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APPENDIX

Public Hearings &

Expert Consultations

December 3, 1992 Swearing-In Ceremony; First Meeting of the Commission (Washington, DC)

January 5, 1993 Consultation: The Commission's Mandate and Workplan (Washington, DC)

February 26, 1993 Consultation: Home and Family Care (Washington, DC)

April 27, 1993 Public Hearing: Immigration and the Economy (Washington, DC)

September 30, 1993 Roundtable: Worksite Enforcement

(Washington, DC)

October 1, 1993 Public Hearing: Immigration and

Community Relations (Washington, DC)

December 13, 1993 Roundtable: Impact of Immigration on

San Diego (San Diego, CA)

December 13, 1993 Public Hearing: Impact of Immigration on Los Angeles Metropolitan Area

(Los Angeles, CA)

December 14, 1993 Roundtable: Local Impacts of Immigration (Los Angeles, CA)

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February 10, 1994 Roundtable: Immigration Emergencies (Miami, FL)

February 11, 1994 Public Hearing: Impact of Immigration on South Florida (Miami, FL)

March 14, 1994 Roundtable: Immigrant Utilization of Public Benefit Programs (Washington, D.C.)

March 17, 1994 Roundtable: Border Management Strategies (El Paso, TX)

March 17, 1994 Public Hearing: Impact of Immigration on

El Paso (El Paso, TX)

May 24, 1994 Public Hearing: Impact of Immigration on Chicago (Chicago, IL)

August 1, 1994 Public Hearing: Impact of Immigration on Lowell (Lowell, MA)

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Acronyms

ACAP Alien Criminal Apprehension Program (INS)

AFDC Aid to Families with Dependent Children

AIDS Acquired Immune Deficiency Syndrome

ALJ Administrative Law Judge

A-Number Alien Number

APIS Advance Passenger Information System (INS)

ASVI Alien Status Verification Index (INS)

AUFAC Annual User Fee Advisory Committee

BCC Border Crossing Card

BIA Board of Immigration Appeals (DOJ EOIR)

BOP Bureau of Prisons (DOJ)

CAP Citizen's Advisory Panel (INS)

CAW Commission on Agriculture Workers

CBI Caribbean Basin Initiative

CIR Commission on Immigration Reform

CPS Current Population Survey (Census Bureau)

CSA Computer Security Act 1987

CSPA Chinese Student Protection Act

CSSPAB Computer System Security & Privacy Advisory Board

DCL Dedicated Commuter Lane

DEA Drug Enforcement Agency (DOJ)

DED Deferred Enforced Departure

DMV Department of Motor Vehicles

DOJ Department of Justice

DOL Department of Labor

DOT Department of Treasury

DV-1 Diversity Immigration Status

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EAD Employment Authorization Document (INS)

EB Employment Based Immigration Status

EB-1 Priority Workers

EB-2 Professionals

EB-3 Skilled Workers, Professionals with Bacca- laureate Degrees, and Unskilled Workers

EB-4 Special Immigrants

EB-5 Investors

EEOC Equal Employment Opportunity Commission

ELR Employer and Labor Relations (INS)

EOIR Executive Office for Immigration Review (DOJ)

EPA Environmental Protective Agency

ESA Employment Standards Administration (DOL)

FB Family Based Immigrant Status

FB-1 Unmarried Adult Children of U.S. Citizens

FB-2A Spouses & Minor Children of Permanent

Residents

FB-2B Unmarried Adult Children of Permanent

Residents

FB-3 Married Children of U.S. Citizens

FB-4 Siblings of U.S. Citizens

Form I-94 Arrival and departure record

FTE Full Time Equivalent

FY Fiscal Year

GAO General Accounting Office

GAP General Administrative Plan (INS)

GATT General Agreement on Tariffs and Trade

H Temporary Worker Visa Status

H-1B Specialty Occupations

H-2B Nonagricultural workers

HHS Department of Health and Human Services

HUD Department of Housing and Urban Development

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I-9 Eligibility Verification Form

IBIS Interagency Border Inspection System

(Bilateral US/Mexico)

IBWC International Boundary & Water Commission

ID Identity Document

IHP Institutional Hearing Program (DOJ EOIR & INS)

