SISKIND'S IMMIGRATION BULLETIN - 02/99 (5/7) - Articles 17-28

[Gregory Siskind, Attorney at Law]

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17. NEWS BYTES

As the result of increased Congressional funding for the INS, new INS offices
are opening in Grand Island and North Platte, Nebraska.  The new offices will
be staffed by 40 agents, bringing the total agent presence in the Omaha
district to 110.  About 10 of the new agents have been designated as "quick
response" teams, meant to address the unusually high numbers of illegal
immigrants along Interstate 80.  The INS hopes that by dispersing agents
throughout the area the Service will be better able to respond to emergency
situations without long delays caused by distance.  Plans are also underway for
the construction of a 308-bed detention facility in Grand Island.

****

In contrast to the above story, and despite a record $3.95 billion budget for
1999, INS agents and supervisors say there is not enough money to investigate
immigration-related crimes.  INS officials in Washington, D.C. deny that the
Service is short of funds, but has acknowledged that in the last few weeks some
offices have experienced a short-term budget freeze.  A large part of the
problem, according to Jeff Weber, who oversees the INS budget, is the
unexpected increase in rent and telephone costs, as well as a $10 million
judgment against the Service as the result of a suit by employees, and the
accidental hiring of 30 too many agents.

****

Specific appropriations in the 1999 budget include $171 million to improve the
naturalization process; $21.8 million to establish 200 quick response teams;
$90 million for construction projects, including $36.1 million for the Border
Patrol; and full funding for 200 new adjudication positions.

****

A special investigation of the U.S. - Mexico border crossing in Nogales,
Arizona has resulted in the indictment of three current INS inspectors and one
retired agent.  The inspectors are charged with accepting bribes in exchange
for allowing the passage of cars transporting cocaine into the U.S.  Five
suspected drug smugglers have also been indicted.  According to the indictment,
the bribes given were sometimes as high as $75,000.  The four inspectors are
believed to have allowed 20 tons of cocaine into the U.S., only 2,500 pounds of
which have been seized.  Each of the inspectors faces up to 15 years in prison
for each count of bribery, and two of them face charges of importing cocaine,
for which they face an additional possible life sentence.  The Federal Bureau
of Investigation has said it will closely monitor each of the six border
crossing stations in Arizona for any further evidence of corruption and
bribery.

****

The INS and the Bureau of Prisons are negotiating a deal for the Bureau of
Prisons to take custody of criminal detainees in the south Florida area,
removing them from the less secure INS detention facilities.  Both agencies are
part of the Department of Justice, which has requested over $500 million to
build new prisons, including a detention facility for detainees who cannot be
deported.  The INS is apparently motivated by recent escapes from their Krome
detention center in Miami.  There are about 16,000 people currently in INS
custody, with 3,742 people in indefinite detention since they have home
countries which refuse to accept them.

****

The U.S. Census Bureau has opened a new office in Tucson, Arizona, but not in
the former INS headquarters, as had been planned.  The move was originally
planned as an effort to ensure more accurate counting of undocumented
immigrants, but was halted when Isabel Garcia, a member of the Border Rights
Coalition questioned the message the move would send to Hispanic immigrants. 
She was pleased with the move and with the prompt response of the Census Bureau
in moving the office.  Hopefully the swift change in the location will offset
any initial negative reaction to the original plan.

****

Green cards are now being produced by each of the INS Regional Service Centers
and an INS facility in Corbin, Kentucky with the exception of the Nebraska
Service Center. The NSC has a machine that is being retrofitted, but it is
expected to be up by March. The INS claims that card processing times have
already dropped dramatically from the long times seen last year. The American
Immigration Lawyers Association is still reporting several thousand cases that
are still not being processed and that attempts to get answers from the INS on
the status of the cases have not been satisfactory. The INS and AILA will be
discussing the issue in future meetings. 

****

Problems are cropping up with processing of nurse adjustment cases. INS Service
Centers are sending out Requests for Evidence asking for documents like CGFNS
certification and TOEFL test results. This documentation is required under the
new INS nurse immigration regulations. The difficulty is in meeting the 90 day
limit imposed by the Request for Evidence. Obtaining this documentation within
90 days may be impossible since the regulations just became effective in
December and receiving the documents quickly is difficult and it may not be
possible to receive exam results quickly since the tests are only offered
periodically. The INS recognizes this problem but INS regulations only allow
for 90 days for evidence requests. The INS will advise the American Immigration
Lawyers Association soon on how they intend to address this problem.

