Immigration Issues and Legislation in the 98th Congress

This report discusses Immigration reform, which continues to be of concern in the '96th Congress, and legislation has been moving quickly. Specific issues include illegal immigration, temporary workers, legalization, asylum adjudications, and legal immigration. The legislation under consideration is the Immigration Reform and Control Act of 1983, popularly referred to as the Simpson-Mazzoli bill, introduced in the House and Senate on Feb, 17, 1983 as H.R. 1510 and S. 529.

I M M I G R A T I O N I S S U E S AND L E G I S L A T I O N IN T H E 9 8 T H C O N G R E S S I S S U E B R I E F NUMBER I B 8 3 0 8 7 AUTHOR: J o y c e C. Vialet Education and Public Welfare Division T H E L I B R A R Y OF C O N G R E S S CONGRESSIONAL RESEARCH SERVICE MAJOR I S S U E S S Y S T E M D A T E O R I G I N A T E D 05/12/83 D A T E U P D A T E D 12/02/83 FOR ADDITIONAL INFORMATION CALL 287-5700 1205 CRS- 1 ISSUE DEFINITION Immigration reform continues to be of concern in the '96th Congress, and legislation has been moving quickly. Specific issues include illegal immigration, temporary workers, legalization, asylum adjudications, and legal immigration. The legislation under consideration is the Immigration Reform and Control Act of 1983, popularly referred to as the Simpson-Mazzoli bill, introduced in the House and Senate on Feb, 1 7 , 1983 as H.R. 1510 and S. 529. S. 529 was reported by the Senate Judiciary Committee on Apr. 21 (S.Rept. 98-62). S. 529 was reported by the Senate Judiciary Committee on Apr. 21, 1983 (S.Rept. 98-62). It passed the Senate on May 1 8 by a vote of 76 to 18. H.R. 1510 was reported by the House Judiciary Committee on May 13 (H.Rept. 1t was 96-115, pt. I), and sequentially referred to four other committees. reported on June 27 by the Committee on Agriculture (H.Rept. 98-115, pt. II), and on June 28 by the Committee on Energy and Commerce (H-Rept. 98-115, pt. 111) and the Committee on Education and Labor (H.Rept. 98-115, pt. IV). House Speaker Tip O'Neill stated on Oct. 4 , 1983 that the bill would not come to the House floor in 1983. He ahs since indicated that he will bring the bill to the floor in early 1984. BACKGROUND AND POLICY ANALYSIS immigration law and policy are widely bel'ieved to be in need of reform, and major legislation to accomplish this goal is receiving action by the 98th Congress. Specific issues of concern are the control of illegal immigration by employer sanctions and the related issue of worker identification, the availability of legal alien temporary workers, the legalization of some portion of the illegal population already here, procedures for asylum and other adjudications, and the amount and composition of legal immigration. The legislation currently under consideration is the Immigration Reform and Control Act of 1 9 8 3 , popularly referred to as the Simpson-Mazzoli bill. The bills in question, S. 529 and H.R. 1510, were introduced in the 98th Congress on Feb. 1 7 , 1983 by Senator Alan Simpson, the Chairman of the Senate Judiciary Subcommittee on Immigration and Refugee Policy, and by Representative Romano Mazzoli, the Chairman of the House Judiciary Subcommittee on Immigration, Refugees, and International Law. The bills evolved from legislation passed by the Senate and reported by the House Judiciary Committee during the 97th Congress. S. 529 as introduced was identical to the Senate-passed S. 2222 of the 97th Congress and H.R. 1510 as introduced was almost identical to H.R. 6 5 1 4 as reported by the House Judiciary Committee in the 97th Congress. To date during the 98th Congress, S. 529 was marked up..and approved by the Senate Judiciary Subcommittee on Immigration and Refugee Policy on Apr. 19, and was reported on April 21, 1983 ( ~ . R e p t . 98-62). It passed the Senate on May 1 8 by a vote of 76 to 1 8 after four days of floor debate. -H.R. 1510 was marked up and approved by the House Judiciary Subcommittee on Immigration, Refugees, and International Law on Apr. 5 and 6 , and was ordered reported by It was the full Judiciary Committee on May 5 -after three days of markup. reported on May 13 (H.Rept. 98-115, pt. I), and referred to the Committees on Agriculture, Education and Labor, Energy and Commerce, and Ways and Means. It was reported on June 27 by the Committee on Agriculture (H.Rept. 98-115, pt. 111, and on June 28 by the Committee on Energy and Commerce (H.Rept. CRS- 2 9 8 - 1 1 5 , pt. 11) and the Committee on Education and L a b o r (H.Rept. 9 8 - 1 1 5 , pt. IV). On Oct. 4 , 1 9 8 3 , House Speaker T i p O I N e i l l said h e would n o t bring H.R. 1 5 1 0 to the House floor i n 1 9 8 3 because he feared a Presidential veto. A discharge petition to force the bill to the House f l o o r from t h e Rules Committee was filed on Oct. 2 8 , 1983 by Representative D a n L u n g r e n , t h e ranking minority member of t h e House Judiciary immigration subcommittee. In l a t e November the Speaker indicated that he intends to bring the bill to t h e floor i n early 1 9 8 3 , and expects its passage. INS i s currently operating with a F Y 8 4 budget of $527,257,000 under t h e authority of P.L. 98-107, t h e continuing appropriations resolution f o r F Y 8 4 which r e m a i n s i n e f f e c t until Nov. 1 0 , 1983. While current congressional concern a b o u t illegal immigration d a t e s back 1 9 7 0 s r the last full-scale congressional review of U.S. t o - t h e early immigration policy was i n t h e mid-1960s. T h i s led t o t h e enactment in 1 9 6 5 of major a m e n d m e n t s to the Immigration and Nationality Act of 1 9 5 2 , repealing t h e national o r i g i n s quota system a s the primary means of regulating immigration. T h e Immigration and Nationality Act (8 U.S.C. 1 1 0 1 e t seq.), a s substantively amended b y , a m o n g many other enactments, t h e R e f u g e e Act of 1 9 8 0 , remains t h e basic l a w governing U.S. immigration a n d refugee policy. T h e Simpson-Mazzoli bill -- now, i n f a c t , several different bills -originated a s identical House and S e n a t e bills introduced i n the 9 7 t h Congress. T h i s major bipartisan legislation was the r e s u l t of months of extensive hearings by the t w o immigration subcommittees o n a l l a s p e c t s of immigration a n d refugee policy, with a special f o c u s o n t h e Reagan Administr'ationf's proposals and t h e recommendations o f t h e -'Select CommiSS.ion o n Immigration a n d Refugee Policy. T h e extensive r e v i e w of immigration policy by t h e F o r d and Carter Administrations a l s o contributed to t h e reform effort. T h e Ford Administration had responded with t h e December 1 9 7 6 report of t h e Domestic Council Committee on Illegal A l i e n s , a n d t h e Carter Administration witn legislation proposed i n 1 9 7 7 to control illegal immigration. Action i n t h e 97th Congress leading u p to and including a c t i o n on t h e Simpson-Mazzoli bill i s considered briefly below. T h i s i s f o l l o w e d by a discussion o f t h e major immigration issues under consideration and t h e Specific provisions of the Simpson-Mazzoli bill relating to t h e m , and by a summary of o t h e r immigration-related legislation receiving a c t i o n i n t h e 9 8 t h Congress. Action i n the 9 7 t h Congress Early i n t h e 97th Congress, the Select Commission o n Immigration a n d R e f u g e e P o l i c y submitted i t s f i n a l report, entitled, "U.S. Immigration Policy a n d t h e National Interest," dated Mar. 1 , 1981. T h e 16-member S e l e c t Commission had been created i n 1 9 7 8 by P.L. 95-412 t o conduct a study a n d evaluation o f immigration a n d refugee l a w s , policies, and procedures. It Consisted of f o u r members each of t h e House and S e n a t e Judiciary C o m m i t t e e s , f o u r Cabinet members, a n d f o u r members appointed by P r e s i d e n t C a r t e r , including i t s c h a i r m a n , t h e Reverend T h e o d o r e M. Hesburgh. T h e Select Commission o n Immigration a n d Refugee P o l i c y ' s basic conclusion w a s that controlled immigration has been a n d continues to be in t h e national i n t e r e s t , a n d this underlay many of i t s recommendations. At the s a m e t i m e , t h e Commission stressed t h e need to i m p r o v e t h e enforcement of immigration l a w and t o "regain control over our immigration policy." In Chairman CRS- 3 IB83087 UPDATE-12/02/83 Hesburgh's words, the