[Weekly Compilation of Presidential Documents Volume 31, Number 6 (Monday, February 13, 1995)]
[Pages 200-204]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Illegal Immigration

February 7, 1995

Memorandum for the Heads of Executive Departments and Agencies

Subject: Deterring Illegal Immigration

    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 immigration.
    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

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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 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

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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.
    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

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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 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

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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 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.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 2:36 p.m., February 8, 
1995]

Note: This memorandum was published in the Federal Register on February 
10.