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“The Line Must Be Drawn Somewhere”: The Rise of Legal Status Restrictions in State Welfare Policy in the 1970s

Published online by Cambridge University Press:  25 September 2019

Cybelle Fox
Cybelle Fox*
Affiliation:
Department of Sociology, University of California, Berkeley
*
E-mail: [email protected]
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Abstract

In 1971, Governor Ronald Reagan signed into law a measure barring unauthorized immigrants from public assistance. The following year, New York State legislators passed a bill to do the same, although that bill was vetoed by Governor Nelson Rockefeller. This article examines these cases to better understand why states that had long provided welfare to unauthorized immigrants each sought to bar them from public assistance. Common explanations for the curtailment of immigrant social rights often center on partisan politics, popular nativism, demographic context, or issue entrepreneurs. But these studies often wrongly assume that efforts to limit immigrant social rights began in the 1990s. Therefore, they miss how such efforts first emerged in the 1970s, and how these restrictive measures were initially closely bound up in broader debates over race and welfare that followed in the wake of the War on Poverty and the civil rights movement. Where scholars often argue that immigration undermines support for welfare, I show how the turn against welfare helped to undermine immigrant social rights. I also show how differing interpretations of the scope and reach of Supreme Court decisions traditionally seen as victories for welfare and immigrant rights help explain initial variation in policy outcomes in each state.

Type
Research Article
Information
Studies in American Political Development , Volume 33 , Issue 2 , October 2019 , pp. 275 - 304
Copyright
Copyright © Cambridge University Press 2019 

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Footnotes

Acknowledgments: Special thanks to Saladin Ambar, Irene Bloemraad, Elizabeth Cohen, Susan Bibler Coutin, Alison Gash, Heather Hill, Anil Kalhan, Doug McAdam, Cristina Mora, Tianna Paschel, Karthick Ramakrishnan, Matt Salganik, Karen Tani, Debra Thompson, Dan Tichenor, Monica Varsanyi, Kim Voss, participants at the 2016 UC Immigration Conference, several anonymous reviewers, and the SAPD editors for their helpful comments on earlier drafts.

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39. U.S. Census Bureau, Statistical Abstract of the United States, 1972 (Washington, DC: U.S. Government Printing Office, 1972), 299.

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41. Ibid., 127, 153.

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53. Before the residency requirement was struck down in 1969, California required 1 year's residence for AFDC and 5 of the last 9 years’ residence for Old Age Assistance. Peter Sitkin, “Welfare Law in California,” Cal Law Trends and Developments (1970): 559–608.

54. New York had abolished its durational residency requirements shortly after WWII. Minoff, “Free to Move?” 244. In 1971, however, the state tried to re-impose them.

55. Tom Tiede, “Illegal Immigrants Thrive in U.S. Work Force,” Sarasota Journal, September 21, 1971, 8A. See also Committee on the Judiciary, Illegal Aliens, 1109–110, 1307; “Flood of Aliens Taking Jobs,” The Government Standard, July 23, 1971, 6.

56. “Illegal Alien Scab Wages Pose Threat to Labor,” The Government Standard, May 1, 1970, 10.

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58. Committee on the Judiciary, Illegal Aliens, 1352, 1109–110. On the differences between national INS officials and those in the field, see Paul L. Montgomery, “Illegal Aliens Pose Ever-Deepening Crisis,” NYT, October 17, 1971, 1.

59. Harry Bernstein, “Problem of Illegal Aliens Even Affects Western White House,” Los Angeles Times (hereafter LAT), October 7, 1971, A1. See also “Million Illegal Aliens Reported Holding Jobs in America,” The Government Standard, August 27, 1971, 3; Richter, “Uneasy Border State,” 11; Robert L. Jackson, “Knowledge of Alien Employment Denied by Mrs. Banuelos,” LAT, November 30, 1971, A2; Lee Dye, “Immigration Laws Failing, Officers Contend,” LAT, January 14, 1973, 3.

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66. Zeman, “Welfare Myths.”

67. Immediate Release to Members of the Legislature, Welfare, March 19, 1970, folder “Welfare 1970,” box GO 186, Reagan Gub. Papers.

68. California Social Welfare Board, State Social Welfare Board Position Statement, Issue: Aliens in California (Sacramento, 1973), https://hdl.handle.net/2027/uc1.c025954295.

69. “Mitchell to Head Welfare Board,” California Welfare, V(1):1 CA State Dept. of Social Welfare, folder “6P: Health and Welfare Agency,” box H48, Health and Welfare Agency, Reagan Gubernatorial Papers.

70. Robert Mitchell to Robert Martin, May 27, 1970, folder “Public Assistance Task Force—State (4),” box H30, Health and Welfare Agency, Reagan Gubernatorial Papers. See also J. W. Thompson to Joseph Sureck, May 28, 1970, folder 17, box 26, Social Welfare Board Files, R 350.013, Records of the Department of Social Welfare, California State Archives.

71. California Social Welfare Board, State Social Welfare Board Position Statement, 2, 15–16.

72. For more on this campaign in California, see Bernstein, “Problem of Illegal Aliens Even Affects Western White House.” As part of this campaign, union officials told the press that an undocumented immigrant was working in Nixon's Western White House, admitting that they felt that “this kind of disclosure might help bring the critical nature of the problem to the attention of the public.”

73. Mike Otten, “Illegal Aliens from Mexico Costing Taxpayers Millions,” Oxnard Press-Courier, October 29, 1970, 4.

74. Durwood Scott, “Illegal Aliens Reportedly Receiving County Welfare,” July 30, 1970, Van Nuys (ca) Valley News clipping, folder “Public Assistance Task Force–County (5),” box H32, Health and Welfare Agency, Reagan Gubernatorial Papers.