****

AILA is reporting that the Texas Service Center has returned a number of
applications for the new higher filing fees even though immigration lawyers can
prove the US Post Office attempted to deliver the packages. Apparently, the INS
boxes were closed on Saturday October 10th and the applications were returned.
The TSC responded to AILA by stating "Delivery of an application to the TSC
post office box does not constitute a filing. The filing is accomplished only
after it has been received the fee accepted by INS." This response will no
doubt draw criticism and could possibly be challenged in court since the INS
often will not issue fee receipts for several weeks after an application is
filed. 

18. CONTINUING EFFECTS OF HURRICANE MITCH ON U.S. IMMIGRATION

Honduran immigration director Reina Ochoa says about 300 Hondurans are leaving
the country each day, most headed for the U.S.  The U.S. consulate in
Tegucigalpa, Honduras says requests for visas have risen 40% from this time
last year.

Many people are coming under the mistaken belief the U.S. is allowing them to
work here.  They have misunderstood the grant of Temporary Protected Status
granted to Nicaraguans and Hondurans only applies to those people in the U.S.
as of December 30, 1998.  The refugees are setting out on a 1,500-mile long
journey filled with dangers including wild animals, corrupt government
officials who demand bribes, and thieves.  Once they make it to the U.S.
border, they are often subject to victimization by border "coyotes," and even
if they make it into the U.S., if they are caught they will get only detention
for their effort.

Officials at the border in the Brownsville, Texas area report a 61% increase in
the number of Hondurans apprehended after illegally crossing the border during
the last three months of 1998.  Nearly 1,500 Hondurans were detained along the
100-mile stretch of the border at Brownsville.  Officials believe these people
are seeking to go to Honduran communities in New York and Miami, since
officials in California are not reporting similar increases.

_______________________________________


19. IMMIGRATION AND THE INTERNET: AYER PUBLISHING

Ayer Company, a publisher of reprints of historic books, has set up a page on
its web site (http://206.155.164.149/ayer/) offering a very rich selection of
books on immigration to the US. Anyone with a strong interest in US immigration
history will no doubt find the site interesting. Ayer describes itself as
having "Over 15000 titles, mainly reprints of works judged by experts as being
worthy of staying in print forever, in all fields." The list of titles offered
and available for online ordering is as follows:

