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1505181
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Illegal Aliens
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1505181
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Illegal Aliens
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Theodore C. Marrs Files (Ford Administration)
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Illegal aliens
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1975-09-30
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The original documents are located in Box 9, folder "Illegal Aliens" of the Theodore C. Marrs 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 Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 9 of the Theodore C. Marrs Files at the Gerald R. Ford Presidential Library Dr. marrs: the Presidents Council X Committee as a Staff member 2. these observations interesting, on Illegal aliens you may find and perhaps informative Herace Harris 5434 Whispering Creek Houston, Texas 77017 September 3, 1975 Mr. Howard Fleiger, Editor Mr. John H. Adams, Managing Editor U. S. News and World Report 2300 "N" St. N. W. Washington, D. C. 20037 FORD & LIBRARY GERALD Gentlemen: I sent copies of my letters of June 3, 1974 and July 2, 1974 to you on the subject of immigration and illegal alien problems, and you acknowledged receipt of them. I believe it barely possible that your interview with General Leonard Chapman, Commissioner of Immigration and Naturalization, which appeared in your issue of July 22, 1974, might have resulted from the information furnished by me. I believe also that the Commissioner fully substantiated what I said in my letters. As a result of the Attorney General saying in the interview reported in your June 30, 1975 issue that a Social Security Card issued now "is proof of citizen- ship, a proof of legal residence, so it is a kind of domestic passport", I decided to refute his statement in the attached "Things You May Not Know About Immigration Or Aliens". It is most unfortunate that he was misinformed on this matter and has so misinformed the nation through your publication. The Central Office of the Immigration and Naturalization Service is at a disadvantage in calling his hand on the incorrect statement, because he is the "boss". There is no reason why I cannot do so. No doubt he was a good antitrust attorney in a Democratic Administration. Any official of the Immigration and Naturalization Service can tell you that a Social Security Card is proof of nothing, except that a number was issued to someone not identified on the card. If cards being issued now are proof, as the Attorney General has been quoted as saying, why are his subordinates apprehending and removing holders of these cards from the country daily? Since beginning to write my observations, I have read more newspaper articles quoting I & NS officials as substantiating what I had already written, so I do not stand alone in challenging what the Attorney General was quoted as saying about Social Security Cards proving alien or citizen status. It is a shame and a disgrace to responsible government that an agency set up to handle accounts gets into the picture as determining who is employable, because it is making a mess of it, and many people are being deceived by relying on Social Security Cards as evidence of legal employability. You may print this letter or the observations if you wish, with or without compen- sating me therefor, and you may use or omit my name. The people deserve to know the truth, especially since there are as many aliens illegally in the country as there are legal resident aliens, perhaps more. The Attorney General, Members of Congressional Committees with interest in this problem, and other officials in Washington, will re- ceive copies of this letter and attachments, but for the present, they are not being furnished to other publications. Yours very truly, Horace C. Harris Att. CC THINGS YOU MAY NOT KNOW ABOUT IMMIGRATION OR ALIENS A retired official of the Immigration and Naturalization Service is willing to share some observations with you, which you possibly have not had an opportunity to learn firsthand. It is the duty of all citizens to uphold the laws of the land, otherwise, why the ballyhoo about a Bicentennial observance? It is an unhealthy situation to have employers across the land aiding millions of illegal aliens to violate the law by employing them. It has become as popular as violations of the prohibition laws ever were, almost. The illegal alien uses very sophisticated means to gain entry into and to remain in the United States. He may buy a fraudulent birth or baptismal certifi- cate showing birth in the United States, or he may borrow or purloin one. A Houston newspaper front page headline August 30, 1975 reads "Birth Certificate Black Market Here". The article says illegal aliens pay thirty to five hundred dollars ($30 - 500) and use them to obtain jobs, Social Security benefits and welfare payments. "The vendors include notaries, church clerks and midwives." A report from Newark says "the problem is pervasive". Counterfeit or altered Alien Registration Receipt Cards, the only document recognized by the I & N S as evidence of