Commission recommended "closing the back door to undocumented illegal migration, and opening the front door a little more to accommodate legal migration in the interests of this country." The C 0 m m i S ~ i O n 'recommendations ~ included sanctions for the knowing employment of undocumented aliens, increased immigration law enforcement, legalization of the status of otherwise eligible aliens who had been here illegally Since prior to Jan. 1 , 1980, and a restructuring of legal immigration. The Congress responded to the Select Commission's report and recommendations initially with joint hearings in May 1981 by the House and Senate Judiciary immigration subcommittees under the chairmanship of Senator Simpson and Representative Mazzoli. These were the first joint congressional hearings on immigration since 1951. The Reagan Administration responded to the final report of the Select Commission by appointing a Cabinet-level Interagency Task Force on Immigration and Refugee Policy, chaired by Attorney General William French Smith, to review the Commission's recommendations and the issues. Its work formed the basis for the Administration's proposals for immigration and refugee policy reform announced by the President and presented by the Attorney General at a joint hearing of the House and Senate Judiciary immigration subcommittees on July 3 0 , 1981. At that time, President Reagan pledged that "America's tradition as a land which welcomes people from other Countries" would continue, but he emphasized the necessity of insuring that they be accepted "in a controlled and orderly fashion.'' -The Administration's proposals focused on the control of illegal immigration and of mass arrivals of undocumented ariens by s'ea'. Legislation to implement these provisions was introduced on behalf of the Administration on Oct. 22, 1981. The Omnibus Immigration Control Act was introduced as S. 1765 by Senate Judiciary Chairman Strom Thurmond, and a s H.R. 4832 by House Judiciary Committee Chairman Peter Rodino. Provisions relating to the control of illegal immigration included employer sanctions for the knowing employment of unauthorized aliens, a legalization program, a 2-year experimental temporary worker program for up to 50,000 Mexican nationals annually, and an increase in the annual ceiling on Mexican and Canadian immigration. Provisions relating to mass arrivals by sea included special Presidential powers in the case of an immigration emergency, authorization for the Coast Guard to interdict certain vessels a t sea, and provisions expediting exclusion and asylum proceedings. The Reagan Administration proposals together with the Select Commission's recommendations were the subject of extensive .hearings by the House and Senate Judiciary immigration subcommittees throughout the fall and winter of 1981 and early 1982. These hearings led to the introduction on Mar. 17, 1982, of identical bills by the subcommittee chairmen, referred to as the Simpson-Mazzoli bill. This, rather than the Administration bill, became the vehicle for legislative action. Although it differed .in some important respects from the Administration bill, Attorney General William French Smith said at its introduction that it "takes us a significant further step." During joint subcommittee hearings on the Simpson-Mazzoli bill'in April 1 9 8 2 , the Attorney General characterized it as "a rational and comprehensive set of reforms in the finest bipartisan tradition of the United States C o n g r e s s I w and indicated the Administration's strong commitment to enacting legislation "along the lines set out in the Administration's and Chairmen's bills." The Administration's differences with the provisions in the Simpson-Mazzoli bill were indicated in its comments on the bill in its various forms, and parallel Administration legislation has not been and is not expected to be introduced CRS- 4 i n the 98th Congress. T h e Simpson-Mazzoli bill was introduced i n the 97th Congress a s S. 2222 and H.R. 5872. Action on i t proceeded quite q u i c k l y , particularly on the Senate side. T h e bill proved much more controversial in the H o u s e , which did not Complete action o n it. T h e controversy during t h e heated House debate i n the l a m e duck session focused on employer sanctions, t h e legalization program, and temporary workers. A brief summary of the legislative history of the House and Senate bills follows. S. 2 2 2 2 , the S e n a t e version of the Simpson-Mazzoli bill, was a p p r o v e d , 16-1, by the f u l l Judiciary Committee with amendments on May 27, 1982 ( S - R e p t . 97-485), and the bill passed the Senate by a rollcall v o t e of 8 0 to 1 9 on Aug. 1 7 , 1982. The House version, H.R. 5 6 7 2 , was marked u p and UnanimOUSly a p p r o v e d by t h e House Judiciary immigration subcommittee on May 18 and 19. A c l e a n bill, H.R. 6 5 1 4 , was introduced by Representatives Mazzoli and F i s h on May 2 7 , a n d was marked up by the full House Judiciary Committee for 5 d a y s beginning Sept. 1 4 , 1982. The bill was ordered reported o n Sept. 2 2 a f t e r a motion to recommit i t t o t h e subcommittee f a i l e d 13-15. H.R. 6 5 1 4 was reported by t h e Judiciary Committee o n Sept. 28 (H.Rept. 97-890, pt. I), and referred t o four other committees f o r a period ending not later than Nov. 3 0 , 1982. It was reported by t h e House Education a n d Labor PI). Committee with further amendments on Dec. 1 , 1 9 8 2 (H.Rept. 97-890, pt. H.R. 7357, a c l e a n bill identical to the Judiciary Committee-reported bill except for a t e c h n i c a l amendment addressing a budget concern, cleared the 8. Under the modified open r u l e , a l l House Rules C o m m i t t e e o n Dec. amefidments to b e , o f f e r e d o n t h e floor were required t o - b e Rrinted n o later 300 a m e n d m e n t s were than the Dec. 9 Congressional Record; approximately offered. T h e bill was debated Dec. 16-18, 1 9 8 2 , but n o final a c t i o n was taken. By the end of t h e 97th C o n g r e s s , the House and S e n a t e versions of the Simpson-Mazzoli bill h a e evolved into two different bills. T h e principal difference w a s t h e omission of any changes i n the numerical l i m i t s and preference system regulating t h e admission of legal immigrants i n t h e House b i l l , compared t o a n extensive revision i n the Senate bill. T h e employer Sanctions provisions i n the House bill w e r e m o r e graduated then t h o s e in the S e n a t e bill. T h e legalization provisions i n t h e two bills were similar i n that both included the same two-tier entry requirements, but t h e H o u s e bill provided f o r m o r e Federal reimbursement of related S t a t e a n d l o c a l costs.. T h e House asylum adjudications provisions allowed for more judicial review a n d the House b i l l differed from the Senate bill i n establishing a U.S. Immigration Board which would be independent of the Attorney G e n e r a l , a point of conflict w i t h t h e Administration. It w a s with these a n d other differences t h a t the two bills were reintroduced in t h e 9 8 t h Congress. Major Immigration Issues Illegal immigration remains the principal f o c u s of concern today i n t h e a r e a of i m m i g r a t i o n , a s i t h a s been for t h e past 1 0 years. Mass a r r i v a l s by s e a and the re1ate.d i s s u e o f backlogged asylum adjudications h a v e a l s o been o f concern s i n c e t h e mass a r r i v a l s of undocumented C u b a n s a n d H a t i t i a n s i n 1980. T h e r e i s a l s o interest i n establishing more control o n t h e t o t a l number of immigrants entering annually. T h e common t h e m e underlying these i s s u e s is a growing concern that' existing immigration l a w and policy a r e i n a d e q u a t e to control t h e i n c r e a s i n g CRS- 5 IB83087 UPDATE-12/02/83 numbers of aliens entering the country, both legally and illegally. In introducing the original Simpson-Mazzoli bill, Senator Simpson said, "our present immigration law and enforcement procedures no longer serve the national interest," and stated that the bill he and Congressman Mazzoli were introducing was "intended to bring immigration to the United States back under the control of the American people." Representative Mazzoli stated "to reform outmoded and unworkable that the purposes of the bill were provisions of the present immigration law and gain control of our national borders. " The following is a .discussion of , c u r r e n t immigration themes and alternatives a s defined by the ongoing debate on immigration reform, with a particular emphasis on the current House a n 8 Senate versions of the Simpson-Mazzoli bill. Control of Illegal Immigration Illegal immigration has been of serious concern to the Congress since the early 1970s. As measured by apprehensions by the U.S. Immigration and Naturalization Service (INS), illegal immigration has increased dramatically over the past 15 years. Apprehensions increased from 86,597 in FY64 to over a million each year in FY77, FY78, and FY79, and over 900,000 in FY80, FY81, and FY82, with 962,687 deportable aliens apprehended in FY82. The size of the illegal population in the United States was recently estimated Mexico is unofficially by the Census Bureau at between 3.5 and 6 million. generally thought tb account.for 50.