of analysis would provide insight into the optimal
size and structure of immigration, and serve as an aid in the
reevaluation of immigration policy.
- 188 -
CHAPTER VI - ILLEGAL IMMIGRATION: SOCIAL ISSUES
The issue of employment and earnings of illegals
comprisesone important component of the domestic impact
of illegal aliens. A variety of other issues are presented
by the undocumented migration of large numbers of people to
the United States. Loosely defined as the social issues,
they are most keenly felt at the community level where they
affect in very basic ways thousands of individuals and
institutions daily. The framework within which the social
issues develop is an outgrowth or extension of the migration
principles discussed in Chapter II. It should again be noted
that migration is to some extent influenced by laws and
policies of host and sending nations. However, it is
fundamentally characterized by general principles and
patterns which transcend the particular institutions and
regulations of individual countries. This same theme applies
to re-settlement of population groups.
45/
A. SETTLEMENT PATTERNS OF MIGRANTS
The movement of migrant workers from one country to
another proceeds in general according to four stages.
45 This section is based on Marshall, Ray, "Economic Factors
Influencing the International Migration of Workers", Paper
presented at Weatherhead Foundation, San Antonio, April 15,
1975; and Power, Jonathan, "Europe's Army of Immigrants",
based on paper commissioned for International Institute
for Environment and Development, 1974.
- 189 -
1. Young, unmarried adults predominate having moved
from rural areas of the sending country (ies).
Often they find employment in the agricultural
sector. The migrants' intention tends to be to
remain temporarily and return home with enough money
to improve life there. These workers are generally
the more highly educated and aggressive of the
working classes from which they originate.
2. Married men join the younger, unmarried adults
attracted by stories of opportunity told by
returning workers. In both the first and second
stages, there is considerable movement back and
forth between source and host countries and the
host country invariably treats the workers as
temporary.
3. Single adults marry natives of the host country
and married men send for their wives and families
to join them. Movement between countries declines.
This stage is brought on by a basic change in
aspirations, skills and acculturation of the worker.
Sending country conditions no longer appear attrac-
tive relative to life in the host country and hope
for the future attaches to the new home. It is with
the change in aspirations that the conditions which
turn temporary workers into permanent residents are
set in motion. The change in aspirations is fueled
by the increased use of migrants in occupations
other than those of the initial penetration point.
Favorable experience by host country employers
creates the continuing demand which renders the
process self-sustaining.
4. Supporting populations of ethnic employers,
religious leaders, social service agencies and
small businesses appear. They cater to the new
groups and are sustained by them.
Thus alien workers often first enter the host country
with the objective of earning money to gain particular
objectives and return home. While many return, many remain
undergoing a change in aspirations born of experiences and
conditions no longer compatible with realities in their
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native country. This change is reinforced by positive
employer reaction to the use of foreign workers.
Host countries, on the other hand, tend to adopt
measures which restrict employment of migrants and their
pattern of movement to the second stage attempting to
maximize the productivity of the workers and minimize the
net burden of their non-working family members on the social
infrastructure and fabric of the host society. Restrictions
usually include limiting the employment of the aliens to
occupations native workers spurn. The general tendency of
native workers to move out of low status jobs is charac-
teristic of economic growth and creates a demand for immi-
grant workers to fill "undesirable jobs" which, if not
redefined, stimulate migration.
Despite the attempt, restrictions rarely succeed in
preventing permanent settlements. The social and economic
forces which bring about a change in the alien's aspirations
and job opportunities are greater than the attempts made to
check them. Employers will substitute foreign workers for
natives as quickly as possible. Friction between native
and alien workers tends to be minimal in a growing economy
but intensifies during times of unemployment. The competi-
tion for jobs exacerbates social relations, even though it
may increase the income of the native population as a whole.
Tension is magnified by the family settling features of stage
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three causing competition for housing and increased
participation in public programs. When racial and ethnic
differences enter in, conflict is even more likely.
Over time, as the foreign worker's aspirations
incorporate those of the host country, his initial
satisfaction, and more particularly that of his children,
shifts to dissatisfaction with discrimination and a desire
to obtain equal rights. The second generation acquires
greater skills and tends to shun the low status jobs
filled by their parents. The demand for cheap labor
remains, filled, presumably, by fresh supplies of
"temporary" foreign workers.
This model is based largely on the experience of
worker importation areas such as Europe and the Virgin
Islands. Though we cannot prove or disprove its
specific features at this time, the research which has
been done on U.S. illegal immigration (see Chapters IV
and V) tends to support it. Most likely different
regions of the country, different ethnic groups and
different economic sectors are passing through divergent
points of the sequence simultaneously. Under certain
circumstances stages may even be bypassed. Nonetheless
it offers a framework for understanding some of the
social issues attendant to migration.
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B. THE WELFARE ISSUE
Much of the attention which has been given to the illegal
alien turns on the question of enforcement, jobs, and welfare.
Social impact is generally treated via contentions that
illegals place substantial burdens on the welfare system.
Varying claims, not necessarily supported by hard data, have
been made by individuals and by local units of government on
this point. Some examples of these claims are:
-- A Los Angeles County grand jury recently
cited an annual cost of $3.7 million in
health care and welfare burdens caused by
illegals due to 3,500 aliens receiving
assistance. It stated that in 1975, $10.8
million was expended on medical care of
illegals. HEW has been sent a bill for
this care as the county defines the problem
as a federal one.
-- Los Angeles County officials have estimated
that the termination of welfare to 2,600 illegal
aliens has saved $2.7 million in federal, state
and county funds.
-- New York City alleges that there are nearly
2 million illegals in the metropolitan area
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draining health, education and welfare services
for which revenue sharing funds, allocated on
the basis of U.S. Census counts, are insufficient.
They have called on the federal government to
remove the aliens or pay for the expenses the
impacted communities disproportionately incur.
-- San Diego County officials have stated that during
the years 1971-1975 approximately $1.9 million
has been spent on 943 illegal alien patients with
the largest category of care being deliveries of
babies.
-- The Immigration and Naturalization Service
frequently quotes a figure of $13 billion as the
national annual cost in services of illegal aliens.
In the broadest sense, public services could include
police and fire protection, water and sewage treatment,
highway construction, the availability of parks and
recreational facilities and the enforcement of labor laws
which protect the rights and health of workers. Welfare
refers to participation in one or more programs which
assist low income families -- General Assistance, Supple-
mentary Security Income, Medicaid, Aid to Families with
Dependent Children and Food Stamps, Social Security and
Unemployment Insurance. Families headed by males who are
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not disabled and not aged cannot get benefits from these
programs with the exception of Food Stamps. Social Security
and Unemployment Compensation are also income transfer
programs but benefits are contingent upon prior contribution
through work rather than low income.
General Assistance
General Assistance is a wholly state-funded benefit
program for unemployable persons who are economically
disadvantaged. The programs are usually used to provide
benefits to such individuals while their application for
participation in federal programs is pending. The regula-
tions governing General Assistance are different in each
state. While some establish citizenship requirements,
there is no information on whether or not a substantial
problem exists. However, since General Assistance is a
transitional program, illegal aliens would become subject
to federal program requirements as their applications are
processed. It is also a very small program. Therefore,
it is unlikely that any significant amount of assistance
is given to illegals under General Assistance.
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Supplementary Security Income (SSI)
Title XVI of the Social Security Act establishes the
Supplementary Security Income program. SSI is designed to
"provide supplemental security income to individuals who
have attained age 65 or are blind or disabled." The legis-
lation prohibits the delivery of services to illegal aliens
by requiring that a participant be:
a resident of the United States and either
(i) a citizen or (ii) an alien lawfully
admitted for permanent residence or other-
wise in the United States under color of
law (Section 1614(a)).
Although not legislatively mandated, the same requirement has
been adopted through regulation by the following programs:
Medicaid, Aid to Families with Dependent Children and Food
Stamps. As the data in Chapter IV suggests, few illegals
are aged and could not therefore get SSI benefits.
Medicaid
The Medicaid program is authorized by Title XIX of the
Social Security Act. Federal funds are made available to
supplement state funds in providing medical services to the
economically disadvantaged. While the legislation is silent
as to alienage/citizenship, HEW regulations specify that
reimbursement cannot be made for services to illegal aliens.
The language of the regulations is identical to that of the
Supplementary Security Income program. Some states have
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requested reimbursement for expenditures in providing services
to illegal aliens arguing that:
1. To deny emergency room treatment to
anyone is unconscionable
2. The denial of services to illegal
aliens creates a potential health
hazard for the entire population
3. Immigration law and consequently
illegal aliens are a federal
responsibility.
However, these arguments are not acceptable under current
regulations. Only AFDC and Social Security participants
and the "medically indigent" are eligible for benefits.
Aid to Families with Dependent Children (AFDC)
Title IV of the Social Security Act authorizes federal
payments to the states for programs to furnish "financial
assistance and rehabilitation and other services to needy
dependent children and the parents or relatives with whom
they are living to help maintain and strengthen family life."
Intact families with a non-disabled male head cannot generally
get benefits. The AFDC legislation does not establish require-
ments relating to citizenship/alienage. However, this condition
is established by regulation.
Food Stamps
The Food Stamp program enables low income families to
purchase coupons at a discount which are redeemable for food
purchases. The legislation for the program is silent on the
- 197 -
issue of citizenship. Requirements have been established by
regulation and are identical to those found in the Supplementary
Security Income legislation. In the Food Stamp Certification
Handbook (August-1974), state agencies administering the
program are instructed to verify the citizenship or legal
status in "questionable cases." They are further advised that
"to require verification for all cases would be an unreasonable
imposition." While state programs are not required to use
any specific application form, a recommended form, which
includes a question on citizenship, is published in the Hand-
book. It is also interesting to note that those agencies
which administer the program are directed to report suspected
illegal aliens to the INS.
Federal Old Age Survivors, and Disability Insurance Benefits
Social Security)
The Social Security program furnishes retirement income
to persons over 65 years of age and to the disabled. Since
it depends on employee contributions, it is different from tax
FORD
base programs. Since 1972, applicants for Social Security
cards have been required by law to provide proof of citizen-
ship or legal residence. Consequently, there should be no
citizenship issue with recent applicants. No provision of the
legislation or regulations would prohibit illegal aliens from
receiving benefits if they secured a card prior to 1972.
However, benefits depend on past contributions which is based
on work history under Social Security.
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Unemployment Insurance
This income transfer program is a set of programs which
provide income for workers who are unemployed. Some occupations,
such as agriculture, are not covered. Largely financed by a
payroll tax, neither the authorizing legislation nor the
regulations make any mention of citizenship. While individual
states could possibly establish such requirements, none has
them at present. A proposed amendment to the authorizing
legislation would establish such a requirement nationally if
it became law (proposed amendment to HR-102210). At present,
however, illegal aliens who work in jobs covered by the program
have the same right to benefits as any other worker. However,
a work history requirement is an integral part of the program.
- 199 -
Thus most public assistance programs are required by
regulation or statute to screen for citizenship status. We
have not attempted to ascertain the effectiveness of these
screening procedures. In addition, eligibility and use of wel-
fare programs are largely restricted to women without husbands
but with dependent children, the elderly, the sick who are
poor, and the disabled. Relatively few non-aged men are public
assistance program users except through Unemployment Compen-
sation and Food Stamps. It is difficult to make generalized
statements about the characteristics of illegals or their impact
on the basis of the limited data available. However the data
currently available points to an illegal alien population which
is overwhelmingly young (70% under 30) and employed, character-
istics unlike those of public assistance recipients. Substan-
tial proportions of illegals seem to be sending remittances to
the country of origin (75%) and paying social security (77%)
The North-Houstoun research shows that only 1.5% used food
stamps, 4% collected unemployment and 4.6% received free health
care.
Neither the allegations of massive incursions into wel-
fare, more precisely income transfer programs by illegals,
nor the limited research which shows the opposite, are neces-
sarily reliable. A great deal of attention should be given
to the development of a profile of the illegal alien popula-
tion characteristics which might serve as the basis of a com-
parison with the profile of those receiving public assistance.
- 200 -
The task forces have examined the subject closely, however,
and find the welfare fraud arguments to be somewhat overdrawn
on the basis of the current evidence.
Instead, welfare usage should be regarded as but one
of a range of issues that arise as handmaidens of settlement.
Our model suggests that welfare usage would increase in the
latter stages of settlement. Before any accurate assessments
can be made about current and prospective welfare burdens,
we will need to know more about: (a) the extent of family
relationships involved in our illegal alien numbers; (b) the
duration of stay and mobility of illegal alien groups; and
(c) the efficacy of procedures to assure that only eligible
individuals receive benefits.
-201 -
C.
SOCIAL AND COMMUNITY IMPACT
Population Growth
In recent years, the U. S. has experienced declining
birth rates and an attendant slowing in overall growth. As a
result the subject of population growth has begun to surface
as an important component of immigration policy considera-
tions. Since we do not know the extent of illegal immigra-
tion today, we cannot define the proportion of population
growth it creates. However, it is instructive to assess the
role legal immigration plays in population growth as an avenue
toward revealing the relationship between population growth
and illegal immigration.