75. U.S. Census Bureau, Statistical Abstracts of the United States, 1972, 12, 300.

76. Scott, “Illegal Aliens Reportedly Receiving County Welfare.”

77. Otten, “Illegal Aliens from Mexico Costing Taxpayers Millions,” 4.

78. The following references in this note are all from the source: Records of the Department of Social Welfare, California State Archives: Walter L. Barkdull, to Charles Hobbs, December 3, 1970, folder 4, box 144, Coded Files, Adult Services. See also George Rosenberg to Ellis Murphy, August 12, 1970, folder 1, box 161, Coded Files, Field Operations Branch; Joseph Sureck to Norman J Glbert, August 5, 1970; Joseph Sureck to Robert E Mitchell, August 6, 1970.

79. Scott, “Illegal Aliens Reportedly Receiving County Welfare”; Robert Knowles, “Reveal Welfare Payments to Illegal Aliens Here,” Los Angeles Herald-Examiner, July 29, 1970.

80. California Social Welfare Board, State Social Welfare Board Position Statement, 15.

81. Ibid.

82. Scott, “Illegal Aliens Reportedly Receiving County Welfare.” For more on concerns about Mexican fertility, see Gutiérrez, Elena R., Fertile Matters: The Politics of Mexican-Origin Women's Reproduction (Austin: University of Texas Press, 2008)Google Scholar.

83. California Social Welfare Board, State Social Welfare Board Position Statement, 15.

84. Zumbrun et al., “Welfare Reform”; Cannon, Governor Reagan, 349.

85. Zumbrun et al., “Welfare Reform”; Crafton, “The Incremental Revolution,” 34.

86. Robert Carleson, “The Real Answer to Welfare Reform,” Human Events, April 8, 1972, folder “Welfare 1972,” box GO 186, Reagan Gub. Papers.

87. Crafton, “The Incremental Revolution,” 34.

88. Zumbrun et al., “Welfare Reform.”

89. California Social Welfare Board, State Social Welfare Board Position Statement, 15; Scott, “Illegal Aliens Reportedly Receiving County Welfare.”

90. “Alien Welfare Recipients Come Under Hot Attack,” Los Angeles Sentinel, November 19, 1970, D1. See also J. W. Thompson to Joseph Sureck, May 28, 1970, folder 17, box 26, Social Welfare Board Files, R 350.013, Records of the Department of Social Welfare, California State Archives.

91. Walt Secor, “State, U.S. Job, Dorn Says,” LAT, November 24, 1970, SF1; Warren M. Dorn, Welfare Information for Discussion with Governor Reagan, July 20, 1970, folder “Letters from Board of Supervisors,” box H33, Health and Welfare Agency, Reagan Gubernatorial Papers; “Supervisors Ask Curbs on Aliens Getting Welfare,” LAT, November 18, 1970, A3.

92. Reed Clegg to Ronald Reagan, July 27, 1970, folder “Letters from Board of Supervisors,” box H33, Health and Welfare Agency, Reagan Gubernatorial Papers.

93. The following references in this note are all from the source: folder “Replies by Counties to Letter from Youngreen,” box H33, Health and Welfare Agency, Reagan Gubernatorial Papers: For the view that the enforcement of sponsor's obligations should be a priority, see Don Quisenberry, to M. E. Youngreen and Ned Hutchinson, December 3, 1970; Mary Quitoriano to M. E. Youngreen, December 11, 1970. For the view that all noncitizens should be barred, see Florence Kinloch to M. E. Youngreen, January 4, 1971; Ellis P. Murphy to Mr. M. E. Youngreen, December 7, 1970; Mary Quitoriano to M. E. Youngreen, December 11, 1970; Howard Rourke to M. E. Youngreen, December 3, 1970, and California Counties, Welfare Modernization Task Force, “List of Recommended Welfare Changes for Discussion Purposes,” July 31, 1970.

94. The following references in this note are all from the source: folder “Replies by Counties to Letter from Youngreen,” box H33, Health and Welfare Agency, Reagan Gubernatorial Papers. For the view that unauthorized immigrants required particular attention, see Howard Rourke to M. E. Youngreen, December 3, 1970, and California Counties, Welfare Modernization Task Force, “List of Recommended Welfare Changes for Discussion Purposes,” July 31, 1970,; Ellis P. Murphy to Mr. M. E. Youngreen, December 7, 1970; Mary Quitoriano to M. E. Youngreen, December 11, 1970. For the view that new guidelines were needed, see Ellis Murphy to Lucien Vandergrift, June 5, 1970, folder “Public Assistance Study.”

95. California Counties Welfare Modernization Task Force, List of Recommended Welfare Changes for Discussion Purposes, July 31, 1970, folder “Replies by Counties to Letter from Youngreen,” box H32, Health and Welfare Agency, Reagan Gubernatorial Papers; California County Supervisors Association of California and the County Welfare Directors Association of California, 1970, Public Welfare: A Time for Change, Final Report, California Counties Welfare Modernization Task Force, Sacramento, CA, 58.

96. “Reagan Orders Medi-Cal Cutbacks,” Bakersfield Californian, December 3, 1970, 1.

97. Rudolf Michaels to Robert Martin, October 5, 1970, folder “Public Assistance Task Force (15),” box H30, Health and Welfare Agency, Reagan Gubernatorial Papers.

