At my April 3, 1990, appearance before the Senate Judiciary Committee, you noted that the current INS budget proposal includes $884,000 for a public education campaign on the antidiscrimination provisions of the Immigration Reform and Control Act of 1986 (IRCA). You also asked how much more funding might be required in light of the recent findings of the GAO's Report to the Congress on Immigration Reform: Employer Sanctions and the Question of Discrimination (March 1990). As you know, the IRCA requires that a task force be formed by the Attorney General, the Chairman of the Commission on Civil Rights, and the Chairman of the Equal Employment Opportunity Commission, for the purpose of reviewing the GAO's findings. I have asked John Dunne, Assistant Attorney General for Civil Rights, to chair the task force, and he and the other members of the task force have begun work. It would, be premature to estimate the costs of any recommendations that the task force might make. But, as I mentioned at the hearing, public education about the requirements of IRCA, and particularly the law's anti-discrimination provisions, is one of the areas that deserves much more of our attention. We are confident that, through an aggressive educational effort and simplified verification procedures, both the intent and the spirit of the law can be realized a law that has won widespread public acceptance and has already achieved the desired deterrent effect. - As you In addition, you asked about the Department's review of improved verification systems for determining whether an individual is entitled to work in the United States. know, a number of suggestions have been made, and we are currently reviewing a number of alternatives. also be addressed by the task force headed by Assistant Attorney General Dunne. This subject will At present, INS is moving forward with the Employment Authorization Document (EAD) project. This project provides for - 2 As a standardized card to replace various work permits, which are easily counterfeited and sometimes rejected by employers. The EAD will serve as both identification and work authorization. such, it will help to prevent job discrimination by erasing any doubt by an employer that the bearer is authorized to work. We expect the EAD to be fully implemented by the end of fiscal year 1990. At that time, previously issued non-standard employment authorization documents will be recalled and replaced. Plans are now being formulated to conduct the replacement project and a corresponding public education program. The INS is also currently revising its Handbook for Employers in order to present a clearer description of the documents that constitute legally acceptable proof of work authorization. Revisions to the Employment Eligibility Verification Form, the Form I-9, are underway as well, and I expect them to make compliance with the record keeping requirements of the law easier for employers. The Service is also revising the "Immigration Officer's Field Manual for Employer Sanctions” and expanding training for INS personnel. In short, INS is taking aggressive steps to adjust and fine-tune its Employer Sanctions program in order to achieve the goals of immigration reform while eliminating the potential for discrimination. Best regards. Dick Thornburgh Office of the Attorney General May 7, 1990 Honorable Patrick Leahy Dear Senator Leahy: I appreciate this opportunity to respond to several issues you raised when I appeared before the Senate Judiciary Committee on April 3. During our April meeting, I pledged to review your statement submitted for the record. My concerns are consonant with yours: accountability and results are the primary objectives of this Department and, I know, the Judiciary Committee. I am a firm believer in team play, and in recent years, this Department has benefitted measurably from the assistance of you and your colleagues. We each have our respective roles and responsibilities, a balance I respect. I therefore look forward to continuing to work closely with you and the Committee to achieve the goals we both share. With respect to judicial appointments, the "oldest" vacant judgeship for which there is no nominee currently before the Senate is in the Eastern District of New York. The vacancy arises from the retirement of Judge Mark A. Constantino, who retired on November 30, 1987. A previous nominee of the Reagan Administration was returned without being acted upon. The "oldest" vacancy for which no nominee has ever been presented to the Senate is in the District of Guam, and arises from the retirement of Judge Cristobal Duenas, who retired on January 1, 1988. You also mentioned that you would be sending me some specific questions regarding three discrimination suits that were settled under terms that prohibited public disclosure by the parties of the settlement terms. I received your questions in the package from Senator Biden, and I have provided you, through him, with answers to each. Since the answers are fairly long and detailed, I shall not repeat them here. Please let me know, however, if you need more information. I hope this information is helpful to you. know if I can be of further assistance. cerely, Please let me Dick Thornburgh Office of the Attorney General May 7, 1990 Honorable Herb Kohl Committee on the Judiciary Washington, D.C. 20510 Dear Senator Kohl: When I testified before the Committee, and again in your follow-up letter of April 4, you asked me about the problems finding sufficient jail space in the Milwaukee area for prisoners within the Marshals' custody. I am hopeful that we will soon have this problem under control. First, the Marshals Service currently is reviewing a Cooperative Agreement Program (CAP) proposal from Waukesha County, under which $1 million of federal funds would be used to secure 60 guaranteed bedspaces for a period of 10 years. If an agreement along these lines can be reached, it will help us to solve the jail space shortage for federal prisoners in the Milwaukee area. Second, the United States Marshal for the Eastern District of Wisconsin, which includes Milwaukee, already has an agreement with Racine County (effective October 1989), under which the County will provide jail space for 50 federal prisoners through 1992. This agreement is now helping us find sufficient detention space in the Milwaukee area, though not as close to Milwaukee as Waukesha County. A small number of female prisoners must continue to be transported to Chicago a few times a week. We do not consider these trips to be a significant problem, but we would, of course, be happy to consider suggestions about where to place female prisoners closer to Milwaukee. Finally, as you point out in your letter, we have had some difficulties with Milwaukee County itself in securing jail space. We have met with local authorities several times since 1985, but their overcrowding problems apparently have made them unable or unwilling to house federal prisoners. We would be happy to discuss with you any ideas you may have on this subject. Dick Thornburgk |