Immigration has, since the 1965 amendments to the
Immigration and Nationality Act, assumed increased importance
as a major contributor to U.S. population growth. It is less
than we experienced during the peak years prior to World War I
but more than that of the post-World War II years.
The 1972 report of the Commission on Population Growth
and the American Future shows that the relative importance of
immigration as a component of population growth has and will
increase significantly as a decline in birthrates lowers the
natural increase. Between 1960 and 1970 about 16 percent of
total population was due to net immigration. If net
- 202 -
immigration is maintained at the current rate (approximately
400,000 per year) and all families have an average of two
children, immigration between now and 2000, plus descendants,
will number 15 million, nearly one-fourth of the total
projected population increase for that period.
In July 1976, the Subcommittee of Population Education,
Federal Interagency Committee on Education published a report
entitled Population Education and the Federal Role. The
report notes the impact of international migration on U.S.
society. If both fertility and illegal immigration continue
at current levels, all growth in the U.S. will derive from
immigration by the year 2035. Today legal immigrants
account for about 30% of the U.S. population growth and
because of the present low fertility the relative contri-
butions of immigration to population growth is increasing
yearly.
Not only the growth but the distribution of population
is affected. Immigrants prefer metropolitan areas and
concentrate in a few. states. Assuming current tendencies
prevail, two-thirds will settle in six states -- New York,
California, New Jersey, Illinois, Texas and Massachusetts.
Immigration as defined and experienced by the United
States pursuant to the law is a central factor in growth.
To the extent that some workings of the current law
contribute to illegal immigration, and to the extent that
we have been relatively unable to control the sheer size
- 203 -
of such a migration, immigration becomes all the more
important as a determinant in projecting future population
growth. Levels of illegal immigration are not accurately
known, but most recent estimates run to several million
yearly. Since FY 1974, INS apprehension statistics for
illegal aliens have hovered around three-quarters of a
million annually. At an estimate of 1 million persons per
year, the United States population increase of 1.2 million
persons in 1975 is in effect doubled as a result of illegal
immigration. The following table of U.S. Population Pro-
jections gives us some indication of the effects of legal
and illegal immigration given the historically low, current
fertility rate of 1.8 children per woman and given the
replacement fertility rate of 2.1 children per woman.
Although this information is insufficient to judge the
extent of the impact that immigration, both legal and illegal,
will have on the U.S., it is sufficient to indicate that
serious consideration must be given to the question of the
proper level of immigration in the context of dwindling
resources and desired growth.
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U.S. POPULATION PROJECTIONS
1.8 TFR plus
1.8 TFR plus
2.1 TFR plus
2.1 TFR plus
YEAR
400,000 immig.
1.2 M immig.
400,000 immig.
1.2 M immig.
1980
222,966,000
223,548,000
227,253,000
227,852,000
1985
232,526,000
236,050,000
241,517,000
145,187,000
1990
240,999,000
247,393,000
255,021,000
261,754,000
1995
247,746,000
256,844,000
267,084,000
276,776,000
2000
253,252,000
265,289,000
278,205,000
291,170,000
2005
258,129,000
273,980,000
288,986,000
306,213,000
2010
262,400,000
282,954,000
299,374,000
321,883,000
2015
265,758,000
291,420,000
308,980,000
337,302,000
2020
267,877,000
298,826,000
317,412,000
351,855,000
2025
268,608,000
305,173,708
324,470,000
365,511,000
The first column of data assumes a continuation of the current fertility
rate of 1.8 children per woman, a legal immigration rate of 400,000
immigration, and an illegal immigration rate of zero. The second column
assumes a continuation of the current fertility rate, plus a legal
immigration rate of 400,000 and an illegal immigration rate of 800,000.
The third column assumes an increase in fertility to replacement level
(2.1 children per woman) by 1980, a legal immigration rate of 400,000
and an illegal immigration rate of zero. Column four assumes an
increase in fertility to replacement level by 1980, plus a legal
immigration rate of 400,000, and an illegal immigration rate of 800,000.*
*Assumptions
1 Population size equals the total U.S. population including armed forces overseas as
of July 15, 1975 (by age and sex).
2 Age and sex structure of all immigrants (both legal and illegal) is the same.
(Source: Census Bureau, Current Population Reports, Series P-25, No. 601, p. 134.)
3The survival ratios are different for males and females but are similar for all
races and for natives and immigrants. (Source: Census Bureau, Current Population
Reports, Series P-25, No. 601, p. 130. )
4 That average age-specific fertility rates for women age 15-49 are used. Fertility
rates apply to all women by single year of age, regardless of race or nationality.
5 The timing of births (proportionate distribution of births to women) is similar
to the actual childbearing pattern of 1973. The timing of childbearing is assumed
to be the same for all races and for natives and immigrations. (Source: Census
Bureau, Current Population Reports, Series P-25, No. 601, p. 125.)
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INS Enforcement
Immigration policy in general and its effects on
certain groups within the society in particular have
always been the source of varying degrees of controversy
and bitterness. Today the most vigorous opposition to
enforcement policy comes from the ethnic groups and
communities that find significant numbers of illegal
aliens in their midst. Their attitudes, rooted in negative
experiences and a history of racial-type conflicts, have
the potential for causing serious conflict at the local
level in the future.
Two distinct types of community organizations are
openly critical of INS enforcement policy. One of these
can be classified as ethnic civil rights organizations,
the other as groups which defend the rights of aliens
in general.
1. Ethnic Community Organizations
These groups are composed of American citizens
who are members of an identifiable ethnic group and
consider themselves singled out for enforcement
emphasis because of their cultural origins. They
resent having to prove that they are U.S. citizens
when other Americans are not required to do SO.
Because the majority of the enforcement effort is
now directed at Mexican illegal aliens, it is prin-
cipally Hispanic groups that have raised charges
of civil rights violations. Any enforcement activity
which has the appearance of being targeted towards
Hispanic or any other ethnic community will continue
to inspire strong criticism.
- 206 -
2. Aliens' Rights Organizations
According to these organizations, aliens have
rights under the Constitution which are
consistently violated by INS. Such organizations
would like to have the rights of aliens recognized
and clearly defined by law. Such rights may include:
freedom from discrimination in employment, and recogni-
tion of the right to receive services, the right to
counsel. Some of these groups would like the U.S. to
adopt a much more open immigration policy.
The strongest reaction to INS enforcement activities
in the past has been caused by residential or community
enforcement tactics. Residential enforcement involves
surrounding an entire city block and questioning everyone,
raiding movie theaters and boarding houses and questioning
persons at bus stops on their way to work. These techniques
antagonized many persons because they seemed to imply that
members of these communities were second-class citizens
or were all here illegally. Many complaints have been
in response to such raids; INS has recently abandoned
such techniques.
Community reaction to employer-focused enforcement is
much milder. Such activity bears little apparent relation-
ship to the ethnic group even though it may make up the bulk
of the employees. If the employer is cooperative, the
inspection may be limited to the examination of personnel
records. If the visit is in response to a tip, INS may
already have the names of the persons it is seeking.
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More than 80 percent of the illegal aliens apprehended
by INS are located at the border or a few miles inland.
Much of the border enforcement activity generates relatively
little adverse reaction. If the apprehension is made under
circumstances which clearly indicate that the individual
has just crossed the border at other than a port of entry,
no civil rights violation can be alleged. However, the
questioning of individuals at bus stations close to the
border and at checkpoints along the highway remains a
source of friction between the Border Patrol and the
Mexican-American community in the Southwest. Persons
chosen for questioning are usually dark skinned and
consequently the Hispanic community feels singled out
for enforcement emphasis. The involvement of local law
enforcement agencies in immigration activities gives rise
to additional problems. These agencies are often unaware
of usual policies in the enforcement of immigration law
or hostile to the feelings of ethnic communities.
While the basis for community hostility is apparent,
the dilemma which it highlights is difficult. How does
an agency enforce the law in a free society when the
illegal act is the presence of an individual who cannot
readily be identified? Officials know that there are large
numbers of Hispanic illegal aliens and the society wants
- 208 -
the most enforcement and efficiency possible for the
tax dollar. Therefore greater screening and resources
befall Hispanic origin individuals who may believe them-
selves unduly singled out because it makes
strategic sense.
Furthermore the Hispanic community itself is in
disagreement over the dilemma. In a recent Gallup Poll
72% of the Latin American origin group interviewed felt
that a law against hiring illegal aliens should be passed
and 46% felt illegal aliens should be sent back to their
homes. However, another attitude survey, conducted by the
University of San Diego School of Law, reports that while
45% of Hispanic respondents support law enforcement policies
which target employers, only 16% indicated they would be
likely to assist in the effort by reporting the presence
of an illegal alien. Furthermore, 44% agreed with the
proposition that illegals take employment opportunities
from U.S. citizens but only 7% felt they ever failed to
obtain employment or lost a job to an illegal alien.
Enforcement policy in the past has subjected the
Mexican-American and other ethnic communities to inconveniences
which were not borne by Americans as a whole. While INS
policy has already been modified in response to mounting
complaints, every effort should be made to ensure that the
rights of all Americans are respected and that our
immigration policy does not convey or appear to convey
- 209 -
second-class citizenship to any ethnic group. Recommenda-
tions containing measures that would help to ameliorate
the problems faced by ethnic communities as a result of
the influx of illegal aliens are contained at the end of
this chapter.
In addition, a great deal of confusion exists regarding
the legal rights of both legal resident aliens and illegal
aliens posing another interesting philosophical question:
What are the legal rights of persons who have no legal
status here?
Clarification of these questions would
be of enormous benefit to law enforcement agencies, the
administrators of public assistance programs, American
ethnic communities and legal resident aliens.
Anti-Alien Sentiment
Americans are proud of presenting the nation of
immigrants image pointing to the Statue of Liberty and the
sentiments it represents. In fact, behavior toward newcomers
from strange lands bringing different ways has throughout
our history been anything but benevolent. There continue
to be strong nativist attitudes and institutions in this
country which do not view immigrants as desirable. The
- 210 -
illegal aspect of recent immigration serves to intensify
these feelings and can cause severe strain and tension.
Along with prejudice, there is a growing antipathy
toward the illegal which springs from the perception that
(a) jobs and services are being expropriated by illegals
at the expense of natives and the public Treasury; and
(b) illegals are in violation of the law and therefore
cannot be tolerated.
These attitudes have been revealed in several large
metropolitan areas primarily in two forms:
1. Proposals for state legislation and local
ordinances barring illegals from eligibility for
employment or participation in services. Six
state legislatures are currently considering
legislation which would make it illegal for
employers to employ illegal aliens. 46/ New York
is closest to achieving passage and sounds a
common theme: if the Federal government won't
act to protect us from the influx, we will take
measures to protect ourselves. Reports of local
actions designated to keep the children of illegals
out of public schools and ineligible for related
services are also beginning to appear.
2. Organization or reactivation of community associa-
tions around the issue of illegals and their debilitating
effect on neighborhoods and the survival of a certain
way of life. These groups exert considerable political
pressure on their legislative representatives. More
important they create severe polarization within
impacted areas which results in generalized suspicion
toward "foreigners" regardless of their legal status
and a menacing form of scapegoating which ties the
problems of housing, urban flight, overburdened services
and quality of life to the presence of illegal aliens.
46 In a February, 1976 decision, DeCanas V. Bica, the Supreme
Court held that a California state law which prohibits an
employer from knowingly employing an illegal alien is not
unconstitutional as a regulation of immigration, a power which
rests exclusively with the federal government. It referred to
the California state courts the question of whether the statute
itself would conflict with the INA or other federal laws or
regulations.
- 211 -
Both the problems of INS enforcement and anti-
alien sentiment have serious community strife potential.
The settlement thesis outlined earlier in this chapter
indicates that tension appears in the fourth stage, when
families move permanently into certain areas and support
populations appear. There is evidence to support the
contention that in some of our large metropolitan areas
this final stage has developed. The friction which
accompanies it will be felt most keenly by the legal
immigrant and ethnic populations whose very real need
for assistance in overcoming culture shock, language
barriers and the like may be met by an atmosphere of dis-
trust and whose economic and political power to mitigate
it is minimal.
Federal-State-Local Relations
The illegal alien issue presents a peculiar dis-
proportionality in the roles of respective levels of
government. Problems are felt at the local and regional
level but local officials have few tools with which to
respond for the laws involved are federal. On the other
hand the Federal government administers immigration policy,
somewhat mindful of its long-run implications for the
nation as a whole, but far removed from the state and
local levels of government where the outcome of its
actions are felt.
- 212 -
Intra-governmental communication and cooperation on
this issue is very important and has been virtually non-
existent. This neglect has given rise to unrealistic
demands from local governments for millions of dollars
in reimbursements for services allegedly rendered to
illegals. It has created lawsuits over fiscal responsibility
as well as serious criticism from publicly funded and
private community agencies who handle ever increasing
caseloads. It has caused some local law enforcement
officials to refuse to contact INS officials when illegal
status is uncovered in the course of their work because
their assistance in immigration work costs necessary
community support in other aspects of their law enforce-
ment responsibilities.
The prospect which faces state and local government
officials is a somber one. The settling in of substantial
numbers of illegals has produced underground communities
of people whose existence depends on evading and avoiding
contact with the law and with government in any form.
