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
J o y c e C.
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
INFORMATION CALL 287-5700
Immigration reform continues to be of concern in the '96th Congress, and
legislation has been moving
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
introduced in the House and Senate on Feb, 1 7 , 1983 as H.R. 1510 and S.
S. 529 was reported by the Senate Judiciary Committee on Apr.
S. 529 was reported by the Senate Judiciary Committee on Apr.
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
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
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
Representative Romano Mazzoli, the Chairman of
Subcommittee on Immigration, Refugees, and
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.
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
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
pt. 111, and on June 28 by the Committee on Energy and Commerce
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.
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.
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.
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
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
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
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
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
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
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.
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
l a w and t o "regain control over our immigration policy."
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."
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
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
Immigration and Refugee Policy, chaired by Attorney General William
Smith, to review the Commission's recommendations and the issues.
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.
relating to the control of illegal immigration included employer sanctions
for the knowing employment of unauthorized aliens, a legalization program, a
temporary worker program
for up to 50,000 Mexican
nationals annually, and an increase in the annual ceiling on Mexican and
Provisions relating to mass arrivals by
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.
1982, of identical bills by the subcommittee chairmen, referred to as the
This, rather than the Administration bill, became the
vehicle for legislative action.
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."
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
i n the 98th Congress.
T h e Simpson-Mazzoli bill was introduced i n the 97th Congress a s S.
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
( 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.
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
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
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
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
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
numbers of aliens entering the country, both legally and illegally.
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
under the control of the American people."
"to reform outmoded and unworkable
that the purposes of the bill were
provisions of the present immigration law and gain control of our national
The following is a .discussion of , c u r r e n t immigration
alternatives a s defined by the ongoing debate on immigration reform, with a
emphasis on the current House a n 8 Senate versions
Control of Illegal Immigration
Illegal immigration has been of serious concern to the Congress since the
early 1970s. As measured by apprehensions by
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
unofficially by the Census Bureau at between 3.5 and 6 million.
generally thought tb account.for 50.% to 60% of the total.
The prospect of employment at U.S. wages is generally agreed
to be the
magnet Which draws aliens here illegally.
proposed throughout the 1970s was to penalize employers who knowingly hire
Legislation establishing employer penalties passed the House
during the 92nd and 93rd Congresses, and was proposed
Administration in the 95th Congress, but it was not enacted.
with the illegal/undocumented
alien issue played
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
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
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
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
result i n d i s c r i m i n a t i o n , particularly against Hispanics, and/or
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
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
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
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
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
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
a n d allows a n y person "adversely affected directly" to f i l e a charge.
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.
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
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
citizens d o n o t necessarily have proof of their citizenship o r entitlement t o
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
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.
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
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
necessary to establish a secure system of determining employment e l i g i b i l i t y ,
and by the House bill to report to the Congress on the need for such changes.
An amendment adopted during the Senate
congressional review of any proposal by the President requiring a new secure
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.
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
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
It is argued that many undocumented
productive members of our society whose presence here is the result of U.S.
ambivalence about enforcing the immigration law, and that
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
eligibility date is. expected during the House floor debate.
legalization argue that it condones and encourages law-breaking, and/or
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
1510 includes a
one-tier legalization provision, authorizing permanent
resident status for
otherwise eligible aliens who have been in this Country
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
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
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
Simpson-Mazzoli bill, although it h a s some
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
modifications to the existing H-2 program providing essentially f o r a
separate agricultural segment.
T h e H-2 temporary worker program
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
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
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
In a d d i t i o n , both bills p r o v i d e for a
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
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
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.
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
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
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
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
They h a v e said the increase i n the number of persons
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.
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
courts a s i m p r o p e r , streamlining asylum a n d exclusion proceedings
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
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.
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
body b u t was created through regulations promulgated by the Attorney General.
Immigration judges (or special inquiry officers)
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
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
T h e Administration proposed removing t h e immigration
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.
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.
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.
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:
by S h a r o n Masanz]
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
a n n u a l l y under a six-category preference
system which g i v e s priority
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.
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
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
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
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
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
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
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.
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
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
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.
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
An a m e n d m e n t offered by
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.
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.
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
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
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
spouse, c h i l d ,
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.
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.)
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
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.
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
Naturalization Service (INS) was $539,261,000.
I N S T s "€33
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
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
3 7 2 9 , t h e Refugee Assistance Extension Act of
reauthorize the refugee resettlement assistance program through FY85.
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
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
medical assistance to refugees to the extent of available appropriations
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.
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
special i m p a c t aid for t h e education of immigrant children.
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.
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
nonimmigrants, entrants a n d parolees, and undocumented aliens.
9 8 - 2 1 , H.R.
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
security c a r d s
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.
9 8 - 1 5 1 , H.J.Res.
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.
9 8 - 1 6 4 , H.R.
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;
P e s i d e n t on Nov. 2 8 , 1983.
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
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
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
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
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
$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.
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
Increases penalties f o r fraud a n d m i s u s e o f c e r t a i n
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
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
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
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,
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
Establishes a temporary program
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
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
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
~ 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).
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
9 8 - 1 1 5 , pt.
reported by t h e Committee o n Education
and Labor J u n e 2 8 , 1983
9 8 - 1 1 5 , pt. IV)
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
Identical to amendments t o t h e H-2 provision reported by the
9 7 - 8 9 0 , pt.
Committee on Education and Labor i n t h e 9 7 t h Congress
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.
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
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
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
T o t h e extent - o f
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.
distribution o r refugee assistance in block grants.
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
education assistance by the Department of Education.
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
by t h e Committee o n t h e Judiciary Sept. 2 7 , 1983.
5 , 1983
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
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
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
relief a l s o provided.
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
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
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 ,
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.
( 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
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.
Passed House Sept. 1 3 , 1983.
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.,
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
Washington, U.S. Govt. Print. Off., 1983. 6 5 p.
Committee on the Judiciary.
Subcommittee on Immigration, R e f u g e e s , and International
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.,
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"
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.
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"
C o m m i t t e e on t h e Judiciary.
Subcommittee on Immigration and Refugee Policy.
adjudications. Hearings, 97th Congress, 1st session. Oct.
i 4 and 1 6 , 1981. Washington, U.S. Govt. Print. Off., 1982.
"Serial no. 5-97-66"
F i n a l report of the Select Commission on Immigration and
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
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.
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.,
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"
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.
"Serial no. 5-97-75"
United States a s a country of mass first asylum.
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:
Congress. 'House. Committee o n Agriculture.
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.
Report no. 9 8 - 1 1 5 , part 11)
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.
C o n g r e s s , 1 s t session.
Report no. 9 8 - 1 1 5 ,
part I V )
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.
C o n g r e s s , 1 s t session.
R e p o r t no. 98-115,.
House. Committee o n t h e Judiciary.
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
May 1 3 , 1983.
1 8 4 p.
(98th C o n g r e s s , 1 s t session.
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.
1st session. House. Report no. 98-404)
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
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.,
1 7 6 p. (98th Congress, 1 s t session.
Report no. 98-40)
ADDITIONAL REFERENCE SOURCES
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"
Library of Congress.
Congressional Research Service.
Asylum acljudications by Sharon Masanz, Mar. 9 , 1983.
5 0 p.
T h e "Immigration Reform and Control Act of 1982":
and debate by Joyce Vialet and Sharon Masanz, Apr. 29, 1983.
C R S Report 8 3 - 8 8 EPW
Select Commission on Immigration and Refugee Policy.
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.
9 1 6 p.
Govt. Print. Off., 1981.