98. Richardson v. Graham, 313 F. Supp. 34 (Ariz. 1970); Rudolf Michaels to Robert Martin, October 5, 1970, folder “Public Assistance Task Force (15),” box H30, Health and Welfare Agency, Reagan Gubernatorial Papers.

99. Ibid. See also Robert Martin to Lucian Vandergrift, October 13, 1970, folder “Public Assistance Task Force—State (13),” box H30, Health and Welfare Agency, Reagan Gubernatorial Papers.

100. Jack Jones, “Pressure Builds on California's Welfare System,” LAT, November 16, 1970, A1.

101. Pete Tweedt to Ned Hutchinson, December 1, 1970, folder “Public Assistance Task Force—State (21),” box H31, Health and Welfare Agency, Reagan Gubernatorial Papers.

102. Ned Hutchinson to Pete Tweedt, December 8, 1970, folder “Public Assistance Task Force—State (21),” box H31, Health and Welfare Agency, Reagan Gubernatorial Papers.

103. Fred P. Graham, “Welfare Rights of Noncitizens to Be Considered by High Court,” NYT, December 15, 1970, 32; Harry Grafe to Earl Brian, December 31, 1970, folder “Medi-Cal,” box H32, Health and Welfare Agency, Reagan Gubernatorial Papers; No author to Papiano, Moore & Earl Brian, December 4, folder “Public Assistance Task Force – States (26),” box H31, Health and Welfare Agency, Reagan Gubernatorial Papers.

104. Draft News Release, State Social Welfare Board Action on Aid to Aliens, Human Relations Agency, State Social Welfare Board, (n.d.), folder “Public Assistance Task Force—State (20),” box H31, Health and Welfare Agency, Reagan Gubernatorial Papers. See also Thompson to Edwin Thomas, November 25, 1970, box H31, Health and Welfare Agency, Reagan Gubernatorial Papers; “Board Urges No Welfare for Aliens,” LAT, December 8, 1970, E4.

105. Theresa Barajas to Ronald Reagan, July 22, 1970, folder “Public Assistance Task Force—County (5),” box H32, Health and Welfare Agency, Reagan Gubernatorial Papers. See also Betty Leyrer to Ronald Reagan, November 19, 1970, box H32, Health and Welfare Agency, Reagan Gubernatorial Papers.

106. Otten, “Illegal Aliens from Mexico Costing Taxpayers Millions,” 4.

107. “U.S.A. This Way,” Valley News (Van Nuys, California), December 1, 1970, 2.

108. “Bring Welfare Back to Reality,” LAT, November 25, 1970, C6.

109. Comentario Grafico, La Opinion, November 21, 1970, reproduced in Committee on the Judiciary, Illegal Aliens, 136.

110. Robert Martin to Lucian Vandergrift, November 23, 1970, folder “Public Assistance Task Force—State (10),” box H30, Health and Welfare Agency, Reagan Gubernatorial Papers.

111. Jerry Martin to Ed Meese, December 18, 1970, folder “Public Assistance Task Force—State (28),” box H31, Health and Welfare Agency, Reagan Gubernatorial Papers.

112. California Social Welfare Board, State Social Welfare Board Position Statement; Notice of Public Hearing, State Department of Social Welfare, San Francisco, March 17, 1971, folder “Public Assistance Task Force—County (13),” box H15, Health and Welfare Agency, Reagan Gubernatorial Papers; Jack Jones, “Alien Groups Protest New Residency Ruling,” LAT, March 18, 1971, E20.

113. M. Kevin Leary, “Welfare Cutbacks Protested,” Oakland Tribune, March 18, 1971, 12.

114. Jones, “Alien Groups Protest New Residency Ruling,” E20.

115. Rudolf Michaels to Robert Martin, October 5, 1970, folder “Public Assistance Task Force—State (15),” box H30, Health and Welfare Agency, Reagan Gubernatorial Papers.

116. Cannon, Governor Reagan, 351; Tom Goff, “Reagan Offers 70-Point Plan to Cut Welfare Expenditures,” LAT, March 4, 1971, 1.

117. Zumbrun et al., “Welfare Reform.”

118. Cannon, Governor Reagan, 350–52. See also Crafton, “The Incremental Revolution.”

119. Zumbrun et al., “Welfare Reform.”

120. Ronald Reagan, “Welfare Is a Cancer,” NYT, April 1, 1971, 41. See also “Reagan Promises Campaign against Welfare Cheaters,” LAT, July 11, 1967, 3; Kohler-Hausmann, “Welfare Crises, Penal Solutions, and the Origins of the ‘Welfare Queen.’”

121. “Welfare Quotes in ‘State’ Speech,” Human Relations Agency Newsletter, California State Department of Social Welfare, January–February 1971, VII (1): 3, folder “Newsletter,” box H48, Health and Welfare Agency, Reagan Gubernatorial Papers; Reagan, Meeting the Challenge.

122. “Laws Barring Welfare for Aliens Invalidated,” LAT, June 15, 1971, 5.

123. Report on the Conference, Immigracion y La Raza Held at Los Angeles, Friday–Saturday, March 26–27, 1971, in Committee on the Judiciary, Illegal Aliens, 271–72; “Latin Group Schedules Immigration Meeting,” LAT, March 26, 1971, A7; Richard Bergholz, “Tunney Protege Wins Top Democratic Post,” LAT, January 25, 1971, A3. For more on Mexican Americans and the politics of unauthorized immigration, see Gutiérrez, David G., Walls and Mirrors: Mexican Americans, Mexican Immigrants, and the Politics of Ethnicity (Berkeley: University of California Press, 1995), 180–81, 187–205Google Scholar.

