1283 



ASPECTS OF EXECUTIVE BRANCH INVOLVEMENT 



In the Executive Branch the brain drain problem touches many de- 

 partments and agencies. The division between the managers or con^ 

 troUers and the users is clearly visible. The Department of Defense, 

 the National Aeronautics and Space Administration, and the Depart- 

 ment of Health, Education and Welfare probably rank among the 

 leading users of foreign scientists, engineers, and doctors, particularly 

 in their research and development activities. (And as noted above, 

 state institutions concerned with mental health depend heavily upon 

 FMGs for staffing. Other state and local government operated facili- 

 ties concerned with health care such as municipal hospitals also draw 

 upon FMGs for staff.) 



Controllers Within Executive Branch: Justice, State, HEW, 

 Labor. — The principal controlling agencies are the Departments of 

 Justice, State, HEW, and Labor. They are the primary agencies 

 charged with enforcing the immigration law. Hence, they have had to 

 live with the brain drain problem since it emerged in the early 1960's. 



The major enforcement responsibilities under the immigration law 

 and implementing procedures are assigned to the Attorney General.^^^ 

 The Attorney General discharges these responsibilities through the 

 Immigration and Naturalization Service, a bureau of the Department 

 of Justice. The second enforcement authority is the Secretary of State, 

 acting through the Department of State's Visa Office and Consuls sta- 

 tioned abroad. These officials determine the admissibility of aliens 

 seeking entry and issue visas to those found eligible. Theirs is a pre- 

 liminary determination ; the immigration officer at port of entry in the 

 United States has veto authority. The Public Health Service of the 

 Department of Health, Education, and Welfare is responsible for the 

 physical and mental examination of entering immigrants. Finally, the 

 Department of Labor, acting through its Bureau of Employment 

 Security, must certify that American workers are unable to perform 

 the tasks of those aliens entering to work, except certain relatives of 

 American citizens or of lawful resident aliens, and that their entry 

 will not adversely affect wages and working conditions in the United 

 States. Because of the doctor shortage, FMGs receive virtually blanket 

 certification. All that the Department of Labor requires of an FMG 

 seeking a preferential immigration visa is that he present an ECFMG 

 certificate or other proof of eligibility for appointment to the staff of 

 a hospital in the United States.'^^^ 



Major Role Played hy State DeipaHment. — The major burden of 

 responding to critics of the brain drain problem has fallen upon the 

 Department of State which is responsible for those subordinate agen- 

 cies and operating programs which have proved to be conduits for 

 brain drain. Loss of talent is clearly evident in programs relating to 

 the international exchange of students and scholars, and to a lesser 



'36 This section draws upon, Charles Gordon and Harrv N. Rosenfield, Immigration 

 and Procedure, (New York: Banks, 1970), v. 1, pp. 1-33-36. 



Laio 



, . Banks. 1970>. v. 1. nn. l-.^3-3R. 



w Dublin, op. cit., p. 875. 



