Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
702295
label
H.R. 2712 / Chinese Students (1989) [2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
702295
sourceUrl
contentType
document
title
H.R. 2712 / Chinese Students (1989) [2]
citationUrl
identifierLocal
29144-006
collections
Records of the White House Office of the Chief of Staff to the President (George H. W. Bush Administration)
John Sununu Issues Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
702295
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
a5ea6b6c46f8cb0e
ocrText
Originally Processed With FOIA(s):
foia Number:
1998-0004-F[1]; 2016-2614-F
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin: Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
OA/ID Number:
29144
Folder ID Number:
29144-006
Folder Title:
H.R. 2712/Chinese Students (1989) [2]
Stack:
Row:
Section:
Shelf:
Position:
G
15
24
7
3
Office of the Attorney General
Washington, B. @2053m 7 PM 1: 06
January 16, 1990
The President
The White House
Washington
My dear Mr. President:
On November 30, 1989, you directed me to take certain
actions to improve the immigration status of nationals of the
People's Republic of China ("PRC") currently in the United
States. You requested that I report to you on the status of
these actions. This letter sets forth the actions I have taken.
In each instance, the action I have taken affords relief
equivalent to, or greater than, the relief that would have been
provided by H.R. 2712 (the "bill"). (I have attached copies of
my letter to the Immigration and Naturalization Service ("INS")
of December 1, 1989, and INS' cable to its field offices of the
same date, implementing your directives).
1. You directed that I provide PRC nationals with an
irrevocable waiver, that they may exercise until January 1, 1994,
of the foreign residence requirement of 8 U.S.C. § 1182(e).
I have waived this requirement for all PRC aliens present in
the United States as of December 1, 1989. This waiver is
irrevocable. Any such alien who makes a nonfrivolous application
for adjustment or any change of status may avail himself of the
waiver until January 1, 1994. This action provides adjustment
relief equivalent to that provided by the bill.
2. You directed that I take steps to assure the continued
lawful status of PRC aliens lawfully present in the United States
on June 5, 1989.
I have directed that PRC aliens who were in lawful status as
of June 5, 1989, be considered to have maintained lawful status
for the purposes of adjustment or change of nonimmigrant status.
Again, this action provides relief equivalent to that provided by
the bill.
3. You directed that I provide authorization for employment
of PRC nationals present in the United States on June 5, 1989.
I have directed that INS grant all PRC aliens who were
present in the United States as of June 5, 1989, the necessary
authorization to engage in employment. This action provides
employment opportunities greater than those afforded by the bill,
which would have granted employment authorization only to certain
PRC aliens, i.e., Chinese students in the F, J, or M visa
categories.
4. You directed that I provide notice of expiration of
nonimmigrant status, rather than institution of deportation
proceedings, to PRC aliens who are eligible for deferral of
enforced departure and whose nonimmigrant status has expired.
I have directed that any PRC aliens who are eligible for
deferral of enforced departure and whose authorized period of
stay has expired be given notice of expiration of nonimmigrant
status. This notice will be nonadversarial in nature and will
explain the options available. This action provides for
notification equivalent to that required by the bill.
5. Finally, you directed that I provide for enhanced
consideration under the immigration laws for individuals from any
country who express a fear of persecution upon return to their
country related to that country's policy of forced abortion or
sterilization.
I have directed that, with respect to all applications for
asylum, withholding of deportation, and refugee status, careful
consideration be given to applicants expressing fear of
persecution related to family planning policies of forced
abortion or sterilization. If an applicant establishes that the
applicant has refused to abort or to be sterilized, he or she
will be considered to have established a well-founded fear of
persecution. All other factors that may contribute to a
determination of eligibility for asylum, withholding of
deportation, and refugee status, will also be given additional
weight. These actions provide broader relief to persons fearing
coercive family planning policies than that provided by the bill,
which extended only to PRC aliens. Draft regulations to
implement this directive, effective upon publication, will be
available within a week.
In addition to these measures, INS has established an
Outreach Program to assist PRC aliens in the United States. INS
has held briefings and consultations with representatives of PRC
student leaders, the National Association of Foreign Student
Affairs, and private groups interested in the PRC, to inform them
of available options. Many INS district offices have also
arranged meetings with local Chinese community and educational
- 2 -
institutions. Each INS District Office has designated a point of
contact specifically to assist PRC nationals under this program.
INS field offices are also making every effort to expedite
the processing of applications for benefits provided under the
emergency relief measures. As of January 12, 1990, INS has
granted work authorization to 2,779 PRC nationals; granted
adjustment to permanent resident status for 87, with 108 cases
still pending; authorized a change in temporary status for 225;
and granted waivers of the foreign residence requirement of
section 1182 (e). for 70.
Initial results of the program indicate that these outreach
efforts have been successful and that PRC aliens are aware of the
available options and are filing applications. of course, I will
continue to monitor developments to assure the success of your
policy of providing necessary relief to PRC nationals present in
the United States.
Sincerely,
Dick Thornburgh
Attorney General
- 3 -
Office of the Attorney General
Washington, B. C. 20530
December 1, 1989
Honorable Gene McNary
Commissioner
Immigration and Naturalization Service
7100 Chester Arthur Building
425 Eye Street
Washington, D.C. 20536
Dear Commissioner:
I am writing to you with regard to an issue of great concern
to the President and this Department: the status of Chinese
nationals who, as of June 5, 1989, were present in the United
States ("Chinese aliens"). In order to eliminate any concern
about their status and to make clear that they are entitled to
remain in the United States, I am directing the Immigration and
Naturalization Service (INS) to undertake the following steps.
First, I have received a favorable recommendation from the
United States Information Agency that I waive the two-year
foreign residency requirement found in 8 U.S.C. § 1182 (e) for
Chinese aliens who, as of June 5, 1989, were present in the
United States. I have determined that the admission of these
aliens into the United States is in the public interest.
Therefore, I hereby waive the two-year residency requirement for
any such alien. These waivers are irrevocable and may be
exercised until January 1, 1994 by any such alien who makes a
nonfrivolous application for adjustment or any change of status.
8 U.S.C. § 1182(e).
Second, I direct that Chinese aliens who were in lawful
status as of June 5, 1989 shall be considered to have maintained
lawful status for purposes of adjustment of status or change of
nonimmigrant status.
Third, INS shall grant all Chinese aliens the necessary
authorization to engage in employment.
Fourth, any Chinese aliens who are eligible for deferral of
enforced departure and whose authorized period of stay has
expired shall be given a notice of expiration of nonimmigrant
status. Such notice shall be nonadversarial in nature and shall
contain an explanation of the options available to such aliens
pursuant to my directives and those of INS.
Finally, with respect to the adjudication of all applica-
tions to the Executive Branch for asylum, withholding of
deportation, or refugee status, careful consideration shall now
be given to such an applicant who expresses a fear of persecution
upon return to their country related to that country's family
planning policy of forced abortion or coerced sterilization. If
the applicant establishes that such an applicant has refused to
abort or be sterilized, then the applicant will now be considered
to have established a well-founded fear of persecution on the
basis of political opinion. 8 U.S.C. § 1101 (a) (42). All other
factors (such as overt political activities, membership in an
ethnic or religious minority, and family background and history)
which may contribute to a determination that an applicant is
eligible for asylum, withholding of deportation, or refugee
status, are also to be given additional weight. INS shall, in
consultation with the Executive Office for Immigration Review and
the Department of State, issue any necessary implementing
regulations.
Sincerely,
Dick Thornburgh
Attorney General
CC: David L. Milhollan
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. Memo
From Sichan Siv to Ed Rogers
1/22/89
Re: New Information for Gov. Sununu's Meeting w/Chinese
American Leaders (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Open on Expiration of PRA
Subseries:
Issues Files
(Document Follows)
WHORM Cat.:
By JP (NLGB) on 5/12/05
File Location:
H.R. 2712/Chinese Students (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29144-006
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
THE WHITE HOUSE
WASHINGTON
January 22, 1989
MEMORANDUM FOR ED ROGERS
FROM:
SICHAN SIV
SUBJECT:
NEW INFORMATION FOR GOV. SUNUNU'S MEETING WITH
CHINESE AMERICAN LEADERS
The following information could be useful for Gov. Sununu's
meeting with Chinese American leaders this afternoon.
Chinese Americans are divided on Pelosi bill. The number of
people who support the President has drastically increased.
