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Illegal Aliens (3)” of the James M 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 Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 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 and Policy A. Historical Review Period of Unrestricted Immigration Period of Qualitative Controls 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 2 9 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 Secur·i ty 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 s7 /) alien source countries. The source countries have similar characteristics in three respects: rapid economic ,. expansion,
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