124. Daniel S. Brunner to Marion J. Woods and William J. Kurtz, August 20, 1976, folder “J7, Citizenship (Aliens), 1976,” box 119, General Research Files, Department of Social Services, unprocessed records, California State Archives. Support for antifraud measures was bipartisan and “enthusiastic.” Kohler-Hausmann, Getting Tough, 164.

125. Tichenor, Dividing Lines, 224–27.

126. Cannon, Governor Reagan, 208.

127. Daniel S. Brunner to Marion J. Woods and William J. Kurtz, August 20, 1976, folder “J7, Citizenship (Aliens), 1976,” box 119, General Research Files, Department of Social Services, unprocessed records, California State Archives; Beilenson and Agran, “The Welfare Reform Act of 1971.” For a slightly different interpretation of these events, see Ralph Santiago Abascal to Arlen Gregorio, April 29, 1975, Assembly Republican Caucus, MF3:4(32), California State Archives.

128. Starting in the mid-1960s, however, Republicans increasingly vied for the Latino vote. Brilliant, The Color of America Has Changed; Burt, Kenneth C., The Search for a Civic Voice: California Latino Politics (Claremont, CA: Regina Books, 2007), 230–36, 283–95Google Scholar.

129. Beilenson and Agran, “The Welfare Reform Act of 1971.” For details on the different bill drafts, see CA Senate, June 1, 1971, folder “Welfare Reform Committee (3),” box GO 108, Reagan Gub. Papers; “State Legislative Summary,” Red Bluff Daily News, August 2, 1971, 5.

130. Robert B Carleson to Leo T. McCarthy, July 20, 1971, folder “Legislative Bills 1971,” box H60, Health and Welfare Agency, Reagan Gubernatorial Papers; “State Welfare Chief Carleson Gets U.S. Post,” LAT, March 2, 1973, B3.

131. Ralph Santiago Abascal to Arlen Gregorio, April 29, 1975, Assembly Republican Caucus, MF3:4(32), California State Archives. For more on these negotiations, see Cannon, Governor Reagan, 357–59; Beilenson and Agran, “The Welfare Reform Act of 1971.”

132. Office of the Governor, Immediate Release No. 469, August 6, 1971, folder “Welfare 1971,” box GO 186, Reagan Gub. Papers.

133. Daniel S. Brunner to Marion J. Woods and William J. Kurtz, August 20, 1976, folder “J7, Citizenship (Aliens), 1976,” box 119, General Research Files, Department of Social Services, unprocessed records, California State Archives. See also Beilenson and Agran, “The Welfare Reform Act of 1971.”

134. Also included in the Act was the re-establishment of a one year residency requirement for assistance, but the courts, citing the Shapiro decision, struck it down. Cannon, Governor Reagan, 359, 361.

135. Smith, Richard N., On His Own Terms: A Life of Nelson Rockefeller (New York: Random House, 2014), xxviiGoogle Scholar.

136. Ibid., 333. For more on efforts to impose the residency restriction, see Reese, Ellen, Backlash Against Welfare Mothers: Past + Present (Berkeley: University of California Press, 2005), 99–102Google Scholar.

137. Layhmond Robinson, “Curb on Welfare Passed in Albany,” NYT, March 18, 1960, 1. On the importance of antiblack and Puerto Rican sentiment, see Reese, Backlash Against Welfare Mothers, 99–102.

138. David Andelman, “Welfare Residency Law,” NYT, March 29, 1971, 48; “Text of the Governor's Memo on Relief Bill,” NYT, March 23, 1960, 22; Warren Weaver, Jr., “Governor Vetoes Year's Residence as a Relief Rule,” NYT, March 23, 1960, 1.

139. “Text of the Governor's Memo on Relief Bill.”

140. Andelman, “Welfare Residency Law,”48.

141. U.S. Census Bureau, Statistical Abstract of the United States, 1961 (Washington, DC: U.S. Government Printing Office, 1961), 286; U.S. Census Bureau, Statistical Abstract of the United States, 1971 (Washington, DC: U.S. Government Printing Office, 1971), 12, 292.

142. Rieder, Canarsie,101–107, passim; Cannato, Vincent J., The Ungovernable City: John Lindsay and His Struggle to Save New York (New York: Basic Books, 2001), 539–42Google Scholar, passim; Piven, Frances Fox and Cloward, Richard A., Poor People's Movements: Why They Succeed, How They Fail (New York: Vintage Books, 1979), 303Google Scholar; Orleck, Annelise, Storming Caesars Palace: How Black Mothers Fought Their Own War on Poverty (Boston: Beacon Press, 2005),167, 170–72Google Scholar.

143. Cannato, The Ungovernable City, 542; Bernstein, Blanche, “The State and Social Welfare,” in Governing New York State: The Rockefeller Years, eds. Connery, Robert H. and Benjamin, Gerald (New York: Academy of Political Science, 1974), 151Google Scholar.

144. Smith, On His Own Terms, 577; Kornbluh, The Battle for Welfare Rights, 161; Cannato, The Ungovernable City, 389–95; Rieder, Canarsie; Glazer, Nathan and Moynihan, Daniel Patrick, Beyond the Melting Pot: The Negroes, Puerto Ricans, Jews, Italians, and Irish of New York City, 2nd ed (Cambridge, MA: MIT Press, 1970), xxvi–xxix, lxxxvi–lxxxviiGoogle Scholar; Kovach, “States Act to Curb Welfare Expansion.”