Above all we are a nation of laws dependent upon the
institutions and systems which are created and regulated
by law to maintain justice and equity in our communal
existence. The illegal alien, both adds to the burdens upon
society's infrastructures and is fearful of using services
because it increases the likelihood of discovery and appre-
hension. This reluctance is a further dimension of the
- 213 -
issue. People who are underground cannot be counted for
planning or fiscal allocation purposes; they cannot be
protected from abuse on the job or from landlords, dis-
crimination, disease, or crime; they may avoid education
for children; and they are unable or reluctant to assert
political or legal rights. Thus there is the possibility
of a substantial underclass which must avoid the legitimate
institutions and government of the society in order to
survive. This has long-range implications for education,
housing, criminal justice planning, and other important
areas of primary state and local government responsibility.
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D.
CONCLUSIONS AND RECOMMENDATIONS
Migrants settle in new areas according to a general
pattern which consists of four stages. In the initial
stages they come singly with the intention of remaining
only temporarily usually for economic reasons. However
for many, aspirations and opportunities change and become
transferred to the host country. This brings on the
latter stages when families are formed or sent for and
support populations appear. The latter stages can
cause tension and conflict over jobs and services with
some groups in the native population. Very likely
different areas of the country and different illegal
population groups are at varying stages of this process
today.
Allegations of heavy illegal alien use of tax-
supported income transfer programs are common. An
examination of these programs shows that the majority
depend on characteristics such as old age, female
head of household, or disabled for eligibility. Present
information shows that illegal aliens are unlikely to be
making heavy use of such programs due to very different
personal characteristics. Our tentative conclusion is
that the welfare use issue is overdrawn. However, final
judgment is dependent on better information delineating
the characteristics of the illegal population. Several
- 215 -
other social issues merit consideration. Population
growth, discriminatory effects of enforcement, anti-alien
sentiment and the formation of underground communities
are of concern. These issues require a great deal of
further analysis but will become increasingly important
as settlement proceeds into the final stage. The federal
government must work far more closely with state and
local governments at which level impacts are most dramatically
felt particularly in the area of social tension and strife,
a characteristic of permanent settlement.
Recommendations
1.
Enforcement activities which minimize community and
ethnic hostility should be stressed. Border enforcement
and employer targeting are far less controversial than
residence-oriented enforcement and are therefore
preferable. Greater attention should be given to
overcoming the negative effects of INS practices on
ethnic, particularly Hispanic, groups. This should
include:
-
An expanded public information and education
program to keep communities aware of the law, INS
policies and practices and to enlist voluntary
cooperation and support for enforcement from
ethnic communities. This emphasis should build
upon the "neighborhood storefront" concept recently
tested in Chicago. Under such a program, persons
can obtain information about their immigration status
without risking apprehension by INS.
- 216 -
-
Establish a grievance mechanism that would quickly
redress injuries resulting from overzealous
enforcement.
-
Establish a program to ensure consistency between
INS policies and those of assisting law enforce-
ment agencies.
-
Clarify questions relating to aliens' rights,
including legislation if necessary.
2.
The illegal immigration issue must be treated in the
context of population growth and the long-term effects
on birthrates in the U.S. This requires detailed
analysis and improved information and should be intro-
duced as an important variable in the current debate
over dwindling resources and growth.
3.
Develop close communication and coordination with state
and local units of government where illegal aliens
live and work. Cooperation should be sought immediately
in such areas as:
-
enforcement coordination;
-
U.S.-Mexico border problems;
-
research and information;
-
administrative program and legal procedures for
expenditures in government programs; and
-
legislation.
- 217 -
CHAPTER VII
DILEMMAS FOR THE FUTURE
Immigration matters present challenging and perplexing
questions. As a nation we have shown decided ambivalence
about immigration policy maintaining an exclusionary law
as our basic statement of policy and at the same time pointing
with pride to our heritage as a nation of immigrants and
to the idealism symbolized in the Statue of Liberty's
welcome to the oppressed of the world. We cling to the
belief that ours should be a land offering opportunity to
those who would help to build it but we have been willing
to discriminate blatantly over time in identifying those
whom we welcome. Immigration is often treated in highly
emotional, politically charged terms yet implementation
of the system necessary to carry out the law has been low
on our national list of funding priorities, vesting extra-
ordinary discretion in the enforcement agencies on matters
which affect individual lives in the most fundamental
and dramatic ways.
To formulate policy on the issue of illegal aliens,
the government must consider the larger question of immigra-
tion policy in general. Today comprehensive planning on
immigration matters presents several major dilemmas for the
society which must be acknowledged as central to the debate.
- 218 -
A.
CONTROL
First is the issue of control inherent in fashioning
a truly effective system of enforcement of immigration laws.
Present document use and personal identification systems
in this country are inadequate from a law enforcement
point of view for effective control. We know, for instance,
that the number of fraudulently documented entrants to the
U.S. is 10 times greater than the number detected. In
addition, INS cannot confirm the departure of 10% of the
temporary arrivals or 600,000 persons annually. Departure
control which, when untended, leads to false claims and
documentation for citizenship and identification of alien
status are essential to effective immigration enforcement.
However, they require computerized recordkeeping, inter-
system exchanges of information and secure documentation
procedures which violate perceptions of the right to
civil freedoms and personal privacy.
A work permit system akin to that utilized in most
other industrialized nations in the free world would ease
matters considerably by making citizenship status a
consideration in the hiring of workers. However a work
permit system limits certain freedoms we enjoy and have
been unwilling to yield. The need for control and the
commitment to certain individual freedoms need not and should
not constitute a tradeoff. Yet finding a suitable balance
- 219 -
in this area is far from accomplished. Accepting a certain
degree of illegal immigration may necessarily be a price,
perhaps even a desirable price, to pay.
Immigration enforcement must also be evaluated in the
overall hierarchy of law enforcement demands. Presently
the border is a revolving door. On the individual level,
illegal entry is a victimless crime. We repatriate
undocumented workers on a massive scale only through Mexican
cooperation. The illegals cooperate by agreeing to voluntary
departure and significant numbers promptly re-enter. It is
not unusual for an illegal to undergo multiple apprehensions
and re-entries for there are no serious deterrents. The
policy of U.S. Attorneys is to waive prosecution, except
for the most aggravated offenses, and our penal system has
no capacity to ingest large numbers of illegals. In FY 1974,
there were 741, 349 violations which could be entertained
for prosecution; over 92 percent were closed by blanket
or general waiver. Even serious offenses such as smuggling
are profitable. Smugglers were fined an average of $88 per
conviction as against an earning of $200 per alien. Thus
the border situation represents a virtual standoff.
American labor was responsible for the abolishment of
provisions to bring temporary labor into the area. Agricultural
and other interests have continued to fill their labor needs
through a system of illegal immigration. There are actions
- 220 -
which can be taken to impede the illegal alien flow across
the border. For example, during Operation Intercept in
late 1969, through the flooding of enforcement personnel
in the border area and the application of rigid screening
procedures at ports of entry without considering inconveniences
to travelers, we were able to seal off the border quite
effectively. Another approach is the more widespread
use of fencing or other types of barriers. Clearly the
relative importance of immigration enforcement, travel
ease and powerful domestic interests are at issue making
the choices complex.
- 221 -
B.
INFORMATION
Underlying much of the current discussion is the
assumption that if we only knew the true dimensions of the
illegal alien issue and its impact, we could target
resources to the level of compliance that we wish to
achieve. This notion may well be wishful thinking.
We may never know the dimensions of this issue.
Research into the characteristics and impact of
a clandestine population presents extraordinary difficulties.
Some researchers believe it is similar to subjects like
pornography or victimization and is therefore unresearchable.
In addition, extant data systems on immigration and
immigration-related matters are very primitive. Hard
data on illegal aliens is virtually non-existent.
The principal repository of data on immigration,
legal or illegal, is the Immigration and Naturalization
Service. Related information is held by the Department
of State due to its visa issuance function and by the
Bureau of the Census. Visa demand and issuance information
is capable of being used to establish patterns and the
decennial census contains valuable information about the
foreign-born population in the United States. INS records
containing social security numbers can be matched with
social security data to obtain earnings histories.
- 222 -
However, State and Census information is useful
only to the extent that it can be used in conjunction
with information flowing from the functions uniquely
performed by INS. INS is an agency with law enforcement
as its primary mission. It is distinguished from other
law enforcement agencies by the fact that it has a major
service mission to carry out in addition. Thus data
collection and analysis are not priority functions.
The information which is accumulated relates to operational
needs and is not research-oriented or in any way compatible
with systems maintained by the State Department or Census
Bureau.
Implementation of illegal alien study programs is
forcing INS to systematize and examine its data operations
in an effort to incorporate the study data so it can be
continually updated. However, it is but a first step.
INS is the primary and often the only source of data on
immigrants, legal and illegal. Information on these groups
due to their size and socio-economic and political importance
is central to adequate planning and evaluation of immigration,
population and employment policy. Until this is recognized
and increased priority through resources and expertise is
directed to it, effective planning on all immigration matters,
of which illegal entry is but one manifestation, will continue
to be largely uninformed. If INS, due to its enforcement
- 223 -
role, is ill-suited also to serve as the sole or major
repository of statistical information, data systems and
research on the effects of the law and policy it administers,
perhaps the functions of another agency ought to be extended
to include improvement of our knowledge of the causes,
consequences and characteristics of immigration to the
U.S.
The lack of data coupled with a search for ways to
develop reliable information for evaluating the impact of
illegal aliens in the U.S. occupied substantial effort in
several of the task forces. Specific study recommendations
appear at the end of this chapter. However while serious
study must be directed not only at illegal immigration
but at the related issues it raises, the paradox we face
rests with the realization that as time brings more
knowledge about the illegal, time may also entrench illegal
immigration so as to render it an increasingly irreversible
trend.
- 224 -
C.
FOREIGN POLICY
Were the differences between underdeveloped and
developed nations not so great, the pressures creating
illegal immigration would, presumably, disappear. This
suggests emphasizing economic growth through aid, overseas
investment and the like. Certainly these are not novel
solutions. Significant resources and attention have
been funneled into the countries involved in illegal
immigration for decades past. Yet in many cases, the gap
is indeed widening. Thus not only is no end in sight,
some conclude the world will in fact lose the development
battle. Such cosmic questions notwithstanding, it is not
the difficulty of economic development per se that causes
the problem before us. In fact, high out-migration
countries tend to be those experiencing laudable success
in their economic expansion. Rather it is the strain
to which economic growth is put in the face of extra-
ordinary rates of population growth. Development must run
in order to simply stand in place due to burgeoning numbers
of people. From a foreign policy point of view probably
the most productive position to pursue is a singleminded,
long-term commitment to population planning in developing
nations. For numerous reasons which need not be discussed
in this review, it would require major policy revisions for
the United States, at least publicly, to embrace population
control as the core element of policy with illegal alien
source countries.
- 225 -
However, even if such a strategy should emerge,
there are already in the pipeline sufficient numbers
of people to create severe population pressure for this
and the next generation at a minimum. It is only
realistic to assume that the United States will in all
probability absorb some of this excess. Thus the
question may turn to the form in which we adjust to reality
rather than to whether or not we accept it, the latter
providing, in simplistic terms, the impetus for the
Domestic Council committee's existence. In other words,
the choice may already no longer be ours.
Without promoting a Doomsday mentality, it is not
beyond the realm of possibility to speculate that private
investment overseas and the priorities of host governments
may well exacerbate migration in favoring capital rather
than labor intensive growth. Furthermore the export of
capital is virtually free of political boundary considerations
whereas barriers to migration make the free movement of
labor, viewed by some nations as a corresponding economic
force, impossible. The circumstances under which such
themes become joined with migration issues, if indeed they
ever do merge, are impossible to predict. It would seem,
however, that in spite of whatever difficulties migration
may present within the United States, we will not as a nation
see or support a fundamental restructuring of our outlook or
practices on these matters.
- 226 -
Instead the reality of excess populations may be
confronted through developing distinctions between various
types of migrations, encouraging some due to the
education and skills for instance of the migrants deemed
to be desirable, and discouraging others as a result of
negative domestic impacts. Strong competing interests
and trends will meet as the international aspects of
illegal migration converge with domestic priorities.
Probably the most appropriate context within which to
formulate new goals is the growing debate over our own
levels of and need for growth.
- 227 -
D.
GROWTH
The illegal alien problem is at one level a problem
of a breakdown in law resulting in a substantial number of
people in the U.S. who are not authorized to be here.
Control over who enters and exits from a nation is
universally recognized as a basic feature of national
sovereignty and erosion in the exercise of that sovereignty
is a serious matter. At another level the illegal alien
problem is a question of too many unintended immigrants.
At this level the problem becomes one of determining
the optimal size and nature of immigration to the United
States. Since immigration is a central component in
assessing the rate and nature of growth in this country,
both growth of population and growth of our work force,
it merits full public education and debate.