MIGRATION: Select Documents and Case Record
HISTORICAL ASPECTS OF THE IMMIGRATION PROBLEM
LAUGHING IN THE JUNGLE: The Autobiography of an Immigrant in America
IMMIGRANTS AND THEIR CHILDREN. 1920
SLAVIC FELLOW CITIZENS
NORWEGIAN MIGRATION TO AMERICA
HISTORY OF IMMIGRATION TO THE UNITED STATES
IMMIGRATION: Cultural Conflicts and Social Adjustments
IMMIGRATION: Its Evils and Consequences
IRISH EMIGRATION TO THE UNITED STATES
THE CECHS (BOHEMIANS) IN AMERICA
THE IMMIGRANT'S DAY IN COURT
DEPORTATION OF ALIENS FROM THE UNITED STATES TO EUROPE
MANUAL FOR EMIGRANTS TO AMERICA
CHINESE IMMIGRATION
IN THE SHADOW OF LIBERTY: The Chronicle of Ellis Island
THE RUSSIAN IMMIGRANT
THE GERMAN ELEMENT IN THE UNITED STATES
THE ITALIAN EMIGRATION OF OUR TIMES
THE SCOTCH-IRISH IN AMERICA
LEGISLATIVE HISTORY OF NATURALIZATION IN THE UNITED STATES: From the
Revolutionary War to 1861
MEXICAN IMMIGRATION TO THE UNITED STATES
IMMIGRATION AND LABOR: The Economic Aspects 
JAPANESE IN THE UNITED STATES
JEWISH IMMIGRATION TO THE UNITED STATES FROM 1881 TO 1910
IMMIGRATION AND THE COMMISSIONERS OF EMIGRATION OF THE STATE OF NEW YORK
FILIPINO IMMIGRATION
THE IRISH IN AMERICA
IRISH IMMIGRATION IN THE UNITED STATES: IMMIGRANT INTERVIEWS
THE SOUL OF AN IMMIGRANT
OLD WORLD TRAITS TRANSPLANTED
THE NEGRO IMMIGRANT
ON THE TRAIL OF THE IMMIGRANT 
THE RELIGIOUS ASPECTS OF SWEDISH IMMIGRATION
I AM A WOMAN-AND A JEW 
TWO PORTUGUESE COMMUNITIES IN NEW ENGLAND
THE ITALIANS OF NEW YORK
THE MEXICAN IN THE UNITED STATES
WHOS WHO IN POLISH AMERICA
A PSYCHOLOGICAL STUDY OF IMMIGRANT CHILDREN AT ELLIS ISLAND
GREEKS IN AMERICA
ETHNIC FACTORS IN THE POPULATION OF BOSTON
THE GERMAN-AMERICANS IN POLITICS, 1914-1917
IMMIGRANT GIFTS TO AMERICAN LIFE
INTERNATIONAL MIGRATIONS
THE POLES IN AMERICA
THE PASSING OF THE GREAT RACE; OR THE RACIAL BASIS OF EUROPEAN HISTORY
UKRAINIANS IN THE UNITED STATES
THE MINGLING OF THE CANADIAN AND AMERICAN PEOPLES
THE TRAGEDY OF GERMAN-AMERICA
HE OLD AMERICANS: A Physiological Profile
THE BACKGROUND OF SWEDISH IMMIGRATION, 1840-1930
CULTURE AND DEMOCRACY IN THE UNITED STATES; STUDIES IN THE GROUP PSYCHOLOGY OF
THE AMERICAN PEOPLES
INTELLIGENCE AND IMMIGRATION
THE STORY OF A BOHEMIAN-AMERICAN VILLAGE; A STUDY OF SOCIAL PERSISTENCE AND
CHANGE
THE IMMIGRANT WOMAN AND HER JOB
THE SCHOOL AND THE IMMIGRANT
NORWEGIAN SETTLEMENT IN THE UNITED STATES
ANTHRACITE COAL COMMUNITIES
THE NEW IMMIGRATION; SOUTHEASTERN EUROPEANS IN AMERICA 
CHINESE IMMIGRATION IN ITS SOCIAL AND ECONOMICAL ASPECTS
AMERICANS IN PROCESS: A Study of Our Citizens of Oriental Ancestry
AMERICANS IN THE MAKING; THE NATURAL HISTORY OF THE ASSIMILATION OF IMMIGRANTS
THE SECOND-GENERATION JAPANESE PROBLEM
MEXICAN LABOR IN THE UNITED STATES
REPORTS OF THE INDUSTRIAL COMMISSION ON IMMIGRATION 
AN ETHNIC SURVEY OF WOONSOCKET, RHODE ISLAND
THE A.P.A. MOVEMENT. A Sketch
THE MEXICAN IMMIGRANT: His Life Story

_______________________________________


20.VISA SPOTLIGHT: INS ISSUES REGULATIONS IMPLEMENTING THE UNITED NATIONS
CONVENTION AGAINST TORTURE

The United Nations Convention Against Torture, Article 3, prohibits subscribing
nations from, expelling, returning or extraditing individuals to a country in
which they would be subject to torture.  The Convention has been in existence
since 1984, and has been effective in the U.S. since late 1994.  Not until last
October, however, did Congress require regulations be passed for implementation
of the Convention.  Until that time, the INS had been using its discretionary
authority to ensure that persons subject to torture were not removed.

Because the Torture Convention is in many ways similar to the Refugee
Convention, the procedures for application are similar.  There are, however,
some important differences.  First, certain persons who are ineligible for
protection as refugees (for example, certain violent criminals, participants in
Nazism or other forms of genocide) are protected under the Torture Convention. 
Second, the Torture Convention covers all people who may be subject to torture,
whatever the basis, unlike the Refugee Convention, which only covers those
persecuted on the basis of race, religion, nationality or political opinion. 
Third, the Torture Convention in narrower than the Refugee Convention in that
it protects only against torture, not all threats to life or freedom.

The interim rule issued February 19, 1999 will become effective of March 22,
1999, and written comments will be accepted until April 20, 1999.  Under the
interim rule, protection under the Convention would be divided into two
classes, those who are eligible for withholding of deportation under INA
section 241(b)(3)(B), and those who are not.  Those who are not eligible for
withholding will be granted only deferral of removal, which may be revoked at
any time when evidence is presented that the threat of torture no longer
exists.  For those who are eligible for withholding of deportation, a new form
of withholding will be created.