There has been a massive letter and phone campaign in support of
the President over the weekend. These are worth mentioning:
- From 100 Chinese Americans in San Francisco to the
President: YOUR POLICY HAS OUR FULL SUPPORT
- From the 150 year old Chinese Consolidated Benevolent
Association to the Washington Post: WE STRONGLY BELIEVE THAT A
DEFERRAL ON THE VOTE OVERRIDE WILL PROVIDE THE NECESSARY
TIME TO ARRIVE AT A SOLUTION THAT WILL SERVE OUR NATIONAL
INTEREST AS WELL AS THE CHINESE STUDENTS
- From Taiwan born Prof. Y. T. Lee of UC-Berkeley (1986
Nobel Prize winner) to the Washington Post: I AGREE MORE
WITH BUSH ON CHINA
- From three Washington-based Chinese organizations to the
Washington Post: THE PRESIDENT HAS ACTED IN THE LONG TERM
INTEREST OF AMERICA. WE URGE CONGRESS NOT TO OVERRIDE THE
PRESIDENTIAL DECISION TO WITHHOLD APPROVAL OF HR 2712
I believe the support will continue to increase, if the President
could approve the extension of work authorization beyond June
1990. The deferral of the veto override would be extremely
helpful for us to get more support to sustain the veto.
THE WHITE HOUSE
WASHINGTON
PROSPECTIVE ATTENDEES
BRIEFING ON H.R. 2712 WITH CHINESE AMERICAN LEADERS
JANUARY 22, 1990 -- 5 P.M.
ROOM 180, OLD EXECUTIVE
GRANT MOY, JR.
General Counsel
Government Printing Office
275-2757
ALFRED HONG (New York)
Chairman;
Chinese American Citizen Alliance
New York State Heritage Council
Chinese American Republican Club - Queens, New York
Chinese American Republican Nationality Federation
718-454-1697
BARRY TIEN (New Jersey)
Director
New Jersey Asian American Political Coalition
718-463-0011
REV. MAN-KING TSO
Baptist Church, Georgetown
333-7212
289-3611
REV. JONATHAN LIU
Chinese Bible Church
460-4963
924-4855
CAROL CHEN
Producer, Chinese Program
Channel 26 TV (Maryland)
Member, School Board, Montgomery County, Maryland
230-0674
JULIE RAO
President
Asian American Congressional Forum
Special Assistant to the Commissioner
Federal Food & Drug Administration
485-0009
I-CHUAN CHEN
Director, International Relations, United Technology
International Corp.
785-7403
DR. SAM LIN
Deputy Assistant to the Surgeon General
Department of Health and Human Services
443-6670
ED MOY
Director
Pre-paid Health Care Insurance
Department of Health and Human Services
Former member, Central Committee
Wisconsin Republican Party
245-0811
DANIEL HO
Chairman
Department of Computer Information and Mathematics
Southeastern University
488-8162
JAMES WHANG, Ph.D.
President
AEPCO, Inc. (Over 500 employees)
670-6770
PATRICK SUNG
Attorney
Mobil Oil Company
Chairman, Maryland Chapter
National Republican Asian Assembly
849-7730
MIMI TSE
Vice President
Chinese American Music Society
Vice President
Creative Associate International Inc.
229-2198
ROBERT KWOK, MD
President
Chinese American Music Society
262-0330
EUGENE Y. HSI
Chairman
Organization of Chinese American - Baltimore
Chief Executive Officer
Transviron Inc.
301-321-6961
ELEANOR WANG
Member, Central Committee
Baltimore Republican Committee
301-363-7558, 301-655-7373
HOMER CHEN
Lt. Governor
Toastmaster Club
962-1342
DR. GRACE SHU (Pennsylvania)
Assistant Treasurer
National Republican Heritage Council
717-322-0228
JOHN T. CHEN, Ph.D.
President
Chinese Cultural & Community Services Center, Inc.
Senior Researcher
Nuclear Regulatory Commission
492-7000
HEO-PEH LEE, Ph.D. (New York)
Chairman
Chinese American Political Action Association of Metropolitan New
York
Chairman, Board Of Director
Shie-Jie Enterprise
CHONG-PIN LIN, Ph.D.
Associate Director
China Study Program
American Enterprise Institute
862-5865
ROBERT HSUEH (Texas)
National Co-Chairman
National Republican Asian Assembly
Immigration Attorney
214-991-5367
CHI WANG, Ph.D.
Professor of History
Georgetown University
707-5423
IGNATIUS TSAO, Ph.D.
Professor
State University of New York - Oneonta
(607) 431-3553
NELSON F. L. LEE
Vice President
Quan Gdong Benevolent Association
HUN J. GOON
Vice President
Chew Long Association
Member of the Board
Chinese Consolidated Benevolent Association
LAWRENCE T. TOM
President
Chew Long Association
Member of the Board
Chinese Consolidated Benevolent Association
YEN-DEN A. CHAN
Secretary
Chinese Consolidated Benevolent Association
DR. JOHN YOUNG
Professor of History
Seton Hall University
Secretary
Chinese Language Teacher's Association
VERN JARVIS
Deputy Director, Public Affairs
Immigration and Naturalization Service
BILL COOK
Immigration and Naturalization Service
JIM PULEO
Immigration and Naturalization Service
Office of the Attorney General
Washington, B. 7 74 1: 06
January 16, 1990
The President
The White House
Washington
My dear Mr. President:
On November 30, 1989, you directed me to take certain
actions to improve the immigration status of nationals of the
People's Republic of China ("PRC") currently in the United
States. You requested that I report to you on the status of
these actions. This letter sets forth the actions I have taken.
In each instance, the action I have taken affords relief
equivalent to, or greater than, the relief that would have been
provided by H.R. 2712 (the "bill"). (I have attached copies of
my letter to the Immigration and Naturalization Service ("INS")
of December 1, 1989, and INS' cable to its field offices of the
same date, implementing your directives).
1. You directed that I provide PRC nationals with an
irrevocable waiver, that they may exercise until January 1, 1994,
of the foreign residence requirement of 8 U.S.C. § 1182 (e).
I have waived this requirement for all PRC aliens present in
the United States as of December 1, 1989. This waiver is
irrevocable. Any such alien who makes a nonfrivolous application
for adjustment or any change of status may avail himself of the
waiver until January 1, 1994. This action provides adjustment
relief equivalent to that provided by the bill.
2. You directed that I take steps to assure the continued
lawful status of PRC aliens lawfully present in the United States
on June 5, 1989.
I have directed that PRC aliens who were in lawful status as
of June 5, 1989, be considered to have maintained lawful status
for the purposes of adjustment or change of nonimmigrant status.
Again, this action provides relief equivalent to that provided by
the bill.
3. You directed that I provide authorization for employment
of PRC nationals present in the United States on June 5, 1989.
I have directed that INS grant all PRC aliens who were
present in the United States as of June 5, 1989, the necessary
authorization to engage in employment. This action provides
employment opportunities greater than those afforded by the bill,
which would have granted employment authorization only to certain
PRC aliens, i.e., Chinese students in the F, J, or M visa
categories.
4. You directed that I provide notice of expiration of
nonimmigrant status, rather than institution of deportation
proceedings, to PRC aliens who are eligible for deferral of
enforced departure and whose nonimmigrant status has expired.
I have directed that any PRC aliens who are eligible for
deferral of enforced departure and whose authorized period of
stay has expired be given notice of expiration of nonimmigrant
status. This notice will be nonadversarial in nature and will
explain the options available. This action provides for
notification equivalent to that required by the bill.
5. Finally, you directed that I provide for enhanced
consideration under the immigration laws for individuals from any
country who express a fear of persecution upon return to their
country related to that country's policy of forced abortion or
sterilization.
I have directed that, with respect to all applications for
asylum, withholding of deportation, and refugee status, careful
consideration be given to applicants expressing fear of
persecution related to family planning policies of forced
abortion or sterilization. If an applicant establishes that the
applicant has refused to abort or to be sterilized, he or she
will be considered to have established a well-founded fear of
persecution. All other factors that may contribute to a
determination of eligibility for asylum, withholding of
deportation, and refugee status, will also be given additional
weight. These actions provide broader relief to persons fearing
coercive family planning policies than that provided by the bill,
which extended only to PRC aliens. Draft regulations to
implement this directive, effective upon publication, will be
available within a week.
In addition to these measures, INS has established an
Outreach Program to assist PRC aliens in the United States. INS
has held briefings and consultations with representatives of PRC
student leaders, the National Association of Foreign Student
Affairs, and private groups interested in the PRC, to inform them
of available options. Many INS district offices have also
arranged meetings with local Chinese community and educational
- 2 -
institutions. Each INS District Office has designated a point of
contact specifically to assist PRC nationals under this program.
