[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Presidential Documents]
[Pages 7885-7889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3554]





                        Presidential Documents 



Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / 
Presidential Documents

____________________________________________________________________

Title 3--
The President  
[[Page 7885]] 


                Memorandum of February 7, 1995

                
Deterring Illegal Immigration

                Memorandum for the Heads of Executive Departments and 
                Agencies

                It is a fundamental right and duty for a nation to 
                protect the integrity of its borders and its laws. This 
                Administration shall stand firm against illegal 
                immigration and the continued abuse of our immigration 
                laws. By closing the back door to illegal immigration, 
                we will continue to open the front door to legal 
                immigrants.

                My Administration has moved swiftly to reverse the 
                course of a decade of failed immigration policies. Our 
                initiatives have included increasing overall Border 
                personnel by over 50 percent since 1993. We also are 
                strengthening worksite enforcement and work 
                authorization verification to deter employment of 
                illegal aliens. Asylum rules have been reformed to end 
                abuse by those falsely claiming asylum, while offering 
                protection to those in genuine fear of persecution. We 
                are cracking down on smugglers of illegal aliens and 
                reforming criminal alien deportation for quicker 
                removal. And we are the first Administration to obtain 
                funding to reimburse States for a share of the costs of 
                incarcerating criminal illegal aliens.

                While we already are doing more to stem the flow of 
                illegal immigration than has any previous 
                Administration, more remains to be done. In conjunction 
                with the Administration's unprecedented budget proposal 
                to support immigration initiatives, this directive 
                provides a blueprint of policies and priorities for 
                this Administration's continuing work to curtail 
                illegal immigration. With its focus on strong border 
                deterrence backed up by effective worksite enforcement, 
                removal of criminal and other deportable aliens and 
                assistance to states, this program protects the 
                security of our borders, our jobs and our communities 
                for all Americans--citizens and legal immigrants alike.

                COMPREHENSIVE BORDER CONTROL STRATEGY

                A. Deterring Illegal Immigration At Our Borders

                I have directed the Attorney General to move 
                expeditiously toward full implementation of our 
                comprehensive border control strategy, including 
                efforts at the southwest border. To support sustained 
                long-term strengthening of our deterrence capacity, the 
                Administration shall seek funding to add new Border 
                Patrol agents to reach the goal of at least 7,000 
                agents protecting our borders by the year 2000.

                    Flexible Border Response Capacity

                To further this strategy, the Department of Justice 
                shall implement the capacity to respond to emerging 
                situations anywhere along our national borders to deter 
                buildups of illegal border crossers, smuggling 
                operations, or other developing problems.

                    Strategic Use of High Technology

                Through the strategic use of sensors, night scopes, 
                helicopters, light planes, all-terrain vehicles, 
                fingerprinting and automated recordkeeping, we have 
                freed many Border Patrol agents from long hours of 
                bureaucratic tasks and increased the effectiveness of 
                these highly-trained personnel. Because these tools are 
                essential for the Immigration and Naturalization 
                Service (INS) to do its job, I direct the Attorney 
                General to accelerate to the greatest 
                [[Page 7886]] extent possible their utilization and 
                enhancement to support implementation of our deterrence 
                strategy.

                    Strong Enforcement Against Repeat Illegal Crossers

                The Department of Justice shall assess the 
                effectiveness of efforts underway to deter repeat 
                illegal crossers, such as fingerprinting and dedicating 
                prosecution resources to enforce the new prosecution 
                authority provided by the Violent Crime Control and Law 
                Enforcement Act of 1994.

                The Department of Justice shall determine whether 
                accelerated expansion of these techniques to additional 
                border sectors is warranted.

                B. Deterring Alien Smuggling

                This Administration has had success deterring large 
                ship-based smuggling directly to United States shores. 
                In response, smugglers are testing new routes and 
                tactics. Our goal: similar success in choking off these 
                attempts by adjusting our anti-smuggling initiatives to 
                anticipate shifting smuggling patterns.

                To meet new and continuing challenges posed along 
                transport routes and in foreign locations by smuggling 
                organizations, we will augment diplomatic and 
                enforcement resources at overseas locations to work 
                with host governments, and increase related 
                intelligence gathering efforts.

                The Departments of State and Justice, in cooperation 
                with other relevant agencies, will report to the 
                National Security Council within 30 days on the 
                structure of interagency coordination to achieve these 
                objectives.

                Congressional action will be important to provide U.S. 
                law enforcement agencies with needed authority to deal 
                with international smuggling operations. I will propose 
                that the Congress pass legislation providing wiretap 
                authority for investigation of alien smuggling cases 
                and providing authorization to seize the assets of 
                groups engaged in trafficking in human cargo.