There are many steps recommended in this report which
we can and must take to alleviate the problem of a breakdown
in our law as currently conceived. But the illegal alien
issue also raises the necessity to rethink immigration at
its most important, provocative level. How many people
should be allowed to enter the United States annually to
take up permanent residence? What proportions should gain
entry as a result of family ties in the U.S., employment
characteristics, or refugee status? Should our neighboring
countries, Canada and Mexico, receive special treatment in
the allocation of numbers for immigrant slots? Should the
- 228 -
law distinguish between Eastern and Western Hemisphere
origins? What role should domestic demands for foreign
labor play in immigration policy? What techniques can
be used to predict the effects of changes in immigration
laws?
These questions must be studied and debated and
answers must be proposed in light of current and expected
domestic and international circumstances. Immigration
policy involves difficult, far-reaching considerations
which require policy attention. Effective solutions to
the illegal alien problem must be developed within the
framework of overall changes in immigration policy.
Although information is no substitute for careful
analysis and reasoned judgment, the process of reviewing
and revising immigration policy, with illegal immigration
as a foremost issue, will be immeasurably aided by improved
information. The Committee recommends that the following
broad areas receive priority research concentration.
- 229 -
E.
RESEARCH RECOMMENDATIONS
1.
The Illegal Alien Population
Due to recent pressures on INS to provide a better
understanding of the illegal alien issue, Congress recently
appropriated $1 million to contract studies yielding
information on the number and characteristics of illegal
aliens in the United States. The Domestic Council
Committee has worked closely with INS drawing upon
expertise from traditionally more research oriented
agencies to design a study which will be sound and which
will meet general policy needs of several government
agencies concerned about the illegal alien issue. Our
recommendations have been that the INS study strive to
develop a minimum number, or a baseline, of illegals in
the United States rather than a total number and that it
concentrate on developing information which is useful in
determining the impacts and rate of growth of illegal
migration to the United States. The study will not be
complete for another year.
2.
Similarities to the Foreign Born
One of the most promising sources of basic socio-
economic information on illegal aliens is the Immigration
and Naturalization Service (INS) Form #213 which is completed
for each apprehended illegal alien. The form asks age,
sex, marital status, social security number, country of
origin, time in the United States, and whether employed,
among other questions.
- 230 -
Persons apprehended at the border (sector offices)
have not been successful in penetrating the United States
and presumably do not have a direct impact on the United
States economy. Illegal aliens who are apprehended at
locations other than the border are brought to a district
office and interviewed. It is these persons who presumably
have been residing in, and have had an impact on the United
States. A preliminary examination of #213's filed in the
Washington, D. C. and Chicago offices indicates that the
forms are carefully filled out.
We propose that a random sample be taken from the
approximately 160,000 #213's filed in district offices
in 1975. This would not necessarily represent a random
sample of illegal aliens residing in the United States
since the probability of being apprehended may vary in a
systematic manner with relevant characteristics or
enforcement priorities. It would, however, be a first
step in a systematic analysis of apprehended illegal
alien data. This data would provide insights into the
characteristics and impact of illegal aliens directly and could
then be compared with Census Data on the foreign born to
determine similarities and differences between these
population groups in order to develop further insights
into the impact of illegal aliens.
- 231 -
3.
The Displacement Factor
One of the central questions surrounding the issue
of the impact of illegal aliens on the labor market
centers on whether illegal aliens actually "displace"
legal residents from jobs they would otherwise have
taken and the effect on the earnings of legal residents:
(a) What is the effect of the presence of illegal
aliens on wages and working conditions in different
jobs?
(b) To what extent do domestic workers adjust their
labor force participation and occupational choice
to changes in wage rates and working conditions?
To what extent do income support payments serve as
an impediment to labor force and occupational
adjustments for legal residents?
(c) What are the labor force characteristics of the
illegals: wages, skill, and occupational distribution,
labor force participation, unemployment, etc.?
(d) What is the effect of illegal aliens on GNP, on
the distribution of this income and on the efficiency
of resource allocation?
(e) What is the net social cost (or net social benefit)
from illegals? How can the net cost be minimized?
4.
Use of Public Services
The question of whether or not illegal aliens create
a FORD LIBRARY
burden for public service programs is of considerable
- 232 -
importance in assessing the significance of their presence
to this country. There is, however, very little data to
support any conclusions on this topic. Most studies tend
to indicate that the use of public services by illegal
aliens is infrequent. Unfortunately, the quality of
this data is poor. A meaningful assessment of this
question cannot be made until additional research has
been done. Such studies may need to address the different
groups within the illegal alien population, different
areas of the country and the different services.
--- One HEW study which will shortly be underway
deals with the medical costs incurred by illegal
immigrants. This project will attempt to
determine the magnitude of the problem in seven
different cities where large numbers of illegal
aliens are apprehended by the INS. Researchers
will determine what criteria hospitals use in
identifying illegal aliens and how accurate these
identifications are. The study will assign a
rough dollar figure to the services rendered and
will be able to conclude whether or not a substantial
problem exists for the hospitals included in the
study.
-- In an effort to encourage Federal/state interaction,
case studies using state agencies, immigration aid
groups and the like should be undertaken at the local
- 233 -
level. One promising area of inquiry would be a
study of the impact on the educational system of a
large city such as Los Angeles or New York. The County
of San Diego has already undertaken a systematic
search of its records and agencies in an effort to
determine the uses of its services by illegal aliens.
The problem with this approach rests with creating non-
comparable data and using incompatible methodologies.
5. Migration Patterns
The rise of Third World nations, their exploding populations
and the implications for interregional economic development are
becoming more apparent. In our case, there is the added dimen-
sion of border region research and policies. Research should
concentrate on the following areas:
-- Comparative study of migration experience, including
intra-European and intra-Caribbean migration, including
guest workers, and the mechanisms which have been
developed in those areas.
-- Demographic trends and policies and their impact on
migration to the border zones and from one country to
another.
-- The impact that movement of people has on international
transfer of science and technology.
-- Evaluation of alternatives for economic assistance for
the development of the border regions in Mexico. Specific
attention would be given to those elements essential for
a coordinated and integrated economic approach.
- 234 -
6.
Community Attitudes
For the future, more should be done in the way of
assessing the perceptions of certain communities towards
illegal aliens, their impacts and the relative effects of
various law enforcement techniques which are used to
identify such persons.
7.
Immigrant Studies
The ethnic makeup of our legal immigration since
1965 is considerably different from that of the preceding
era. The ethnicity and the demographic characteristics
of immigrants are increasing in importance as social
policy issues because of government programs. More research
must be devoted to longitudinal analysis of legal immigrants.
At this time study should concentrate upon the optimal
characteristics of immigration including analysis of
admission criteria and systems. U.S. experiences with
guest worker type programs and comparative analysis with
labor importing countries should be assessed in order to
evaluate the trade in goods or trade in labor supplies
questions immigration policy poses.
- 235 -
CHAPTER VIII
CONCLUSIONS AND MAJOR RECOMMENDATIONS
In drawing conclusions and formulating recommendations,
it is important to reemphasize the preliminary nature of this
report. The illegal immigration phenomenon is complex and an
interagency examination of this issue is a very recent develop-
ment. The charge to the Domestic Council Committee was to
develop a comprehensive approach to the issue. In furtherance
of that goal, this report attempts to provide a clear statement
of the issue in its broad terms, assess current information,
and chart the process and tasks through which the executive
branch of government should proceed as a result.
One clear theme of this report is that a dramatic lack of
reliable information makes thorough analysis of illegal
immigration impossible at this time. Thus the conclusions which
the Committee has drawn are tentative and subject to revision.
Nevertheless the Committee believes that certain judgments can
and should be made in an effort to channel further inquiry in
a productive fashion.
A. CONCLUSIONS
1. Illegal immigration is rooted in powerful
social and economic forces endemic to both
host and sending countries.
Historically Mexico has been and remains a
major source of illegal entrants to the United States.
- 236 -
However illegal immigration today involves many
nations and new migration streams. Sending countries
are typically rapidly developing nations where rising
expectations combined with population pressure have
far surpassed the ability of economic growth, albeit
substantial, to narrow significantly the income gap
with the U.S. Thus pressure to emigrate is intense,
and large numbers of people have already emigrated to
the United States legally from source countries in
accordance with the 1965 Amendments to the Immigration
and Nationality Act (INA). These amendments markedly
changed legal immigration to permit large numbers of
Latin and Asian origin groups and to diminish numbers
of Europeans who immigrate. Illegal immigration must
be studied in the context of migration incentives and
the law governing legal entry. United States employers
seek foreign workers for many kinds of work. Thus
economic opportunity and kinship and culture ties in
the U.S. combine with migration pressures to create
potent push-pull forces which the INA was not designed
to check.
2. Illegal immigration is significant and growing.
Current estimates of the stock and flow of illegal
aliens are educated guesses at best. Establishing these
numbers in a credible fashion is important. Although
- 237 -
sound numbers are not available, the relevant point for
current policy purposes is that the illegal immigration
phenomenon is significant and growing. Our immigration
policy, as promulgated under the INA, is ineffective.
Our official commitment is to an exclusionary policy
founded in history and domestic political considerations
which allows approximately 400,000 foreign-born to take
up permanent legal residence in this country per annum.
The de facto situation is quite the opposite in that a
combination of legal loopholes and incentives, enforce-
ment inadequacies, and international push-pull forces
have considerably eased limitations on immigration so that
in practice we have a very open immigration system.
Analysis of this combination of factors leads inevitably
to the conclusion that a trend has been established which
is likely to grow if present circumstances persist.
3. The major impact of illegal aliens at this time
seems to be in the labor market. This impact is
likely to extend over time to other areas as the
process of settlement proceeds.
Illegal aliens compete effectively with native
workers, particularly with the minimally skilled and
under-employed, although the degree to which they
actually displace native workers is unclear. These
immigrants raise the income of owners of capital and
- 238 -
land and of highly skilled workers and lower prices
to consumers of goods and services they help produce.
Thus certain legal residents gain and others, parti-
cularly those with few skills, lose from the presence
of illegal aliens. However the unskilled labor which
the illegal generally contributes in the early stages
of migration later tends to be offset by the costs
incurred in the latter stages of migration when new
communities of families must be absorbed. This
result occurs during settlement, the end-product of
migration. Initially the migrant generally intends
to emigrate only temporarily. However his aspirations,
objectives and opportunities become attached to the
host country so that he eventually remains, establish-
ing or sending for family rather than returning.
4. The community-related implications of large
numbers of illegal aliens are significant and
merit government attention.
The ineffectiveness of the INA has helped to
create communities concentrated in our largest urban
centers whose existence depends on avoidance of law
and authority. Breeding these conditions signals
long-run negative social implications for ethnic
Americans and for the ability of state and local
units of government to function effectively. Aside
from the question of economic impact, the ramifica-
tions of harboring large numbers of people in illegal
- 239 -
status are undesirable and contribute to a breakdown
in the institutions and systems upon which we depend
for fair government.
5. Effective enforcement of the Immigration and
Nationality Act must stress prevention above all
other considerations.
It is vastly more desirable from both a policy
and a resources standpoint to prevent entry of the
illegal or screen out potential illegals before
arrival than to locate and apprehend the illegal
once he is in the U.S. This strategy is currently
accepted but it will require more adequate resources
for both the State Department and the Immigration and
Naturalization Service, improved management and
tactics, legislation, and greater cooperation among
federal agencies with related enforcement responsi-
bilities to be effective.
6. Effective enforcement is not enough. The illegal
alien issue is ultimately an issue of immigration
policy and will not be satisfactorily met until
a thorough rethinking of our immigration policy
is undertaken.
Who may enter this country for what periods of
time under which circumstances are the questions we
must, as a nation, answer. These questions in turn
raise questions about employment, population, and
- 240 -
other broad policy areas. The law must be revised
to incorporate current and future realities not
envisaged in the 1965 deliberations in which our
present system was formulated. The executive branch
must provide leadership and take an active role in
the development of a better immigration policy.
Serious study, widespread discussion, public educa-
tion, interagency coordination, adequate resource
allocation, policy analysis, planning, and coopera-
tion with state and local levels of government are
all needed.
B. MAJOR RECOMMENDATIONS
The recommendations set forth below do not pre-
clude the more specific recommendations contained at
the end of individual chapters. Specific chapter
recommendations will presumably be implemented as
part of the overall follow-up to this
report by the Committee in accordance with the major
recommendations below. The Committee does not
believe any single element among its recommendations
can solve the illegal alien problem. It does believe
that the cumulative effect of implementing the
recommendations which follow will be to slow the
flow of illegal aliens significantly and to take
major strides toward the development of a more
effective immigration policy.
- 241 -
1. The issue of illegal immigration merits priority
attention and requires Cabinet leadership. Actions
to be taken cross many bureaucratic and agency lines
and will require continued coordination and direction
at the highest level.
2. The executive branch should aggressively pursue
the enactment of legislation which relates directly
to the illegal alien question and which the executive
branch has supported in the past. Such legislative
actions include:
(a) penalties for employers who knowingly hire
aliens not authorized to work;
(b) application of the preference system and
foreign state limitations to Western Hemis-
phere immigration in a manner similar to
that regulating Eastern Hemisphere immigra-
47/
tion;
(c) thorough revision of the labor certification
provisions of the current law so that immi-
grants admitted for employment fall within
prescribed quotas and individual certifications
are eliminated;
47/
P.L. 94-571, signed on October 20, 1976, contains
these provisions. This report was written and approved
prior to that action.