145. “Rockefeller Talks Tough and Aide Says ‘It's No Baloney,” NYT, March 14, 1971, E4; Marquis Childs, “Reagan vs. Rockefeller: The Race for ’76 Is On,” Washington Post, December 25, 1973, A 23; Kornbluh, The Battle for Welfare Rights, 112.

146. As quoted in Smith, On His Own Terms, 579.

147. Bernstein, “The State and Social Welfare,” 155; Thomas P. Ronan, “Rockefeller Urges Year's Residency in Welfare Cases,” NYT, March 28, 1971, 1; Kovach, “States Act to Curb Welfare Expansion”; Frances X. Clines, “Rockefeller Signs Bills Reforming Welfare System,” NYT, April 8, 1971, 1; “New York Cuts Non-Residents’ Welfare Funds,” Washington Post, June 24, 1971, A3; paraphrasing Smith, On His Own Terms, 577.

148. Concerns about Southern blacks moving to New York for welfare were not new. Levenstein, “From Innocent Children to Unwanted Migrants and Unwed Moms”; Minoff, “Free to Move?,” 329, 455, 457.

149. Smith, On His Own Terms, 578.

150. Freeman, Joshua B., Working Class New York: Life and Labor since World War II (New York: New Press, 2000), 103–104, 143–45Google Scholar.

151. Statement by Mayor John V. Lindsay, May 18, 1971, folder 2219, box 117, reel 59, John V. Lindsay Papers, NYC Municipal Archives.

152. Rieder, Canarsie; Kornbluh, The Battle for Welfare Rights.

153. Ronan, “Rockefeller Urges Year's Residency in Welfare Cases,” 1; “N.Y. Residency Rule for Welfare Ruled Invalid,” Washington Post, August 10, 1971, A7; Fred P. Graham, “High Court Voids Residency Laws in Welfare Cases,” NYT, January 25, 1972, 1.

154. Robert D. McFadden, “Chief Welfare Inspector Is Named by Rockefeller,” NYT, August 23, 1971, 1. For more on the welfare reform package, see “New York Has New Welfare Law,” Chicago Daily Defender, June 26, 1971, 2.

155. William E. Farrell, “Governor Signs Bill on Year's Residency for Welfare,” NYT, June 24, 1971, 27.

156. Committee on the Judiciary, Illegal Aliens, 1066. See also Bernstein, “The State and Social Welfare,” 150.

157. McFadden, “Chief Welfare Inspector Is Named by Rockefeller”; “A Stickler for Details: George Furth Berlinger,” NYT, August 23, 1971, 12.

158. Nancy Seifer to Jay Kriegel, January 31, 1972, folder 984, box 55, John V. Lindsay Papers, LaGuardia and Wagner Papers.

159. Edward Benes and Henry Lee, “Illegal Aliens Make It Here Send It Home,” Daily News, September 27, 1971, 3.

160. Edward Benes, Frank Faso, and Henry Lee, “Illegal Aliens Ride on Uncle Sam & Rake in Relief,” Daily News, September 29, 1971, 3.

161. Edward Benes, Frank Faso, and Henry Lee, “Illegal Aliens: A Stopover in Puerto Rico,” Daily News, September 28, 1971, 3.

162. Edward Benes, Frank Faso, and Henry Lee, “Crackdown Pledged on Welfare for Illegal Aliens,” Daily News, September 30, 1971, 3.

163. Benes et al., “Illegal Aliens Ride on Uncle Sam & Rake in Relief.”

164. Committee on the Judiciary, Illegal Aliens, 1066.

165. Ibid., 1067.

166. Benes and Lee, “Illegal Aliens Make It Here Send It Home.” See also Edward Kavazanjian, “Illegal Aliens in the U.S.,” NYT, September 6, 1971, 18; Edward Kavazanjian, “Of Unions, Jobs and Illegal Aliens,” NYT, February 1, 1975, 21; Tiede, “Illegal Immigrants Thrive in U.S. Work Force.”

167. Committee on the Judiciary, Illegal Aliens, 1511.

168. By late 1973, State Department of Social Services officials claimed that “analysis of information on hand—principally a 1971 AFDC Characteristic Study and subsequent samplings—indicates we may have as many as 25,000 illegal aliens now on our AFDC rolls.” Abe Lavine to T. N. Hurd, December 14, 1973, Social Services, Dept. of, General, folder “Illegal Aliens,” reel 46, Governor Malcolm Wilson Papers, New York State Archives. But all other evidence contradicts that the data came from welfare officials. See Committee on the Judiciary, Illegal Aliens, 1067, 1082–83.

169. Tiede, “Illegal Immigrants Thrive in U.S. Work Force.” See also Committee on the Judiciary, Illegal Aliens, 1109–110, 1307.

170. Edward Kavazanjian to Members of Congress, September 18, 1971, Nixon Library; Edward Kavazanjian to John Ehrlichman, September 18, 1971, Nixon Library; Edward Kavazanjian to President Nixon, June 3, 1971, Nixon Library; Belair, “Immigration Unions Ask Congress for More Staff.”

171. Committee on the Judiciary, Illegal Aliens, 1508; Tiede, “Illegal Immigrants Thrive in U.S. Work Force.” See also Edward Kavazanjian, “The Hidden Gold Drain,” Newsday, September 5, 1971, Nixon Library.

172. Committee on the Judiciary, Illegal Aliens, 1109–110, 1226, 1012.

173. “Latin Americans ‘Inform’ the Daily News,” Migration Today 2 (1974): 4–5.

174. Edward Benes, Frank Faso and Henry Lee, “Relief Boss Orders Probe to Seek Out Illegal Aliens,” Daily News, October 2, 1971, 4.

