Speech #970225473

President. I oppose the amendment. The purpose of S. 2222 is to improve control over illegal immigration. and increased enforcement is the key element of that. This amendment would defeat that purpose by greatly diminishing the ability of the INS to enforce immigration laws in the very occupations and industries which are dominated by an illegal labor force. The current law provides for the arrest without warrant of aliens who. in the officers presence or view. are reasonably believed to be in violation of the immigration laws. This amendment would reverse a tremendous reservoir of case law holding that the protections of the fourth amendmentpertaining to unreasonable searches and seizuresextend to people not places and that special protection according to people is not extended to open fields. That represents a considerable body of case law which has never been overturned. This amendment would extend fourth amendment protections beyond what the U.S. Supreme Court has determined the Constitution requires. This amendment would very effectively end all Immigration and Naturalization Service farm and ranch check enforcement programs. The INS estimates that 4 to 6 hours would be needed to process a routine warrant. including travel between the site and the U.S. Attorneys office. clerical requirements to complete the warrant and the supporting documents. and approval by the magistrate.