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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

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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 provisions 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.

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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 alien source countries. The source countries have

similar characteristics in three respects: rapid economic
expansion, high population growth rates, and links with
the U.S. This pattern will apply to increasing numbers
of countries in the future and creates stong push forces
on individuals to migrate. These push forces combine
with the pull of available jobs and low risk of detection
in the United States to produce illegal migration.

The phenomenon of migration occurs in streams

according to certain principles among which the difficulty of intervening obstacles and development of counter streams are prominent. The process is not responsive to legal limits but rather to its own self-sustaining momentum. will have to address the fundamental principles of push-pull and migration to be successful.

Policy

Illegal immigration is from many countries but Mexico

is a major source for reasons of both history and geography.

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The governments of the U.S. and Mexico have established bilateral discussions on the issue. However, the illegal migration issue has not been a priority concern to policymakers in the governance of our relations with other source nations. Actions discouraging illegal entry may compete with other foreign policy goals, e.g. tourism. However, illegal immigration merits a far higher and more generalized level of attention in our conduct of foreign affairs.

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There is a long history of U.S.-Mexico border enforcement in immigration matters. Thus the majority of our enforcement effort is directed at this aspect of illegal immigration. Illegal entrants from other nations are a relatively recent development that requires significantly different

techniques.

The Immigration and Naturalization Service (INS) has primary responsibility for immigration enforcement. It is aided by the Department of State which issues visas overseas. Prevention of illegal entry is the agency priority and is done through inspection of individuals at ports of entry and policing our land and borders between ports. INS also carries on investigative activities within our borders

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against illegals who escape detection at entry or overstay authorized entry. Recent court decisions have limited

INS' latitude in the interior, making prevention more

important.

Several other agencies have enforcement roles which are related to illegal immigration. They are the Social Security Administration, Internal Revenue Service, U.S. Customs Service, and the Wage and Hour division of the Department of Labor. The Committee has evaluated current and proposed additional means of interagency cooperation among them and INS and the Department of State. Experience has shown that cooperation

on enforcement matters is difficult when the agency is service. oriented such as the Social Security Administration.

However,

much can be done to increase the effectiveness of enforcement with the tools presently available both among and within the agencies concerned.

In addition to improved interagency efforts, certain disincentives to illegal migration are needed which require legislation. The disincentives are designed to lessen the economic pull which draws illegals to the U.S., discourage the use of the law to gain time and establish equity for immigration benefits, increase enforcement authorities

to aid in capturing smugglers and the like, and streamline the law of anachronistic provisions which detract from more important tasks.

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