The Convention provides protection "where there are substantial grounds for
believing that [the person] would be in danger of being subject to torture." 
The regulations interpret this as placing on the person seeking protection the
burden of establishing that it is more likely than not that the person will be
tortured.  This is the same standard required for withholding under section
241(b)(3).  In making the determination of whether torture is more likely than
not, the decision-maker is to consider all relevant evidence, including whether
the person may be relocated to an area of the country of removal in which they
will not be subject to torture, and whether there exists a pattern of gross
human right violations in that country.  In situations in which the Secretary
of State has forwarded to the Attorney General diplomatic assurances that the
person will not be tortured, special procedures will be used; these cases are
expected to be rare.

Deferral of removal, the protection granted to those otherwise subject to
removal under INA section 241(b)(3)(B), does not grant any lawful or permanent
resident status, and may be terminated at any time.  Furthermore, a deferral of
removal does not remove the INS's authority to detain anyone who is otherwise
subject to detention.  The procedures for termination of the deferral are as
follows.  The local INS District Counsel may move for a hearing, which will be
granted on an expedited basis if the INS establishes that they will present
evidence that was not considered at any earlier hearing that is relevant to
possibility of torture.  The new determination will be made de novo.

The Convention Against Torture defines torture as "any act by which severe pain
or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or her or a third person
information or a confession, punishing him or her for an act he or she or a
third person has committed or is suspected of having committed, or intimidating
or coercing him or her or a third person, or for ant reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity."  As adopted by the U.S. Senate,
torture does not include pain or suffering arising as a result of lawfully
inflicted punishment, including the death penalty.

Under current procedures, asylum officers interview persons who express fear of
persecution during an expedited removal process.  Under the new regulations,
these people will also be interviewed to determine whether they have a credible
fear of torture that would qualify them for protection under the Convention.

People who are in INS proceedings on or after March 22, 1999 (the date these
regulations become effective) may fully avail themselves of these regulations. 
Persons who were ordered removed before that date may reopen their cases to
raise a claim under the Convention. Requests for protection under the
Convention pending with the INS on March 22 will be adjudicated under these
regulations.  Requests that were decided before that date will be treated in
two ways: requests that were granted will be treated as a grant of withholding
unless the person is subject to mandatory denial of withholding, in which case
the grant will be treated as a deferral of withholding.  Requests that were
denied will be treated as a denial under the new regulations.

_______________________________________


21. INS RELEASES LEGAL IMMIGRATION NUMBERS FOR 1997

On January 22, 1999 the INS announced that 798,378 people legally immigrated to
the U.S. during fiscal year 1997.  This marks a thirteen percent decrease in
the number of legal immigration in 1996, 915, 900, but the INS feels the number
would have been higher by about 400,000 were it not for the large volume of
pending adjustment of status applications still not adjudicated.  

Immigrants who are immediate family members of U.S. citizens accounted for
322,440, or forty percent of all legal immigration, followed by family
preference immigrants with 213, 331, refugees and asylees, with 112,158. 
Employment based immigrants were the smallest group, comprising only 90,607 of
the total.  380,718 of the immigrants obtained their immigrant visas abroad
while 417,660 adjusted status in the U.S.

Mexico led all countries for the most legal immigrants to the U.S., with about
143,000.  Thirty-three percent of legal immigrants came from Asia, and fifteen
percent from Europe.  As has been the case for the past 28 years, the states
most immigrants say they intend to live are California, Florida, Texas, New
York, New Jersey and Illinois.

_______________________________________


22. CANADIAN ON TEXAS DEATH ROW LOSES SUPREME COURT APPEAL

Last December we reported that the U.S. Supreme Court had granted a stay of
execution for Canadian national Joseph Stanley Faulder.  The Court has now
dismissed his case without comment, leaving the state of Texas free to
reschedule his execution for any time.

Faulder was sentenced to death for a murder in 1975.  Under the Vienna
Convention, which has been incorporated into US law, citizens of foreign
nations have a right to assistance from their consular officials.  Faulder was
not informed of this right.  His lawyers say that if he had had access to this
assistance, he would probably not have been sentenced to death.

