Speech #920282869

Chairman. Members of the Committee. I propose an amendment to this bill in order to aid the Department of Justice in stemming the illegal alien problem and in fulfilling the objectives stated on page 5 of the committee report. If the Members would turn to page 5 of the report of this bill. they will notice language in which the committee points out the lack of cooperation in the Federal departments. I would read to the House a portion of that statement: The lack of cooperation by the various agencies and departments of government in combating the illegal alien problem demonstrates the need for remedial legislation of this nature. For example. the relative ease with which social security cards can be obtained by illegal aliens and the common misconception that such cards constitute authorization to work. has enabled such aliens to obtain employment without difficulty. On the other hand. if an illegal alien is unable to locate employment. he may become eligible for public assistance in all States under regulations recently proposed by the Department of Health. Education and Welfare. These regulations which will prohibit a State from denying public assistance to a noncitizenincluding illegal aliens. may further aggravate the illegal alien problem in the absence of this legislation. Mr. Chairman. my amendment would be a first step in remedying the lack of cooperation in controlling the inflow of illegal aliens. a fact which the committee admits and states clearly on page 5. Mr. Chairman. this problem comes about partially because of a recent ruling that HEW has issued relative to a decision of the Supreme Court. HEW read into that Supreme Court decision of Graham against Richardson this new regulation which really does not make any horse sense. The HEW rule would require the States to pay welfare benefits to illegal aliens. Welfare officials in Texas tell me such a requirement would probably cost my State $25 million to $27 million per year. I am sure there are many other States which would have similar or comparable costs. I do not understand how HEW could say that this case. Graham against Richardson. requires welfare to be given to illegal aliens. The basis of the Graham decision is that the word "person" in the 14th amendment encompasses lawfully admitted aliens. Justice Blackmun. who wrote the Graham opinion. said in part 2 of the opinion that he did not say that the 14th amendment extended to illegal aliens. In fact. a threejudge court in Texas actually. in Perez against Hackney. ruled that Texas had to assist lawful aliens. but said nothing about illegal aliens. This decision followed the Graham case. Mr.