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Mr. Todd. The standard answer that I get from these employers is that the persons that they hire locally will not work as hard as the aliens. (Response from crowd assembled.)
I don't know the answer to that. How would I know the answer to that?
Mr. HOGAN. You don't know the answer to that, but I think a reasonable and prudent man would assume that the reason for hiring them, is so he could pay them less-than-minimum wage and work them overtime without paying them overtime, which is a per se violation of the wage-hour law. So I don't see how you can say it would be an insignificant number of your cases.
Mr. Todd. Let me take the answers of the case where we found 77 on our last check. They were being paid what appears to be their proper going wage
Mr. Hogan. Were these agricultural workers?
Mr. TODD. I would say this is an agricultural-
Mr. Hogan. Of those that you arrested, 37 percent were not agricultural, they were industrial. Of those employed, 37 percent were employed by industry and only 28 percent by agriculture.
Mr. TODD. That's true.
Mr. Hogan. I don't see how you could say this would be an insignificant number.
Mr. Todd. The only reason I can say that is that we have developed no particular evidence that they're being paid less than the going wage.
Mr. HOGAN. I have no further questions.
Mr. McKEVITT. Mr. Chairman. Mr. Todd, how many illegal aliens do you estimate are in the three-State area right now?
Mr. Todd nods negatively.)
Mr. McKEVITT: Just a rough guesstimate.
Mr. Todo. No, sir; I have no way of knowing. I haven't the vaguest notion. If I knew how many there were, I would have a census, I suppose; I would know where they are, and I'd know where I could get them real easy. I haven't the vaguest notion. I've heard all kinds of reports, but I don't have any evidence on which to base that. Mr. McKevitt. From your previous testimony, you said you
could have caught 9,000 last year if you had had the manpower and money. Those are ones you know about, I take it; right?
Mr. Todd. Just based on the intelligence we received, the reports and complaints, and the information that we received. That's just
Mr. McKevitt. I take it it's well in excess of 9,000 that you have in the way of illegal aliens?
Mr. Todd. I have no idea. These people are coming and going, moving all the time; some of them leave this area, they go to another area, and so forth, and there's such a turnover and such a movement, we don't know. We have no way of knowing.
Mr. McKEVITT. There is a Federal law
Mr. FLOWERS. Well, just a minute there. Do they speak English?
Mr. Todd. Very, very few of them speak English.
Mr. FLOWERS. A few words, but not-
Mr. Todd. Most of them don't even speak a few words.
Mr. FLOWERS. Wouldn't that put the prospective employer on some sort of notice?
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Hispanics to be “The greater number of these Americans either came to this country voluntarily or are the descendants of those who did.” Correct knowledge of Hispanic history is quite different. I would not say that the greater number of Hispanics living in the Southwest (Arizona, California, New Mexico, Utah, Nevada and parts of Colorado) just recently moved to this country. Were not these states part of Mexico until 1848, when Mexico and the United States agreed to the Treaty of Guadalupe Hidalgo? Then could we not say, also as the Native Indians, that these Hispanics came under European Imperialism ?
Making the kind of comparison that Spanish-Surnamed Americans shouldn't benefit from such preferential admission programs since they have not been subjected to the same type of institutional and social discrimination as the blacks and native Americans have is totally erroneous. I say this because Hispanics especially in the southwestern United States and California, have been the victims of same, if not more mistreatment than other groups. Across the board in all areas of society they, as have Blacks, and Native Americans, have been the victims of a racial privilege system that has systematically excluded them from equal participation in society and an equal chance at those opportunities and life chances in terms of making money, getting an education or having power.
Overwhelmingly, the statistics bear out the consequences of such mistreatment, and their conditions indicate their relegation to second class citizens because of such prejudice and discrimination.
The racial privilege system that has disfavored Black minorities and Native Indians in this country is the same that has affected Hispanic Americans. Not to understand that, as Judge Renfrew obviously does not, reflects total lack of understanding of the racial character of this country, and its impact upon one of the largest disadvantaged minority populations in the nation.
We do not want a person in such a powerful and influential position as Deputy Attorney General that fails to recognize the effect of prejudice and discrimination against our people.
This nomination along with recent Department of Justice actions regarding police brutality, and continued immigration violations, seems to indicate to us
lack of sensitivity to the Hispanic community by the President's Administration.
Our organization met with Attorney General Civiletti prior to the confirmation of his nomination by the Senate. He had agreed, that upon his confirmation, he would act on the following:
(1) Establishment of a Hispanic Advisory Committee to the U.S. Department of Justice.
(2) Establishment of guidelines for the investigation of undocumented aliens.
(3) To respond in a more timely fashion, when allegations of civil rights violations take place.
(4) Increase the number of Hispanics employed throughout the Justice Department.
(5) Look into funding pattern within LEAA. We have not yet received effective feedback from his actions. Although Mr. Civiletti stated on November 26, 1979 that investigations of employment in residences will be discontinued as a unusual enforcement technique except for unusual circumstances, we are concerned that the easiness in circumventing this mandate, through loopholes, will not ameliorate the investigative procedures that have been used thus far.
As you can see, our community is troubled about the past behavior of Mr. Carter's Administration. Our opposition of the nomination of Judge Renfrew is quite simply the fear of having a Deputy Attorney General that will perpetuate the negligent activities of the Department of Justice towards Hispanics.
Our criteria for the confirmation by the Senate of a Deputy Attorney General are the following:
A principal duty of the Deputy Attorney General's is the selection of federal judges. We want a commitment to expand the search for qualified Hispanic candidates, and when identified, they should receive serious consideration for vacancies for judicial appointments. More efforts must be made to hire more Hispanics in key policy making and administrative positions, in other principal positions such as local U.S. Attorney and in positions in agencies such as LEAA where Hispanics are extremely underrepresented. Hispanics represent 3.5 percent of the Federal workforce in comparison to the 8 percent population figure.