The case has created a furor in Canada, where the death penalty was abolished
in 1976.  Canadian government officials call the dismissal of Faulder's claims
under the Vienna Convention a violation of "minimum international standards of
justice."
_______________________________________


23. CALIFORNIA GOVERNOR GRAY DAVIS VISITS MEXICO

During the first week of February, newly elected California governor Gray Davis
made a two-day visit to Mexico.  Even though Governor Davis has not announced
any significant changes in California's policies toward immigrants or relations
with Mexico, his visit was still received with great enthusiasm by both the
Mexican people and government because of the difference between his attitude
toward Mexico and that of former Governor Pete Wilson.  Analysts say that the
warm reception indicates Mexico's desire to improve relationships with
California.

The visit is the first in a number of meetings between Mexican and Californian
officials, including a visit from Mexican President Ernesto Zedillo later this
spring.  This will be the first time the president of Mexico has visited the
state since 1993.  Leaders of both countries hope the meetings will extend to
growing commercial relations between the two.  Mexico is already California's
number two trading partner.

This does not of course, mean no differences exist between California and
Mexico.  There are significant differences of opinion on issues such as illegal
immigration, capital punishment, and bilingual education.  However, there are
significant changes. As noted by California Lt. Gov. Cruz Bustamonte, one of
the most fundamental being that where "the previous administration looked south
and saw only problems, we look south and see opportunities."  This appears to
be the attitude of most Californians, according to a recent poll by the Public
Policy Institute of California. Those polled felt immigration from Mexico,
legal or illegal, was more of a benefit to the state than a burden.

In an ironic closing note, the Mexico City newspaper Universal reports that
Davis failed to have his passport stamped or to turn in his migration slip,
rendering him an illegal immigrant.
_______________________________________

24. DETAINEE'S DEATH RAISES QUESTIONS ABOUT CONDITIONS IN DETENTION FACILITIES

The January death of a Dominican national in the INS' Varick Street detention
facility in New York City has prompted immigrant advocates to question the
conditions of such facilities.  Miguel Valoy-Nunoz died of pneumonia and a
viral infection, tests released by the federal government reveal.  Valoy-Nunoz,
an otherwise healthy 40 year old, had complained of chest pain and coughing. 
Nurses at the facility treated him as if he only had a cold, and a doctor was
never called in to evaluate him.  He died two days after alerting officials of
his condition,

Valoy-Nunoz was awaiting deportation following a conviction for drug possession
and completion of seven month term in prison.  He had been a legal resident of
the U.S. since 1980, but following his conviction he and his wife and two
children were planning to return to the Dominican Republic.  The fact that he
was the first detainee to die at the detention facility does not make their
loss any easier.  His widow, Anna Valoy-Nunoz, believes that if her husband had
received the medical attention he requested he would not have died.

Public health officials maintain that Valoy-Nunoz' death was not the result of
neglect, but the investigation is ongoing.  INS officials attribute the death
in part to overcrowding and a lack of resources and the increased number of
detainees as a result of the mandatory detention and deportation of immigrants
convicted of criminal offenses ordered by the 1996 immigration law.  However,
this is not the first time the Varick Street facility has been criticized for
its inadequate medical services.  In 1992, the American Civil Liberties Union
released a report finding that the center failed to provide sufficient medical
care.  Judy Rabinovitz, an attorney with the ACLU, wonders "what kind of system
is there in place to avoid this sort of thing from happening again.  Does
someone have to dies for us to see some kind of reaction?"

_______________________________________


25. THOUSANDS PROTEST KILLING OF GUINEAN IMMIGRANT BY NEW YORK CITY POLICE

On February 4, 1999 New York City police officers gunned down 22 year old Ahmed
Diallo, shooting him 41 times.  The incident occurred in the vestibule of
Diallo's apartment building.  On February 9th, thousands of protesters joined
civil rights leaders in calling for a federal government investigation of the
New York City Police Department's treatment of blacks and Hispanics.

Little is known about the details of the incident, but it is known that the
four officers who opened fire on Diallo were assigned to the Street Crimes
Unit, whose job primarily consists of the seizure of illegal guns.  A lawyer
who represents the officers said they believed Diallo was armed.

While the crime rate in New York has dropped since Rudolph Giuliani became
mayor, there has been an increase in the number of complaints of racial
discrimination and violence.  Among the most shocking incidents are the 1997
beating and sexual torture of a Haitian immigrant and the choking death of a
Hispanic over a dispute about a football game being played in the street.

A memorial service will be held for Diallo in New York, and then his body will
be returned to Guinea, the country he left only two years ago, pursuing the
dream of a better life in America.