% to 60% of the total. 1. Employer Sanctions The prospect of employment at U.S. wages is generally agreed to be the magnet Which draws aliens here illegally. The principal legislative remedy proposed throughout the 1970s was to penalize employers who knowingly hire illegal aliens. Legislation establishing employer penalties passed the House during the 92nd and 93rd Congresses, and was proposed by the Carter Administration in the 95th Congress, but it was not enacted. Frustration with the illegal/undocumented alien issue played a major role in the enactment in 1978 of the legislation creating the Select Commission on Immigration and Refugee Policy. Penalties for the knowing employment of illegal aliens were recommended by the Select Commission on Immigration and Refugee Policy in order to establish an economic deterrent in the workplace to illegal entry or status violation. They were prominent in both the Reagan Administration bill and the Simpson-Mazzoli bill as it was originally introduced in the 97th Congress, and they continue to be the major provision of the immigration reform legislation under consideration by the Congress. Co-mmenting on - the Administration bill and the original Simpson-Mazzoli bill last Congress, Attorney General William French Smith observed that both bills "recognize the immigration problem, at bottom, is how to stop illegal aliens from coming into the United States, and both bills recognize that a law against hiring illegals is the only remaining credible way of stopping them." While employer sanctions were and are widely supported and provisions establishing them passed the Senate by wide margins in 1982 and are included in bills passed by the Senate and reported by House Committees, support is by no means universal. Sanctions remain controversial, particularly among CRS- 6 Hispanic groups, civil rights o r g a n i z a t i o n s , and some business groups. Opposition i s generally based on t h e concern that employer sanctions will result i n d i s c r i m i n a t i o n , particularly against Hispanics, and/or that U.S. businessmen w i l l be required to enforce t h e immigration law. S. 529 a s passed by the S e n a t e prohibits the knowing e m p l o y m e n t , or recruitment o r referral for a f e e of aliens known to be unauthorized to accept employment. It establishes a graduated series o f penalties f o r violation Consisting o f civil f i n e s of $ 1 , 0 0 0 and $ 2 , 0 0 0 for each alien for first and subsequent offenses, a n d a criminal misdemeanor penalty of up to a $1,000 f i n e and/or s i x months imprisonment f o r a pattern a n d practice of ViDlation. T h e penalty structure i s more graduated in the H o u s e Judiciary bill. H.R. 1 5 1 0 a s reported by t h e House Judiciary Committee provides for a n administrative citation by the Attorney General for a first v i o l a t i o n , which need n o t b e knowing. Subsequent violations a r e punishable by c i v i l f i n e s of $ 1 , 0 0 0 and $ 2 , C 0 0 a n d by a criminal penalty of up t o $ 3 , 0 0 0 and/or one year imprisonment, i n each case for each alien involved. Both bills a l s o provide for' injunctive relief i n t h e case of a pattern o r practice o f violation. H.R. 1 5 1 0 , a s reported by t h e House Education and Labor C o m m i t t e e , reflects the concern a b o u t the possiblity of discrimination resulting from employer sanctions. An amendment by Rep. Augustus Hawkins m a k e s i t unlawful for a n employer to discriminate against a n y individual w i t h respect to h i r i n g , recruitment, or referral f o r employment because of t h e individual's nationai origin or alienage. It creates a n administrative adjudications process similar to t h a t of the National Labor Relations B o a r d , involving a Immigration Board, f o r Speci'al Counsel a n d the new independent U.S. enforcing both t h e employer sanction and t h e non-discrimination provisions, a n d allows a n y person "adversely affected directly" to f i l e a charge. It a l s o eliminates criminal penalties for v i o l a t i o n , and i n c r e a s e s t h e graduated civil f i n e s to $ 2 , 0 0 0 , $ 3 , 0 0 0 and $ 4 , 0 0 0 for each violation. 2. Worker Identification One of t h e most controversial a s p e c t s of employer penalty legislation i s the i s s u e of how employers a r e to determine whether prospective employees While a l i e n s authorized a r e , in f a c t , legally entitled to accept employment. to work here have documents issued by INS indicating their status, U.S. citizens d o n o t necessarily have proof of their citizenship o r entitlement t o work. T h o s e w h o f e a r discrimination a r g u e either t h a t only t h o s e who look foreign will be a s k e d for identification o r t h a t employers w i l l simply n o t hire them a t a l l i n order to avoid violation. In a n e f f o r t to m e e t the concerns of those f e a r f u l of d i s c r i m i n a t i o n , t h e Simpson-Mazzoli bill originally required t h a t a l l employers examine specified An documentation from a l l n e w hires, with penalties for f a i l u r e to do so. a f f i d a v i t signed by both t h e employer a n d the n e w hire .would provide t h e employer with a n affirmative defense that he had complied with t h e law. The House bill a s reported by the Judiciary Committee was amended to m a k e t h e verification procedure voluntary unless a n employer was found,' knowingly o r unknowingly, to have unauthorized aliens i n his employ, a t which point the verification procedures would become mandatory. Both t h e House Judiciary and S e n a t e bills provide for r e l i a n c e on existing f o r m s o f identification for three years. At t h e end of t h i s period, t h e President i s required by t h e S e n a t e bill to i m p l e m e n t such c h a n g e s a s may be necessary to establish a secure system of determining employment e l i g i b i l i t y , CRS- 7 IB83087 UPDATE-12/02/83 and by the House bill to report to the Congress on the need for such changes. An amendment adopted during the Senate floor debate provides for congressional review of any proposal by the President requiring a new secure identification document. An attempt has been made to strike a balance between those opposed to anything resembling a national identity system, and those who argue that existing forms of identification are not sufficiently secure to support employer sanctions. 