INS field offices are also making every effort to expedite
the processing of applications for benefits provided under the
emergency relief measures. As of January 12, 1990, INS has
granted work authorization to 2,779 PRC nationals; granted
adjustment to permanent resident status for 87, with 108 cases
still pending; authorized a change in temporary status for 225;
and granted waivers of the foreign residence requirement of
section 1182 (e) for 70.
Initial results of the program indicate that these outreach
efforts have been successful and that PRC aliens are aware of the
available options and are filing applications. of course, I will
continue to monitor developments to assure the success of your
policy of providing necessary relief to PRC nationals present in
the United States.
Sincerely
Dick Thornburgh
Attorney General
- 3 -
Office of the Attorney General
Bashington, B. C. 20530
December 1, 1989
Honorable Gene McNary
Commissioner
Immigration and Naturalization Service
7100 Chester Arthur Building
425 Eye Street
Washington, D.C. 20536
Dear Commissioner:
I am writing to you with regard to an issue of great concern
to the President and this Department: the status of Chinese
nationals who, as of June 5, 1989, were present in the United
States ("Chinese aliens"). In order to eliminate any concern
about their status and to make clear that they are entitled to
remain in the United States, I am directing the Immigration and
Naturalization Service (INS) to undertake the following steps.
First, I have received a favorable recommendation from the
United States Information Agency that I waive the two-year
foreign residency requirement found in 8 U.S.C. § 1182 1182(e) (e) for
Chinese aliens who, as of June 5, 1989, were present in the
United States. I have determined that the admission of these
aliens into the United States is in the public interest.
Therefore, I hereby waive the two-year residency requirement for
any such alien. These waivers are irrevocable and may be
exercised until January 1, 1994 by any such alien who makes a
nonfrivolous application for adjustment or any change of status.
8 U.S.C. § 1182(e).
Second, I direct that Chinese aliens who were in lawful
status as of June 5, 1989 shall be considered to have maintained
lawful status for purposes of adjustment of status or change of
nonimmigrant status.
Third, INS shall grant all Chinese aliens the necessary
authorization to engage in employment.
Fourth, any Chinese aliens who are eligible for deferral of
enforced departure and whose authorized period of stay has
expired shall be given a notice of expiration of nonimmigrant
status. Such notice shall be nonadversarial in nature and shall
contain an explanation of the options available to such aliens
pursuant to my directives and those of INS.
Finally, with respect to the adjudication of all applica-
tions to the Executive Branch for asylum, withholding of
deportation, or refugee status, careful consideration shall now
be given to such an applicant who expresses a fear of persecution
upon return to their country related to that country's family
planning policy of forced abortion or coerced sterilization. If
the applicant establishes that such an applicant has refused to
abort or be sterilized, then the applicant will now be considered
to have established a well-founded fear of persecution on the
basis of political opinion. 8 U.S.C. § 1101 (a) (42). All other
factors (such as overt political activities, membership in an
ethnic or religious minority, and family background and history)
which may contribute to a determination that an applicant is
eligible for asylum, withholding of deportation, or refugee
status, are also to be given additional weight. INS shall, in
consultation with the Executive Office for Immigration Review and
the Department of State, issue any necessary implementing
regulations.
Sincerely,
Dick Thornburgh
Attorney General
cc: David L. Milhollan
STATES
PUBLIC
DIPLOMACY
IN CHINA
A report OF the
UNITED STATES
ADVISORY COMMISSION
on public DIPLOMACY
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
November 30, 1989
STATEMENT BY THE PRESIDENT
On the 6th of June, following the tragic events in China, I
took action to guard against the chance that any Chinese student
would be forcibly returned to face possible persecution.
Today I re-emphasize my commitment -- as I have told Chinese
students in America, and as I have told Congress -- to never
allow any action that would force the return of Chinese students
if their lives or liberty are at risk. Because of this firm
commitment, I am supportive of the humanitarian principles
underlying H.R. 2712.
For these same humanitarian reasons, I have today taken
administrative action that will offer the same protections as
those provided for in H.R. 2712. I have instructed the Attorney
General to take the steps necessary to extend administratively to
all Chinese students in the United States the same benefits that
H.R. 2712 would have extended. In addition, I have exercised my
authority to provide opportunity for employment to a wider class
of Chinese aliens than the bill would have required. And --
going further than the bill's provisions concerning asylum cases
arising in connection with China's family policies -- I have also
instructed the Attorney General to ensure that this provision is
implemented administratively and in such a way as to offer this
protection to all foreign nationals, regardless of their country
of origin.
Because these administrative steps make it unnecessary, I
have at the same time disapproved H.R. 2712. My Administration
has opposed Congressional micromanagement of foreign policy.
Such legislation puts America in a straightjacket and can render
us incapable of responding to changing circumstances. H.R. 2712
is inconsistent with this policy.
The Chinese students should know that this is not a
temporary action. America will always stand with them, and with
freedom-loving adhere men and women around the world. I will always
# # #
Extended Page
1.1
B6
WEDNESDAY, NOVEMBER 29. 1989
DAVID LAVENTHOL, Publisher and Chief Executive Officer
RICHARD T. SCHLOSBERG ПІ, President and Chief Operating Officer
SHELBY COFFEY III, Editor and Executive Vice President
DONALD H. CLARK, Executive Vice President, Marketing
Nos Angeles Times
JAMES D. BOSWELL, Vice President, Employee and Public Relations
A Times Mirrer Newspaper
JEFFREY S. HALL, Vice President
Publishers
LAWRENCE M. HIGBY, Vice President
HARRISON GRAY OTIS, 1882-1917
WILLIAM A. NIRSE, Vice President and General Counsel
HARRY CHANDLER, 1917-1944
NORMAN CHANDLER, 1944-1960
GEORGE COTLIAR, Managing Editor
OTIS CHANDLER, 1960-1980
ToM JOHNSON, 1980-1989
THOMAS PLATE, Editor of the Editorial Pages
Chairman, 1989
FRANK DEL OLMO, Deputy Editor of the Editorial Pages
A Matter ofHonor
If President George Bush vetoes a measure that
spokesmen also argue that if they are compelled to
would halt the forced repatriation of more than
go home, those among the Chinese students who
30,000 Chinese students now living in the United
survive and prosper will constitute a future bloc of
States, his Administration doubtless will defend his
pro-American sentiment. Such calculation may be
action as realistic. In fact, it will be dishonorable.
characterized by some as Realpolitik; others with a
It also will be pointless, since both the House and
clearer eye will see it as moral squalor.
Senate passed the bill by margins more than
In the Middle Ages, Europe's churches were
sufficient to override a presidential veto. While the
places of inviolable sanctuary for the persecuted.
Administration seems to believe that it can deny
As the cathedral of democracy, the United States
the implications of last June's massacre of peaceful
has provided similar refuge for those courageous
pro-democracy demonstrators in Tian An Men
enough to act in defense of human rights. Over the
Square and put Sino-American relations back on a
past two centuries, this Republic has sheltered
business-as-usual footing, Congress harbors no
Poles victimized by czarist usurpation and Irish
such delusions.
Fenians struggling under the yoke of British
Speaking on the House floor last week, Demo-
imperialism, visionary Zionists and Hungarian
crat Nancy Pelosi of San Francisco, author of the
freedom-fighters, early Korean opponents of Japa-
bill to allow the Chinese students to remain here
nese militarism and the first champions of Czecho-
after their visas expire in June, was clear on the
slovak freedom.
fate that awaits them if they are forced to return
Now, Congress wishes to extend the American
home: "We can be certain," she said, "that most of
people's protective hand of friendship to young
these students will be subject to
repression."
people who have risked their very lives in the
In the Administration's view, this chilling fact
cause of Chinese freedom. If the Bush Administra-
must be discounted in the interest of maintaining
tion puts its power in the way of that altogether
open Sino-American relations. Privately, its
decent gesture, it will incur lasting shame.
11. 30. 88 11:44AM %ARENT FOX
P O 2
Burlington Free Press
November 30, 1989
wy
steprather, raped and otherw
increasing the income tax rate.
molested the little girl. Stephar
was not only aware of what he
pened, she encouraged her o
Help Chinese students
daughter to cooperate.
Because her husband was
the Army and the crime occurr
P
resident George Bush appears ready to abandon American
in military housing, both we
support for basic human rights in exchange for improving
tried in federal district court
U.S. relations with the tyrants in Beijing who massacred
Kentucky.
their own people just six months ago in Tiananmen Square.