IMMACT The Immigration Act of 1990, P.L. 101-649

INA Immigration and Nationality Act

INS Immigration and Naturalization Service (DOJ)

INSPASS INS Passenger Accelerated Service System (INS)

IOM International Organization for Migration

IRCA The Immigration Reform & Control Act of 1986

IRS Internal Revenue Service (DOT)

L-1 Intracompany Transferees Immigration Status

LB Legalization Beneficiary Category of Immigrant Status for Spouses and Children

MOU Memorandum of Understanding

MRV Machine Readable Visas

MTINA Miscellaneous & Technical Immigration and

Naturalization Amendments

NAFTA North American Free Trade Agreement

NCIC National Crime Information Center (DOJ)

NLETS National Law Enforcement Telecommunications

System (DOJ)

NLRB National Labor Relations Board

NNIRR National Network for Immigration and Refugees Rights

O Nonimmigrant Visa Category for "Those with

Extraordinary Ability" in the Sciences, Arts,

Education, Business, & Athletes

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OBRA Omnibus Budget & Reconciliation Act

OCDEFT Organized Crime Drug Enforcement Task Force (DOJ)

OIA Office of Internal Audit (INS)

OIG Office of Inspector General (DOJ)

OMB Office of Management and Budget

OPR Office of Professional Responsibility (DOJ)

OSC Office of the Special Counsel for Immigration-Related Unfair Employment Practices (DOJ)

OSHA Occupational Safety and Health Administration

P Nonimmigrant Visa Category for Athletes, Artists, or Entertainers

PIN Personal Identification Number

POE Ports of Entry

PRUCOL Permanently Residing in the United States Under Color of Law

Q Nonimmigrant Visa Category for Cultural Exchange Program Participants

R Nonimmigrant Visa Category for Religious

Occupations

RICO Racketeer Influenced & Corrupt Act

SAVE Systematic Alien Verification for Entitlement (INS)

SBA Small Business Administration

SCIRP Select Commission on Immigration and Refugee Policy

SLIAG State Legislation Impact Assistance Grant

SPC Service Processing Centers (INS)

SSA Social Security Administration (HHS)

SSI Supplemental Security Income

STEP Special Targeted Enforcement Program (DOL with California)

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TIPP Targeted Industries Partnership Program (DOL)

TPS Temporary Protected Status

TVS Telephone Verification System (INS)

TWOV Transits Without Visas

UNHCR United Nations High Commissioner for Refugees

USAID United States Agency for International Development (DOS)

USDA United States Department of Agriculture

VWPP Visa Waiver Pilot Program (INS)

WIC Special Supplemental Food Program for Women,

Infants, and Children (USDA)

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Acts Referenced in Text

Anti-Drug Abuse Act of 1986, Pub. L. 99-570, 100 Stat. 3207.

Anti-Drug Abuse Act of 1988, Pub. L. 100-690, 102 Stat. 4181.

Computer Security Act of 1987, 15 U.S.C. § 272 and 40 U.S.C. § 759.

Chinese Student Protection Act of 1992, 8 U.S.C. § 1255.

Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e-2(a)(1) (1965) (amended 1982).

Cuban Refugee Adjustment Act of 1966, 8 U.S.C. § 125.

Fair Labor Standards Act of 1938, 29 U.S.C. § 201-19 (1990) (original version at ch. 676, 52 Stat. 1060 (1938).

Family and Medical Leave Act of 1993, Pub. L. 103-3, 107 Stat. 26 (codified as amended at 29 U.S.C. §2611-2654).

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

Farm Labor Contractor Registration Act of 1963, 7 U.S.C. §2041- 2053 (1983) (original version at Pub. L. 88-582, 78 Stat. 920, 7 U.S.C. § 2041-2053).

Foreign Operations, Export Financing and Related Programs Appropriations Act, Pub. L. 101-513, 104 Stat. 1979 (1991).

Housing and Community Development Act of 1980 §214, 42 U.S.C. § 1436a(c).

Immigration Act of 1990 [IMMACT], Pub. L. No. 101-649, 104 Stat. 4978 (adding or amending many sections of the INA).

Immigration and Nationality Act of 1952 [INA], Pub. L. No. 82- 414, 66 Stat. 163 (codified as amended at 8 U.S.C.§§ 1101- 1524).