                In addition, I will propose legislation to give the 
                Attorney General authority to implement procedures for 
                expedited exclusion to deal with large flows of 
                undocumented migrants, smuggling operations, and other 
                extraordinary migration situations.

                C. Visa Overstay Deterrence

                Nearly half of this country's illegal immigrants come 
                into the country legally and then stay after they are 
                required by law to depart, often using fraudulent 
                documentation. No Administration has ever made a 
                serious effort to identify and deport these 
                individuals. This Administration is committed to 
                curtailing this form of illegal immigration.

                Therefore, relevant departments and agencies are 
                directed to review their policies and practices to 
                identify necessary reforms to curtail visa overstayers 
                and to enhance investigations and prosecution of those 
                who fraudulently produce or misuse passports, visas, 
                and other travel related documents. Recommendations for 
                administrative initiatives and legislative reform shall 
                be presented to the White House Interagency Working 
                Group on Immigration by June 30, 1995.

                REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE 
                ENFORCEMENT, AND DETERRENCE

                Border deterrence cannot succeed if the lure of jobs in 
                the United States remains. Therefore, a second major 
                component of the Administration's deterrence strategy 
                is to toughen worksite enforcement and employer 
                sanctions. Employers who hire illegal immigrants not 
                only obtain unfair competitive advantage over law-
                abiding employers, their unlawful use of illegal 
                immigrants suppresses wages and working conditions for 
                our country's legal workers. Our strategy, which 
                targets enforcement efforts at employers and industries 
                that historically have relied upon employment of 
                illegal immigrants, will not only strengthen deterrence 
                of illegal immigration, but better protect American 
                workers and businesses that do not hire illegal 
                immigrants. [[Page 7887]] 

                Central to this effort is an effective, 
                nondiscriminatory means of verifying the employment 
                authorization of all new employees. The Administration 
                fully supports the recommendation of the Commission on 
                Legal Immigration Reform to create pilot projects to 
                test various techniques for improving workplace 
                verification, including a computer database test to 
                validate a new worker's social security number for work 
                authorization purposes. The Immigration and 
                Naturalization Service (INS) and Social Security 
                Administration are directed to establish, implement, 
                monitor, and review the pilots and provide me with an 
                interim report on the progress of this program by March 
                1, 1996.

                In addition, the INS is directed to finalize the 
                Administration's reduction of the number of authorized 
                documents to support work verification for noncitizens. 
                Concurrently, the Administration will seek further 
                reduction legislatively in the number of documents that 
                are acceptable for proving identity and work 
                authorization. The Administration will improve the 
                security of existing documents to be used for work 
                authorization and seek increased penalties for 
                immigration fraud, including fraudulent production and 
                use of documents.

                The Department of Labor shall intensify its 
                investigations in industries with patterns of labor law 
                violations that promote illegal immigration.

                I also direct the Department of Labor, INS, and other 
                relevant Federal agencies to expand their collaboration 
                in cracking down on those who subvert fair competition 
                by hiring illegal aliens. This may include increased 
                Federal authority to confiscate assets that are the 
                fruits of that unfair competition.

                The White House Interagency Working Group on 
                Immigration shall further examine the link between 
                immigration and employment, including illegal 
                immigration, and recommend to me other appropriate 
                measures.

                DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS

                The Administration's deterrence strategy includes 
                strengthening the country's detention and deportation 
                capability. No longer will criminals and other high 
                risk deportable aliens be released back into 
                communities because of a shortage of detention space 
                and ineffective deportation procedures.

                A. Comprehensive Deportation Process Reform

                The Department of Justice, in consultation with other 
                relevant agencies, shall develop a streamlined, fair, 
                and effective procedure to expedite removal of 
                deportable aliens. As necessary, additional legislative 
                authority will be sought in this area. In addition, the 
                Department of Justice shall increase its capacity to 
                staff deportation and exclusion hearings to support 
                these objectives.

                B. National Detention and Removal Plan

                To address the shortage of local detention space for 
                illegal aliens, the Administration shall devise a 
                National Detention, Transportation, and Removal Policy 
                that will permit use of detention space across the 
                United States and improve the ability to remove 
                individuals with orders of deportation. The Department 
                of Justice, in consultation with other agencies as 
                appropriate and working under the auspices of the White 
                House Interagency Working Group on Immigration, shall 
                finalize this plan by April 30, 1995.

                The Administration will seek support and funding from 
                the Congress for this plan and for our efforts to 
                double the removal of illegal aliens with final orders 
                of deportation.

                C. Identification and Removal of Criminal Aliens

                The Institutional Hearing Program is successfully 
                expediting deportation of incarcerated criminal aliens 
                after they serve their sentences.