3. Legalization The legalization of the status of certain aliens residing illegally in the United States is also closely associated with the illegal alien issue. Legalization of status with varying residence requirements has been proposed since 1974 and was advocated by the Select Commission on Immigration .and Refugee Policy. Related but differing provisions were included in both the Reagan Administration bill and the original Simpson-Mazzoli bill in the 97th Congress, and remain in the House and Senate bills in the 98th Congress. Legalization is supported on the grounds of equity and the lack of any viable alternative. It is argued that many undocumented aLiens are productive members of our society whose presence here is the result of U.S. ambivalence about enforcing the immigration law, and that the Only alternatives to their legalization are mass roundups or continued toleration of an exploited underclass. However, legalization has been and remains controversial, and an attempt to strike it or at least push back the eligibility date is. expected during the House floor debate. Those opposing legalization argue that it condones and encourages law-breaking, and/or that it will be far too costly, particularly with a recent eligibility date. S. 529 includes a two-tier legalization provision, providing for immediate permanent resident status for otherwise eligible aliens who have been in this country continuously prior to Jan. 1 , 1977. Aliens who entered prior to Jan. 1 , 1980, would be eligible for temporary resident status and after three years could apply to adjust to permanent status. H.R. 1510 includes a one-tier legalization provision, authorizing permanent resident status for otherwise eligible aliens who have been in this Country continuously since Jan. 1 , 1982. S. 529 would bar legalized temporary resident aliens a n d , for 3 years, permanent resident aliens from Federal assistance programs, and H.R. 1510 would limit such assistance for five years to emergency medical care and aid for the aged, blind, and disabled. Both bills authorize legalization assistance to the States and localities, S. 529 in the form of State block impact aid grants, and H.R. 1510 in the form of 100% Federal reimbursement subject to available appropriations. Amendments to H.R. 1510 by the House Committees on Energy and Commerce and on Education and Labor would expand the services for which legalized aliens would be eligible. In addition, the Energy and Commerce Committee amendments would authorize 100% reimbursement for the cost of public health assistance provided legalized aliens or aliens applying on a timely basis to become legalized. 4. Temporary Workers An effort to replace illegal .immigration with a large-scale temporary guest worker program was rejected by the Select Commission on Immigration and Refugee Policy and was not proposed by the Reagan Administration or in the CRS- 8 Simpson-Mazzoli bill, although it h a s some supporters. The Reagan Administration initially proposed a 2-year experimental program to consist of 5 0 , 0 0 0 Mexican workers a n n u a l l y , but this was rejected in f a v o r of modifications to the existing H-2 program providing essentially f o r a separate agricultural segment. T h e H-2 temporary worker program authorized by the Immigration and Nationality Act currently accounts for approximately 4 3 , 0 0 0 entries a n n u a l l y , a b o u t 1 8 , 0 0 0 of them i n agriculture. Widespread concern has been expressed that seasonal a g r i c u l t u r e , particularly i n t h e West and Southwest, i s heavily dependent on illegal workers and will b e , hard hit by employer sanctions Unless legal temporary a l i e n workers a r e made more readily a v a i l a b l e than they a r e now. I n response to this c o n c e r n , both the House Judiciary and the Senate bills contain detailed amendments intended t o make H-2 temporary agricultural workers more easily available by, among other things, requiring that the test for domestic worker availability be limited to t h e time and place of n e e d , rather than nationwide; providing a statutory r o l e for the Secretary of Agriculture a s well a s t h e , S e c r e t a r y of L a b o r ; and providing for expedited r e v i e w 0 f . H - 2 refusals when d o m e s t i c workers a r e not subsequently available. In a d d i t i o n , both bills p r o v i d e for a separate transitional program under which seasonal agricultural workers would be a v a i l a b l e without a labor market test for three years o n a phaseout b a s i s , with t h e number available each year reduced by one-third. H.R. 1 5 1 0 , a s reported by t h e Committees on Education and Labor and o n Agriculture, include major amendments relating t o t h e temporary worker provislons. T h e Education and Labor bill, a s the r e s u l t of a n a m e n d m e n t by Rep. George Miller, includes revisions i n the H-2 provisions intended to strengthen t h e protections provided both domestic and foreign w o r k e r s , and establishes a n 11-member commission to study the agricultural s e g m e n t of the H-2 program a n d make recommendations f o r improvement. It a l s o substitutes t h e version o f t h e 3-year transitional program contained i n S. 5 2 9 a s passed by the Senate. T h e Agriculture Committee bill, a s t h e result of a n a m e n d m e n t by Rep. Leon P a n e t t a , establishes a t h i r d temporary worker program which I1 p ll would be limited to p e r i s h a b l e commodities. Under this bill, nonimmigrant workers would be f r e e to m o v e from employer t o employer within agricultural e m p l o y m e n t r e g i o n s designated by t h e Attorney G e n e r a l , provided t h e employers were approved to participate i n the program. Asylum and Related I N S Adjudications P r o c e d u r e s INS'S adjudication structure and procedures, particularly , f o r asylum cases, have recently been a f o c u s of concern. T h e c u r r e n t processes used in a s y l u m c a s e s have been t h e center of controversy and t h e s u b j e c t of litigation f o r several years. T h e f o l l o w i n g summarizes t h e i s s u e s and proposed changes: 1. Asylum and Related Adjudications Procedures Administration spokesmen have indicated that t h e current asylum and exclusion procedures w e r e n o t incended to accommodate large n u m b e r s of applicants. They h a v e said the increase i n the number of persons claiming asylum and t h e availability of judicial r e v i e w have delayed t h e processing of claims s o t h a t there i s a considerable backlog. They suggested expediting asylum and exclusion proceedings to r e s o l v e this situation. T h o s e opposed to various a s p e c t s of expedited asylum a n d exclusion procedures h a v e indicated that since past a d m i n i s t r a t i v e decisions by INS have been i n t e r p r e t e d by the ' CRS- 9 IB83087 UPDATE-12/02/83 courts a s i m p r o p e r , streamlining asylum a n d exclusion proceedings by abolishing judicial r e v i e w would open the door t o abuses. T h e y a l s o argued that t h e long delays involved i n p r o c e s s i n g , asylum c l a i m s a r e d u e t o inefficiencies a t I N S rather than to judicial review. Concern h a s a l s o been expressed that i m p o s i n g a time l i m i t for applying f o r asylum violates t h e U.N. Convention t h a t prohibits return of those seeking asylum t o a c o u n t r y - o f persecution whether o r n o t the a p p l i c a n t seeks r e f u g e promptly. S. 5 2 9 and H.R. 1 5 1 0 provide f o r expedited exclusion o f undocumented a l i e n s seeking to enter the United S t a t e s unless claiming asylum. T h e House bill provides for a n administrative review of such exclusions, while the Senate bill has n o provision for such a review. T h e s e measures a l s o provide for o n e claim for asylum Unless there a r e changed circumstances i n the Both H.R. 1510 and a l i e n ' s country and a limit of o n e administrative appeal. S. 5 2 9 restrict r e v i e w of asylum orders and specify that such review may occur only i n t h e context of judicial r e v i e w of f i n a l exclusion o r deportation orders; they provide f o r judicial review i n exclusion and deportation cases. T h e expanded provisions for judicial r e v i e w i n S. 5 2 9 a r e t h e r e s u l t of a c o m p r o m i s e Kennedy-Simpson a m e n d m e n t a d o p t e d during t h e Senate f l o o r debate. 2. U.S. Immigration Board and J u d g e System T h e current Board of Immigration Appeals reviews s o m e decisions of immigration judges a n d rules on certain applications. It i s n o t a statutory body b u t was created through regulations promulgated by the Attorney General. Immigration judges (or special inquiry officers) dec'ide s o m e imrrigra'tion c a s e s , including s o m e relating to exclusion, d e p o r t a t i o n , a n d asylum. Immigration judges a r e Civil Service employees within INS. Concern has been expressed a b o u t t h e Board's uncertainty of s t a t u s a s well a s t h e judges' credibility since they a r e accountable to o n e party i n the l i t i g a t i o n (INS). Suggested reforms of t h e Board and judges ranged from making t h e Board a statutory body to creating a court system completely o u t s i d e t h e J u s t i c e Department (DOJ) to handle administrative determinations i n immigration matters. T h e Administration proposed removing t h e immigration judges from I N S a n d establishing them a s a n independent body within DOJ a n d providing statutory authority f o r the Board o f Immigration Appeals. S. 5 2 9 and H.R. 1 5 1 0 would provide statutory authority f o r establishing i n t h e DOJ a U.S. Immigration Board to review decisions of immigration (or a d m i n i s t r a t i v e law) judges and provide f o r t h e a p p o i n t m e n t of such judges. H o w e v e r , H.R. 1510 specifies that t h e Board would b e a n independent agency within t h e DOJ w h i l e S. 5 2 9 would establish the B o a r d , separate from I N S , w i t h i n DOJ. In a d d i t i o n , S. 5 2 9 provides that t h e Attorney G e n e r a l shall a p p o i n t the l a w judges, while H.R. 1 5 1 0 provides t h a t t h e C h a i r m a n of the Board would a p p o i n t a d d i t i o n a l information, S e e IB83119, Immigration: Asylum issue.