2. 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- Clarify questions relating to aliens' rights, including legislation if necessary. 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 introduced 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 administrative program and legal procedures for 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 extraordinary 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 immigration 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. 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, In that the number of fraudulently documented entrants to the U.S. is 10 times greater than the number detected. 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, intersystem 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 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 Thus 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 which can be taken to impede the illegal alien flow across For example, during Operation Intercept in the border. 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. |