175. Benes et al., “Crackdown Pledged on Welfare for Illegal Aliens.” On the conflict between Berlinger and city welfare officials: Peter Kihss, “Berlinger Will Confront Sugarman on Welfare at City Council Hearing,” NYT, July 30, 1972, 35; Peter Kihss, “Berlinger Charges ‘Deceit’ in City Report on Welfare,” NYT, October 2, 1972, 51; “Berlinger Acts in Welfare ‘Chaos’ Here,” NYT, February 3, 1972, 21; Bernstein, “The State and Social Welfare,” 151.

176. Matt Flegenheimer, “Sanford Garelik, Former Mayoral Candidate, Dies at 93,” NYT, November 20, 2011.

177. Edward Benes, Frank Faso, and Henry Lee, “Beame Aims Task Force at Illegal Aliens,” Daily News, October 1, 1971, 5.

178. Sanford Garelik, “Getting Action,” Daily News, October 15, 1971, 55.

179. Joseph Fitzpatrick/George to Mr. Friedman, 10/1/71, Res. No. 563-600, 1971, folder “Illegal Aliens, Stringent Regulations,” box 535, Committee Files/ Proceedings, Office of the Vice Chairman (Thomas Cuite, 1969–1989), New York City Council Papers, LaGuardia and Wagner Archives.

180. Benes et al., “Relief Boss Orders Probe to Seek Out Illegal Aliens”; Statement by Thomas J. Cuite, October 1, 1971, Resolution No. 563-600, 1971, folder “Illegal Aliens, Stringent Regulations,” box 535, Committee Files/Proceedings, Office of the Vice Chairman (Thomas Cuite, 1969–1989), New York City Council Papers.

181. Winston Williams, “Aileen Ryan, Councilwoman from the Bronx for 17 Years,” NYT, August 10, 1987, D9; Resolution No. 600, and Resolution No. 563-600, 1971, folder “Illegal Aliens, Stringent Regulations,” box 535, Committee Files/Proceedings, Office of the Vice Chairman (Thomas Cuite, 1969–1989), New York City Council Papers.

182. Benes et al., “Beame Aims Task Force at Illegal Aliens.”

183. Committee on the Judiciary, Illegal Aliens, 1012. For more on Biaggi and his constituents, see Robert D. McFadden, “Mario Biaggi, 97, Popular Bronx Congressman Who Went to Prison, Dies,” NYT, June 25, 2015.

184. Edward Benes, “…And John Q. Public Is Alienated, Too,” Daily News, October 3, 1971, 5.

185. Andrew Stein, Press Release, February 21, folder 984, box 55, Lindsay Papers, LaGuardia and Wagner Archives. See also Martin McLaughlin, “Urges Welfare Alien Screening,” Daily News, February 22, 1972, 99; “Illegal Aliens Here on Welfare Said to Cost Millions,” NYT, February 2, 1972, 17. During his career, Stein was known for “embracing progressive social positions while advocating fiscal prudence.” Sam Roberts, “Ever Unabashed, Stein Emerges Again,” NYT, August 27, 1991, B1; Robert D. McFadden, “Jerry Finkelstein, a New York Power Broker, Dies at 96,” NYT, November 29, 2012, A28.

186. “Illegal Aliens Here on Welfare Said to Cost Millions.”

187. Andrew Stein, Press Release, February 21, folder 984, box 55, Lindsay Papers, LaGuardia and Wagner Archives; “Illegal Aliens Here On Welfare Said to Cost Millions.”

188. See “Illegal Aliens Here On Welfare Said to Cost Millions”; McLaughlin, “Urges Welfare Alien Screening”; Committee on the Judiciary, Illegal Aliens, 1069, 1082–83, 1085; Leslie Aldridge Westoff, “Should We Pull Up the Gangplank?” NYT, September 16, 1973, 263; Marquis Childs, “Illegal Aliens: Big Business,” LAT, December 17, 1975, SB 403 (3), 1975–1976, Newton R. Russell, Bill Files, LP457:82, California State Archives.

189. For more on the authors of these studies: “Illegal Aliens Here on Welfare Said to Cost Millions”; “Is Welfare out of Control?” NYT, March 14, 1972, 42; Bruno Stein, “Welfare Crisis: Tantrums Won't Help,” NYT, April 5, 1972, 44.

190. Peter Kihss, “Rising Welfare Here Laid to Family and Addict Ills,” NYT, March 13, 1972, 1. See also Peter Kihss, “Illegitimacy Rise on Welfare Cited,” NYT, March 21, 1972, 31.

191. “Study Says Relief Mothers Move Here,” NYT, March 27, 1972, 38.

192. Stein hoped that the Federal government would take over the entire welfare program. Ibid.

193. Andrew Stein, Press Release, February 21, folder 984, box 55, Lindsay Papers, LaGuardia and Wagner Archives.

194. Committee on the Judiciary, Illegal Aliens, 1067.

195. Andrew Stein, Press Release, February 21, folder 984, box 55, Lindsay Papers, LaGuardia and Wagner Archives.

196. Committee on the Judiciary, Illegal Aliens, 1084.

197. “Illegal Aliens Here On Welfare Said to Cost Millions.”

198. U.S. General Accounting Office, More Needs to Be Done to Reduce the Number and Adverse Impact of Illegal Aliens in the United States (Washington DC: Government Printing Office, 1973), 42.