^, them. by S h a r o n Masanz] o or Immigrants and R e f u g e e s - Under current l a w , 270,000 numerically restricted i m m i g r a n t s may enter a n n u a l l y under a six-category preference system which g i v e s priority to family members and those with needed skills. No country may u s e more t h a n 20,000 o f these numerically restricted numbers. Additionally, the spouses a n d unmarried minor children of U.S. citizens a n d t h e parents o f a d u l t U.S. citizens a r e exempt from the numerical l i m i t s , a s a r e a s m a l l number o f "special immigrants," including certain ministers of religion a n d residents of Panama. Immediate relatives of U.S. citizens accounted f o r a p p r o x i m a t e l y 1 7 0 , 0 0 0 entries i n FY83. F i n a l l y , refugees adjusting t o immigrant s t a t u s after a year's r e s i d e n c e in t h e United States a r e also e x e m p t from n u m e r i c a l refugees, limitations. A t o t a l of 530,639 immigrants, including adjusting were admitted i n F Y 8 0 , and the preliminary f i g u r e for F Y 8 l i s 596,600. Refugees a r e currently admitted o u t s i d e t h e numerical limitations on immigrants, Under a refugee ceiling determined each year by the P r e s i d e n t following consultation with the Congress. T h e Reagan Administration initially recommended a n F Y 8 3 refugee ceiling of 9 8 , 0 0 0 , but decreased the ceiling to 9 0 , 0 0 0 i n response t o the lower figures recommended by t h e Congress (Federal A ceiling o f 72,000 h a s been Register, vol. 4 7 , Oct. 1 9 , 1982: pp. 46483). requested by t h e Administration for F Y 8 4 , and agreed to through t h e Congressional consultationprocess. As Originally introduced in the 97th C o n g r e s s , the Simpson-Mazzoli bill would have restructured the preference system regulating t h e entry of l e g a l immigrants to s e p a r a t e the f a m i l y and independent or occupational c a t e g o r i e s , a s recommended by t h e Select Commission o n Immigration a n d Refugee Policy. i m m e d i a t e relatives It would a l s o h a v e subtracted t h e numerically Unlimited of U.S. citizens f r o m the number of other f a m i l y members which could be admitted t h e f o l l o w i n g year, i n order to provide more c o n t r o l over the total number of immigrants entering annually. T h e s e provisions h a v e been retained in the Senate bill b u t were eliminated i n their entirety f r o m t h e . H o u s e bill by a n a m e n d m e n t offered by House Judiciary Committee C h a i r m a n Peter R o d i n o during f u l l C o m m i t t e e markup in the 9 7 t h Congress. Representative Rodino argued that i t w a s premature to change the preference system before we k n o w the results o f legalizati'on, and he a l s o objected to a reduction i n the numbers available f o r f'amily reunification. T h e Reagan Administration had a l s o opposed a n y major changes i n the regulation of legal immigration. As passed by t h e Senate i n t h e 9 8 t h C o n g r e s s , S. 5 2 9 provides for a ceiling of 4 2 5 , 0 0 0 o n immigration, exclusive of refugees, with the number of i m m i g r a n t visas i s s u e d to numerically unrestricted i m m e d i a t e relatives and special immigrants deducted from the ceiling t h e f o l l o w i n g year. Of the t o t a l , 350,000 i s s e t aside for t h e family reunification categories, a n d 7 5 , 0 0 0 i s allotted t o the independent categories. T h e f a m i l y reunification c a t e g o r i e s differ from those under current l a w in providing n o preference f o r t h e a d u l t children o f permanent resident a l i e n s or the married brothers and An a m e n d m e n t offered by Senator Edward sisters of adult U.S. citizens. Kennedy i n Judiciary Committee markup to restore a preference for t h e unmarried brothers a n d sisters o f U.S. c i t i z e n s was accepted. Under the 4 2 5 , 0 0 0 ceiling proposed by t h e Senate b i l l , countries would generally be subject to annual limits of 20,000 except f o r Mexico and C a n a d a , which would be a l l o w e d 4 0 , 0 0 0 immigrant visas each with n u m b e r s unused by o n e country a v a i l a b l e to t h e other country t h e following year. H.R. 1510 would a m e n d existing l a w t o a l l o w Mexico or C a n a d a t o have a n a d d i t i o n a l 2 0 , 0 0 0 i m m i g r a n t visas o u t s i d e the worldwide ceiling of 270,000 whenever up to. 9 0 % of t h e initial 2 0 , 0 0 0 was made available to them. Additionally, the H o u s e bill would i n c r e a s e t h e limit o n dependent a r e a s from 600 to 3 , 0 0 0 , a provision which w o u l d primarily benefit H o n g Kong. Other Legislation Receiving Action i n t h e 9 8 t h Congress Almost 1 0 0 bills with some bearing on immigration were introduced i n t h e f i r s t session of t h e 98th Congress. T h e f o l l o w i n g summary o f legislation i s generally limited to bills t h a t h a v e passed one- or both houses. Restrictions on Alien S o c i a l Security Beneficiaries P.L. 96-21, t h e Social Security Amendments of 1 9 8 3 , included in sec. 3 4 0 a provision restricting the eligibility of certain nonresident aliens seeking social security benefits a s dependents or survivors of insured workers. Whecher resident o r not, a l i e n workers seeking benefits based on their own U.S. work records a r e unaffected by the law. T h e a m e n d m e n t to t h e S o c i a l Security Act establishes a residency requirement in t h e United States for a l i e n dependents and survivors of insured workers, w h e t h e r o r not t h e workers a r e U.S. citizens. T h e a m e n d m e n t applies. to a l i e n s w h o become o t h e r w i s e After a n a b s e n c e of six eligible for benefits a f t e r Dec. 3 1 , 1984. Consecutive months from t h e United S t a t e s , alien d e p e n d e n t s and survivors may n o longer receive benefits unless they can prove that they have lived in the United States f o r a total of a t least f i v e years i n t h e s a m e relationship to the worker upon which their eligibility i s based (e.g., spouse, c h i l d , parent). Children whose parents meet t h e 5-year r e s i d e n c y requirement a r e a l s o deemed to be eligible. T h e a b o v e provision w a s t h e r e s u l t o f a c o n f e r e n c e a g r e e m e n t ( H - R e p t . 98-47, pp. 156-157). Other relevant provisions of the S o c i a l Security Amendments o f 1 9 8 3 included sec. 121(c), which made half of t h e s o c i a l security benefits received by nonresident a l i e n s subject to tax; sec. 122(a) which made nonresident a l i e n s i n e l i g i b l e f o r a t a x credit f o r t h e elderly and the permanently a n d totally d i s a b l e d ; and see. 3 4 5 , w h i c h provided f o r t h e printing of social security c a r d s on counterfeit-resistant banknote paper. T h e bill receiving a c t i o n was H.R. 1900. I t w a s signed into l a w a s P.L. 98-21 on Apr. 2 0 , 1983. (For more i n f o r m a t i o n , see I s s u e Brief 820011 S o c i a l Security: Alien Beneficiaries.) El Salvador P.L. 98-164, the D e p a r t m e n t of State ~ u t h o r i z a t i o n Act f o r F Y 8 4 and F Y 8 5 , i n c l u d e s in section 1 0 1 2 a s e n s e of t h e Congress provision that certain Salvadorans w h o have been present in t h e United S t a t e s s i n c e Jan. 1 , 1983 should be granted extended voluntary d e p a r t u r e status u n t i l conditions i n El Salvador permit their s a f e return. T h e provision o r i g i n a t e d o n t h e H o u s e s i d e i n H.R. 2915 a n d was amended in c o n f e r e n c e to d e f i n e those i n d i v i d u a l s w h o should r e c e i v e extended voluntary d e p a r t u r e