- 242 -
(d) advancement of the eligibility date for
establishing a record of admission for lawful
permanent residence from June 30, 1948 to
July 1, 1968; and
(e) increased penalties for persons who smuggle
or facilitate illegal immigration.
3. The Committee should evaluate the current H-2 or
temporary worker program authorized by the INA to
determine if it is adequate, both from an administra-
tive and statutory standpoint, to meet the legitimate
needs of employers for temporary foreign workers. It
should further assess the United States experience
with the bracero program and the experiences of other
nations with guest worker programs. An expanded,
government to government foreign worker program should
not be sought at this time. However, means of
improving the government's responsiveness to employers
under current law should be developed if necessary.
4. The agencies administering the INA -- INS and the
Department of State -- should receive high priority
in the allocation of resources directed at prevention
of and screening for illegal entries, management and
operational upgrading, and inter-Departmental coor-
dination.
5. The Committee is concerned about the large number
of illegal aliens already in the United States. The
- 243 -
Committee believes that massive deportation is both
inhumane and impractical. It is expected that the
enactment of the legislation described in recommen-
dation #2 would permit some illegal aliens to adjust
their status and cause many others to decide to leave
the United States. In addition, the Committee should
evaluate and develop other policy approaches toward
those illegal aliens currently in the country.
6. The Department of State should undertake serious,
high-priority exchanges, in addition to those underway
with Mexico, with governments of the major illegal alien
sending countries on the illegal migration issue, visa
controls, and U.S. domestic pressures and activity
surrounding the illegal alien. U.S. foreign aid and other
efforts toward less developed nations should be encouraged,
but with greater emphasis on factors that would reduce the
pressures that encourage migration, e.g., population plan-
ning, rural economic development and labor intensive
programs.
7. The Committee and the cognizant federal agencies should
initiate and support a broad based research program to
determine the nature and scope of various immigration
related problems. This must include research within
government agencies as well as through contracting with
outside individuals and institutions, involvement of
other levels of government and consultation with a wide
variety of experts in many disciplines. Relevant economic,
- 244 -
sociological, demographic and labor market data are
needed to adequately examine existing policies and
update them.
8. The Committee should initiate a thorough re-
examination of the basic precepts and operations of
current immigration policy with the goal of developing
proposals and systems which are based on information
developed through careful study and research and
widespread discussion among affected interest groups
and the general public.
- 245 -
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- 250 -
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- 251 -
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981, 93d Cong., 1st sess., March 28; April 12; June 6, 7, 13
and 14, 1973.
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Administration of the Immigration and Nationality Act.
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September 13, 18, and 20, 1973.
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- 252 -
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Virgin Islands: Report to the Congress by the Comptroller
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September 8, 1975.
U.S. Cong. General Accounting Office. Better Controls Needed
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Their Entry and Stay While in the United States: Report to
the Congress by the Comptroller General of the United States.
GGD-75-9, Washington, D.C., February 4, 1975.
U.S. Cong. General Accounting Office. Immigration -- Need to
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General of the United States. GGD-76-101, Washington, D. C.,
October, 1976.
U.S. Cong. General Accounting Office. More Needs to Be Done
to Reduce the Number and Adverse Impact of Illegal Aliens
in the United States: Report to the Congress by the Comptroller
General of the United States. B-125051, Washington, D. C.,
July 31, 1973.
U.S. Cong. General Accounting Office. Need to Reduce Public
Expenditures For Newly Arrived Immigrants and Correct Inequity
in Current Immigration Law: Report to the Congress by the
Comptroller General of the United States. GGD-75-107,
Washington, D. C., July 15, 1975.
U.S. Cong. General Accounting Office. Needs for Improvement
in Management Activities of the Immigration and Naturalization
Service: Report to the Congress by the Comptroller General of
the United States. B-125051, Washington, D. C., August 14, 1973.
U.S. Cong. General Accounting Office. Smugglers, Illicit
Documents, and Schemes Are Undermining U.S. Controls Over
Immigration: Report to the Congress by the Comptroller General
of the United States. GGD-76-83, Washington, D. C. August 30,
1976.
- 253 -
Executive Department Documents:
U.S. Commission on Civil Rights. Counting The Forgotten: The
1970 Census Count of Persons of Spanish Speaking Background
in the United States. Washington, D. C., April 1974.
U.S. Commission on Population Growth and the American Future.
Population and the American Future. Final Report. Washington,
D.C.: Government Printing Office, 1972.
U.S. Department of Commerce. Bureau of the Census. Census
Population, 1970: General Social and Economic Characteristics.
Final Report PC (1)-C1, United States Summary, Washington, D. C.:
Government Printing Office.
U.S. Department of Commerce. Bureau of the Census. Selected
Characteristics of Persons and Families of Mexican, Puerto
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Series P-20, No. 238. Washington, D.C.: Government Printing
Office, 1972.
U.S. Department of Commerce. Economic Development Administration.
"Industrial and Employment Potential of the United States-Mexico
Border," by Robert R. Nathan Associates, Inc., December 1968.
U.S. Department of Health, Education and Welfare. Social
Security Administration. "Interactions Between Illegal Alien
Respondents and the Social Security Tax Collection System:
Some Preliminary Findings," by David S. North, July 1976.
U.S. Department of Health, Education and Welfare. Regional
Office VI. "Regional Memorandum," by Howard D. McMahan,
Regional Director. Dallas, Texas, November 1973.
U.S. Department of Health, Education and Welfare. Rehabilita-
tion Service, Office of Quality Control Management. Quality
Control in AFDC, National Findings, January-June, 1974.
Washington, D. C. 1975.
U.S. Department of Justice. Immigration and Naturalization
Service. Annual Report of the Immigration and Naturalization
Service. Various issues.
U.S. Department of Justice. Immigration and Naturalization
Service. "Illegal Aliens Policy Analysis," by I.C.F., Inc.
October, 1975.
- 254 -
U.S. Department of Justice. Immigration and Naturalization
Service. "The Gallup Study of Attitudes Towards Illegal Aliens"
by The Gallup Organization, Inc., June, 1976.
U.S. Department of Justice. Immigration and Naturalization
Service. "Fraudulent Entrants Study: A Study of Malafide
Applicants for Admission at Selected Airports and Southwest
Land Border Ports" (Illegal Alien Study - Part I), September,
1976.
U.S. Department of Labor. Manpower Administration. Alien
Workers: A Study of the Labor Certification Program,
by David S. North. Available from the National Technical
Information Service, Springfield, Virginia 22151, August 1971.
U.S. Department of Labor. Manpower Administration. "Biblio-
graphic Literature on Migrant Seasonal Workers: An Annotated
Reference Guide." Prepared by LMC Inc., October 1974.
U.S. Department of Labor. Manpower Administration. Farming
and Farm Labor, by Paul Sultan and Darryl D. Enos. Available
from National Technical Information Service, Springfield,
Virginia 22151, 1974.
U.S. Department of Labor. Manpower Administration. Immigrants
and The American Labor Market, by David S. North and William
G. Weissert. Available from National Technical Information
Service, Springfield, Virginia 22151, April 1973.
U.S. Department of Labor. Manpower Administration. "The
Legal and Illegal California Farmworker: Some Implications
for Unemployment Insurance," by Paul E. Sultan and John M.
Virgo, January, 1974.
U.S. Department of Labor. Manpower Administration. Illegal
Aliens: Their Characteristics and Roles in the U.S. Labor
Market, by David S. North and Marion F. Houstoun, 1976.
U.S. Department of Labor. California Labor Panel to Secretary
of Labor Wirtz, Final Report, Los Angeles, California, December,
1965.
U.S. Department of State. Bureau of Security and Consular
Affairs. Report of the Visa Office. Various issues.
U.S. Select Commission on Western Hemisphere Immigration.
Final Report. Washington, D. C.: Government Printing Office,
1968.
- 255 -
U.S. Special Study Group on Illegal Immigrants from Mexico.
"A Program for Effective and Humane Action on Illegal Mexican
Immigrants." Washington, D.C., January 15, 1973. ("The
Cramton Report")
Foreign Document:
Mexico, Interdepartmental Commission for the Study of the
Problem of the Clandestine Emigration of Mexican Workers
to the United States of America. "Report on Activities
and Recommendations," Tlatelolco, December 14, 1972.
(Companion to "The Cramton Report.").
State and Local Government Documents:
California, Office of the Lieutenant Governor, Migration,
1976.
California State Social Welfare Board. "Position Statement:
Aliens in California." California: Health and Welfare Agency,
Department of Social Welfare, January 1973.
California, San Diego County Human Resources Agency. "A
Study of the Impact of Illegal Aliens on the County of
San Diego in Specific Socioeconomic Areas," Nov., 1975.
City of El Paso, Mexico, El Paso Special Commission on
Crime, Final Report.
Illinois Legislative Investigating Commission. Report to the
General Assembly on the Problem of Illegal Aliens in Illinois.
Chicago, Illinois, October 1971.
Los Angeles Police Department. "Study of Impact of Illegal
Aliens on Crime in L.A. : Ramparts Division Case Study."
Los Angeles, Ca., September 1974.
Texas Department of Community Affairs, "Illegal Juvenile
Alien Crime Along the Mexico-United States Borderland,"
State Youth Secretariat Division, June 1975.
Texas Good Neighbor Commission of Texas. Texas Migrant Labor
1973 Annual Report. P.O. Box 12007, Austin, Texas 78711.
Washington. Inter-Agency Task Force for Agricultural Workers.
"Investigative Study of the Impact of Illegal Aliens on
Farmworkers in the State of Washington." Preliminary Report,
December 1974.
- 256 -
Newspaper Articles:
Aarons, Leroy F. "Illegal Entrants Flock to U.S.: A New
Poverty Class (Part I). The Washington Post, 2 February 1975.
Aarons, Leroy F. "Patrol Can't Keep Aliens Out (Part II):"
The Washington Post, 3 February 1975.
Buder, Leonard. "65,000 Illegal Aliens Reported in City
Schools." The New York Times, 12 June 1973.
"Carlos Didn't Last Long in the Promised Land." Washington
Star-News, 17 November 1974.
"Chavez Shifts View of 'Illegals'." The Washington Post,
3 February 1975.
Chriss, Nicholas L. "Aliens Are Using Marriage to Gain
Admission to U.S." The Washington Post, 14 July 1974.
Cruz, Humberto. "About 70,000 Aliens Are Working Illegally
in Dade County." Miami News, 8 July 1974.
Del Olmo, Frank. "U.S. Refuses to Repay County's Alien
Health Bill.' Los Angeles Times, 1974.
Farber, M.A. "Million Illegal Aliens in Metropolitan Area
(Part I)." The New York Times, 29 December 1974.
Farber, M.A. "Unlawful Aliens Use Costly City Services (Part II) "
The New York Times, 30 December 1974.
Farber, M.A. "Battle Expected on Tighter Laws to Curb Illegal
Aliens, (Part III)." The New York Times, 31 December 1974.
Holles, Everett R. "Ruling on Mexican Aliens Stirs Chicanos'
Job Fears." The New York Times, 2 December 1974.
Meyer, Lawrence. "Alien Plan Links Jobs to Citizenship."
The Washington Post, 5 February 1975.
Meyer, Lawrence. "Aliens Hard to Count." The Washington Post,
2 February 1975.
"On Illegal Aliens." El Paso Times, 19 January 1975.
- 257 -
Satchell, Michael. "Human Tide Cuts Deeply in America:
Illegal Aliens and the Economy (Part I) " Washington
Star-News, 16 November 1974.
Satchell, Michael. "Life in Paradise Spent on the Run
(Part II) " Washington Star-News, 17 November 1974.
Satchell, Michael. "The Biggest Hole in the Dike (Part III) ."
Washington Star-News, 18 November 1974.
Satchell, Michael. "Solution 'Simple': Cut Off Jobs (Part IV) ."
Washington Star-News, 19 November 1974.
Walsh, Denny. "House Panel Estimates U.S. and States Lose
$115 Million a Year in Taxes that Illegal Aliens Escape."
The New York Times, 13 June 1974.
Zeman, Ray. "Refund for Illegal Aliens Medical Care Sought." "
Los Angeles Times, 26 June 1974.
APPENDIX A*
INFORMATION LISTING OF ILLEGAL ALIEN IMPACTS
Prepared and submitted by the
Immigration and Naturalization Service
*See page 125 of the report.
IMPACT AREA
SOURCE
FINDING
Balance of Payments
Seattle Times, Seattle Washington,
About $7 million is sent to Mexico each
December 15, 1974.
year by illegal aliens in Washington
according to a study conducted by the
Governor's Interagency Task Force on
Agricultural Workers.
Balance of Payments
Seattle Times, Seattle Washington,
Illegal aliens send their earnings home
December 15, 1974.
to Mexico. Their earnings are equivalent
to U.S. workers - i.e., they may earn as
much as $5,000 a season. Little gets into
the local economy. If the estimate of
5,000 illegals in the State is accurate,
and the average may have earned $1,500 in
the season, then $7,500,000 of the State's
economy may have been affected.