legal residence, are becoming more common. Other issuances, such as false, stolen or borrowed Selective Service Cards, Voter Registration, etc., are being used to support false claims of U. S. Citizenship. Here is the clincher! Illegal aliens present these spurious documents to the Social Security Administration when applying for cards, and its employees have neither the mechanics, nor training, to detect such frauds. Once he has a Social Security Card, the alien no longer carries the fraudulent papers and Immigration officers are deprived of some opportunities to detect the frauds. -2- The much heralded cooperation between the I & N S and the Social Security Administration is for practical purposes a "dud". An investigator can produce several apprehensions from "cold search" in less time than he can check out a report or referral from Social Security, principally because of delays involved. Inasmuch as Social Security issues numbers all over the country, reports from where there is no Immigration Office are almost totally useless. Social Security cards issued today do not differ in information shown theren from the ones held by millions of aliens already in the country illegally. Also, some union hiring halls issue "chits" to persons presenting cards which may belong to another person and they are then put back into circulation. Aliens who have been admitted for residence during the last fifty (50) years have been documented when admitted. The currently issued document is an ALIEN REGISTRATION RECEIPT CARD. Since a valid Alien Registration Receipt Card, bearing his photograph, is the only authentic document than an alien who has entered this country in the last twenty (20) years can present to any employer, any alien who cannot present one should be suspect, and it is a violation of laws not to possess one. This should allay any contention that a Social Security card is "a better approach than putting the burden of proof on the employer". The Immigration and Naturalization Service stands ready to deter- mine for the employer whether the alien is employable. THE ONLY EFFECTIVE DETERRENT TO ILLEGAL ENTRY IS TO DRY UP THE AVAILABILITY OF EMPLOYMENT. Those who would drag out, the "red herring" of discrimination to defeat a measure to rid the country of millions of illegal aliens at a time when there are millions of unemployed citizens, are using the same tactic which has always been used against all proposed laws which in any way restricted or regulated the coming -3- of people to this country in the past. Millions, perhaps billions, of dollars are being spent to provide welfare and unemployment payments, food stamps and education for aliens illegally in the country. Six illegal alien children in Houston are suing for free tuition as the School Board knows they are illegally here. Thousands more attend school across the country without knowledge of the boards that they are unlawfully here. The Rodino Bill would not apply to Mexican Nationals alone, but to aliens from around the world, including Canadians (I hear no objections from them), such as deserting alien seamen, stowaways, aliens who should enter with immigrant visas, but enter in the guise of visitors, with no intention of departing, traders, students, etc., who fail to leave at the termination of the period of admission, or extension thereof. It would also relate to the holders of Border Crossing Cards who fail to depart at the end of 72 hours, and there may be a million of them, including domestics and the persons who serve you at the market or elsewhere. These, along with illegal entrants, are a major reason why millions of citizens are unemployed. I recommend that the issuance of border crossing identification cards to aliens residing in foreign contiguous territory be suspended for two years, or until the Commissioner of Immigration and Naturalization certifies that cards which already have been issued are no longer being used illegally in significant numbers. Section 101 (A) (6) Imm. & Nat. Act (8USC 1101 (A)(6) Some Say we May have a permanent unemployment rate of several million, and I agree to this, unless the Rodino Bill, or similar legislation is passed. Why legislate against Europeans and Asiatics, included in the classes above, and leave the Mexican Nationals exempted? -4- May I say that aliens come in all colors except iridescent, and speak many languages and dialects. Immigration laws once mentioned colors and races, but such was eliminated when people yelled "discrimination". What would the red, black, white, or yellow races say if we favor Mexican Nationals because of race or color? We hear from spokesmen from "Hispanic Groups" in loud voices, while native unemployed or poorly paid Chicanos and their families, as well as legal resident aliens, suffer. Many employers prefer to have no knowledge that their employees are illegal aliens. They say that apprehended "wetbacks" were the best workers they had, or that they could not stay in business without employing "wetbacks". They, while professing to be law-abiding citizens, welcome apologists for their cause who yell "discrimination". Some illegal aliens have been removed many times and often return to the same employer. I admit some might become so