s t a t u s (H.Rept. 98-563). I N S Appropriation P.L. 98-166, t h e F Y 8 4 J u s t i c e Department a p p r o p r i a t i o n s a c t signed Nov. 2 8 , 1 9 8 3 , appropriates $501,257,000 f o r INS. T h i s w a s t h e a m o u n t proposed by t h e S e n a t e a n d agreed to i n conference, compared to $562,9..75,000 proposed by t h e House. T h e Conference r e p o r t (H.Rept. 98-478) n o t e d t h a t the confereees were a w a r e t h a t the Administration was considering a F Y 8 4 supplemental budget request of $93 million f o r I N S , and t h a t they would a d d r e s s the matter of a d d i t i o n a l resources a t t h a t point. As reported by t h e H o u s e Judiciary C o m m i t t e e (H.Rept. 98-181), H.R. t h e Department of Justice F Y 8 4 Authorization A c t , a u t h o r i z e d a f u n d i n g of $606,807,000 f o r INS. T h e F Y 8 4 budget r e q u e s t for the Justice Department's Immigration 2912, level and CRS-12 Naturalization Service (INS) was $539,261,000. $484,431,000. IB83067 I N S T s "€33 UPDATE-12/02/63 appropriation was Refugee Resettlement and Cuban/Haitian Assistance Funding authority for assistance f o r both r e f u g e e resettlement under t i t l e I V of t h e Immigration and Nationality Act a s amended by t h e Refugee Act of 1 9 8 0 , and f o r Cuban/Haitian entrants under t i t l e V of the Refugee Education Assistance Act (Fascell-Stone) expired a t the end of FY83. B o t h programs a r e currently operating under the a u t h o r i t y of P.L. 98-151, the FY84 further continuing appropriations resolution, which appropriated f u n d s a t the F Y 8 3 rate with t h e provision that they not be distributed through block or per grants. B..R. 3 7 2 9 , t h e Refugee Assistance Extension Act of 1983, would reauthorize the refugee resettlement assistance program through FY85. H. R. 3729 passed t h e House on Nov. 1 4 , 1 9 8 3 by a vote of 300 to 99 i n the form that i t was reported by t h e House Judiciary Committee (h.Rept. 98-404). Amendments to the enabling legislation i n c l u d e a requirement that t h e Secretary of H H S develop alternatives to cash a s s i s t a n c e , provision of medical assistance to refugees to the extent of available appropriations for of a one-year period after entry, and a prohibition against the'distribution refugee assistance i n block grants. (For more information, s e e Issue Brief 8 3 0 6 0 , Refugee Act Reauthorization: Admissions and Resettlement Issues.) S p e c i a l Impact Aid for Educating Alien Children P.L. 98-151, the further continuing a p p r ~ ~ r i a ' t i o n sresolution for F Y 8 4 , appropriated $ 3 0 million for the education of "immigrantTT C h i l d r e n , i n c l u d i n g undocumented a l i e n s , under the terms of H.R. 3 5 2 0 a s passed by t h e House. n.3. 3 5 2 0 , the Rehabilitation Act Amendments of 1983 passed by the H o u s e on Sept. 1 3 , 1 9 8 3 , wag amended during the House floor a c t i o n to p r o v i d e of the special i m p a c t aid for t h e education of immigrant children. Title V House-passed bill authorizes appropriations f o r three years through f i s c a l year 1986 for State grants to b e calculated a t a rate of $ 5 0 0 per alien c h i l d i n school districts having a population of 5 0 0 such students or a n u m b e r equal to 5 % of the school population. -7 P.L. 98-166, the Department of J u s t i c e appropriations a c t , continues t h e prohibition during F Y 8 4 on the use of Legal Service Corporation funds f o r most a l i e n s not admitted for l a w f u l permanent residence, including nonimmigrants, entrants a n d parolees, and undocumented aliens. LEGISLATION P.L. 9 8 - 2 1 , H.R. 1900 S o c i a l Security Amendments of 1983. Includes restriction o n the payment of s o c i a l security benefits to certain n o n r e s i d e n t ' alien dependents a n d survivors. Requires the printing of social security c a r d s on counterfeit-resistant banknote paper. Passed House o n Mar. 9 and Senate o n Mar. 2 3 ; conference report (H.Rept. 98-47) a g r e e d to by House on Mar. 2 4 a n d Senate o n Mar. 25; signed by the P r e s i d e n t o n Apr. 2 0 , 1983. P.L. 9 8 - 1 5 1 , H.J.Res. 413 Further Continuing Appropriations, FY84. Includes F Y 8 4 appropriation a t t h e current r a t e f o r refugee resettlement a s s i s t a n c e a n d f o r a s s i s t a n c e to Cuban and Haitian entrants, with t h e provision that the f u n d s may n o t be distributed through block or per capita grants. Appropriates $ 3 0 million f o r special impact aid for educating alien children. Passed H o u s e on Nov. 10 and S e n a t e on Nov. 1 1 , 1 9 8 3 ; House and S e n a t e agreed to conference r e p o r t (H.Rept. 98-540) and amendments o n Nov. 1 2 ; signed by t h e P r e s i d e n t o n N o v . 1 4 , 1983. P.L. 9 8 - 1 6 4 , H.R. 2915 Department of S t a t e Authorization A c t , F Y 8 4 and 85. I n c l u d e s sense of t h e Congress provision that certain Salvadorans should b e granted extended voluntary departure until conditions in El Salvador permit their safe return. P a s s e d House o n J u n e 9 and S e n a t e on Oct. 2 0 , 1 9 8 3 ; House a n d Senate a g r e e d to conference r e p o r t o n Nov. 1 7 a n d 1 8 , 1 9 8 3 , respectively; signed by the P e s i d e n t on Nov. 2 8 , 1983. P.L. 98-166, H.R. 3222 D e p a r t m e n t s of C o m m e r c e , J u s t i c e , and S t a t e , the J u d i c i a r y , and Related Agencies Appropriations, 1984. Includes a F Y 8 4 appropriation of $ 5 0 1 , 2 5 7 , 0 0 0 for INS. P r o h i b i t s u s e of Legal Service Corporation f u n d s f o r undocumented a l i e n s and most a l i e n s n o t admitted for p e r m a n e n t residence. P a s s e d H o u s e on Sept. 19 and S e n a t e on Oct. 2 1 , 1 9 8 3 ; House a g r e e d to c o n f e r e n c e r e p o r t o n 1 5 , 1 9 8 3 , both c a s e s with subsequent Nov. 9 and S e n a t e agreed on Nov. a m e n d m e n t ; signed by the P r e s i d e n t on Nov. 2 8 , 1983. H.R. 1 5 1 0 Immigration Reform and C o n t r o l Act of 1 9 8 3 , a s Judiciary Committee. reported by the House -- C o n t r o l of Illegal Immigration. P a r t A, E m p l o y m e n t , a m e n d s Title I Immigration a n d Nationality Act (INA) to prohibit t h e h i r i n g , and r e c r u i t m e n t to a c c e p t or referral f o r a f e e , of a l i e n s k n o w n t o be unauthorized e m p l o y m e n t , and establishes a graduated s e r i e s of penalties for violation consisting of a n administrative citation f o r a f i r s t o f f e n s e , which need n o t be k n o w i n g , civil penalties of $1,000 and $2,000 for second a n d t h i r a o f f e n s e s , and a criminal penalty o f u p to $3,000 and/or o n e y e a r imprisonment f o r subsequent offenses. P r o v i d e s for i n j u n c t i v e relief i n t h e event of a pattern or practice of violation. Establishes voluntary employment verification procedures which become mandatory if a n employer i s found with undocumented a l i e n s i n his employ. Requires t h e P r e s i d e n t t o report t o t h e C o n g r e s s within 3 y e a r s o n such changes a s may b e n e c e s s a r y to d e t e r m i n e employment eligibility. Increases penalties f o r fraud a n d m i s u s e o f c e r t a i n documents. P a r t B increases enforcement a p p r o p r i a t i o n s , authorizes user f e e s , establishes penalties f o r t h e unlawful transportation of a l i e n s t o t h e t o enter a g r i c u l t u r a l lands. United S t a t e s , a n d requires a search warrant P a r t C , Adjudication Procedures a n d Asylum, revises asylum 'and exclusion procedures. Establishes a n a d m i n i s t r a t i v e l a w judge system a n d U.S. Immigration Board within t h e Department of J u s t i c e but i n d e p e n d e n t of I N S a n d t h e Attorney General. P a r t D prohibits t h e a d j u s t m e n t of s t a t u s of nonimmigrants who h a v e violated t h e terms of their visas. -- T i t l e I1 Reform o f Legal Immigration. Part a d d i t i o n a l n u m b e r s a v a i l a b l e f o r Mexico, Canada, A, and Immigrants, makes dependent a r e a s ; provides special immigrant status for certain G-4 spouses and children of international organization employees. P a r t B , Nonimmigrants, liberalizes H-2 temporary agricultural workers admissions procedures and establishes a transitional program; requires "F" a n d " M U nonimmigrant foreign s t u d e n t s to return home for 2 years before adjusting to permanent resident status with provision for a waiver i n specified f i e l d s ; and p r o v i d e s ' for a pilot Visa waiver program. Establishes a temporary program authorizing Title I11 -- Legalization. the Attorney G e n e r a l , a t his discretion, to adjust t h e s t a t u s of otherwise eligible a l i e n s who have been h e r e continyously s i n c e prior to Jan. 1 , 1 9 8 2 , to that of permanent resident a l i e n ; excludes legalized permanent resident care aliens for 5 y e a r s from Federal assistance except for emergency medical and a i d . f o r t h e a g e d , blind, and disabled. Authorizes Federal reimbursement to S t a t e s a n d localities f o r public a s s i s t a n c e and educational services to legalized aliens. Title IV -- Expresses the sense of the Congress t h a t certain Salvadorans should be g r a n t e d extended voluntary departure. T h e bill was introduced Feb. 1 7 , 1 9 8 3 ; referred t o Committee o n the Judiciary. ~ p p r o v e d by t h e Subcommittee on I m m i g r a t i o n , r e f u g e e s , and International L a w on Apr. 6 , 1983. Ordered reported by t h e Committee o n the Judiciary o n May 5 , 1983. Reported May 1 3 ( H - R e p t . 