Balance of Payments
Seattle Times, Seattle Washington,
At an average annual wage of about $5,000,
December 15, 1974.
illegal aliens receive about $75 million
from the Illinois employment market. A
good portion of their income is sent to
their families in Mexico and is perma-
nently drained from the Illinois economy.
Balance of Payments
U.S. Congress. Illegal Aliens, Part 4
At these New York hearings mention is made
Hearings before Subcommittee No. 1,
of a series of articles on illegals by
92nd Congress, 2nd Session, March 10
the New York Daily News, which estimated
and 11, 1972.
that illegals send $1.5 billion out of
the country annually.
Balance of Payments
North, David S., "Interactions Between
Of 793 illegal aliens who had worked in
Illegal Alien Respondents and the
the U.S. at least two weeks and had been
Social Security Tax Collection System:
apprehended by INS, the average monthly
GERALD
Some Preliminary Findings,' a paper
remittance sent to their homeland was $105
prepared for the Social Security Ad-
and helped support an average of 4.6
FORD
ministration, July 1976.
persons.
NOTE: The following information is derived
from a variety of sources. Most news-
paper accounts rely upon information
provided by federal, state, and local
government agencies.
- 1 -
IMPACT AREA
SOURCE
FINDING
Country of Origin
Cornelius, Wayne A., "Mexican Migration
Funds and expertise gained in U.S. have
to the United States: The View From
on occasion benefitted Mexican communi-
Rural Sending Communities, Presented
ties; and, in toto, while not improving
at the Conference on Mexico and the
significantly Mexican conditions,
United States: The Next Ten Years,
probably kept them from becoming con-
School of International Service, the
siderably worse.
American University, Washington, D.C.,
March 18-19, 1976.
Country of Origin
U.S. Congress. House. Illegal Aliens,
At the July 9-10 Hearings at E1 Paso the
Part 2, Hearings before Subcommittee
American Consul General in Juarez
No 1, 2nd Congress, 1st Session,
testified to the effect tnat illegal
June 24, 25; July 9 and 10, 1971.
aliens have on the Mexican economy.
Country of Origin
Portes Alejandro "Return of the Wet-
Mexico benefits from the flow of illegals
back" Society, April/May 1974,
to the U.S. in two ways: It alleviates
pp. 40-46.
the tensions and costs of the income
maldistribution by providing the poor
with an alternative and secondly, re-
mittances from Mexican immigrants are
being sent into the country.
0
- 2 -
IMPACT AREA
SOURCE
FINDING
Crime
El Paso Special Commission on Crime
There is no way of knowing how many of
Final Report, City of El Paso, Texas,
the average of 70 cars a week stolen in
page 39.
El Paso cross the border, but it is
certainly a substantial percentage.
Crime
El Paso Special Commission on Crime
In a single calendar quarter in 1974,
Final Report, City of E1 Paso, Texas,
6,762 illegal aliens were arrested by
page 36.
the downtown foot patrol for offenses
other than illegal entry.
Crime
Illinois Study on Illegal Aliens,
Almost all are young, single male adults
Legislative Investigating Commission,
or married and unaccompanied by their
State of Illinois, 1971.
wives and families. This has bred
prostitution.
Crime
M. A. Farber, "Unlawful Aliens Use
Half of 210 arrested in 1973 in connection
Costly City Services," New York Times,
with an international cocaine-smuggling
December 30, 1974.
operation were illegals living and working
in NYC Area; estimated 6-10% of city jails'
7,300 inmates are illegal. No evidence
that illegals commit more crime, pro-
portionally, than other people.
Crime
I&NS Western Region, Regional
Of 571 foreign-born felony-charged
Commissioner's Annual Report, FY 1976,
prisoners in Los Angeles County jails, INS
Memorandum from Philip H. Smith dated
investigators interviewed 20% and found
September 3, 1976.
that 35% of those were deportable.
-
3
-
IMPACT AREA
SOURCE
FINDING
Criminal Justice
Joint Crime Suppression Task Force -
During a special exercise over a 3-day
Rampart Area Report. Los Angeles
period in 1974, 36.3% of felony arrestees
County Policy Department.
and 17.3% of misdemeanors arrested in the
Rampart area of Los Angeles were illegal
aliens, a figure estimated to be dis-
proportional to the assumed population by
223 to 391%.
Criminal Justice
Migration, Office of the Lieutenant
In San Diego County 234 illegal alien
Governor, State of California, 1976,
juveniles were served between June 6,
page 53.
1974 and July 21, 1975 at a cost of
$370 per person. Total cost $87,048.
Criminal Justice
Migration, Office of the Lieutenant
Estimated cost to probation department in
Governor, State of California, 1976,
South Central, East Los Angeles, and West
page 61.
San Fernando Valley offices for 1974 was
$269,893.80 for 1902 illegal aliens.
Illegals constitute 4.1% of total case
load.
Criminal Justice
Migration, Office of the Lieutenant
According to Raul Longoria of Edinburgh,
Governor, State of California, 1976,
Texas, more than 10,000 incidents were
page 53.
reported in 1974 in which juvenile illegal
aliens were apprehended and charged in
violation of state laws.
Criminal Justice
Illegal Juvenile Alien Crime Along The
Charges on apprehended illegal juvenile
Mexican-United States Borderland.
aliens.
Prepared by the State Youth Secretariat
Division of the Texas Department of
40.3% - Theft - Petty - Grand
Community Affairs, June 19/5.
26.1 - Immigration
21.4 - Burglary
10.5 - Other
- 4 -
IMPACT AREA
SOURCE
FINDING
Criminal Justice
Joint Crime Suppression Task Force -
Illegal aliens represent 42.5% of the
Rampart Area Report. Los Angeles
felony arrests for repressible crime,
County Police Department.
37.4% of felony arrests for narcotic/drug
offenses, and 38.4% of the arrests in
"other" felony category.
.A direct correlation does exist between
the presence of illegal aliens and the
level of criminal activity.
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LINDING
IMPACT AREA
SOURCE
FINDING
Cultural Impact
Illinois Study on Illegal Aliens,
Since almost all are here for the purpose
Legislative Investigating Commission
of earning money to take back or send
State of Illinois, 1971.
back to Mexico, they live under economically
depressed conditions that militate against
increasing the social well being of the
community.
Cultural Impact
Community Relations Service, Dept. of
While not all illegal aliens, dramatic
Justice cited in New York Times, April
influx of Spanish-speaking, a majority of
9, 1976, page 13.
whom are low-income, poorly-educated,
young, high fertility rates, has serious
implications for social order: increasing
number of bilingual and bicultural
communities, special demands on educational
system, friction between newcomers and
settled population.
- 6 -
IMPACT AREA
SOURCE
FINDING
Drugs
U.S. Congress. House. Immigration
Chinese illegal aliens were involved ex-
and Naturalization Service Regional
tensively in the smuggling of
Office Operations, Part 4 Hearing
heroin from Southeast Asia.
before a Subcommittee of the Committee
on Government Operations, 93rd Congress
1st Session, November 13 and 14, 1973.
Drugs
Joint Crime Suppression Task Force -
Illegal aliens represent a disproportionate
Rampart Area Report. Los Angeles
involvement in drug and narcotic activity
County Police Department.
in the Rampart Area.
Jase'
01
IUG
28 (WSLCU bb* S2I-2**
C*
to
JU
:
- 7 -
INSYCL VBEV
IMPACT AREA
SOURCE
FINDING
Education
Buder, Leonard. "65,000 illegal
Instruction of illegals costs New York
aliens reported in city schools."
City $78 million per year, an estimate
The New York Times, 12 June 1973.
derived from federal figures. One
thousand foreign students are enrolled
at City University. Although foreign
students pay the annual tuition of $900,
the actual cost per student is about
$2,100 per year.
Education
California State Social Welfare Board.
Brief analysis of the number, cost impact
"Position Statement: Aliens in
of foreign students on California insti-
California." California: Health and
tutions of higher learning.
Welfare Agency, Department of Social
Welfare, January 1973.
Education
Ortega, Joe C. "Plight of the Mexican
Illegal aliens living in the U.S. have very
Wetback." American Bar Association
few rights. Children of illegals are
Journal 58 (March 1972) pp. 251-54.
denied education in California where state
law requires school superintendents to
request documentation of citizenship of
children.
Education
Migration, Office of the Lieutenant
Claim for reimbursement as a result
Governor, State of California, 1976,
of educating nonimmigrant and noncitizen
a
page 48.
pupils in California in 1971-1972 -
4,386,017.49 for 5818 pupils.
Education
Migration, Office of the Lieutenant
The claims for reimbursement for the
Governor, State of California, 1976,
education of noncitizen children in San
page 48.
Diego County for the last 5. years have in-
creased from $107,000 in 1970-71 to
$228,000 in 1974-75. Enrollment has in-
creased 41%.
- 8 -
IMPACT AREA
SOURCE
FINDING
Health
North, David S., "Interactions Between
Of 793 apprehended illegal aliens who had
Illegal Alien Respondents and the
been employed in the U.S. for two weeks or
Social Security Tax Collection System:
longer, 27% reported using hospitals or
Some Preliminary Findings," a paper
clinics.
prepared for the Social Security
Administration, July 1976.
Health
U.S. Congress. House. Illegal Aliens
Effect on well fare and medical programs in
Part 2, Hearings before Subcommittee
Colorado. The Regional Director U.S. DHEW,
No. 1, 2nd Congress, 1st Session,
and medical doctors with the Colorado Health
June 24, 25; July 9 and 10, 1971.
Dept. and Migrant Coalition discuss impact
illegal aliens have in areas such as
residing in hazardous housing, incidence
of infectious diseases, low level of
immunization, and impact on Colorado and
Migrant Health budgets:
Health
U.S. Congress. House. Illegal Aliens
The July 9-10 hearings held in El Paso in-
Part 2, Hearings before Subcommittee
cluded testimony from U.S. DHEW Regional
No. 1, 2nd Congress, 1st Session,
Director and representatives of health
June 24, 25; July 9 and 10, 1971.
and welfare services, concerning impact
of illegal aliens upon health and welfare
in the border states.
Health
California State Social Welfare Board.
Regards data on impact illegals are having
"Position Statement: Aliens in
in the state of California tax supported
California." California: Health and
medical care.
Welfare Agency, Department of Social
Welfare, January 1973.
Health
"Un Illegal Aliens" El Paso Times
According to County Judge Udell T. Moore,
19 January 1975.
El Paso County spent $300,000 for medical
care to the children of illegals.
- 9 -
IMPACT AREA
SOURCE
FINDING
Health
Miami Herald, Miami, Florida, May 16,
Between November 1974 and May 1975
1975.
Jackson Memorial Hospital in Miami,
illegal aliens have cost the hospital over
$20,000, costs which were passed on to
other patients.
Health
"Taxpayers Hit by Alien Health Care,"
Los Angeles County Health Department
The Bakersfield Californian, October
estimated cost of health services to
7, 1974.
illegal aliens during 1973-74 fiscal year
at $8,153,804.
Health
Seman, Ray: Refund for Illegal Alien
Los Angeles County hospitals seek federal
Medical Care Sought." Los Angeles
reimbursement for $7 million in medical
Times, 26 June 1974.
care rendered each year. The county
collects only 10% of the costs from illegals;
taxpayers pay the remaining $7 million.
Health
Garzà, Daniel "Tracing the Deadly Tax
The illegal alien often brings serious
Drain of Mexican Aliens,: Dallas,
communicable diseases with him from Mexico,
August 1974, pp. 23.
yet avoids health officials until he is so
sick he is an emergency case. In the mean-
time barrio residents and others are exposed.
Health
U.S. Dept. of HEW. Regional Office
Talks about incidence of disease among
VI "Regional Memorandum" by Howard D.
illegal aliens being one of Region VI
McMahan, Regional Director. Dallas,
top priorities.
Texas, November 1973.
I I 10
IMPACT AREA
SOURCE
FINDING
Impact on Illegal Aliens
Numerous newspaper articles. Durham
Frequent deaths of illegal aliens while
Morning Herald, Aug. 22, 1976; New York
riding freight trains or being smuggled
Times, June 6, 1976, & April 28, 1976.
in crowded vans and trucks.
Impact on Illegal Aliens
New York Times, June 6, 1976, page 26.
Bandit gangs prey on Mexican aliens
crossing border; in 5 months, 5 killed
and scores wounded in 93 reported attacks;
probably no more than 20-25% of attacks
are reported.
Impact on Illegal Aliens
Illinois Study on Illegal Aliens,
Extortion of money by personnel placement
Legislative Investigating Commission
officers of industrial plants and by some
State of Illinois, 1971.
unscrupulous police officials is a
particularly obnoxious corruptive practice.
Impact on Illegal Aliens
U.S. Congress. House. Committee on
Discussion at these hearings on the
Government Operations. Immigration
exploitation of illegal aliens by
and Naturalization Service Regional Of-
unscrupulous employers.
fice Operations. Part 1 Hearings be-
fore a subcommittee of the Committee
on Government Operations, 93rd
Congress, 1st session, March 27; April
3 and 10, 1973.