fluent in English as to pose a problem in determining citizenship, but loyalty to the employer or because of skills learned while illegally here, might influence the employer to take the risk. A competent "Tex-Mex" native knows the difference, and any employer of Mexicans should use this ability of some native in such matters; however, many employers speak the language well enough to distinguish between Mexicans who have foreign childhood backgrounds, especially since natives have had the benefit of compulsory school attendance laws. (The employer should again consult I & N S if in doubt.) QUESTION: Should we let one or two percent who cannot satisfy as to citizen - - ship because of lack of fluency due to inattention or indifference to the language of the land, or other factors, serve as an effectual deterrent to the passage of H.R. 982 or any other much needed law? Any person who supports such contention is suffering with credulity or has an ulterior motive; an axe to grind, maybe! -5- AS FOR THE RODINO BILL, I HAVE CERTAIN RESERVATIONS, BUT TO GET A LAW WHICH WOULD ENABLE MILLIONS OF AMERICANS TO GO BACK TO WORK, I'LL SWALLOW MY RESERVATIONS IN FAVOR OF H. R. 982. In case you are interested in my reservations, I would say that the amnesty amendments added in Committee to permit certain illegal aliens to apply for grant of resident status, is the greatest reward that could possibly be extended to an alien for breaking a law. He would benefit from an original illegal entry, as well as for any unlawful reentries. Some aliens have been sent out of the country twenty to thirty times. (I believe I heard of one being removed forty times.) No permanent record is kept of voluntary departures in lieu of deportation. Such aliens are not fingerprinted and no index is maintained of them. Finding a record of their mis- behavior while in the country would be a burden upon the government. As for the unusual hardship variety, may it be said that had he not violated the law of our land, he would not be able to remain here to become a potential welfare, or medi- care case, for the remainder of his life. WHAT A WINDFALL! Section 245 of the Imm. & Nat. Act (the boon of sultry lovers) should be repealed rather than amended. It was put in the 1952 Act as a palative. The amnesty provision mentioned above are palatives to appease objectors to the bill. Section 245 has resulted in untold thousands coming to the country in the guise of temporary visitor, anticipating a change of status to residents, and has caused other thousands to overstay for the same reason. Many fraudulent marriages have been uncovered, including one woman who petitioned non-quota status for seven (7) alien husbands within a year. Some cases have been discovered of aliens marrying American women, who petitioned for them, and the aliens were usually granted status as legal residents. They may be naturalized after three years as spouses of U. S. -6- citizens, then they abandon or divorce the American women and return to their native countries, to bring their original families in as spouses and children of American citizens. Alien women employ similar tactics. These and other types of fraud are commonplace, but not all are detected, I am sure. A subsection of law which should be repealed also is the one in Section 265 of the Imm. & Nat. Act (8 USC 1305) requiring alien residents to submit address cards each January. Over four million do so each year. These cards are counted, placed in boxes or filing cases, and that is all. It seems the requirement was instituted for annoyance value to cause more aliens to apply for citizenship. Some said the alien population would disappear that way! But with over four million resident aliens reporting annually, it would seem many unconcerned aliens don't care to become un- concerned citizens. Anyway, the Address Report Program is a nuisance and costly and should be eliminated. I shall be happy to accept H. R. 982 if it can get through Senator Eastland's Committee. If it cannot I have a substitute with enough subject matter for reference to other committees in both Houses, yet with enough meat in it to make it self- enforcing. One final fact: If you believe the major portion of illegal entrants enter into agriculture, I shall be happy to furnish facts and figures -- many earn impressive wages and salaries. We hold these Truths. We hold these Truths. Mr. & Mrs. Horace C. Harris 5434 Whispering Creek Way POSTAL AN Houston, Texas 77017 "S 'n S. 