9 8 - 1 1 5 , pt. I). Reported by the C o m m i t t e e on Agriculture J u n e 2 7 (H.Rept. 98-115, pt. 11); reported by the Committee o n Energy and Commerce J u n e 2 8 (H.Rept. 9 8 - 1 1 5 , pt. 111); reported by t h e Committee o n Education and Labor J u n e 2 8 , 1983 (H.Rept. 9 8 - 1 1 5 , pt. IV) . H.R. 2466 (Miller e t al.) Amends the Immigration and Nationality Act With r e s p e c t to the admission of nonimmigrant workers to the United States for temporary employment. Tightens provisions for t h e admission of H-2 w o r k e r s , particularly in agriculture. Identical to amendments t o t h e H-2 provision reported by the (H.Rept. 9 7 - 8 9 0 , pt. Committee on Education and Labor i n t h e 9 7 t h Congress 11). T h e b i l l was introduced Apr. 1 2 , 1 9 8 3 ; referred jointly to the Committees o n t h e Judiciary and o n Education and Labor. H.R. 3 7 2 9 (Mazzoli e t al.) Refugee Assistance Extension Act of 1983. Reauthorizes refugee assistance programs through FY85 a t t h e following a n n u a l levels: $100 million for social services; $14 million for health screening a c t i v i t i e s ; $ 5 0 million for targeted assistance; and such sums a s a r e necessary for other refugee assistance programs. Requires Secretary of H H S to d e v e l o p and implement alternarives t o refugee cash assistance. Provides f o r specific l e g a l and financial o b l i g a t i o n s for refugees during first 90 d a y s i n voluntary agency Contracts. Authorizes appropriations f o r partial reimbursement of S t a t e s and counties f o r certain incarcerated Cuban entrants. P r o v i d e s f o r t h e refusing to participate i n a social service o r targeted a s s i s t a n c e p r o g r a m , or refusing to be interviewed f o r a job. T o t h e extent - o f available a p p r o p r i a t i o n s , provides that medical assistance b e made a v a i l a b l e to refugees f o r the first y e a r they a r e i n t h e United States. Prohibits the distribution o r refugee assistance in block grants. Authorizes targeted assistance T o areas with high concentrations of refugees. R e q u i r e s the General Accounting Office to monitor reception and p l a c e m e n t grants a n n u a l l y , and sets f o r t h certain conditions for t h e grants. Establishes the O f f i c e of Refugee R e s e t t l e m e n t i n t h e Office of t h e Secretary a t t h e D e p a r t m e n t of Health and Human Services. Provides for the administration of refugee education assistance by the Department of Education. Introduced Aug. 1, 1 9 8 3 ; referred to t h e Committee o n the Judiciary. Ordered reported by the Committee o n the Judiciary Sept. 271 1983. Reported Oct. 5 , 1 9 8 3 (H.Repted by t h e Committee o n t h e Judiciary Sept. 2 7 , 1983. Reported Oct. 5 , 1983 (H.Rept. 98-404). P a s s e d House Nov. 1 4 by a vote of 3 0 0 ' t o 99. S. 5 2 9 (Simpson) Immigration Reform and Control Act of 1983. C o n t r o l of Illegal Immigration. R e s e m b l e s broad o u t l i n e s of Title I H.R. 1 5 1 0 , title I , a s summarized a b o v e , . e x c e p t a s noted. P e n a l t i e s for violation o f the prohibition against employing, etc. unauthorized a l i e n s c o n s i s t of civil f i n e s of $ 1 , 0 0 0 for a f i r s t o f f e n s e and $ 2 , 0 0 0 f o r a second 6 o f f e n s e , a n d a criminal misdemeanor penalty of u p to a $ 1 , 0 0 0 f i n e and/or months imprisonment for a pattern or practice of violation, with injunctive relief a l s o provided. Compliance with t h e verification procedures i s mandatory with a $500 f i n e for violation. Requires the P r e s i d e n t w i t h i n three y e a r s of enactment t o i m p l e m e n t , rather than r e p o r t to t h e Congress o n , such c h a n g e s a s may be necessary to establish a secure system for determining employment eligibility, but includes provision for congressional review. U.S. Immigration Board within the D e p a r t m e n t D o e s n o t a u t h o r i z e user fees. of J u s t i c e would n o t be independent of t h e Attorney General a s i t would under t h e House version. -- Establishes a numerical T i t l e I1 -- Reform of Legal Immigration. limitation of 4 2 5 , 0 0 0 o n a l l i m m i g r a t i o n , exclusive of r e f u g e e s , with 350,000 allotted f o r family reunif'ication, minus t h e number i s s u e d . to numericazly unrestricted i m m e d i a t e relatives the preceding y e a r ; and 7 5 , 0 0 0 a l l o t t e d f o r i n d e p e n d e n t s , minus the number issued to numerically unrestricted special immigrants t h e preceding year. Provides. u p t o 4 0 , 0 0 0 i m m i g r a n t v i s a s each f o r Canada and Mexico a n n u a l l y , with unused n u m b e r s t r a n s f e r a b l e t h e f o l l o w i n g year. Amends labor certification requirement t o permit u s e of nationwide data. Other provisions broadly similar t o H.R. 1 5 1 0 a s summarized above. Establishes a temporary program a u t h o r i z i n g T i t l e I11 -- Legalization. the Attorney G e n e r a l , a t h i s discretion, to a d j u s t t h e s t a t u s of otherwise eligible a l i e n s w h o h a v e been here continuously s i n c e prior to Jan. 1 , 1 9 7 7 , t o t h a t of permanent resident a l i e n ; a n d of otherwise eligible a l i e n s w h o h a v e been h e r e continuously s i n c e prior t o Jan. 1 , 1 9 8 0 , to temporary resident status, with a n option to apply f o r a d j u s t m e n t to permanent r e s i d e n t status after 3 years. Excludes legalized temporary resident a l i e n s a n d , f o r 3 y e a r s , permanent resident aliens from a l l F e d e r a l a s s i s t a n c e , and a u t h o r i z e s S t a t e block grants for legalization i m p a c t assistance. -- G e n e r a l Provisions. R e q u i r e s a s e r i e s of r e p o r t s t o the T i t l e IV C o n g r e s s ; expresses t h e sense of the C o n g r e s s that immigration l a w should b e enforced vigorously a n d f a i r l y ; a u t h o r i z e s appropriatio..ns; e x p r e s s e s - t h e s e n s e of t h e Congress that English and n o other l a n g u a g e i s t h e o f f i c i a l l a n g u a g e of t h e United S t a t e s ; expresses the s e n s e o f t h e S e n a t e t h a t t h e D e p a r t m e n t o f Labor should reexamine t h e a d v e r s e effect w a g e r a t e f o r West Virginia; a n d provides for Federal reimbursement of S t a t e s i n c a r c e r a t i n g i l l e g a l a l i e n s or r e f u g e e s convicted o f felonies. T h e bill was introduced Feb. 1 7 , 1 9 8 3 ; referred t o C o m m i t t e e o n the Judiciary. Reported by t h e S e n a t e Judiciary C o m m i t t e e o n Apr. 21, 1983 ( S - R e p t . 98-62). P a s s e d Senate by a v o t e of 7 6 to 18 on May 1 8 , 1983. As passed by House (formerly H.R. 3520). Rehabilitation Act Amendments of for 1983. Title V of the House-passed bill authorizes special impact a i d educating alien children. Adopted during f l o o r consideration of H.R. 3520. Passed House Sept. 1 3 , 1983. HEARINGS U.S. Congress. House. Committee on Education and Labor. Subcommittee on EMployment Opportunities. Hearing o n employment discrimination and immigration reform. Hearing, 9 8 t h C o n g r e s s , 1 s t s e s s i o n , on H.R. 1510. W a s h i n g t o n , U.S. Govt. Print. Off., 1983. 