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. 1 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 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. 1. RECOMMENDATIONS Legislation should be passed by Congress which *See Footnote, p. 241. 2. Replace the present case-by-case certification 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. 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. WHO WANTS TO COME? IMMIGRATION TO THE UNITED STATES A. 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: |