'II 197' UNITED STATES UNITED STATES Dr. Theodare @. Marro, The white House White House Staff RECEPTION HOUSE SECURITY Washington, D.C. 20 SEP B 8 1975 Processed September 27, 1975 FORD & LIBRARY GERALD MEMORANDUM FOR: THE ATTORNEY GENERAL THRU: PHIL BUCHEN FROM: THEODORE C. MARRS For your information. pft September 27, 1975 FORD & 076830 LIBRARY Dear James: Your views on "illegal aliens" have been widely disseminated for consideration within the Administration. Sincerely, Theodore C. Marrs Special Assistant to the President The Most Reverend James S. Rausch General Secretary United States Catholic Conference 1312 Massachusetts Avenue, NW. Washington, D.C. 20005 TCM:pft CC: Atty. General (thru Phil Buchen) - FYI CC: Domestic Council - - FYI CC: Secretary, HEW - FYI cc: Budley Chapman - (INS) STATES UNITED CATHOLIC 1312 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20005 Most Reverend Joseph L. Bernardin, Archbishop of Cincinnati CONFERENCE President MOST REV. JAMES S. RAUSCH General Secretary REV. ROBERT V. MONTICELLO Associate General Secretary REV. MICHAEL J. SHEEHAN Assistant General Secretary September 2, 1975 The Honorable Theodore C. Marrs Special Assistant - Human Resources The White House LISTARY GERALD R. FORD Washington, D.C. Dear Ted: For your information, I am sending you the attached copy of a letter I have just written to President Ford on legislation dealing with "illegal aliens." As you know, the United States Catholic Conference is greatly concerned about the government's policy in this regard. Anything you can do to insure careful consideration of our views by appropriate officials within the Administra- tion would be greatly appreciated. Sincerely yours, fames A. Rausch Most Reverend James S. Rausch General Secretary Enclosure JSR/jc STATES UNITED CATHOLIC 1312 MASSACHUSETTS AVENUE, N.W. WASHINGTON. D.C. 20005 Most Reverend Joseph L. Bernardin, Archbishop of Cincinnati CONFERENCE President MOST REV. JAMES S. RAUSCH General Secretary REV. ROBERT V. MONTICELLO Associate General Secretary REV. MICHAEL J. SHEEHAN Assistant General Secretary September 2, 1975 The President The White House FORD & GERALD LIBRARY Washington, D.C. Mr. President: I am writing you about a matter of great concern to the Catholic bishops of the United States. At the meeting of June 18, 1975, between members of the Executive Committee of the United States Catholic Conference and yourself, we expressed our views about the "illegal alien problem" in the United States. At that time our position was that we supported legislation which would grant meaningful amnesty to those aliens who had been residing in this country for sometime and in particular to those who had established families here. We also stressed our opposition to any punitive measures by the Federal government against these persons. In late July, just before the beginning of the summer recess of Congress, the Committee on the Judiciary of the U.S. House of Representatives voted to report out a bill (H.R. 8713) dealing with "illegal aliens." During consideration of this legislation by both the Subcommittee and the full Judiciary Committee, the U.S.C.C. expressed strong reservation about several of its provisions and, in the testimony presented on March 13, 1975, recommend- ed a number of changes. None of the changes which were sug- gested have been incorporated in the final version of the bill approved by the Judiciary Committee. Therefore, it is our judgment that H.R.8713 still remains so seriously de- fective that it should be opposed in its entirety. It is our judgment that this legislation has been de- veloped in the context of totally inadequate information on the part of either the Legislative or Administrative branches of the government. The government really does not know how The President Page two September 2, 1975 many so-called illegal aliens are in the United States and it can only guess at the impact they are having on the economy. If enacted in this form, this legislation will create a serious civil rights problem by greatly enhancing the possibility of job discrimination against minority group persons. By providing sanctions against any employers who hire an illegal alien, it is creating a situation which assuredly will lead to discrimination against any person belonging to a minority group whose legal status might be called into question. Furthermore, this legislation would result in inhumane and immoral treatment of large numbers of very poor people who have been residing in this country for a number of years, many of whom have established families here. We con- sider it unconscionable that our government should even con- sider separating families by forcing a mass exodus or de- portation of millions of men, women, and children. On August 20, I issued a statement concerning this leg- islation, on behalf of the U.S. Catholic Conference. I am enclosing a copy of this statement for your information. I am writing both to keep you informed of our views and to request that your Administration join us in opposing passage of H.R. 8713. Sincerely yours, + fames S. Routch Most Reverend James S. Rausch General Secretary Enclosure JSR/jc United States Catholic Conference August 20, 1975 Statement on "Illegal Alien" Legislation On a number of occasions during the past several years the Bishops of the United States have spoken out about the need for a humane and just approach in our government's policies established to solve current national and international economic problems. We have spoken for the need of balancing the normal consumers' demand in the market place with the special needs of the working class, the poor, and the elderly, especially in regard to the costs of food and fuel. We have emphasized the need for a radical change in the consumptive habits of the more advanced societies in order to insure a just distribution of the world's goods to the less fortunate both at home and abroad. We have tried to focus attention on the interdependent nature of the