Rohrabacher Bill Would Let Agencies Pass Data to INS

Already taking heat for his attacks on illegal immigrants, Rep. Dana Rohrabacher (R-Huntington Beach), on Thursday introduced legislation that would allow social service agencies that dispense federal money to hand over information on their clients to federal immigration officials.

“I think that any illegal immigrant who tries to get involved in a government program should know that he or she risks getting deported,” Rohrabacher said. “It’s time to put the genie back in the bottle.”

The largest federal program most likely to be affected would be Aid to Families with Dependent Children, which provides billions of dollars in aid, largely but not exclusively to single mothers and their sons and daughters.

Prospects for passage of the bill appear dim. The legislation will certainly be referred to several House committees whose Democratic chairmen have long opposed crackdowns on federal aid to illegal immigrants.

The Rohrabacher proposal comes just a day after his opponent in the June 2 Republican congressional primary, Costa Mesa City Councilman Peter F. Buffa, attacked Rohrabacher for talking tough on illegal immigration while sporting a record that is “less than zero.”

Rohrabacher, however, said the announcement of his plan at a Capitol Hill press conference was planned long before Buffa made his remarks. “This has been in the works for several weeks now, long before my opponent made any noise on the issue,” said the two-term congressman.

Rohrabacher said the legislation would not require any agencies to report suspected illegal aliens to federal authorities, but would only permit them to do so.

In recent weeks, Rohrabacher shot off a telegram to President Bush demanding that illegal immigrants arrested in the Los Angeles riots be turned over to the Immigration and Naturalization Service for deportation.

And in a speech to a group opposed to illegal immigration, he called for an end to medical and welfare benefits for those who are here illegally, saying “if Pedro’s not here legally, he’s not going to get $50,000 for that heart bypass operation.”

The remark infuriated leaders of the Southern California Mexican-American community. One official of the League of United Latin American Citizens referred to Rohrabacher’s comments as “immigrant bashing at its worst.”

It is unclear what effect the Rohrabacher legislation would have, if it is ever enacted.

A spokesman for the INS, an arm of the U.S. Department of Justice, said he was unaware of any federal law that prohibits agencies receiving federal funds from giving the Justice Department information about those requesting assistance.

“There is nothing in the law that prohibits a federal agency from furnishing information on undocumented aliens,” said Duke Austin, the agency spokesman. “There have been policies under state programs that are partially or totally federally funded, where they would not furnish as a matter of policy certain information to the INS.

“The rationale (is) that this can dissuade people who may be eligible for benefits from coming forward. The classic example involves parents who are undocumented and whose children are U.S. citizens.”

Austin said INS officials had not seen Rohrabacher’s legislation, had no hand in its creation and have taken no position in favor or against it. He suggested, however, that the plan might increase the agency’s workload at a time when it is already overburdened.

Rohrabacher aides, however, cited provisions of Title 42 of the U.S. Code that restrict the use or disclosure of information on applicants for federal programs to those who are directly involved in the administration of those or other federal aid programs.

“My office has received complaints from numerous administrators that . . . they feel inhibited from calling the INS to direct them to check out a potential illegal immigrant who is applying for a federal program,” Rohrabacher said.