The husband pleaded guil
White House spokesmen have said Bush may veto B bill that
and was sentenced to 20 years
swould provide four-year visa extensions for Chinese students in the
prison.
United States. The measure, which passed the House unanimously
Stephanie was found guilty
and the Senate on a voice vote, also waives a requirement that the
aiding and abetting her husba
students return home before getting new visas,
and received an eight-year Be
A visit to China could mean imprisonment or execution for
tence.
students who spoke out in support of pro-democracy demonstrations
The child, of course, was tak
For most, returning home will likely mean permanently losing their
from her and placed with fost
freedom to live and study outside China.
parents.
The White House claims that a visa clemency program Bush
But the story doesn't end ther
offered provides all the opportunity the students need to wait out
After serving about thr
the crackdown in China. But that program ends in June 1990. Few
years of her sentence, Siephan
students have applied for the waiver, no doubt not wanting to risk
was paroled. But her legal difi
repercussions from their government for delaying their scheduled
culties didn't end with her parole
return dates.
Stephanie is not a citizen
this country. She is German. SI
The United States can do little to help Chinese who live under
met the degenerate while he W
the rule of Beijing's dictators. But we can, and must, help people
stationed in Germany. They me
who are visiting America and are afraid to go home. Their lives,
ried and she and her daughte
and American commitment to human rights in all countries, is far
came here with him.
more vital to U.S. interests than rebuilding relations with a regime
Because she isn't a citizen, at
that murders its people.
could be deported. The immigr
tion laws say that If an alien
Forum
convicted of R crime involvin
"moral turpitude" within fiv
years of coming bere, the alle
Bus stop action
more in-depth coverage of labor
can get the boot.
issues throughout the city, state
There has been a reference in
Bo the immigration authoritie
and country and to work quickly
decided that there was somethin
your paper to the unsafe bus stop
towards a contract resolution with
at Surie Wilson Road.
reprebensible about allowing one
its own employees.
The public can be assured that
LEN SCHMIDT
COTA has taken immediate action
Starksboro
to (change the location of its bus
Insurance
stop. As a temporary measure,
Yankee support
patrons who used to board or
That the Salvadoran army
WASHINGTON - Consume
disembark at Suste Wilson Road
killed six American priests is not
will be required to walk to the bus
advocates are taking scissors
1
too surprising. After all it was
stop at the east entrance of Fort
only a few years ago that they
the vell of mystery and complex
Ethan Allen. The town of Essex
raped and killed four American
ty that shrouds the insurance 1
will maintain 8 walkway from the
nuns, and only a while before that
dustry, and the industry is in
but stop to Susle Wilson Road and
they assassinated their own arch-
panic,
keep It clear in the winter. The
bishop. Five decades ago they
That panic surfaced at a E
bus will not stop at Susie Wilson
massacred 25,000 Indians that
cest Insurance convention the
Road.
they lured into & city square. And
A permanent solution is being
turned into a vicious pro-Industr
betwixt and between they have
assessed with the town of Essex.
rally when John Crosby, vice pre
murdored countless of their own
Alternatives will be evaluated to
ident of the National Associatic
civilians.
see how we can provide better
They are now what they al-
of Independent Insurers, took th
service that will be safe and ac-
ways have been, ruthless fasciats
podium. In a carefully crafte
commindating. The change will be
who enjoy nothing better than
analogy, he suggested that propa
built Into our schedule at a future
butchering helpless people. It is
ganda espoused by consume
date and the public will be noti-
obvious that they are also cow-
groups "parallels Hitler" and the
fied.
ards and have no soldier's valor
deception of the Third Reich.
The safety of our patrons is
or stomach for fighting, or they
Important to us. We hope that the
Crosby jumped on the consun
would have dislodged the rebels
sedurity of the new stop will be
or advocates who criticize th
from their capitol.
worth the inconvenience of walk-
What is surprising and disgust-
insurance industry for taking bi
ing to the shopping centers in that
ing is that we continue to arm and
profits. "Ralph Nader wants or
visinity.
teals
Persian ruge off our floors, h
11. 30. 89 10:4SAM *ARENT FOX
P 0 2
WILLIAM LOES, President and Publisher, 1946-1981
NACKEY 5. LOSS, President and Publisher
Where the Spirit of the Lord Is, There Is Liberty
II CORINTHIANS 3:17
"There is nothing so powerful as truth"
DANIEL WEBSTER
Sign It, Mr. President!
Perhaps there was more than
Students Association at Harvard
meets the eye to President George
University, Zhexi Lro, pointed out in
Bush's seemingly inexplicable reti-
at letter sent Tuesday to The Union
cence dramatically to proclaim East
Leader:
Germany's momentous opening of the
What is at stake is the very
Berlin Wall as a victory for freedom
survival of the Chinese student
and decades-old U.S. policy. Perhaps
pro democracy movement in the U.S.
the President's reluctance involved
The Chinese government has
more than his personal style, more
silenced the voice of democracy in
than his proclaimed desire not to
Tinanmen Square by violence. Now it
appear to be gloating as the Malta
attempts to silence the voice of
conference with Soviet leader Mik-
democracy for China in the U.S. by
hail Gorbachev approached.
Intimidation."
Perhaps, just perhaps, Bush
Will the President himself be
sensed that it would be poor form to
Intimidated? It would appear that he
already has been. While he has acted,
through his administration's Extend-
ed Deferred Departure Program, to
assure the Chinese students that they
won't be deported until next June 5th.
he knows full well - or has every
reason to know - that few Chinese
students have been naive enough to
apply for EDD's "protection." In the
words of the student leaders of
IFCSS
"Once a student enters the pro-
gram, there is no way out and they
will be deported to China in June
PRESIDENT BUSH
1990. Students entering the EDD
be perceived as extolling the extraor-
program offend the Chinese govern-
dinary flowering of democracy and
ment and they will be marked as
freedom in Eastern Europe even as he
traitors; for these reasons, students
was preparing to slam the door of
will not apply. Many would rather go
freedom in the face of 40,000 Chinese
underground than face the conse-
students studying In the United
quences of political persecution upon
States -slam it. that is, for fear of
their return to China. This is not a
uffending the Butchers of Tiananmen
bill of immigration, but a bill of
Square.
human rights.
11. 30. 89 10 46AM *ARENT FOX
SO 07 10.30 UNION LEHDER NEWSROOM 6035680386
F.99
p.2
Even Yas the encouraging news
And who opposes this bill? Cer-
came in from Berlin. administration
tainly not Congress. Certainly not the
representatives were passing the
people of the United States. No. H.R.
word that the President was prepar-
2712 is opposed by the State Depart-
ing to veto (or pocket veto) the
ment, which fears that its enactment
Emergency Chinese Immigration Re-
would hamper offorts to restore
llef Act of 1989, which would waive
Sino-American relations to their
the requirement that Chinese stu-
pre-June levels and. of immediate
dents and scholars here on visas must
concern, anticipates that the Chinese
return to their home country for a
government would react to the Presi-
minimum of two years. And now that
dent's signature by suspending edu-
both houses of Congress have passed
cational exchange programs!
the measure without a single dissent-
Well, Beijing's attitude toward
ing vote, passed it with bipartisan and
Sino-American relations can be seen
liberal and conservative support that
in its suspension last June of the
ranged from Massachusetts' Senator
Fulbright program under which
Edward Kennedy to New Hamp-
American scholars study in China and
shire's Senator Gordon Humphrey,
by its move to reduce to a trickle the
the moment of Presidential decision
number of Chinese scholars who have
is at hand.
been able to leave China under the
WIII Bush consign these students,
Exchange Visitor Program. More-
united under the umbrella of the
over, warned 28 U.S. senators (not
Independent Federation of Chinese
Including New Hampshire's Warren
Students and Scholars, officially de-
Rudman) in a November 22nd letter
wignated a "counterrevolutionary" or-
to the President:
ganization by the Chinese govern-
It is clear that the Chinese
ment. to a future that is at best
government will send here only the
uncertain, at worst life-threatening,
most ideologically tested and rell
or will he resist efforts of Chinese
able' students for the oreseable
diplomats to intimidate them here in
future, and, should Beijing decide in
this land of the free by signing H.R.
the future to restore the ulbright
2712 into law? (See also Cal Thomas'
program, there is no doubt that our
timely column elsewhere on this
scholars would be subjected to far
page. -Editors)
greater scrutiny than they were before
The President knows that these
the Tianaumen massucre."
students are "criminals" in the eyes of
Will the President stand with the
the Beijing regime. He knows that
students who played such a vital role
Xiang Cunyl, vice chairman of the
in the pro-democracy movement in
Judiciary Committee of the National
China? Or will he aid and abet the
People's Congress of China, only
campaign of intimidation that Chil
recently announced that Chinese
nese authorities have waged against
citizens who committed "counterreu-
them by vetoing (or pocket vetoing)
olutionary crinte" in foreign countries
this bill?
will be punished when, their visas
We anticipate the latter. We pray
expired, they return to China.
we are wrong.