Impact on Illegal Aliens
Samora Julian. Los Mojados: The l'et-
Chapter VI offers a profile of the wetback,
back Story. Notre Dame: University
talks about the problems of living outside
of Notre Dame Press 1971.
society and of the exploitation at all
levels.
- 11 - -
IMPACT AREA
SOURCE
FINDING
Labor
Gregory, John. "Life in the Barrios, A
Chicano-Mexican tensions regarding illegais:
Study of Alien Nation.' Los Angeles
Some exploitation, some assistance.
Times, 5 January 1975.
Primary, though anecdotal, data on life-
style differences and economic competition
between the two.
C
Labor
Holles, Everett R. "Ruling on Mexican
The impact of the Supreme Court regarding
Aliens Stirs Chicanos' Job Fears." The
the right of resident aliens to live in
New York Times, 2 December 1974.
Mexico and work in the U.S.
Labor
Washington. Inter-Agency Task Force
A composite of estimates from public service
for Agricul tural Workers. "Investiga-
officials indicated the presence of 5,000 or
tive Study of the Impact of Illegal
more illegal aliens working in agricul ture
Aliens on Farmworkers in the State of
during a peak period in 1974, most of whom
Washington." Preliminary Report,
were concentrated in the Yakima Valley.
December 1974.
There was an indication that most of these
workers were taking jobs away from local
and U.S. migrant workers. illegals re-
ceived an estimated $7.5 million in wages
which is reported by Post Offices to be
sent to Mexico.
Labor
Texas Good Neighbor Commission of Texas.
Talks about impact of illegal aliens on
Texas Migrant Labor 1973, Annual Report.
farm job market.
P.O. Box 12007, Austin, Texas 78711.
Labor
Illinois Legislative Investigating
Types of employment & places of employment
Commission. "Report to the General
of illegals - procurement of social
Assembly on the Problems of Illegal
security cards by illegals.
Aliens in Illinois." Chicago, Illinois,
October 1971.
Labor
U.S. Dept. of Labor. Manpower Admin.
Study on the direction in the change of un-
"The Legal and Illegal California Farm-
employment insurance costs in California
worker: Some Implications for Unem-
should farmworkers become eligible. Dis-
ployment Insurance," by Paul E. Sultan
cusses effects illegal aliens would have on
and John M. Virgo, January 1974.
unemployment insurance. Also considers the
extent, methods, and impacts of illegal
manpower flows into California. See
Chapters VI, VIII, IX, X.
12
IMPACT AREA
SOURCE
FINDING
Labor
U.S. Dept. of Labor. Manpower Admin.
Analysis of the patterns and barriers of
Farming and Farm Labor, by Paul Sultan
the occupational and geographic mobility OI
and Darryl D. Evans, Available from
farm laborers in California. Presence,
National Technical Information Service,
characteristics and role of illegals in
Springfield, Va. 22151, 1974.
farm-nonfarm employment is considered
in Chapters II V1I and VIII.
Labor
U.S. Dept. of Labor. Manpower Admin.
Study of the flow, magnitude and
The Border Crossers: People who Live in
characteristics of commuting Mexican
Mexico and work in the United States,
workers and their impact on the resident
by David S. North. Available from the
American Work Force in the Southwest, where
National Technical Information Service,
wages are generally low and unemployment
Springfield, Virginia 22151, April 1970.
high. The origins of the commutation
practice, the controversies it has created,
the role played by the border crossers in
a variety of federal programs and the
presence of illegals are also discussed.
Labor
U.S. Dept of Commerce. Manpower Admin.
Included in the bibliography on migrant
"Bibliographic Literature on Migrant
workers are several references to the
Seasonal Workers: An Annotated Re-
presence and impact of illegal aliens in
ference Guide.' Prepared by LMC Inc.
the farm labor force.
October 19/4.
Labor
U.S. Dept. of Commerce. Economic De-
Report states that "the large inflow of
velopment Admin. "Industrial and Em-
legal and illegal Mexican immigrants, to-
ployment Potential of the United States-
gether with commuters who live in Mexico
Mexican Border," by Robert R. Nathan
but work in the United States, undoubtedly
Associates, Inc. December 1968.
contributes to disruption of the labor
market and to poverty problems on the U.S.
side of the border.
Labor
U.S. Congress. House. Illegal Aliens,
Testimony at these New York hearings from
Part 4, Hearings before Subcommittee No.
the DOL Regional Manpower Administrator
1, 92nd Congress, 2nd Session, March 10
affirmed the belief that illegal aliens
and 11, 1972.
seriously depress wages and impair working
conditions.
- 13 -
IMPACT AREA
SOURCE
FINDING
Labor
U.S. Congress. House. Illegal Aliens
The July 9-10 hearings held in El Paso
Part 2 Hearings before Subcommittee
included testimony and statements from
No. 1, 2nd Congress, 1st Session, June
DOL Regional Manpower Director, re-
24, 25; July 9 and 10, 1971.
presentatives of local labor unions, em-
ployment agencies, and employers con-
cerning impact that illegals have upon un-
employment, their wages and the question
of labor certification.
Labor
U.S. Dept. of Labor. Manpower Admin.
A study of that part of the U.S. immigrant
Alien Workers: A Study of the Labor
screening process administered by the
Certification Program, by David S.
Dept. of Labor's labor certification. The
North. Available from the National
report provides a history of the program,
Technical Information Service, Spring-
describes its operation, and analyses its
field, Virginia 22151, August 1971.
impact on the labor market.
Labor
Population and the American Future,
Recommends that Congress immediately con-
Final Report. Washington, D.C.:
sider passing legislation imposing civil
Government Printing Office, 19/2.
and criminal sanctions on employers of
illegal border crossers or aliens in an
immigration status in which employment is
not authorized.
Labor
Samora, Julian, and Bustamante, Jorge.
Mexican immigration and American labor
"Mexican Immigration and American
demands.
Labor Demands." Paper presented at the
Center for Migration Studies, Brooklyn
College, New York 1970. Reprinted in
U.S. Senate Committee on Labor and
Public Welfare, Hearings of the Sub-
committee on Migratory Labor, 91st
Congress, 1st and 2nd Session, Part 7-
13 pp. 4783-4821.
Labor
U.S. Senate Committee on Labor &
Focus on the presence and impact of
Public Welfare, Migrant and Seasonal
illegal aliens Part 4-13 Farmworker legal
Farmworker Powerlessness, Part I-8C
Problems; Part 5-13 Border Commuter Labor
Hearings before the Subcommittee on
Problems; Part 7-13 Manpower and Economic
Migratory Labor 91st Congress 1st and
Problems.
2nd Session, 1969-1970.
- 14 -
IMPACT AREA
SOURCE
FINDING
Labor
Miami News, Miami, Florida August 26,
An estimated 70,000 aliens are working
1974.
illegally in Dade County while 43,000
citizens are out of work.
Labor
Migration, Office of the Lieutenant
A study prepared by the San Diego County
Governor, State of California, 1976,
Human Resource Agency in November 1975
page 29.
estimated that approx. 9,000 illegal aliens
hold jobs in San Diego County and earn
wages totaling $34,560,000. 63% earn less
than $2.50 per hour. Average wage was
$2.00.
Labor
Migration, Office of the Lieutenant
The Report estimates that over 150,000
Governor, State of California, 1976,
illegal Mexican aliens are employed in the
page 29.
city of Los Angeles alone. If accurate,
there are more Mexicans employed in LOS
Angeles than in any city in Mexico except
Mexico City and Guadalajara.
Labor
Lippman, Leopold. "Guest Workers,
The use of the guest worker in Europe and
Handicapped Workers: Are they the
the illegal worker in the U.S. who are
Seed bed of Conflict" The Social
willing to perform unpleasant work for low
and Rehabilitation Record 1 (October
pay, has substantial - and negative im-
1974): 20-24.
plications for the prospects of employment
for handicapped and rehabilitated workers.
Labor
Mexican Intersecretariat Study.
46.8% illegal aliens found work in the U.S.
Mexico 1974.
53.2% never did, majority in agriculture,
average number of days worked in U.S. was
62.
Labor
Washington. Inter-Agency Task Force
There were overwhelming indications that
for Agricultural Workers. "Investiga-
jobs were being taken from local and U.S.
tive Study of the Impact of Illegal
migrant workers by illegals, which caused
Aliens on Farmworkers in the State of
them economic stress.
Washington." Preliminary Report,
December 1974.
- 15 -
IMPACT AREA
SOURCE
FINDING
Labor
Stoddard, Ellwyn R. "Illegal Mexican
According to Cesar Chavez, a mass of un-
Labor in the Borderlands: Institu-
employed Mexican Nationals available to
tionalized Support of an Unlawful
the American employer would completely
Practice,: a paper prepared for
undermine Chicanos in their tactics of
presentation at the 70th Annual Meeting
organized labor bargaining.
of the American Sociological Associa-
tion, August 25-29, 1975.
Labor
Illinois Study on Illegal Aliens
Conservatively, 15,000 jobs now held by
Community Relations Service, Dept. of
Mexican illegals deprive employment to
Illinois, 1971.
legally admitted aliens and United States
citizens residing in Illinois. This
situation aggravates the State's unemploy-
ment problem and causes collateral, un-
favorable economic ramifications.
Labor
U.S. Congress. House. Committee on
At these hearings Congress talks about the
Government Operations. Immigration and
involvement of illegal aliens in government
Naturalization Service Regional Office
sponsored programs such as OEO.
Operation, Part 1, Hearings before a
Subcommittee of the Committee on
Government Operations, 93rd Congress,
1st Session, March 27, April 3 and 10,
1973.
Labor
U.S. Congress. House. Illegal Aliens,
At the January 21 Detroit hearings a re-
Part 3, Hearings before Subcommittee
presentative of the local Veterans of
No. 1. 92nd Congress 1st Session,
Foreign Wars spoke on the effect of illegal
October 22 and 23, 1971; January 21,
aliens upon veteran's opportunities for
1972.
employment in the area.
- 16 -
IMPACT AREA
SOURCE
FINDING
Labor
North, David S., "Interactions Be-
The average hourly wage of 793 apprehended
tween Illegal Alien Respondents and
illegal aliens who had worked in the U.S.
the Social Security Tax Collection
at least two weeks was $2.71. The lowest
System: Some Preliminary Findings," a
paid respondents earned $2.34 per hour as
paper prepared for the Social Security
compared to 84.08 for the highest paid.
Administration, July 1976.
Labor
North, David S., "Interactions Be-
Of 793 apprehended illegal aliens who had
tween Illegal Alien Respondents and
worked in the U.S. for 2 weeks or longer
the Social Security Tax Collection
only 16% had joined a labor union.
System: Some Preliminary Findings,' a
paper prepared for the Social Security
Administration, July 1976.
Labor
U.S. Congress. House. Illegal Aliens
DOL Denver Regional Manpower Administration,
Part 2, Hearings before Subcommittee
Wage and Hour Div. Asst. Area Director, and
No. 1. 2nd Congress, 1st Session, June
Colorado State Representatives testified
24, 25; July 9 and 10, 1971.
about impact illegal aliens have on labor
problems (including violation of minimum
wage laws), impact of illegals on urban as
well as rural employment.
Karkashian, John E., "The Illegal Alien"
Labor
unpublished paper for the Senior Seminar
30% apprehended in 1975 were employed and
in Foreign Policy Dept of State, 1976.
many earning above minimum wage.
Labor
Cornelius, Wayne A., "Mexican Migra-
At least in the agricultural sector, the
tion to the United States: The View
principal impact seems to be the depression
from Rural Sending Communities, a
of wage scales for certain types of un-
paper presented at the conference on
skilled jobs, rather than displacement of
Mexico and the United States: The
native Americans from them. They do, how-
Next Ten Years, School of Interna-
ever, complete directly for certain types
tional Service, The American University
of non-agricultural jobs, particularly in
Washington, D.C. March 18-19, 1976.
factories and in the construction industry;
but the degree of competition varies con-
siderably among job categories and aliens
are frequently severely handicapped by
low skill levels, low levels of formal
education, and lack of facility in the
English language.
- 17 -
IMPACT AREA
SOURCE
FINDING
Local Economy
U.S. Congress. House. Illegal Aliens
The October 22-23 Chicago hearings con-
Part 3, Hearings before Subcommittee
cerned the impact that an indeterminate
No. 1 92nd Congress, 1st Session,
number of illegals would have on the urban
October 22 and 23, 1971; January 21,
labor market, unemployment, and living
1972.
conditions of Mexican Americans in the
Chicago area.
Local Economy
Briggs, Vernon M. Jr. Chicanos and
A study on the adverse effects of the
Rural Poverty, Baltimore: The John
Southwest rural economy upon Chicanos,
Hopkins University Press, 1973.
including considerable discussion of the
number, characteristics and impact of
illegal Mexican aliens.
Local Economy
Portes, Alejandro "Return of the Wet-
In the U.S. only the poor pay the price of
back" Society, April/May 1974,
illegal immigration: U.S. employers
pp. 40-46.
benefit from the existence of this pool
of abundant cheap labor.
Local Economy
Velie, Lester. "Poverty at the Border:
This article describes the adverse economic
Mexican Labor Brought in by Greedy U.S.
problems created for the American farm-
Employers.: Readers Digest 97 (August
worker by the influx of green card commuters
1970) 92-7.
and border crossers.
