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2 Chicano L. Rev. 40 (1975)
The Rodino Bill: An Example of Prejudice towards Mexican Immigration to the United States

handle is hein.journals/chiclat2 and id is 46 raw text is: THE RODINO BILL: AN EXAMPLE OF PREJU- DICE TOWARDS MEXICAN IMMIGRATION TO THE UNITED STATES RONALD BONAPARTE* The most significant immigration legislation in Congress since the Kennedy Immigration Act of 19651 is H.R. 981 and H.R. 982,2 popularly known as the Rodino Immigration Bills. These Bills passed the House of Representatives in 1973 and have been referred to the Senate Committee on the Judiciary.3 If this legislation subsequently becomes law, it could result in cutting in half the present legal immigration from Mexico to the United States and thereby increase illegal immigration from Mexico. How the present proposed legislation would have such an effect and what amendments would be necessary to correct thig situation are the subject of this article.4 To understand the potential effect of this legislation, the present immigration system must be examined first. I. THE PRESENT IMMIGRATION SYSTEM An alien immigrating to the United States under the terms of the Immigration and Nationality Act5 (hereinafter referred to * A.B. 1956, Pomona College; LL.B. 1959, Stanford Law School. Lecturer of Immigration Law, University of California, Los Angeles. 1. 79 Stat. 911 (1965). 2. H.R. 981 & H.R. 982, 93rd Cong., Ist Sess. (1973) (hereinafter referred to as H.R. 981 and H.R. 982). 3. The legislative history is found in H.R. REP. No. 93-108 & 93-461, 93rd Cong., lst Sess. (1973). 4. H.R. 981 and H.R. 982 present constitutional problems which will not be covered here. For example, H.R. 982 amends section 274 of the Immigration and Nationality Act (8 U.S.C. § 1324) to impose criminal penalties on employ- ers who knowingly employ aliens in the United States not lawfully admitted for permanent residence. The criminal penalties in the amendment are structured to allow for the imposition of a citation for a first violation without benefit of a hearing. This in itself is innocuous; however, a citation is a condition precedent to criminal prosecution for subsequent violations. This raises procedural due process questions as to the imposition of the citation. A related issue on employ- ment discrimination as to a particular ethnic group may also be present. Realis- tically an employer need only worry as to Mexican aliens who comprise the pre- dominant illegal element. To such an employer criminal liability under the amendment can easily be avoided by not hiring persons who appear to be Mexi- cans. This would have an obvious adverse effect on Chicanos who in most re- spects are indistinguishable from Mexican citizens. 5. 66 Stat. 168 (1952), amended by 79 Stat. 911 (1965) & 84 Stat. 116 (1970).

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