2 6 1 p. ----- Subcommittee on Labor Standards. Hearing on proposals to a m e n d the Immigration and Nationality Act. Hearing, 9 8 t h Congress, 1 s t session. Washington, U.S. Govt. Print. Off., 1983. 6 5 p. U.S. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, R e f u g e e s , and International Law. Immigration reform. H e a r i n g s , 97th C o n g r e s s , i s t session. P a r t s 1-2. Washington, U.S. Gcvt. Print. Off., 1982. Hearings held between Oct. 14 and Nov. 1 9 , 1981. " ~ e r i a P 'no. 30" ----- Administration's proposals on immigration and r e f u g e e policy. J o i n t hearing before the Subcommittee o n I m m i g r a t i o n , Refugees, a n d International Law of t h e House Committee o n the Judiciary and Subcommittee o n Immigration and Refugee Policy of the Senate Committee on t h e J u d i c i a r y , 97th Congress, 1 s t session. July 3 0 , 1981. W a s h i n g t o n , U.S. Govt. Print. Off., 1982. 7 8 p. "Serial no. 21" ----- ----- ----- U.S. Immigration Reform a n d Control Act of 1982. J o i n t hearings before t h e Subcommittee on Immigration, R e f u g e e s , and International L a w of t h e House C o m m i t t e e on t h e Judiciary and Subcommittee on Immigration and Refugee P o l i c y of the Senate Committee o n t h e J u d i c i a r y , 9 7 t h C o n g r e s s , 2d session, on H.R. 5872/S. 2222. Apr. 1 and 2 0 , 1982. Washington, U.S. Govt. Print. Off., 1982. 7 8 5 p. "Serial no. 4 0 " Immigration Reform and Control Act of 1983. H e a r i n g s , 9 8 t h Congress, 1 s t s e s s i o n , on H.R. 1510. March 1.983. Washington, U.S. Govt. Print. Off., 1983. 1 5 0 7 p. " S e r i a l no. 2" Committee on Post O f f i c e and Civil Service. Subcommittee o n Census a n d Population. Immigration R e f o r m ' a n d Control Act of 1982. Hearing, 9 7 t h C o n g r e s s , 2d session. Dec. 9 , 1982.. Washington, U.S. Govt. Print. Off., 1983. 1 1 2 p. "Serial no. 97-55" Congress. Senate. C o m m i t t e e on t h e Judiciary. Subcommittee on Immigration and Refugee Policy. Asylum adjudications. Hearings, 97th Congress, 1st session. Oct. i 4 and 1 6 , 1981. Washington, U.S. Govt. Print. Off., 1982. 293 p. "Serial no. 5-97-66" ----- ----- F i n a l report of the Select Commission on Immigration and Refugee Policy. Joint hearings before the Subcommittee o n immigration and Refugee Policy of the Senate Committee on the Judiciary, and the Subcommittee on Immigration, Refugees and International L a w of the H o u s e Committee on the Judiciary, 97th Congress, 1st session. May 5 , 6 , 7 , 1981. Washington, U.S. Govt. Print. Off., 1981. 7 0 4 p. "Serial no. 5-97-38" G-IV visa relief proposals. Hearing, 97th Congress, 2d session. Feb. 1 , 1983. Washington, U.S. Govt. Print. Off., 1982. 1 1 4 p. "Serial no. 5-97-93'' ----- T h e knowing employment of illegal immigrants. Hearing, 97th Congress, 1st session, on employer sanctions. Sept. 30, 1981. Washingtqn, U.S. Govt. Print. Off., 1982: 4 7 7 p. "Serial no. J-97-61Iq ----- Legalization of illegal immigrants. Hearing, 9 7 t h Congress, 1st session. Oct. 2 9 , 1981. Washington, U.S. Govt. Print. Off., 1982. 221 p. "Serial no. J-97'-77" ----- Nonimmigrant business visas a n d adjustment of status. Hearing, 97th'Congress, 2d session. Dec. 1 1 , 1981. Washington, U.S. Govt. Print Off., 1982. 1 4 7 p. "Serial no. J-97-06" ----- Numerical limits on immigration to the United States. Hearing, 97th Congress, 2d session. Jan. 2 5 , 1982. Washington, U.S. Govt. Print. Off., 1982. 2 3 0 p. "Serial no. J-97-89" ----- T h e preference system. session. Nov. 23, 1981. Off., 1982. 240 p. ."Serial no. J-97-83" ----- Systems to verify authorization to work in t h e United States. Hearing, 9 7 t h Congress, 1 s t session. Oct, 2 , 1981. Washington, U.S. Govt. Print. Off., 1982. 207 p . "Serial no. 5-97-63" ----- Temporary workers. Hearing, 9 7 t h Congress, 1 s t session, on a new temporary worker program with Mexico; Oct. 2 2 , 1981. Washington, U.S. Govt. Print. Off., 1982. 285 p. "Serial no. 5-97-75" ----- United States a s a country of mass first asylum. Hearing, 9 7 t h Congress, 1 s t session, on oversight on t h e legal Hearing, 97th Congress, 1 s t Washington, U.S. Govt. Print. status of t h e Cubans and Haitians who have entered the United States and the policies and proeedures which should be adopted i n order to handle f u t u r e mass asylum cases and crises. July 3 1 , 1981. W a s h i n g t o n , U.S. Govt. Print. Off., 1982. 272 p. "Serial no. J-97-49" REPORTS AND CONGRESSIONAL DOCUMENTS Immigration Reform and Control Act of i982. D e b a t e in t h e House on H.R. 7357. Congressional record [ d a i l y ed.], Dec. 1 6 , 1982: H10069-H10093; Dec. 1 7 , 1982: H10230-H10265; Dec. 1 8 , 1982: H10319-H10354. Immigration Reform and Control Act of 1982. D e b a t e and vote in the S e n a t e o n S. 2222. Congressional record [ d a i l y S10307-S10361; Aug. 1 3 , 1982: ed.], Aug. 1 2 , 1982: S10426-S10507; A u ~ .1 7 , 1982: ,510606-S10636. Immigration Reform and Control Act of 1983. D e b a t e and vote i n the Senate on S. 529. Congressional record [ d a i l y ed.], Apr. 2 8 , 1983: S5515-S5575; May 1 2 , 1983: S6658-S6660; May 1 6 , 1983: ,96716-S6746; May 1 7 , 1983: S6794-S6843; May 1 8 , 1983: S6905-S6987. U.S. Congress. 'House. Committee o n Agriculture. Immigration Reform and Control Act of 1 9 6 3 ; report together with dissenting and additional views to accompany H.R. 1510. J u n e 2 7 , 1983. 7 2 p. (98th C o n g r e s s , 1 s t session. House. Report no. 9 8 - 1 1 5 , part 11) U.S. Congress. House. Committee o n Education and Labor. Immigration Reform and Control Act of 1 9 8 2 ; report together with minority views to accompany H.R. 6514. Dec. 1 , 1982. 5 1 p. (97th Congress, 2d session. House. Report no. 9 7 - 8 9 0 , part 11) ----- Immigration Reform and Control Act of 1 9 8 3 ; report together with minority and supplemental views to accompany H.R. 1510. J u n e 2 8 , 1983. 7 6 p. (98th C o n g r e s s , 1 s t session. House. Report no. 9 8 - 1 1 5 , part I V ) U..S. Congress. House. Committee o n Energy and Commerce. Immigration Reform and Control Act of 1 9 8 3 ; report to a c c o m p a n y H.R. 1510. J u n e 2 8 , 1983. 1 5 p. (98th C o n g r e s s , 1 s t session. House. R e p o r t no. 98-115,. part 111) U.S. Congress. House. Committee o n t h e Judiciary. Immigrafion Reform and C o n t r o l Act of 1 9 8 2 ; report together with a d d i t i o n a l a n d dissenting views to a c c o m p a n y H.R. 6514. Sept. 2 8 , 1982. 232 p. (97th .Congress, 2d session. House. R e p o r t no. 97-890, part 1) ----- Immigration Reform and Control Act of 1 9 8 3 ; report to accompany H.R. 1510. May 1 3 , 1983. 1 8 4 p. (98th C o n g r e s s , 1 s t session. House. Report no. 98-115, Part I ) ----- Refugee Assistance Extension Act of 1 9 8 3 ; report t o accompany H.R. 3729. Oct. 5 , 1963. 3 4 p. (98th Congress, 1st session. House. Report no. 98-404) U.S. Congress. Senate. Committee on the Judiciary. Immigration reform and control; report to accompany (97th Congress, 2d S. 2222. June 30, 1982. 1 2 8 p. session. Senate. Report no. 97-485) ----- Immigration reform and control; report to accompany S. 529. Apr. 21, 1983. 1 4 0 p. (98th Congress, 1 s t session. Senate. Report no. 98-62) ----- Summary of hearings held on immigration and refugee policy, July 1981-April 1982. Prepared by Education and Welfare Division, Congressional Research Service, U.S. Library of Congress. Washington, U.S. Govt. Print. Off., April 1983. 1 7 6 p. (98th Congress, 1 s t session. Senate. Report no. 98-40) ADDITIONAL REFERENCE SOURCES U.S. General Accounting Office. Information on the enforcement . of l a w s regarding 'employment of aliens in selected countries; report by the U.S. General Accounting Office. [washington] 77 p. llGAO/GGD-82-86, Aug. '31, 1982" U.S. Library of Congress. Congressional Research Service. Asylum acljudications by Sharon Masanz, Mar. 9 , 1983. Washington, 1983. 5 0 p. ----- T h e "Immigration Reform and Control Act of 1982": summary and debate by Joyce Vialet and Sharon Masanz, Apr. 29, 1983. Washington, 1983. 75 p. C R S Report 8 3 - 8 8 EPW U.S. Select Commission on Immigration and Refugee Policy. Final report: U.S. immigration policy and the national interest. Committees on the Judiciary, U.S. House of Representatives and U.S. Senate. Washington, U.S. Govt. Print. Off., 1981. 4 5 6 p. ----- Staff report. 9 1 6 p. Washington, U.S. Govt. Print. Off., 1981.