199. Committee on the Judiciary, Illegal Aliens, 1079, 1081–83.

200. Committee on the Judiciary, Illegal Aliens, 1130.

201. Farrell Jones Testimony, March 10, 1972, folder 984, box 55, Lindsay Papers, LaGuardia and Wagner Archives.

202. Committee on the Judiciary, Illegal Aliens, 1076–77.

203. Cannato, The Ungovernable City, 500. For more on Lindsay's record on welfare see Kornbluh, The Battle for Welfare Rights, 164.

204. Cannato, The Ungovernable City, 515, 520.

205. Nancy Seifer to Jay Kriegel, January 31, 1972, folder 984, box 55, Lindsay Papers, LaGuardia and Wagner Archives.

206. Mayor Lindsay to Peter Rodino, April 18, 1972, folder 984, box 55, Lindsay Papers, LaGuardia and Wagner Archives.

207. State of New York, 11790, In Assembly, March 22, 1972, Veto Jacket 174, New York State Library. For the composition of the legislature, see Benjamin, Gerald, “Patterns in New York State Politics,” in Governing New York State: The Rockefeller Years, eds. Connery, Robert H. and Benjamin, Gerald, (New York: Academy of Political Science, 1974), 31–44Google Scholar.

208. Francis X. Clines, “Wyman Assailed in the Assembly,” NYT, January 11, 1972, 41; Francis X. Clines, “Legislators Ask for Welfare Ceiling in Two Categories,” NYT, March 22, 1972, 26.

209. New York State, Journal of the Senate of the State of New York, 1972 (Albany, NY 1972), 342–43; New York State, Journal of the Assembly of the State of New York, 1972, vol. 2, (Albany, NY, 1972), 2182–83; New York State, New York Legislative Record and Index, 1972, (Albany, NY, 1972), 887–92.

210. The following references in this note are from the source: Veto Jacket 174, 1972, New York State Library: Office of Welfare Inspector General, May 12, 1972; Donald J. Faden, “Ten Day Bills,” May 11, 1972; Roger Butts to Michael Whiteman, May 6, 1972; Memorandum Accompanying Comments on Bill Before the Governor for Executive Action, New York State Department of Social Services, May 4, 1972.

211. The following references in this note are from the source: Veto Jacket 174, 1972, New York State Library: Governor Rockefeller, Veto No. 174, June 8, 1972; Mayor Lindsay to Governor Rockefeller, May 23, 1972; Louis Lefkowitz, Memorandum for the Governor, May 11, 1972.

212. Louis Lefkowitz, Memorandum for the Governor, May 11, 1972, Veto Jacket 174, 1972, New York State Library.

213. Even Berlinger worried that the bill was unconstitutional. Office of Welfare Inspector General, May 12, 1972, Veto Jacket 174, 1972, New York State Library.

214. Davis, Martha F., Brutal Need: Lawyers and the Welfare Rights Movement (New Haven, CT: Yale University Press, 1993), 84Google Scholar.

215. Nancy Duff Levy and Adele Blong to Governor Rockefeller, May 30, 1972, Veto Jacket 174, 1972, New York State Library.

216. Governor Rockefeller, Veto No. 174, June 8, 1972, Veto Jacket 174, 1972, New York State Library.

217. U.S. General Accounting Office, More Needs to Be Done to Reduce the Number and Adverse Impact of Illegal Aliens in the United States, 42.

218. Edward Benes, “U.S. Rules Out Federal Aid to Illegal Aliens,” Daily News, November 14, 1973, Social Services General, August 1973, microfilm reel A24, Governor Nelson A Rockefeller Papers, New York State Archives.

219. General Accounting Office, More Needs to be Done to Reduce the Number and Adverse Impact of Illegal Aliens in the United States, 42–43; Abe Lavine to T. N. Hurd, December 14, 1973, Social Services, Dept. of, General, folder “Illegal Aliens,” microfilm reel 46, Governor Malcolm Wilson Papers, New York State Archives.

220. Fox, “Unauthorized Welfare,” 1051.

221. “Financial and Medical Assistance Programs, Citizenship and Alienage,” Federal Register 37 (June 16, 1972), 11977; Costa to Twiname, July 27, 1971, folder EA3, box 1, Administrative Subject Files, Medical Services Administration, Records of the Social and Rehabilitation Service, National Archives.

222. Fox, “Unauthorized Welfare,” 1066–67.

223. “Citizenship and Alienage,” Federal Register 38 (June 27, 1973), 16910; Raymond Vowell to John Twiname, July 3, 1972, folder “Texas 72 AW-5,” box 408, Secretary's Subject Correspondence, Records of the Department of Health, Education, and Welfare, National Archives; John O. Graham to James McGuire, March 4, 1972, folder “Arizona,” box 405, Secretary's Subject Correspondence, Records of the Department of Health, Education, and Welfare, National Archives.

224. Fox, “Unauthorized Welfare,” 1065–66.

225. “Welfare Reform in California…Showing the Way,” December 1972, folder “Welfare reform in California,” box 143, Governor's Office Files, Reagan Gubernatorial Papers.

226. Abe Lavine to T. N. Hurd, December 14, 1973, Dept. of Gen. Social Services, Illegal Aliens, reel 46, Dept. of Social Services, Governor Wilson Papers, New York State Archives. See also Committee on the Judiciary, Illegal Aliens, 1067, 1080.

227. Fox, “Unauthorized Welfare,” 1066.

228. Ibid., 1067–68.

229. Randall, Ronald, “Presidential Power versus Bureaucratic Intransigence: The Influence of the Nixon Administration on Welfare Policy,” American Political Science Review 73 (1979): 795–810CrossRefGoogle Scholar, esp. 797, 802; Douglas Hallett, “The Welfare Missionary: How Bob Carleson Spreads the Reagan Gospel in Washington,” California Journal (June 1975): 204–206, folder “Welfare 1974,” box 187, Governor's Office Files, Reagan Gubernatorial Papers. On the lasting influence of Carleson and other Reagan officials on welfare debates and policy at both the state and national levels, see Kohler-Hausmann, Getting Tough, 179–84.