As the chairman of the Chinese
Jim Finnegan
p.3
Page
Classified 1
AUTOMOTIVE EMPLOYMENT
INSTRUCTIONS PERSONALS
Playing Checkers With Chinese Students' Lives
By CAL THOMAS
In a letter to President Bush, a
drove them to such visible opposition to
F PRESIDENT BUSH fails to.
confition of libera' and conservativo.
the Communist regime in Beijing. Now
sign the Emergency Chinese
senators, including Kennedy and Wil-
they feel threatened by the very
Immigration Relief Act by Dec.
liam Armstrong (H-Colo.), wrote: "Our
country which serves as their model for
2. as many as 32,000 of the 40,000
first priority must be to stand with the
freedom.
Chinese students in the United
students who are here and have played
Lianchao tells me, "We have no plans
States may be forced to return home
such a significant role in the pro-demoe-
to stay here forever only until things
beginning next June. There. they could
racy movement in China."
get better in China. We want to go back
face punishment for their support of the
Recently I had dinner with some
eventually."
pro democracy movement that erupted
Chinese students who attend the Uni-
Zhang Yiquan, a 32-year-old physics
versity of Maryland One, who asked
student, who is married and has a
last spring.
Some administration officials oppose
that his name not be used, told me, "If I
darighter, thinks China will open up
am foreed to go back, ] could be sent to a
eventually. "In June, I thought il
the bill because
labor camp and required to make
shouldn't be longer than two years, he
they say it would
prevent other Chi-
confessions. My impression is that they
says. "Now 1 think it will be no longer
nese students from
know exactly what I have been doing
than 10 years."
here. One erabassy official told me of
As Sen. Kennedy nated during the
coming here. But
debate on the bill, "These students and
this is preposter-
some very private details involving my
Tamily at home, including arguments
scholars are living representatives of
ous. China suspend-
al its participation
family members had concerning wheth-
the dream for democracy in China. Bol
this dream could be dashed in an
in the Fulbright
er I should marry my wife. I look part in
the pro democracy demonstrations in
instant if they are required to return
scholarship pro-
gram in June, and
Washington. I saw them taking my
against their will. At best, they may join
those Chinese democratic leaders who
the number of Chi-
picture."
are in the human rights underground.
nese scholars allowed to leave the
Thirty-three-year-old Lianchao Han
At worst, they could well join their
country under the Exchange Visitor
of Beijing is a law student. "When I was
Tianammen colleagues in artyrdom."
Program has slowed to a trickle. And, as
at Yale Law School I was contacted by
The. United States is protecting
Sen. Edward Kennedy (D-Mass.) ar-
an official from the. Chinese Embassy
astrophysicist Fang 1.i Zhi and his
S
gued during the floor debate, "only the
who came to New Haven and asked for
family in the American Embassy in
most ideologically tested and 'reliable'
my passport; which I gave to him," be
Beijing President Bush has told me
students" will be allowed out for the
said. Lianchao helped build the Ameri-
they can stay as long as there is a threat
foreseeable Inture anyway
0
can replica of the Goddess of Democrá
to their safety. If we canoffer safe haven
Many of these Chinese students in
cy statue" erected: last spring in
to one family in Beljing, we ought to
America are converts to democracy
Tiananmen Square. He wears"a sweat
grant similar protéction to 32,000
from doctrinaire communism. IS they
shirt with the words, "We have a dream,
students already in America. If we do
admire the ideals of demacracy, why
Freedom, Democracy, China, China,
not, then these students, and their
00
should our democratic government put
China"
friends and relatives at home, have a
them back in the clotches of a system
The students told me they were
right to conclude that democracy is a
that would embrace them like Venus!
convinced they would return to a free,
sham and that those who died in
flytraps?
or at least freez, China, and that is what
Tiananmen Square were fools.
MANCHESTER RAILROADED
A4
THURSDAY, NOVEMBER 30, 1989
ra
50
DAILY@NEWS
220 E. 42d St. New York, N.Y. 10017
JAMES HOGE, Publisher and President
JAMES P: WILLSE, Editor
MICHAEL PAKENHAM, Editorial Rage Editor
Don't betray
the Chinese students
L
YING UNSIGNED ON PRESIDENT BUSH'S desk is a
bill that could save hundreds, perhaps thousands, of lives
and yield a major contribution to America's pool of
brainpower. It passed the House by a vote of 403 to 0 with the
Senate going along by voice vote. There is absolutely nothing
wrong with the measure - U.S. terms: But the Communist
warlords.of Beijing don'tlike it, Not a bit. And there is talk that
Bush may give in to their pressure and veto.
That would be tragic.
The bill would affect the 40,000 Chinese citizens who are in
the U.S. today by virtue of student visas. Such visas are issued
for fixed periods of time: Under existing law, when one expires
the person holding it must go home for at least two years before
applying for another U.S. visa, student or otherwise.
That makes a good deal of sense for the U.S. and for students'
home countries. Under normal circumstances.
These are not normal circumstances for Chinese students.
The bloodbath at Tiananmen Square on June 4 made that
very clear. The Chinese government's position is that dissent-
ing students deserve to be shot, imprisoned indefinitely or ex-
iled to labor camps - without due process or hope. The whole
world saw that played out, and heard wonderful stories of cour-
age and horrible ones of repression - a lot of that through con-
tacts made by the students this legislation seeks to protect.
It would simply give the Chinese students four years more to
live in the U.S., at which time they could apply for additional
visas without returning to China. The majority of them are
studying scientific or technical subjects. Those are skills and
knowledge that are in very short supply in U.S. industry, educa-
tion and government. The majority of the students would be
very high risks in today's police state in China.
Why would Bush veto such a bill? Simply because the Chi-
nese are demanding that he do so - and threatening to chill
other relations with the U.S. if he fails them.
To give in to such blackmail would be pitiful. To allow Ameri-
can due process to force thousands of Chinese back to a terrify-
ing fate would be outrageous. The bill must become law.
New York Post
THURSDAY, NOVEMBER 30 1989
Don't force students back to China
On Tuesday, a delegation of Chinese
a government that has just massacred
students studying in America pre-
thousands of its best and brightest
sented the White House with an urgent
young people students whose only
request. They asked President Bush to
"crime" was peaceful protest aimed at
sign a bill which both houses of Con-
democratization?
gress passed last week by overwhelm-
Chinese embassy officials in this
margins
country have reportedly been harass-
The bill would allow the 40,000 Chi-
ing Chinese students active in the
nese students currently in the United
democracy movement - threatening
States to extend their student visas -
reprisals against them and their fami-
SO that they won't be be forced to return
lies, If the Bush administration de
to China when the visas expire. In light
prives these students of legal grounds
of the massacre at Tiananmen Square
to remain here, it will implicitly assist
last spring, and the ongoing repression
the Chinese government in this policy
in China, the bill makes a great deal of
of intimidation.
sense.
Indeed, America's strategic interests
Unfortunately, President Bush is
require us to take a long view: China's
threatening either to veto the measure
future probably lies with those univer-
outright, or tolignore it, thus killing it
sity students - in China, here and else-
by pocket veto.
where - who yearn to oust the Marxist
Apparently, the State Department is
gerontocracy in Beijing In the long
recommending such a course, claiming
run, fruitful ties between China and the
that the legislation will offend the Chi-
United States rest on our relationship
nese government, and put further ex-
with the students. Cultivating an ami-
change programs at risk:
cable relationship with the aging ideo-
Beijing, having crushed the student
logues who are now forcing students
opposition movement inside China, is
throughout China to undergo Orwellian
doubtless eager to get its hands on stu-
're-education" programs is both un-
dents who are keeping the flame alive
seemly and - in terms of long-term
in the United States. For China's cur-
American interests - unwise.
rent rulers, the students are both valu-
Finally, it is clear that most of the
able intellectual capital and - SO long
Chinese students now in the United
as they are free - a political threat.
