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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-
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.
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

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