230. Fox, “Unauthorized Welfare,” 1068.

231. Chapter 811 of the Laws of 1974, New York State.

232. Trading factories for finance, see Stein, Judith, Pivotal Decade: How the United States Traded Factories for Finance in the Seventies (New Haven: Yale University Press, 2010)Google Scholar; Fergusson, Niall, Maier, Charles S., Manela, Erez, and Sargent, Daniel J., The Shock of the Global: The 1970s in Perspective (Cambridge, MA: Harvard University Press, 2010)Google Scholar. Trading labor power for business power, see Hacker, Jacob S. and Pierson, Paul, Winner-Take-All Politics: How Washington Made the Rich Richer, and Turned Its Back on the Middle Class (New York: Simon & Schuster, 2010)Google Scholar. On the rise of free market policies (and the rise of the cultural left), see Borstelmann, Thomas, The 1970s: A New Global History from Civil Rights to Economic Inequality (Princeton, NJ: Princeton University Press, 2011)Google Scholar. On the decline of liberalism, see Edsall, Chain Reaction. On the decline of the working class see Cowie, Jefferson, Stayin’ Alive: The 1970s and the Last Days of the Working Class (New York: The New Press, 2010)Google Scholar. On the rise of conservatism, see Perlstein, The Invisible Bridge. Other scholars focus on the social and cultural transformations wrought by the 1970s. See, for example, Frum, David, How We Got Here: The 70's, the Decade that Brought You Modern Life (for Better or Worse) (New York: Basic Books, 2000)Google Scholar; Schulman, Bruce J., The Seventies: The Great Shift in American Culture, Society and Politics (New York: Free Press, 2001)Google Scholar.

233. Gilens, Why Americans Hate Welfare; Kohler-Hausmann, Getting Tough.

234. Carleson, Robert B., Government Is the Problem: Memoirs of Ronald Reagan's Welfare Reformer (Alexandria, VA: American Civil Rights Union, 2010), xiiGoogle Scholar; Gingrich, Newt, Reed, Bruce, and Schanzenbach, Diane, “Past, Present, and Future of Welfare,” Pathways (Winter 2018), 4Google Scholar; Kohler-Hausmann, Getting Tough, 184.

235. For more on this frustration, see Jack Williams to Nelson Rockefeller, August 19, 1971, folder “Social Services Residency Requirements,” reel A23, Governor Nelson A Rockefeller Papers, New York State Archives.

236. Wong, The Politics of Immigration; Gulasekaram and Ramakrishnan, The New Immigration Federalism. For example, shortly after taking office in January 2019, California Governor Gavin Newsom proposed “a dramatic” expansion to the state's Medicaid system to cover “young immigrant adults” up to age 26 “who are in the U.S. illegally.” Melody Gutierrez, “Gov. Gavin Newsom Proposes Healthcare Mandate,” LAT, January 7, 2019. The very next day, Mayor Bill de Blasio of New York proposed a measure to provide affordable health care to all of the city's residents, including unauthorized immigrants, while Governor Andrew Cuomo pledged the group state tuition assistance, as well as legal assistance to immigrants targeted by immigration authorities. Amy Goldstein, “New York City Mayor Vows Health Care for All,” Washington Post, January 8, 2019; Tom Precious, “Cuomo to Deliver Budget Proposal to Lawmakers Tuesday,” Buffalo News, January 10, 2019.

237. Kang, The INS on the Line.

238. 426 U.S. 67 (1976).

239. 457 U.S. 202 (1982).

240. Weaver, R. Kent, Ending Welfare as We Know It (Washington, DC: Brookings Institution Press, 2000)Google Scholar.

241. Robertson, David Brian, “Federalism and American Political Development,” in The Oxford Handbook of American Political Development, eds. Valelly, Richard, Mettler, Suzanne, and Lieberman, Robert (Oxford, UK: Oxford University Press, 2016), 305Google Scholar.

242. Fox, “Unauthorized Welfare”; Alexandra Filandra, “E Pluribus Unum? Federalism, Immigration and the Role of the American States” (PhD diss., Rutgers University, 2009); Sarah Coleman, “Redefining American: The Shifting Politics of Immigration Policy at the End of the Twentieth Century” (PhD diss., Princeton University, 2016); Spiro, Peter, “Learning to Live with Immigration Federalism,” Connecticut Law Review 29 (1997): 1627–46Google Scholar.

243. Martin, Isaac William, The Permanent Tax Revolt: How the Property Tax Transformed American Politics (Stanford, CA: Stanford University Press, 2008)Google Scholar; Tani, States of Dependency, 14; Arsneault, Shelly, “Welfare Policy Innovation and Diffusion: Section 1115 Waivers and the Federal System,” State and Local Government Review 32 (Winter 2000): 49–60CrossRefGoogle Scholar; Weir, Margaret, “States, Race, and the Decline of New Deal Liberalism,” Studies in American Political Development 19 (Fall 2005), 157–72CrossRefGoogle Scholar.

244. Fox, “Unauthorized Welfare.”

245. Ibid.

246. HoSang, Racial Propositions; Jacobson, The New Nativism; Alvarez and Butterfield, “The Resurgence of Nativism in California?”; Calavita, “The New Politics of Immigration.”