States are a highly talented and moti-
On humanitarian grounds alone, it
vated group - many have advanced
would be wrong for the President to
training in science and engineering. If
veto this legislation - the fate of the
worst comes to worst in China and the
students compelled to return may well
repression continues, many of these
be grim. Our failure to afford them ref-
students could and would - as immi-
age would amount to delivering them
grants - make a valuable contribution
into the hands of regime inclined to
to American life, just as have hundreds
do them harm.
of thousands of refugees from oppres
Moreover, what strategic interests
sion throughout American history.
call on America to endeavor to appease
We urge the President to sign the bill
THE WHITE HOUSE
WASHINGTON
November 30, 1989
MEMORANDUM FOR THE SECRETARY OF STATE
THE ATTORNEY GENERAL
THE DIRECTOR OF THE UNITED STATES
INFORMATION AGENCY
As you know, I wish to improve the immigration status of
nationals of the People's Republic of China currently in the
United States. At my direction, a number of measures already
have been taken to accomplish this.
I now direct you to take further action, pursuant to your
authorities under law, including the Immigration and
Nationality Act, to provide, to persons covered by the
Attorney General's June 6th order deferring the enforced
departure for nationals of China:
1. irrevocable waiver of the 2-year home country
residence requirement which may be exercised until
January 1, 1994;
2. assurance of continued lawful immigration status
for individuals who were lawfully in the United States
on June 5, 1989;
3. authorization for employment of Chinese nationals
present in the United States on June 5, 1989; and
4. notice of expiration of nonimmigrant status,
rather than institution of deportation proceedings, for
individuals eligible for deferral of enforced departure
whose nonimmigrant status has expired.
In addition, I direct that you provide for enhanced
consideration under the immigration laws for individuals from
any country who express a fear of persecution upon return to
their country related to that country's family planning policy
of forced abortion or coerced sterilization.
2
These further actions will provide effectively the same
protection for nationals of China as would H.R. 2712 as
presented to me on November 21, 1989.
These measures should be taken today, November 30, 1989. I
request that you report to me on the status of your actions
under this memorandum within 45 days.
11. 30. 89 11:44AM *ARENT FOX
P 0 3
The News and Courier
ARTHUR M. WILCOX. Editor
Founded Jan. 10, 1803
MICHAEL J. BONAFIELD, Associate Editor
ROBERT J. cox. Assistant Editor
CHARLESTON, S.C. THURSDAY. NOVEMBER 30, 1989 PAGE 14-A
When Peking demands, say no
resident Bush has to be a contortionist
students currently studying in the United
P
in his policy on China - maintaining
States would find themselves in jail, possibly
close ties with Peking while admon-
facing execution or, at the very least, "re-
ishing the communist gerontocracy for its
education" if they were forced to return to
murderous suppression of democracy.
China, as Peking wishes.
The line between a normal diplomatic re-
It is suspicious that the Peking regime is
lationship and the limits and conditions that
demanding that the president veto the act.
Washington has been insisting upon in its
And that is one very good reason for Mr. Bush
dealings with Peking is easily blurred. Rich-
to refuse to give in to such a demand, and
ard Nixon achieved exactly the right balance
ignore those diplomats in the State Depart-
during his recent visit to China. He didn't
ment who appear to be suffering from that
mince words in letting his old friends know
professional disease known as "elientitis."
that they will not be allowed to get away with
Those afflicted with it tend to put the inter-
the massacre of students that ended the Pe-
ests of the country to which they are assigned
king Spring in a welter of bloodshed. But he
ahead of those of the United States.
made it equally clear that the United States
President Bush should either sign the
values its relationship with China. Henry Kis-
Emergency Chinese Immigration Relief Act
singer, however, failed to impress upon the
without delay or make it clear that the Unit-
Sumn
Chinese leadership the importance that the
ed States will remain a haven for those stu-
American people - and, to a lesser extent,
dents whose lives would be in danger if they
the U.S. government - places on the basic
were forced to return. To please the diplo-
Gorba
rights of every individual to express himself
mats who want to make their clients happy,
freely and go about his lawful business with-
he should suggest an easy and painless way
By George F. W
out official interference.
for the old men of Peking to solve the prob-
WASHINGTON -
It is in the blurred area between the State
lem. All they need do is heed the students,
believes that he at
Department's wish to improve relations with
who were speaking for the people of China,
bachev have a
Peking and the American's people's desire to
and give democracy a chance. The reforms
ground rule: No su
Gorbachev might
see rule of law and, eventually, democracy in
sought by the pro-democracy movement
a gigantic diplore
China, that several thousand Chinese stu-
would benefit the Chinese people - at the
cause of his envelo|
dents who are studying in the United States
relatively minor cost of causing the genon-
sis, which is the
are caught. The Chinese authorities are de-
tology some slight discomfort. President
exhaustion of human
socialism.
manding that President Bush veto an act of
Bush could sugar the pill when he spurns the
A Warsaw joke:
Congress that would have allowed the stu-
Chinese government's demand that the sto-
lutions to Poland's
dents to stay in this country until such time
dents be sent home, by telling Deng Xiaoping
one rational. the <
as it is safe for them to return. It is estimated
and company that the future these days isn't
The rational one I
that as many as 32,000 of the 40,000 Chinese
red. The future is democracy.
Crestochowa appel
lion. The miraculo
Poles become indu
An unethical business
The damage soci
social vigor is just
understood. Bush
what Gorbachey
T
he conviction of a man for knowingly
deficiency virus in the man's blood was de-
Perestroika will fa
selling his tainted blood to a plasma
tected. and the plasma destroyed. he did not
society the with
in North Charleston raises a
expose anyone else the the risk of contacting
modernization. So
subs
4th
Replacement for Paragraph on Page 2
I have under current law sufficient authority to provide the
necessary relief for Chinese students and others who fear
returning to China in the near future. I will continue to
exercise this authority vigorously, and the protection accorded
under this authority will not be revocable.
Manchester NH
WILLIAM LOES, President and Publisher, 1946-1981
NACKEY S. LOSS, President and Publisher
Union Leader
Where the Spirit of the Lord Is, There Is Liberty
ILCORINTRIANS
11/30/89
'There is nothing so powerful as truth"
DANIEL WEBSTER
Sign It, Mr. President!
Perhaps there was more than
Students Association at Harvard
meets the eye to President George
University, Zhexi Lin, pointed out In
Bush's seemingly inexplicable reti-
a letter sent Tuesday to The Union
cence dramatically to proclaim East
Leader:
Cermany's momentous opening of the
"What is at stake is the very
Berlin Wall as a victory for freedom
survival of the Chinese student
and decades-old U.S. policy. Perhaps
pro-democracy movement in the U.S.
the President's reluctance Involved
The Chinese government has
more than his personal style, more
silenced the voice of democracy in
than his proclaimed desire not to
Tinanmen Square by violence. Now It
appear to be gloating as the Malta
attempts to silence the voice of
conference with Soviet leader Mik-
democracy for China in the U.S. by
hail Gorbachev approached.
intimidation."
Perhaps, just perhaps, Bush
Will the President himself be
sensed that It would be poor form to
Intimidated? It would appear that he
already has been. While be has acted,
through his administration's Extend-
ed Deferred Departure Program, to
assure the Chinese students that they
won't be deported until next June 5th,
he knows full well - or has every
reason to know - that few Chinese
students have been naive enough to
apply for EDD's "protection." In the
words. of the student leaders of
IFCSS:
Once a student enters the pro-
gram, there is no way out and they
will be deported to China in June
PRESIDENT BUSH
1990. Students entering the EDD
be perceived as extolling the extraor-
program offend the Chinese govern-
dinary flowering of democracy and
ment and they will be marked as
freedom in Eastern Europe even as he
traitors; for these reasons, students
was preparing to stant the door of
will not apply. Many would rather go
freedom in the face of 40,000 Chinese
underground than face the conse-
students studying in the United
quences of political persecution upon
States -slam It. that is, for fear of
their return to China
This is not a
offending the Butchers of Tlananmen
bill of immigration. but n bill of
Square.
human rights.
contenues on p. 2
11. 30 89 09:58AM *ARENT FOX
P.94
so = 10.50 UNION LEADER NEWSROOM
Replacement for Paragraph on Page 2
I have under current law sufficient authority to provide the
necessary relief for Chinese students and others who fear
returning to China in the near future. I will continue to
exercise this authority vigorously, and the protection accorded
under this authority will not be revocable.
there
LIST OF PARTICIPANTS FOR THE
MEETING WITH CHINESE STUDENT LEADERS
November 30, 1989
Liu, Yong Chuan (Mr.)