world community of nations and the moral obligation of the United States and other developed and wealthy soci- eties to share more of the wealth which they have managed to accumulate and control. Once again we feel compelled to speak out on these matters because of a very dangerous direction in which the Congress of the United States is moving in dealing with one very important aspect of our troubled economy. Soon after the summer recess, the Committee on the Judiciary will bring before the United States House of Representatives a bill which will, in effect, attempt to provide a "scapegoat" solution to our economic problems. The Judiciary Committee will propose that Congress pass an "Illegal Alien Bill" (H.R. 8713) which will supposedly help us out of our economic morass. Although there is little available in terms of support- ing facts, advocates of this legislation claim that literally millions of illegal aliens have come into our country in recent years. It is further alleged that these people are taking a significant number of jobs that would otherwise be available for citizens or lawful resident aliens; that they are adding to the tax load by utilizing health, education, and social services; and, that they are causing a drain on our monetary resources by sending a good deal of the money they earn out of the U.S. to support their families at home. (over) - 2 - The stated purpose of this legislation is to stop the influx of illegal aliens into our country by cutting off the economic incentives that attract them here in the first place. This is to be accomplished by making it illegal for any employer to hire or to continue to employ any alien who has not been properly certified by the government to be eligible for employment. In essence, the government will be requiring the employers of this nation to enforce the immigration laws which it failed to enforce in the past either as a matter of policy or incompetence. In our opinion, this legislation is objectionable from several points of view. In the first place, neither Congress nor the Administration has demonstrated that they have adequate information on the scope of the illegal alien problem or of the possible effects of this new legislation on lawful alien residents and citizens. They have no idea how many illegal aliens are really in the country. Their estimates range from 2 to 12 million. They really do not know whether the illegals who are here are holding jobs which either citizens or lawful residents would be willing to accept. They can only guess at the additional costs being created by the alleged increased need for public services or the alleged amount of money being sent out of the country by illegals. That the Federal government's information about illegal aliens is inadequate is best verified by the fact that in both fiscal years 1975 and 1976, the Immigration and Natura- lization Service has sought special appropriations of $1 million from Congress to conduct a study of the problem. In a document submitted to Congress justifying the need for this study it is stated: "Without knowing the actual scope of the problem, it is not possible to attack it effectively. It is, therefore, mandatory that I.&N.S. assess the illegal alien situation to determine not only the magnitude, but also the characteristics, mode, and locations of entry, area of residence, and extent of impact of the illegal alien population." In addition, President Ford recently appointed a special Cabinet Committee to study the matter. There seems to be little doubt that the government itself recognizes its lack of basic information. Therefore, neither the Congress nor the Administration should initiate major new policies in regard to illegal aliens prior to conducting comprehensive and ob- jective studies of this matter. - 3 - Assuming that the problem is of such magnitude as to justify some sort of legislative remedy of this nature, the legislation proposed by the House Judiciary Committee is seriously defective to the point of being completely unde- sirable. In attempting to solve an economic problem this proposal will create a civil rights problem of horrendous magnitude. By providing sanctions against any employer who hires an illegal alien, this legislation would create a situation that assuredly will lead to discrimination against any person belonging to a minority group whose legal status might be called into question. Legal aliens and minority group citizens will be denied employment simply because employers will not want to run the risk of inadvertently violating the law. On the request of Congressman Don Edwards (D.