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 reasonably 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."

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 Immigration 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 representatives 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.

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

exceeding 200 percent. issuing visas

an increase However, the number of officers

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 maintaining this function came to $35.6 million in FY 1975.

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)

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. 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.

The

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