Previously studied at Beijing University.
Presently enrolled at Stanford University, pursuing a Ph.D.
in Sociology.
Mr. Liu is the President of the Independent Federation of
Chinese Students and Scholars in the United States (IFCSS).
The IFCSS was founded in Chicago in July 1989. About 500
Chinese students and scholars from 202 U.S. Universities
were present at their first Congress
Han, Lian Chao (Mr.)
Previously studied at the Foreign Affairs College of
Beijing.
Has completed a Master of Law at Yale University.
Zhao, Haiqing (Dr.)
Previously studied at Beijing University.
Presently enrolled at Harvard University, pursuing a Post
Doctorate degree in Biochemistry.
Huang, Yuangeng (Mr.)
Previously studied at Transportation University in Shanghai.
Presently enrolled at the University of Maryland, pursuing a
Ph.D. in Computer Science.
Wides, Burton
Lawyer for the Chinese students.
Presently affiliated with the Washington, D.C., law firm of
Arent, Fox, Kintner, Plotkin & Kahn.
u/30 - 10:00
MEMORANDUM OF DISAPPROVAL
In light of the all-encompassing action I have taken today,
I am withholding my approval of H.R. 2712, the "Emergency Chinese
Immigration Relief Act of 1989." My action today makes H.R. 2712
wholly unnecessary.
I share the objectives of the overwhelming majority in
Congress who passed this legislation. Within hours of the events
of Tiananmen Square in June, I ordered the Attorney General to
ensure that no nationals from the People's Republic of China be
deported against their will, and no such nationals have been
deported. Since June, my Administration has taken numerous
additional and substantive actions to further guarantee this
objective.
Today I am extending and broadening these measures to
provide additional protections. I am directing the Attorney
General, the Secretary of State, and the Director of the United
States Information Agency to provide additional protections to
persons covered by the Attorney General's June 6th order
deferring the enforced departure for nationals of China. These
protections will include: (1) waiver of the two-year home
country residence requirement; (2) assurance of continued lawful
immigration status for individuals who were lawfully in the
United States on June 5, 1989; (3) authorization for employment
of such persons; and (4) notice of expiration of nonimmigrant
status, rather than institution of deportation proceedings, for
individuals eligible for deferral of enforced departure whose
nonimmigrant status has expired.
In addition, I have directed that enhanced consideration be
provided under the immigration laws for individuals who express a
from any country
fear of persecution upon return to their country related to that
country's family planning policy of forced abortion or coerced
sterilization.
These further actions will provide effectively the same
protection for nationals of China as would H.R. 2712 as presented
to me on November 21, 1989. My action today provides complete
assurance that the United States will provide to Chinese
nationals here the protection they deserve.
It has always been my view, and it is my policy as
President, that the United States shall not return any person to
a country where he or she faces persecution.
I have under current law sufficient authority to provide the
necessary relief for Chinese students and others who fear
returning to China in the near future. I will continue to
exercise vigorously this authority.
Maintaining flexibility in administering our productive
student and scholar exchange program with China is important. As
many as 80,000 Chinese have studied and conducted research in the
United States since these exchanges began. I want to see these
exchanges continue because it is in the national interest of the
United States to promote the exchange of technical skills and
democratic ideals between Chinese and Americans. It is my hope
that by acting administratively, we will help foster the
continuation of these programs.
My actions today accomplish the laudable objectives of
Congress in passing H.R. 2712 while preserving my ability to
manage foreign relations.
I believe that China will return to the policy of greater
freedom pursued before June 3rd. I further believe that the
Chinese visitors would wish to return to China in those
circumstances. It would be the goal of my Administration to
ensure that the knowledge and experience gained by the Chinese
visitors temporarily in our country be applied to help create a
freer and more prosperous China.
The adjournment of Congress has prevented my return of
H.R. 2712 within the meaning of Article I, section 7, clause 2 of
the Constitution. Accordingly, my withholding of approval from
the bill precludes its becoming law. The Pocket Veto Case, 279
U.S. 655 (1929). Because of the questions raised in opinions
issued by the United States Court of Appeals for the District of
Columbia Circuit, I am sending H.R. 2712 with my objections to
the Clerk of the House.
MEMORANDUM OF DISAPPROVAL
In light of the all-encompassing actions I have taken
in June and again today, I am withholding my approval of
H.R. 2712, the "Emergency Chinese Immigration Relief Act of
1989. " These actions make H.R. 2712 wholly unnecessary.
I share the objectives of the overwhelming majority in
the Congress who passed this legislation. Within hours of the
events of Tiananmen Square in June, I ordered the Attorney
General to ensure that no nationals from the People's Republic
of China be deported against their will, and no such nationals
have been deported. Since June, my Administration has taken
numerous additional and substantive actions to further
guarantee this objective.
Today I am extending and broadening these measures to
provide the same protections as H.R. 2712. I am directing the
Attorney General, the Secretary of State, and the Director of
the United States Information Agency to provide additional
protections to persons covered by the Attorney General's
June 6th order deferring the enforced departure for nationals
of China. These protections will include: (1) irrevocable
waiver of the 2-year home country residence requirement which
may be exercised until January 1, 1994; (2) assurance of
continued lawful immigration status for individuals who were
lawfully in the United States on June 5, 1989; (3) authori-
zation for employment of Chinese nationals present in the
United States on June 5, 1989; and (4) notice of expiration of
nonimmigrant status, rather than institution of deportation
proceedings, for individuals eligible for deferral of enforced
departure whose nonimmigrant status has expired.
In addition, I have directed that enhanced consideration
be provided under the immigration laws for individuals from
any country who express a fear of persecution upon return to
their country related to that country's family planning policy
of forced abortion or coerced sterilization.
2
These further actions will provide effectively the
same protection as would H.R. 2712 as presented to me on
November 21, 1989. Indeed, I am exercising my authority to
provide opportunity for employment to a wider class of Chinese
aliens than the statute would have required. My action today
provides complete assurance that the United States will
provide to Chinese nationals here the protection they deserve.
It has always been my view, and it is my policy as
President, that the United States shall not return any person
to a country where he or she faces persecution.
I have under current law sufficient authority to provide
the necessary relief for Chinese students and others who fear
returning to China in the near future. I will continue to
exercise vigorously this authority. Waivers granted under
this authority will not be revoked.
Maintaining flexibility in administering our productive
student and scholar exchange program with China is important.
As many as 80,000 Chinese have studied and conducted research
in the United States since these exchanges began. I want to
see these exchanges continue because it is in the national
interest of the United States to promote the exchange of
technical skills and ideas between Chinese and Americans. It
is my hope that by acting administratively, we will help
foster the continuation of these programs.
My actions today accomplish the laudable objectives of
the Congress in passing H.R. 2712 while preserving my ability
to manage foreign relations. I would note that, with respect
to individuals expressing a fear of persecution related to
their country's family planning policies, my actions today
provide greater protection than would H.R. 2712 by extending
such protection worldwide rather than just to Chinese
nationals.
3
I deplore the violence and repression employed in the
Tiananmen events. I believe that China, as its leaders state,
will return to the policy of greater reform pursued before
June 3. I further believe that the Chinese visitors would
wish to return to China in those circumstances, in which case
I would hope that the knowledge and experience gained by the
Chinese visitors temporarily in our country be applied to help
promote China's reforms and modernization.
The adjournment of the Congress has prevented my return
of H.R. 2712 within the meaning of Article I, section 7,
clause 2 of the Constitution. Accordingly, my withholding of
approval from the bill precludes its becoming law. The Pocket
Veto Case, 279 U.S. 655 (1929). Because of the questions
raised in opinions issued by the United States Court of
Appeals for the District of Columbia Circuit, I am sending
H.R. 2712 with my objections to the Clerk of the House of
Representatives.
THE WHITE HOUSE,
November 30, 1989.
THE WHITE HOUSE
WASHINGTON
November 28, 1989
TO:
CHIEF OF STAFF
FROM: JAMES W. CICCONI
Assistant to the President and
Deputy to the Chief of Staff
Attached is the Congressional
letter on the Chinese student
bill.
