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Indochina Refugees - Parole Authority (2)
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19077062
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Indochina Refugees - Parole Authority (2)
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Theodore C. Marrs Files (Ford Administration)
Theodore Marrs' General Subject Files
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Vietnam (Republic)
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1975
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The original documents are located in Box 10, folder "Indochina Refugees - Parole
Authority (2)" of the Theodore C. Marrs Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 10 of the Theodore C. Marrs Files
at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
April 16,1975
Dr. Marrs,
For your information.
Phil Buchen
LIBRARY GERALD R. FORD
COVER SHEET
This cover sheet shall be
immediately placed on all
SECRET MATERIAL pre-
pared or received pending
insertion in classified file.
SE
ECRET
GERALD R. FORD
EMERGENCY PROGRAM FOR PAROLE OF REFUGEES FROM VIETNAM
At the President's news conference of April 3, 1975 he stated
that the Attorney General's authority, which had been used several
times since World War II to permit victims of war and persecution to
come to the United States, would be considered for Vietnamese refugees.
In light of past experience with refugee programs generated by
varying conditions in foreign countries the following considerations
and recommendations are offered.
1. Time element. The period of time available for moving
refugees out of Vietnam could be severely limited. It
is not unlikely that within a matter of weeks the military
situation will prevent any movement of refugees out of
that country. Alternatively, some orderly movements may
be possible.
2. Potential number of refugees. STATE Department estimates
of potential Vietnamese refugees could run as high as
1,707,000, composed of:
- Vietnamese employees of U.S. and their dependents
164,000
- SENior Vietnamese officials and their dependents
KBH Date 6/3/97
State Dept Guiddines
and others closely identified with U.S.
600,000
E.O. 12356 Sec. 3.6
DECLASSIFIED
- Close relatives of U.S. citizens and permanent
residents
93,000
- FORmer Vietnamese employees of U.S. and their
dependents
850,000
- 2 -
3. RElatives of U.S. citizens and permanent residents.
These relatives now in Vietnam are entitled to enter the
United States under present law, if they so wish, and if
proper petitions or applications are submitted on their
behalf provided they are otherwise admissible under the
law. Arrangements are now being made to process and
move these people at the earliest possible date. The
parole authority is and should be used to speed this
process.
4. Bona fide refugees. Included in this category would be
all of those considered by the State Department to be in
the high risk category, and their dependents. The number
could be large.
(a) In the 1950's we paroled some 40,000 Hungarian
refugees into the United States. In the 1960's
we paroled in some 675,000 Cubans into the United
States. In the early 1970's we paroled 3500
Ugandans. In the case of the Hungarians and the
Ugandans other countries in the world took a share
of the total refugees. In the case of the Cubans
the President stated publicly that the United
States would accept all the Cuban refugees who
could get here; a few went in addition to other
countries in the world. This unqualified offer
to accept Cuban refugees enabled CAStro to rid
- 3 -
himself of several hundred thousand of his un-
desirables, including large numbers of dissidents
as well as many who were infirm or aged.
(b) At this time it is the opinion of the Justice Depart-
ment that the United States should be called upon to
accept only a limited and finite number of refugees.
This statement is made in the light of the impact
that would be felt on our economy and our social
structure by the ingress of very large numbers.
(c) Consequently the United States should decide to accept
only a limited number and through all channels and the
United Nations other countries should be urged to
accept a fair share of however many refugees there
may turn out to be.
5. Implementation. The handling of large numbers of refugees
will require:
R.
a.
TRANSportation.
GERALD
FORD
b.
Screening for health, security, and immigration
criteria.
C.
Staging area in a third country to include
representatives of other countries who will accept
refugees.
d. Reception centers in the United States.
- 4 -
e. Housing, food, clothing, jobs - voluntary agencies,
HEW, and Labor to play the major roles.
f.
Funding for all the above.
6. Recommendations.
a. Immediate parole decisions should be made.
b. Immediate relatives of United States citizens
and permanent residents (who are now entitled
to enter the United States under present law)
be paroled to expedite the process. This matter
is being handled now by State and Justice in
cooperation with the White House and appropriate
Congressional Committees.
C. A maximum of 50,000 bona fide refugees or 40% of
the total, whichever is less, be paroled into the
United States. All others to be absorbed by other
countries under the auspices of U.N. and international
agencies.
d. To become permanent residents of the U.S. all in
b. and C. above must meet the full requirements of
the Immigration and Nationality Act.
e. At the proper time, a public. announcement of the foregoing
be made to prevent a mass exodus based on false hopes.
the 5 -
f. If the foregoing, or some modification, are
approved, the several governmental departments
be directed to commence planning accordingly.
12 Noon
April 15, 1975
Draft Outline
Vietnam Contingency Act of 1975
1. If the Presidnt determines that the use of Armed Forces is necessary
to withdraw American citizens and their families, the President may
use the Armed Forces to take action essential to and directly connected
with the protection of Americans and their families while they are being
withdrawn subject to the provisions in paragraph 2.
