Presidential Documents

7885

Federal Register

Vol. 60, No. 28

Friday, February 10, 1995

Title 3—

The President

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
7886 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Presidential Documents

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.
Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Presidential Documents 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
7888 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Presidential Documents

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

œ–

Federal Register.

THE WHITE HOUSE,

Washington, February 7, 1995. [FR Doc. 95–3554

Filed 2-8-95; 2:36 pm]

Billing code 3195–01–P′