The number of immigrants coming to New York City from sub-Saharan Africa has
increased dramatically over the past few years.  From 1990 to 1996, the number
almost doubled, from 44,000 to 84,000.  Experts say that by the 2000 census,
the number will be closer to 100,000.



_______________________________________


26. NEW ROSTER OF HOUSE AND SENATE IMMIGRATION SUBCOMMITTES NAMED

The House and Senate subcommittees covering immigration issues have been named
with few surprises.

The new membership of the House of Representatives Immigration and Claims
Subcommittee is comprised of eight Republicans and five Democrats. They should
all look familiar since all served on the committee that drew up President
Clinton's impeachment articles and several of them served as House Managers in
the impeachment trial. The new Committee members are the following:

Republicans:

Lamar Smith (Texas, Chair)
Mary Bono (California)
Charles Canady (Florida)*
Chris Cannon (Utah)
Elton Gallegly (California)
Robert Goodlatte (Virginia)*
Bill McCollum (Florida)*
Edward Pease (Indiana)

Democrats:


Sheila Jackson Lee (Texas, ranking minority member)*
Howard Berman (California)
Barney Frank (Massachusetts)*
Zoe Lofgren (California)
Martin Meehan (Massachusetts)*

* denotes new members

The Senate Immigration Subcommittee has the following membership:

Republicans:

Spencer Abraham (Michigan, Chair)
Charles Grassley (Iowa)
Jon Kyl (Arizona)
Arlen Specter (Pennsylvania)

Democrats:

Edward Kennedy (Massachusetts, ranking minority member)
Diane Feinstein (California)
Charles Schumer* (New York)

Schumer is expected to replace Illinois Senator Richard Durbin, but this is not
yet final.





27. LARGE NUMBERS OF CUBANS AND HAITAINS ARRIVING IN FLORIDA

According to the Florida Border Patrol, the past four months have seen people
arriving from Cuba and Haiti in numbers much larger than seen in several
years.  In that time period, over 1,000 people have been detained.  Many years
do not see that many detentions.  Michael Nicley, deputy chief of the U.S.
Border Patrol calls the increase "substantial," but says that "in no way, shape
or form are the Border Patrol services overwhelmed at the point."  

Dan Geohegan, assistant chief of the U. S. Border Patrol in Florida suspects
one of the reasons for the increase is that the governments of Cuba and Haiti
are not seriously trying to prevent people from leaving.  Cuban diplomat Luis
Fernandez says the Cuban government is abiding by their agreement with the U.S.
to try to stop migrants, but they are lured there nonetheless by smugglers
based in the U.S. and by the fact that if they can make it to U.S. soil they
can remain.

The Coast Guard reports picking up twice as many Haitians at sea as Cubans,
while the Border Patrol reports twice as many Cubans as Haitians actually
landing.  This is in part because once Cubans arrive in the U.S., they are met
with a favorable asylum policy, so they tend to turn themselves in.  Haitians
who are caught at sea are returned to Haiti, and those who are caught in the
U.S. are subject to medical testing and detention.  

_______________________________________


28. POLL SHEDS LIGHT ON CALIFORNIANS' FEELINGS ON MEXICAN IMMIGRATION

Five years after California voters passed Proposition 187, an initiative that
included many provisions that restrict rights for immigrants, feelings about
immigration in the Golden State appear to be changing.  While there is some
significant variation in responses from different ethnic groups on some issues,
there are a few core issues on which there appears to be general agreement.

When asked whether Mexican immigrants are a benefit to the state, a slim
majority of people responded positively.  Latinos were the most likely to see
Mexican immigration as a benefit (70%), followed by African Americans (55%),
Asians (52%) and non-Hispanic whites (42%).  By voting characteristic, the
breakdown was Republicans (35%), Democrats (57%) and independent voters (55%).

When asked whether illegal immigration from Mexico to California has been a big
problem since 1994, only 44% say yes.  Forty percent see it as somewhat of a
problem, and 14% don't see it as a problem at all.  

Few people of any ethnic background feel the governments border control policy
has made any significant difference in preventing illegal immigration, with
only 13% saying the efforts have made a big difference, and 51% saying it's
made some difference.  Thirty-five percent of people responding felt it made no
difference.

Most people also agree on the need to educate illegal immigrant children.  Only
about one in five people felt there was no need to educate these children, a
rate of response that was the same across ethnic boundaries.