(a) If the President uses U.S. Armed Forces to protect American citizens
as above provided, he shall submit a report on the use of these forces in
accordance with secion 4(a) of the War Powers Resolution and comply with
all other provisions of that Resolution.
(b) In addition to the information required under section 4(a) of the War
Powers Resolution, the President would also be required to certify to
Congress that:
(2) Every effort was made to terminate the threat to Americans by the use
of diplomatic and any other means available without using the Armed Forces;
(1) There existed a direct and imminent threat to the lives of such U.S. citizens
and their dependents;
(3) American citizens are being evacuated as rapidly as possible.
2. In carrying out the withdrawal of Americans, the President would be
authorized to use U. S. Government personnel and property to assist in
bringing out foreign nationals, (who are not members of the families of U. S.
citizens), (?) when he determines and certifies to Congress that:
(a)
a direct and imminent threat exists to the lives of the foreign nationals;
(b)
no additional U. S. Foreces are required beyond those needed to
evacuate Americans;
(c) the duration of the possible exposure of U. S. Forces to
hostilities is not extended; and
(d) the rescue of foreign nationals is only undertaken incidential
to the rescue of Americans and only within areas necessarily
controlled by U. S. Forces for the purpose of protecting
Americans while they are being evacuated.
GERALD FORD LIBRARY
DEPARTMENT OF STATE
WASHINGTON
April 16, 1975
SECRET
MEMORANDUM FOR MR. PHILIP BUCHEN
THE WHITE HOUSE
Subject: Need to Parole Refugees from Indochina
SITUATION
The State Department has recommended to the Attorney
General that he exercise his parole authority under
Section 212 (d) (5) of the Immigration and Naturalization
Act for broad categories of Cambodian and Vietnamese
subjects. The Attorney General is requesting the
President's guidance and approval. (You have copies of
this correspondence.)
The Department of State and the Immigration and
Naturalization Service have begun consultations with the
House and Senate Judiciary Subcommittees.
It is clear that the Congressional Committees have
1
little or no problem with the use of parole to admit small
numbers of Cambodian subjects who are refugees, particularly
those with close American ties, those South Vietnamese sub-
jects who are relatives and dependents of American citizens
and South Vietnamese persons who are resident aliens of the
U.S. who would ordinarily be entitled to immigrant status
under the INA given the time, opportunity and desire to use
ordinary procedures. On April 13, for instance, the House
Subcommittee agreed to the immediate parole of approximately
3,000 Vietnamese dependents of U.S. citizens presently in
Vietnam who would otherwise have refused to leave that
SECRET
GDS
KBH
6/3/97
SECRET
-2-
country. This was done to reduce the American presence
there in the event total evacuation became necessary.
Congressional and public controversy grows as the numbers
of potential parolees increase, as they will if we under-
take an evacuation of any scale of South Vietnamese, even
though the people may be in a high-risk category. There-
fore, assistance to the resettlement of Indochinese refu-
gees in third country is vital. We have already obtained
the agreement of the United Nations High Commissioner
(UNHCR) and the Intergovernmental Committee for European
Migration (ICEM) for such assistance to Cambodians. Our
Mission in Geneva is being asked to approach the UNHCR
and ICEM on a confidential basis to request similar
assistance to Vietnamese refugees once they are out of
their own country.
Whatever action is taken, the Congress should be con-
sulted and informed at every step, but the urgency of
some of these recommendations may not permit lengthy
debate or expectation of unanimous approval.
IMMEDIATE ACTION REQUESTED
In order to fulfill the special obligation described
in the President's April 10 speech to the Congress, while
at the same time limiting public controversy to the extent
possible, the State and Justice Departments have agreed
to ask that the President request the Attorney General to
use his parole authority to admit certain Cambodian and
Vietnamese refugees in identifiable categories into the
2
United States. With the two exceptions noted below, State
and Justice are agreed on the following categories and
order of priority:
1. Those of the 1,000 "Eagle Pull" Cambodians now
in Thailand who may wish to come to the United States.
The Thai Government has made it clear that it urgently
desires their onward movement.
n.b.: all figures used are State Department estimates.
Justice Department estimates are included in the
Attorney General's memo of April 15 which you have.
SECRET
SECRET
-3-
2. There are 100 South Vietnamese at Clark Air Force
Base, who constitute the exception referred to above. They
arrived via American military airlifts and their presence
is straining our relationship with the Philippine Govern-
ment. The State Department recommends that they be
paroled. Justice concurs, provided the 100 figures is sub-
tracted from the total number of parolees finally agreed
upon.
3. Documented Vietnamese relatives of American citi-
zens in the United States who would otherwise be admissible
under normal immigration procedures and whose status will
be changed to the appropriate INA preference as soon as
feasible after their safe arrival here as parolees. (Embassy
Saigon reports 3,000 such relatives currently registered
with the Visa Section.)
4. Approximately 5,000 Cambodian diplomats and other
refugees in third countries who may face forcible return
or expulsion, as in India. If the worst should come to
pass, the same parole authority will be required for
Vietnamese diplomats and other refugees in third countries,
also roughly estimated at 5,000. Justice does not wish to
parole any of these categories into the U.S., in order to
force the UNHCR to take action. State disagrees.