Local Economy
Briggs, Vernon M. Jr. "The Mexico -
This study describes the history of illegal
United States Border: Public Policy
Mexican immigration to the U.S. and recent
and Chicano Economic Welfare.' Austin:
attempts to control it through legislation.
Center for the study of Human Resources,
The author contends that a tight border
the University of Texas, 1974.
policy is an essential component to any
public effort to improve Chicano economic
welfare.
Local Economy
Greene, Sheldon L. "Immigration Law
In 1966 domestic farmworkers wages were
and Rural Poverty - The Problems of the
under half the average prevailing wage in
Illegal Immigrant, Duke Law Review, No.
industrial employment. Efforts to unionize
3 (1969) 475-94.
farmworkers failed due to a large influx of
inexpensive nonresident Mexican labor.
- 18 -
IMPACT AREA
SOURCE
FINDING
Social Security
North, David S., "Interactions Between
Of 793 apprehended illegal aliens who had
Illegal Alien Respondents and the
been employed in the U.S. two weeks or
Social Security Tax Collection System:
longer, 77% reported they had social
Some Preliminary Findings," a paper
security taxes withheld from their pay.
prepared for the Social Security Ad-
ministration, July 1976.
Social Security
U.S. Congress. House. Immigration and
Representatives from DHEW testified in these
Naturalization Service Regional Office
hearings on the extent to which illegals are
Operations, Part 4 Hearing before a
receiving benefits under social security
Subcommittee of the Committee on
and other programs administered or super-
Government Operations, 93rd Congress,
vised by DHEW.
1st Session, November 13 and 14, 19/3.
Social Security
U.S. Dept of HEW, Regional Office VI
Regional Director of HEW Region VI talked
"Regional Memorandum," by Howard D.
about use of social security card as a
McMahan, Regional Director. Dallas,
device for identifying persons who are
Texas, November 1973.
entitled to work and also identifying
illegal aliens. This measure as a means
to combating unemployment created by
illegals.
Social Security
North, David S., "Interactions Between
Three-quarters interviewed said their last
Illegal Alien Respondents and the
employer had deducted social security con-
Social Security Tax Collection System:
tributions. The pattern was uneven, how-
Some Preliminary Findings," a paper
ever. The lowest rate was reported in the
prepared for the Social Security Ad-
23 counties adjoining the U.S. -Mexico
ministration, July 1976.
border, where only 27.9% of the respondents
reported deductions.
- 19 - -
IMPACT AREA
SOURCE
FINDING
Taxes
Migration, Office of the Lieutenant
San Diego County estimates that $6,768,000
Governor, State of California, 1976,
in total taxes are lost through the
page 30.
illegal aliens employed in the county.
Taxes
Migration, Office of the Lieutenant
Estimates of earnings and taxes paid based
Governor, State of California, 1976,
on two assumptions of number of illegal
page 31.
aliens working.
Assumption 1
Assumption 2
$24,840
Number
$276,000
123,000,000
Earnings
1,000,000,000
8,200,000
Fed. In-
92,000,000
come Tax
3,400,000
Property
38,000,000
Tax
1,900,000
S&L
26,200,000
1,300,000
Gasoline
15,000,000
Taxes
Illinois Study on Illegal Aliens,
Of the 190 arrested illegal Mexican aliens
Legislative Investigating Commission,
who were spot-checked, 114 failed to file
State of Illinois, 1971.
any State income tax returns.
Taxes
Illinois Study on Illegal Aliens,
Apprehended illegal Mexican aliens
Legislative Investigating Commission,
frequently claim up to 10-12 dependents
State of Illinois, 1971.
each on their Federal and State income
tax withholding forms in order to increase
their take-home pay.
Taxes
North, David S., "Interactions Betwees
Of 793 apprehended illegal aliens who had
Illegal Alien Respondents and the
been employed in the U.S. for two weeks
Social Security Tax Collection System:
or longer, 73% reported having income taxes
Some Preliminary Findings," a paper
withheld from their pay.
prepared for the Social Security Ad-
ministration, July 1976.
- 20 -
IMPACT AREA
SOURCE
FINDING
Taxes
Walsh, Denny. "House Panel estimates
House panel estimates U.S. and states lose
U.S. and States lose $115 million a
$115 million a year in taxes that illegal
year in taxes that illegal Aliens
aliens escape.
Escape." The New York Times, 13 June
Karkashian, John E., "The Illegal Alien",
Taxes
unpublished paper for the Senior Seminar25% of employed illegal aliens receive
in Foreign Policy, Dept. of State,
pay in cash and pay no Federal, State,
1976.
or city taxes.
Taxes
Cornelius, Wayne A., "Mexican Migration
Nearly all paid social security, about
to the United States: The View from
half had personal income taxes withheld,
Rural Sending Communities," a paper
some paid property taxes.
presented at the Conference on Mexico
and the United States: The Next Ten
Years, School of International
Service, the American University,
Washington, D.C., March 18-19, 1976.
Taxes
U.S. Congress. House. Interim Report
Based on the 1973 series of hearings held
on Immigration and Naturalization
by the Subcommittee on Legal and Monetary
Service Regional Office Operations.
Affairs and two GAO reports on the INS
House Report No. 93-1623, 93rd Congress
relays findings on such issues as illegal
2nd Session, December 18, 1974.
aliens and unpaid taxes.
- 21 -
IMPACT AREA
SOURCE
FINDING
Welfare
North, David S., "Interactions Between
Of 793 apprehended illegal aliens who had
Illegal Alien Respondents and the
been employed in the U.S. for two weeks or
Social Security Tax Collection System:
longer, 4% collected one or more weeks of
Some Preliminary Findings," a paper
unemployment insurance, 1% participated in
prepared for the Social Security Ad-
U.S. funded job training programs, 1%
ministration, July 1976.
secured food stamps, and 0.5% secured
welfare payments.
Welfare
Washington. Inter-Agency Task Force
There is no indication that the presence
for Agricultural Workers. "Investiga-
of illegal aliens has caused an increase
tive Study of the Impact of Illegal
in demand for public welfare services ex-
Aliens on Farmworkers in the State of
cept in food stamps andmedical services.
Washington." Preliminary Report,
December 1974.
Welfare
Cornelius, Wayne A., "Mexican Migration
3 of 30 collected unemployment insurance;
to the United States: The View from
none ever received free medical care, food
Rural Sending Communities," a paper
stamps, or welfare benefits.
presented at the Conference on Mexico
and the United States: The Next Ten
Years, School of International Service,
The American University, Washington,
D.C., March 18-19, 19/6.
4
Welfare
New York Times, June 14, 1976, page 35.
NYC Human Resources uncovered "marriages
of convenience;" removal of 736 persons,
including 103 aliens; monthly savings of
$76,500.
Welfare
Quality Control Study on AFDC by
In a 1975 study by SRS, .036% of a re-
Social Rehabilitation Service.
presentative sample of AFDC recipients
were found to be illegal aliens. Total
cost of illegal aliens on welfare projected
to be $3.8 million per year.
- 22 -
APPENDIX B
TASK FORCE MEMBERS
Immigration Law and Policy task force
Chair: Leonard F. Chapman, INS
Members: Craig A. Barrington, DOL
William W. Fee, OMB
Cornelius D. Scully, DOS
Law Enforcement task force
Chair: James F. Greene, INS
Members: Malcolm E. Arnold, OMB
Mrs. Dorothy Come, DOL
Walter J. Gorman, DOT/IRS
Vernon B. Hann, DOT/CS
Gilbert G. Pompa, DOJ/CRS
Thomas C. Parrott, HEW/SSA
Ernest B. Dane, DOS
Social and Community Impact task force
Chair: Victor H. Vazquez, HEW
Members: Meyer Zitter, Daniel Levine, CENSUS
Orval Kerchner, DOA
Phil Hanna, OMB
Gil Pompa, DOJ/CRS
Economic and Labor Market Impact task force
Chair: Abraham Weiss, DOL
Members: David T. Hulett, OMB
William C. Motes, DOA
Leslie W. Small, DOC
Ross Sommers, DOT/IRS
Foreign Relations task force*
Chair: William H. Luers, DOS
Members: James B. Clawson, DOT
William C. Motes, DOA
James M. Ravlin, DOC
* Also known as the Inter Agency Committee on Mexican
Migration to the U.S. which had been previously constituted
pursuant to meetings between President Ford and President
Echeverria of Mexico in 1974. The scope of its activities
as originally defined has been broadened for purposes of the
Domestic Council Committee work.
- 2 -
Herbert N. Blackman, DOL
Victor Vazquez, HEW
James F. Greene, INS
Mary Brownell, NSC
Richard D. Parsons, DC
Loren E. Lawrence, DOS
John T. Dreyfuss, DOS
Abbreviations
CRS - Community Relations Service
CS - Customs Service
DC - Domestic Council
DOA - Department of Agriculture
DOC - Department of Commerce
DOJ - Department of Justice
DOL - Department of Labor
DOS - Department of State
DOT - Department of Treasury
HEW - Department of Health, Education and Welfare
INS - Immigration and Naturalization Service
IRS - Internal Revenue Service
NSC - National Security Council
OMB - Office of Management and Budget
SSA - Social Security Administration
DOJ-1976-12
Illegal Aliens
UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
PLEASE ADDRESS REPLY TO
WASHINGTON, D.C. 20536
CO 1326-P
OFFICE OF THE COMMISSIONER
DEC 2 9 1976
AND REFER TO THIS FILE NO.
Dear Mr. Parsons:
As part of the major Illegal Alien Study effort, I&NS has recently
completed the Fraudulent Entrants Study which was designed to determine
the flow of illegal aliens entering through the ports of entry with
counterfeit or altered alien or citizen documents, borrowed or stolen
valid documents, false verbal claims to United States citizenship, or
valid documents the terms of which the bearer intended to violate.
The study, which was undertaken between September 1975 and February
1976, was conducted along a statistically defensible design by two teams
of four Immigration Inspectors each at the ten largest international air-
ports and the twelve largest Southwest border land ports of entry. Major
findings of the study include:
FRAUDULENT DOCUMENTS INTERCEPTED
(This category includes aliens with counterfeit or altered
alien documents or who were impostors presenting valid cards
along the Southwest border).
The results of the Fraudulent Entrants Study indicate that at
least 14 times the routinely detected number of aliens with
fraudulent documents successfully enter through Southwest
border ports of entry.
An estimated 145,000 aliens with fraudulent documents are
successfully entering the United States through Southwest
border ports each year.
FORD is LIBRARY GERALD
FALSE CLAIMS TO U.S. CITIZENSHIP
The results of the Fraudulent Entrants Study indicate that at
least 10 times the routinely detected number of aliens falsely
claiming U.S. citizenship are entering at Southwest border ports
of entry.
An estimated 103,000 aliens falsely claiming to be U.S. citizens
are successfully entering the United States through Southwest
border ports each year.
ALIENS VIOLATING THE TERMS OF THEIR ADMISSION WITH BORDER CROSSING
CARDS
The results of the Fraudulent Entrants Study indicate that at
least 13 times the routinely detected number of aliens entering
with border crossing cards and subsequently becoming illegal once
they are in the United States are being admitted at Southwest
border ports of entry.
An estimated 205,000 aliens are successfully entering the United
States each year through Southwest border ports by entering with
a valid border crossing card and subsequently working or otherwise
violating the terms of their temporary admission.
The results of the Fraudulent Entrants Study indicate that at
least 14 times the routinely detected number of inadmissible
aliens are successfully entering the United States through
major airports.
FORD is LIBRARY GERALD
An estimated 50,000 aliens for whom it can be determined at
entry intend to work or become illegal through other means after
entry with a valid visitor or student visa, or who have fraudulent
documents, or who make false claims to U.S. citizenship are
successfully entering the United States through the major
airports each year. This figure does not include the thousands
of visitors and students who enter legally and subsequently de-
cide to remain illegally in the United States.
Based on these data, there are more than one-half million illegal entries
into the United States each year through ports of entry. This number compares
with the 44,328 aliens who awere denied admission during 1975 because they were
attempting entry with counterfeit or altered alien or citizen documents as
impostors, by false verbal claims to U.S. citizenship, or valid documents the
terms of which the bearer intended to violate. An additional 750,000 aliens
who were determined to be inadmissible for other reasons were also denied
entry during FY 1975. Aliens in these other categories were not included in
the Fraudulent Entrants Study, however.
The Fraudulent Entrants Study indicates, for international airports
and Southern land border ports, the dimensions of the illegal alien influx.
To achieve a denial rate that is far closer to the total number of illegal
aliens entering through the ports, I have made prevention, both at the ports
of entry and between them, the Service's top priority.
I am enclosing for your interest a copy of this first completed part of
the Illegal Alien Study. As the other parts of this major effort become avail-
able, they will also be forwarded to you. Please call me if you would like
additional copies of the Fraudulent Entrants Study or if I can answer any
questions you may have about the Study.
Sincerely,
L. F. Chapman, Jr.
Commissioner
Honorable Richard D. Parsons
Assistant Director and Counsel
Domestic Council
The White House
Washington, D.C. 20500