-Calif.), Chairman of the Judiciary Subcommittee on Civil Rights and Constitutional Rights, the United States Commission on Civil Rights, through its Staff Director, submitted comments on this proposed legislation on July 28, 1975. The following excerpts from these comments summarize the Commission's point of view: "It is our view that the passage of H.R. 8713 in its present form will have a direct discriminatory effect on minority persons seeking employment, whether they are citizens or aliens authorized to work in the United States.' "Secondly, even if employers were to request the same proof of status from all applicants, the difficulties in making determinations of citizenship or alien status will inevitably result in employers hiring less minority applicants in order to minimize the risk of hiring illegal aliens. Minority citizens as well as minority legal aliens will be the victims of discriminatory hiring." "However, attempts to solve this country's serious economic problems cannot be made at the expense of the civil and constitutional rights of minority persons." The Mexican American Legal Defense and Education Fund also submitted comments on July 23, 1975, in a similar vein to Congressman Edwards. Their position can be summarized by the following quotation from those comments: (over) - 4 - "Specifically, the illegal alien bill has provisions which when implemented will inevitably result in certain groups being treated differently solely on the basis that members of these groups look 'foreign'." On June 18, 1975, an important meeting took place at the White House between the members of the Executive Committee of the U.S. Catholic Conference/National Conference of Catholic Bishops and the President of the United States. This delegation, headed by Archbishop Joseph L. Bernardin, President, USCC/NCCB, discussed with President Ford a number of public policy issues of pressing concern to the Catholic Bishops of the United States. An issue of major import con- cerned the matter of the illegal alien problem. At this meeting, the Bishops stressed their support for legislation which would grant a meaningful amnesty to these people and opposed any punitive measures by the government against the aliens. On March 13, 1975, Msgr. George Higgins, Secretary for Research, presented the testimony of the U.S.C.C. on this matter before the Judiciary Subcommittee on Immigration, Citizenship, and International Law. In this testimony, the U.S.C.C. focused much of its attention on the most serious problem with this legislation, that is, how to humanely handle those aliens without legal status who already are and have been residing in this country for sometime. We have been particu- larly concerned with the effects of this legislation on those who have established families here and have become integrated into our society. They are generally very poor people living a marginal existence. In our testimony, Msgr. Higgins stated: "The effect of the present wording would be a screening by the employer of all the employees within ninety days after the law was enacted. The dismissal of untold numbers of workers from their jobs in such a short period of time would cause unbelievable havoc among their families and in the communities where they live. It would be physically impossible for the Immigration Service to move such large numbers of people. Moreover, it is unconscionable that our government should even consider separating families by forcing a mass exodus or deportation of literally millions of men, women, and children." - 5 - Our basic position is that the Federal government should deal with the problem of the future influx of illegal aliens separately from the problem of those already residing in this country. Those who are already here are here because the government has been both unwilling and unable to enforce its own immigration laws. Most of these people have established families, part of whom are American citizens with all of the R. FORD rights of citizenship. GERALD To cut these families off from their meager economic sustenance and to force upon them the great hardship of emigrating or to attempt some sort of mass deportation effort would be both inhumane and immoral. For a nation which for two hundred years has been a symbol of hope for the oppressed and the poor of all nations of the world, such an action would be unthinkable. There is only one just and humane solution to this important aspect of the problem which would be consistent with the tradition and ideals of a country which has been known as the "nation of immigrants" that is, to once again show our generosity by allowing these people to become legal residents. Consequently, we have advocated that a meaningful amnesty provision be incorporated into this legislation. Such a provision would allow people who have already been in the country for a period of time, particularly those who have family ties here, to adjust their status. This must be done without penalizing those who are waiting to come into the country through normal immigration channels. The number of those adjusted in this manner must not be charged against existing immigration quotas. The bill (H.R. 8713) as it is presently written has a so-called "amnesty provision." Close analysis of the provision has shown that it will-benefit relatively few people at best. We consider this provision as little more than lip service to the concept of amnesty and therefore judge it to be completely inadequate. In conclusion, we call upon the Congress and the President to reject the proposed "Illegal Alien Bill" (H.R. 8713) as unjust and discriminatory. UNITED STATES CATHOLIC CONFERENCE WASHINGION 1312 MASSACHUSETTS AVENUE, N.W. no U.S.POSTAGE SEP_2'75 WASHINGTON, D.C. 20005 E10 ************* DC P.B 6316441 Hon. Theodore C. Marrs Special Asst. - Human Resources The White House Washington, D.C.