                To further expedite removal of criminal aliens from 
                this country and reduce costs to Federal and State 
                governments, the Department of Justice is directed to 
                develop an expanded program of verification of the 
                immigration status [[Page 7888]] of criminal aliens 
                within our country's prisons. In developing this 
                program, the viability of expanding the work of the Law 
                Enforcement Support Center should be assessed and all 
                necessary steps taken to increase coordination and 
                cooperative efforts with State, and local law 
                enforcement officers in identification of criminal 
                aliens.

                TARGETED DETERRENCE AREAS

                Many of the Administration's illegal immigration 
                enforcement initiatives are mutually reinforcing. For 
                example, strong interior enforcement supports border 
                control. While there have been efforts over the years 
                at piecemeal cooperation, this Administration will 
                examine, develop, and test a more comprehensive 
                coordinated package of deterrence strategies in 
                selected metropolitan areas by multiple Federal, State, 
                and local agencies.

                The White House Interagency Working Group on 
                Immigration shall coordinate the development of this 
                interagency and intergovernmental operation.

                VERIFICATION OF ELIGIBILITY FOR BENEFITS

                The law denies most government benefits to illegal 
                aliens. The government has a duty to assure that 
                taxpayer-supported public assistance programs are not 
                abused. As with work authorization, enforcement of 
                eligibility requirements relies upon a credible system 
                of verification. The INS, working with the White House 
                Interagency Working Group on Immigration as 
                appropriate, shall review means of improving the 
                existing benefits verification program. In addition, we 
                will seek new mechanisms--including increased penalties 
                for false information used to qualify for benefits--to 
                protect the integrity of public programs.

                ANTI-DISCRIMINATION

                Our efforts to combat illegal immigration must not 
                violate the privacy and civil rights of legal 
                immigrants and U.S. citizens. Therefore, I direct the 
                Attorney General, the Secretary of Health and Human 
                Services, the Chair of the Equal Employment Opportunity 
                Commission, and other relevant Administration officials 
                to vigorously protect our citizens and legal immigrants 
                from immigration-related instances of discrimination 
                and harassment. All illegal immigration enforcement 
                measures shall be taken with due regard for the basic 
                human rights of individuals and in accordance with our 
                obligations under applicable international agreements.

                ASSISTANCE TO STATES

                States today face significant costs for services 
                provided to illegal immigrants as a result of failed 
                policies of the past. Deterring illegal immigration is 
                the best long-term solution to protect States from 
                growing costs for illegal immigration. This is the 
                first Administration to address this primary 
                responsibility squarely. We are targeting most of our 
                Federal dollars to those initiatives that address the 
                root causes that lead to increased burdens on States.

                The Federal Government provides States with billions of 
                dollars to provide for health care, education, and 
                other services and benefits for immigrants. This 
                Administration is proposing increases for immigration 
                and immigration-related spending of 25 percent in 1996 
                compared to 1993 levels. In addition, this 
                Administration is the first to obtain funding from the 
                Congress to reimburse States for a share of the costs 
                of incarcerated illegal aliens.

                This Administration will continue to work with States 
                to obtain more Federal help for certain State costs and 
                will oppose inappropriate cost-shifting to the States.

                INTERNATIONAL COOPERATION

                This Administration will continue to emphasize 
                international cooperative efforts to address illegal 
                immigration.

                Pursuant to a Presidential Review Directive (PRD), the 
                Department of State is now coordinating a study on 
                United States policy toward international 
                [[Page 7889]] refugee and migration affairs. I hereby 
                direct that, as part of that PRD process, this report 
                to the National Security Council include the 
                relationship of economic development and migration in 
                the Western Hemisphere and, in particular, provide 
                recommendations for further foreign economic policy 
                measures to address causes of illegal immigration.

                The Department of State shall coordinate an interagency 
                effort to consider expanded arrangements with foreign 
                governments for return of criminal and deportable 
                aliens.

                The Department of State also shall seek to negotiate 
                readmission agreements for persons who could have 
                sought asylum in the last country from which they 
                arrived. Such agreements will take due regard of U.S. 
                obligations under the Protocol Relating to the Status 
                of Refugees.

                The Department of State further shall implement 
                cooperative efforts with other nations receiving 
                smuggled aliens or those used as transhipment points by 
                smugglers. In particular, we will look to countries in 
                our hemisphere to join us by denying their territory as 
                bases for smuggling operations.

                The Department of State shall initiate negotiations 
                with foreign countries to secure authority for the 
                United States Coast Guard to board source country 
                vessels suspected of transporting smuggled aliens.

                This directive shall be published in the Federal 
                Register.

                    (Presidential Sig.)<Clinton1>><Clinton2>

                THE WHITE HOUSE,

                    Washington, February 7, 1995.

[FR Doc. 95-3554
Filed 2-8-95; 2:36 pm]
Billing code 3195-01-P'