Current U.S. Immigration Legislation: Analysis and Comment*
| Published date | 01 July 1972 |
| DOI | http://doi.org/10.1111/j.1468-2435.1972.tb00890.x |
| Author | Michael G. Wenk,Donald G. Hohl |
| Date | 01 July 1972 |
Current
US.
Immigration Legislation:
Analysis and
Comment*
BY
DONALD
G.
HOHL
AND MICHAEL
G.
WENK
In the special edition on
US.
Immigration: Policies, Procedures and Problems
of the
International Migration Review
(vol.
IV,
Summer,
1970),
it was stated that immigration
issues, for political, social and economic reasons, demand more effective leadership and
more decisive action.
Thus, we begin
a
regular analysis of the legislative proposals on the immigration issues
currently before Congress, fulfilling at least in part what we have suggested. We hope
that our views will serve
to
stimulate new debate and establish an additional repository
of
knowledge which will develop better public understanding of today’s immigration
issues, and permit a more effective and timely response to problems on ‘the oldest theme
in our nation’s history.’
H.
R.
2328:
The Administration Bill
H.
R.
2328
was introduced in the
U.
S.
House
of
Representatives on January
26,
1971
by
Mr. Mc Culloch, for himself, Mr. McClory, Mr. Sandman, Mr. Railsback, Mr. Wiggins,
Mr. Dennis, Mr. Fish and Mr. Mayne. It is also referred
to
as the administration bill since
it is believed to represent the views of the current administration on this nation’s immi-
gration policy.
The bill re-apportions the quota provisions of the current law within the several prefer-
ence classes
so
as to make additional visa numbers available to the third, sixth and seventh
preference. Minor changes are made in two preference classes by granting second prefer-
ence classification to the parents of adult permanent residents and by limiting the eligibility
for
the fifth preference in the future to unmarried brothers and sisters of
U.
S.
citizens;
married brothers and sisters who have already qualified for a visa and are on the waiting
list, would retain their fifth preference.
The bill also urges some changes for Western Hemisphere immigration. Suggesting that
the Western Hemisphere demand for immigrant visas far exceeds the supply,[l]
H.
R.
2328
would remove Canada and Mexico from the general Western Hemisphere quota
and give each a separate numerical immigration ceiling of
35,000
annually to ease the
situation. It is generally considered that both Canada and Mexico, being our closest
neighbors, deserve special consideration, and thus would be allocated more numbers but
without a preference system.
*
Reprint from
Internufiord
Migration
Review,
Vol.
5,
Fall
71,
Center for Migration Studies.
91
For the remainder of the Western Hemisphere, the administration bill would reduce the
120,000
present annual ceiling to
80,000
and create a preference system identical to that
of the Eastern Hemisphere.[2] It is suggested that basically such an approach creates
uniformity for the entire process.
In addition,
H.
R.
2328
proposes
a
number
of
other changes such as raising the limita-
tion on immigration from areas of the world which are not independent countries, re-
instating the privilege of obtaining permanent residence while in the United States for
natives of the Western Hemisphere and extending the same privilege to immediate
relatives from contiguous territories and adjacent islands. The bill makes further changes
in the deportation provisions of the current Act including a limited statute of limitations
on deportation, and revises some of the sections dealing with nationality to bring the
present law in closer conformity with recent court decisions.
1.
Application of a uniform preference system to both hemispheres but with separate
numerical ceilings
(170,000
Eastern,
80,000
Western) plus
35,000
each (and no preference
system) for Canada and Mexico
-
with 20,000 maximum for
all
other countries is recom-
mended.
2.
Permission for religious workers (as well as ministers) to enter as special immigrants is
granted.
3.
Revision of the preference system is as follows:
First preference:
cut from
20%
to
10%.
Secondpreference:
adds parents or permanent resident aliens over
21.
Thirdpreference:
increased to
15
%
(from
10%)
plus fall down
of
numbers unused in the
first and second preferences.
Fourth preference:
no change.
Fifth preference:
cut to
20%
(from 24%) and limited to unmarried brothers and sisters.
Sixth preference:
raised to
15%
(from 10%)
plus
fall down.
Seventh preference:
refugees increased to 10
%
(from 6
%)
for both hemispheres.
4. A visa waiver provision
(H.
R.
14596) for 90-day tourists is incorporated.
5.
The Attorney General's discretion to waive grounds of inadmissability for close
relatives of
U.S.
citizens is expanded with other aliens also eligible for waiver if offenses
were committed more than ten years previously.
6. Western Hemisphere aliens, except natives of Canada and Mexico, are permitted to
adjust status in the United States.
7.
Employers who knowingly employ aliens ineligible to work or fail to inquire as to the
alien's eligibility are subject
to
criminal penalties as are non-immigrants who take gainful
employment without permission.
8.
Naturalization procedures are up-dated and liberalized.
9. The loss-of-nationality provisions of the present law for voting in foreign elections,
desertion, and departure to avoid military service are repealed since they have been ruled
unconstitutional by the Supreme Court.
10.
Cuban refugees who adjust status are excepted from the Western Hemisphere nu-
merical ceiling.
1
I.
Temporary workers
in
the Virgin Islands are made eligible for permanent residence.
A summary
of
the highlights of the administration bill is as follows:[3]
92
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