Immigration Reform and Control Act of 1986 [IRCA], Pub. L. No. 99-603, 100 Stat. 3359 (partially codified in scattered sections of 8 U.S.C.).

Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (1991 Technical Corrections Act), Pub. L. No. 102-232, 105 Stat. 1733.

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Migrant and Seasonal Agricultural Workers Protection Act of 1983, 29 U.S.C. § 1801.

Military Selective Service Act, 50 U.S.C. app. § 451 (1967).

North American Free Trade Agreement [NAFTA], Pub. L. 103-182, 107 Stat. 2057 (1993).

Omnibus Budget and Reconciliation Act [OBRA] of 1986, 99-509, 100 Stat. 1874.

Omnibus Crime Control and Safe Streets Act of 1968, 42 § 3701- 3797 (1968), amended by 42 U.S.C. § 3756 (1990).

Racketeer Influenced and Corrupt Organizations Act [RICO], 18 U.S.C. § 3560(1), (2).

Refugee Act of 1980, Pub. L. 96-212, 94 Stat. 109 (amending INA §211, 8 U.S.C. §1181).

Social Security Act § 1137(b)(7), 42 U.S.C.§ 1320b-7 (as amended through 1993).

Social Security Act § 1867, 42 U.S.C. §1395dd (as amended through 1993).

Trading with the Enemy Act, 50 U.S.C. app. § 1 (1988).

Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 (1994).

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Concurring Statement of

Commissioners Warren R. Leiden and Nelson Merced

We concur with the majority of the Commission that a simpler, more fraudulent-resistant system for verifying work authorization is essential to the effective enforcement of employer sanctions, if such a system can be developed and implemented.

Despite the promising aspects for a computerized registry system of verification, the expert advice and information the Commission has received has led us to conclude that it is far from certain whether, in the real world, such a system can be made affordable, accurate, reliable, and politically acceptable with regard to civil liberties and individual privacy. Thus, our concurrence in recommending the initiation of pilot programs to test the proposed computerized verification system is solely for the purpose of examining whether such a verification system can measure up to the factors that would

warrant a subsequent determination that such a system should be publicly implemented and relied upon. In other words, the pilot programs should be initiated to provide specific information so that determinations regarding implementation can be made, not in order to begin public implementation of the promising but untested system being proposed.

It is our fear that the majority's recommendation, that the President immediately initiate pilot programs using the proposed computerized verification system, could be interpreted as calling for full

public implementation of the computerized registry with experimentation simply to "work out the bugs," which could result in a compounding of the problems that already exist in current worksite enforcement efforts, without having any impact on undocumented immigration.

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In our opinion, the pilot programs should not be the beginning of public implementation of a national computerized registry but rather should be an effort to test and evaluate this "most promising" option. Until a final analysis and evaluation has been completed, the proposed verification system should not be relied upon to deny employment to any individual, nor should it be integrated with other systems that could allow for its misuse in other circumstances. Final determinations to implement and phase in any verification system, such that employers will begin to rely on it making employment decisions, should only be made after analysis and conclusions based on a comprehensive and thorough examination of the proposed verification system.

In particular, any proposed verification system needs to be evaluated, prior to public implementation, with regard to the important factors of cost, accuracy, reliability, accessibility, and protections against discrimination and civil liberties violations (many of which are identified by the majority).

To effectively test the proposed system's feasibility, the pilot programs need to include objective measures and procedures to determine whether employer behavior under the pilot program being tested is in fact nondiscriminatory, through hiring audits and other means. Similar objective measures need to be included to determine whether there are adequate protections of civil liberties and the privacy of the information included, whether penalties for misuse are in fact likely to be enacted, enforced, and with what effect. Absent the results of comprehensive evaluation on both of these points, public implementation should be deferred.

In conclusion, because the proposed verification system will, if implemented, affect the employment activities of all U.S. citizens and others authorized to work in the United States, the importance of thorough and comprehensive evaluation of any such system, prior

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to public implementation, cannot be overemphasized. The Commission's recommendations, in which we concur, should not be interpreted as a recommendation that the proposed computer registry system should be implemented, albeit on a pilot basis, but rather that this "most promising option" deserves examination and testing so that a decision regarding implementation can be made.

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