Speech #990275244

I do not think with these two provisions we ought to have this open field search warrant provision. Let us look at how this would work out practically. If the Immigration and Naturalization Service suspected that there were illegal aliens working in the field. they would have to go get a warrant from the United States magistrate. To do that. they would have to find out who the owner or the lessees of the field were. That would require a title search. and in States were leases are not recorded. it would be practically impossible. But even if they did get the field particularly described and the owners name put on the warrant. when the Immigration Service people show up. the illegal aliens could simply scamper across the fields to the next adjoining plot of land. which was not covered by the warrant. and then the INS would be thwarted. Finally. there are humanitarian aspects to this. The border patrol has indicated that in the Yuma. AZ. District. in the desert where it gets cold at night. there were several illegal aliens that were picked up who were lost in the desert. With the search warrant provision. they would not be able to go into the desert to find these illegal aliens and apprehend them and probably save their lives. The Committee on the Judiciary. by an overwhelming vote. struck the search warrant provision from the Rodino bill. and it is one of the few instances where the gentleman from Massachusetts and I teamed up on the same side. I think there are civil libertarian implications to this. as well as the fact that we should not be exempting agriculture effectively from employer sanctions.