Also enclosed is the memo you
asked me to write on pocket
veto Catch-22.
give
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02. Memo
From Jim Cicconi to John Sununu
11/28/89
P/5
Re: Disapproval of H.R. 2712: Immigration Relief for
Chinese Students (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
Issues Files
By If (NLGB) on 5/12/05
WHORM Cat.:
File Location:
H.R. 2712/Chinese Students (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29144-006
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
&
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
THE WHITE HOUSE
WASHINGTON
November 28, 1989
MEMORANDUM FOR THE CHIEF OF STAFF
FROM:
Jim Cicconi
SUBJECT:
Disapproval of H.R. 2712: Immigration Relief
for Chinese Students
In your conversations with the President on whether to sign or
veto the bill extending the stay of Chinese students, there is
an added point you should weigh carefully. This relates to the
pocket veto.
In short, to protect the President's prerogative to pocket veto
bills when Congress is not in session, we have maintained that
a return of the bill (i.e. a normal veto) is not possible since
there is no agent of the Congress empowered to accept it when
they are not meeting. Congress, of course, disputes this view;
we have, however, acted consistent with it so far.
Our quandary is this: if we pocket veto the bill, it is more
open to challenge by private plaintiffs (as opposed to Congress).
This is not ideal for a test case. It will also keep alive a
politically volatile issue throughout the court challenge. Finally,
if we lose, the bill becomes law.
If, on the other hand, we do a regular return veto (or a hybrid
of pocket and return) we will badly undercut our argument for
sustaining any future test of the pocket veto since, by returning
a bill when Congress is out, we implicitly agree that Congress
has an agent in town empowered to receive measures on its behalf.
I realize that I'm presenting you with a series of bad choices
if we do a regular return veto, we undercut our assertion of a
pocket veto power, and would quite possibly be overridden when
Congress returns in January. And if we pocket veto the bill, it
will be challenged in court on less than favorable (for us) legal
grounds, with attendant and lengthy press criticism during the
case.
Obviously, we will do our best whatever the President decides, but
I thought you should be aware of the problems. Boyden and I have
discussed the above, and he concurs.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
03. Memo
From Fred McClure to POTUS
11/28/89
P/S
Re: H.R. 2712: Emergency Chinese Immigration Relief Act
of 1989 (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
Issues Files
By SP (NLGB) on 12/12/07
WHORM Cat.:
File Location:
H.R. 2712/Chinese Students (1989) [2]
Date Closed:
12/2/2004
OA/ID Number:
29144-006
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review-Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA].
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
THE PRESIDENT HAS SEEN
THE WHITE HOUSE
WASHINGTON
November 28, 1989
MEMORANDUM FOR THE PRESIDENT
1989 NOV 28 PM 7: 07
FROM:
FREDERICK D. McCLURE
SUBJECT:
>
H.R. 2712; Emergency Chinese Immigration Relief
Act of 1989
This evening we received by hand delivery the attached
letter concerning H.R. 2712, the Emergency Chinese Immigration
Relief Act of 1989, signed by 55 Senators. You will note the
bipartisan nature of the signatories.
This measure is one of those in which we noted during floor
consideration that the Administration opposed the measure's
enactment. The letter was originated by Senators Bill Armstrong
(R-CO) and Ted Kennedy (D-MA). Kennedy is chairman of the
Immigration Subcommittee. Armstrong is the only member of the
Republican leadership who signed the letter. The Senate Majority
Leader, George Mitchell, is also a signatory. Senator Alan
Simpson (R-WY), ranking member of the Immigration Subcommittee,
made a very strong floor statement in opposition to the bill.
I decided to forward the letter to you, particularly given
the philosophical mix represented by the signers.
Attachment
United States Senate
WASHINGTON, DC 20510
November 28, 1989
The President
The White House
Washington, DC 20500
Dear Mr. President:
We are writing to urge you to support Chinese students
in America in their struggle for democracy in China by
signing into law the "Emergency Chinese Immigration Relief
Act of 1989.'
Today's extraordinary flowering of democracy in Eastern
Europe reminds us of a similar movement just a few months ago
in China, but which was brutally suppressed. This bill
adopted by Congress provides new hope to a beleaguered
democratic effort for freedom in China by protecting its most
effective representatives -- the Chinese students in America.
Yet, with every day that passes, more and more students
fall into unlawful status through the expiration of their
visas. And while you have acted to assure them they will not
be deported before June 5, 1990, they live in constant fear
that whatever they say or do in America today will bring
punishment should they be required to return after that date.
Our bill also establishes for the first time in our law
that asylum is available to victims of China's "one couple,
one child" policies. You vetoed one bill over U.N.
population funding for China; you should support this bill
which protects the victims of that same policy.
However, your representatives have indicated that this
important measure may be subject to a veto or pocket veto.
It is significant that the primary opposition to the bill
comes not from the United States, but from the Chinese
government -- the very government that ordered the troops
into Tiananmen Square in June.
Mr. President, your representatives have articulated
three reasons for a veto.
First, they claim that the Chinese government may
suspend educational exchange programs if this bill is
enacted. We ask you not to be intimidated by cynical threats
made in Beijing. China has already suspended the Fulbright
program in June, under which our scholars go there, and only
a handful of Chinese scholars have been able to leave China
under the Exchange Visitor Program in the past few months.
It is clear that the Chinese government will send here only
the most ideologically tested and "reliable" students for the
foreseeable future, and, should Beijing decide in the future
to restore the Fulbright program, there is no doubt that our
- 2 -
scholars would be subjected to far greater scrutiny than they
were before the Tiananmen massacre.
Second, your representatives state that the bill would
hamper efforts to restore Sino-American relations to their
I
pre-June levels. Our first priority must be to stand with
the students who are here and have played such a significant
role in the pro-democracy movement in China. The very fact
that so many of the students here have been harrassed by
officials of their own embassy for their pro-democracy
activities suggests their vulnerability if returned to China,
and this bill addresses that vulnerability in concrete,
legislative terms.
Finally, your representatives state that this bill is
not needed because the Attorney General has already acted to
defer any departures until next June But, Mr. President,
this is only a few months away. Students are already
concerned about their fate after that time, and have scaled
down their pro-democracy activities as that deadline
approaches. Many even fear that to participate in the
Attorney General's deferred departure program becomes an act
of rebellion against the Chinese government, and marks them
for retribution once that program is ended and they are
required to return. This bill provides them with the
security they need to plan their lives and pursue their
dreams of a more democratic future in China.
Mr. President, we understand your desire to strike the
proper balance between maintaining ties with Beijing and
being faithful to those who promote democracy. We urge you
not to aid the campaign of intimidation and harassment that
the Chinese authorities have waged against these students by
vetoing this bill. Just as you have celebrated the courage
of the peoples of Eastern Europe in their recent democratic
successes, we ask only that you support the students of China
in their continuing struggle.
With respect and best wishes,
Sincerely,
William L. Armstrong
Edward M. Kennedy
shade J
Slade Gorton
Paul Simon
95 orgs Mitchell
George J. Mitchell
- 3 -
Air Braic
Quentin N. Burdick
John John Glenn Slenn
Andell ford
Herb Kohl
Wendell H. Ford
Herbert Kohl
Mikh male
Mitch McConnell
Rudy Boschwitz
Ohnis G. Halch
Orrin G. Hatch
Bill
Am Bradley Body
Tempanford Terry Sanford
Pete Wilson
Chis Dodn
Christopher J. Dodd
RoberT 6. Robert C. Byrd Byrd
Boel Claims
Dennis De Concinio
Brock
Adams
Dennis DeConcini
hiy
Roh Knira
Mark O. Hatfield
Robert W. Kasten, Jr.
Vimothy Timothy E. Wirth k', Wuth
Daniel Patrick Moynihan
- 4 -
Gordon J. Humphrey
Joseph /or/Side
Dan Dan Coats
Coats
Walcolm Malcolm Wallop Wallop
& like
Joseph I. Lieberman
for Donald W. Pipe Riegle, Jr.
Dave Developmenting Durenberger
Dhu M.Cain John McCain
Chri Rit Bond stopher S. Bond
John Heinz
Alan Cranston
Alan Cranston
this Ernest Holling Hollings
Steve Symons the John Steve F. Symms 1. Kerry they
Dale Bangen
Dale Bumpers
Phil Framm
Phil Gramm
all Specte
Claim P..
Arlen Specter
Claiborne Pell
Patel Leahy
Patrick J. Leahy
Conrad Burns
- 5 -
Carl Frank Carl Levin R. Lautenberg Lening Paul Paul a J. James S. Sarbanes Exon Sarbanes
Zom Harkin
Worndbayor
Tom Harkin
David Pryor
Howard M. Metzenbaum Daniel K. Inouye
Layd Lloyd Bentsen Beaton
JeeP William S. Cohen
Jim James A. Miclure McClure
Jesse Jesse Helms
Helms