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Deprrtnrent

Office of the Associate Attorney Gener@

l&ashingt{rn, D,C. J0 5 30

December 7,L, tg8L

M EI',1ORANDUI,1

TC: Wiff iam French Smi.th

Attorney Gene ral
THRU I Edward C" Schmults
Deputy Attorney General
FROM: Rudolph W" Giul iani
Associate Attorney General
S LTtsJ ECT : Ineligibility of "Tenpcrary Residents" for
Unemployrnent Compensat ion

Un6er the provisions of the Ornnibus Immigration Control

Act sent to Congress, those who qualify for Iegal ternporary
resiclent status wilr be erigibre for unemployment compensation'
This is contrary to the policy statements made at the tirne
the immigration package was announced.
our options are either to send to congress a revised
section which would make temporary residents inetiqible for
unemployment compensationr or. to leave the legislation in its
current- form and consult with the White House on this matter'
The pros and cons of these options are discussed in the
attached memorandum.

INS recommends leaving the legislation as it, is and I

believe this recommendation is sound. Unlike some other
social welfare benefits, for which the temporary residents
are ineligible, unemployment conpensation is earPed on the
basis of past work, is temporary and is covered by employer
contributions. Acceptance of such benefits does not make one
a "public eharge". It is likely that an attempt to revise
t,he legislation now would raise unnecessary controveESY,
while leaving it in its present form will help to dispel some
of the criticism the legalization program has encountered.
 , ''f recomme nd tha t the legislation be left asi is and that
White House approval of this guiet policy change be sought,

APPROVED:

Da te
Wilf ian -

Attorney General

: I SAPP ROVE D :

William French Smith

At torney Gene ra I