CONTINGENCY PLANNING
In the event of a large-scale evacuation of those high-
risk Vietnamese to whom we have a moral obligation, as many
as 200,000 may require resettlement. (Under certain cir-
cumstances, this figure could be much larger but there is
no clear indication of just how great the number might be.)
Every effort will be made to involve third countries,
through international mechanisms such as the UNHCR and
ICEM, and directly. Nevertheless, it is apparent that a
large number will wish to come to the United States. If
they are to do so, it would require the Attorney General's
use of parole.
The State and Justice Departments are agreed on the
principle of parole for Vietnamese who have left their
SECRET
SECRET
-4-
country under such programs as the President may have
authorized for their safety but differ sharply as to
numbers. The Justice Department would limit the use of
parole to a maximum of 50,000, or 40% of the total number
of refugees, whichever is less, because of domestic impact.
The State Department believes that we should take our fair
share of the residual refugees unable to be resettled
elsewhere.
Assistant Secretary
Bureau of East Asian Affairs
DEPARTMENT OF STATE
ADMINISTRATOR
BUREAU OF SECURITY AND CONSULAR AFFAIRS
WASHINGTON
FORD & GERALD LIBRARY
SECRET
April 16, 1975
MEMORANDUM FOR: Mr. Theodore Marrs
The White House
FROM: Leonard F. Walentynowicz
SUBJECT: Expanding Parole Authority
Pursuant to our telephone conversation late this
afternoon, and your request for further comment, I am
sending you this memorandum to indicate that the State
Department believes it is necessary to have broader
parole authority than that specifically described in
the two proposed cables, attached. We wish to see
included in the cable to Cambodia the authority to
parole Cambodian refugees beyond those specifically
mentioned. We would estimate that the number of
Cambodian refugees is not likely to exceed 3,000
persons. To allay any fear of excessive numbers,
we would be willing to accept, however, a numerical
limitation.
As I am sure the President is aware, that even
though the Attorney General can exercise parole authority
without the concurrence of Congress, as a practical matter
such concurrence is initially desirable as failure to
obtain same might result in Congressional hesitation to
appropriate sufficient funds to care for those persons
who are paroled and who in fact need financial assistance.
This, of course, is of greater significance in connection
with any additional grants of parole dealing with those
Vietnamese who have no family connections in the U.S. and
are considered vulnerable to Communist harm.
Attachments:
As stated.
SECRET-GDS
KBA 6/3/97
THE WHITE HOUSE
WASHINGTON
April 17, 1975
MEMORANDUM FOR:
THE PRESIDENT
FORD & LIBRARY 976870
FROM:
PHILIP BUCHEN
JOHN MARSH
GENERAL SCOWCROFT
Section 212 (d) (5) of the Immigration and Nationality Act
provides inter alia that "The Attorney General may in his
discretion parole into the United States temporarily under
such conditions as he may prescribe for emergent reasons
or for reasons deemed strictly in the public interest any
"
alien applying for admission to the United States
A history of the use of this authority is provided at
Tab A.
From April 3 through April 15, 1,703 orphans have been
flown out of Vietnam/Cambodia. The parole process has
been applied in these cases. An updated report of this
action is attached at Tab B.
On April 13, authorization for movement of families
accompanying U. S. citizens returning from Vietnam was
given. Parole is being used in this action. It is
estimated that between 3,000 and 5,000 persons are involved.
It is now essential to consider additional actions:
1. There are 1,000 Cambodians now in Thailand who were
evacuated as part of "Eagle Pull" and who may wish to
come to the United States. The Thai Government has made
it clear that it urgently desires their onward movement.
State and Justice request your authorization to proceed
with parole for these persons. We recommend your approval.
AGREE
DISAGREE
- 2 -
2. There are about 100 South Vietnamese at Clark Air
Force Base whose presence is straining our relationship
with the Philippine Government. Those who qualify for
immigrant status under the INA should be paroled into
the United States as soon as possible. State recommends
that the remainder also be paroled. INS agrees "provided
that the number admitted is subtracted from the total
number of parolees finally admitted." We recommend parole
without caveat.
R.
FORD
AGREE
DISAGREE
GERALD
LIURARY
3. There are approximately 3,000 Vietnamese relatives of
American citizens or permanent resident aliens in the United
States for whom petitions for entry have already been filed
and who would otherwise be admissible in due course under
normal immigration procedures. State and INS recommend the
use of parole to permit their processing to be completed
while they are in the United States. Their status will
then be converted to the appropriate INA preference as soon
as feasible after their arrival here as parolees. We recom-
mend your approval.
AGREE
DISAGREE
4. There are also Vietnamese nationals (estimated to number
between 10,000 and 75,000) who are immediate relatives of
American citizens and permanent residents and for whom
petitions have not as yet been filed. The number of those
who would and could accept an offer of parole is unknown.
State and Justice both recommend parole. We recommend
your approval.
AGREE
DISAGREE
5. Approximately 5,000 Cambodian diplomats and other
refugees in third countries may face forcible return or
expulsion, as in India. If the worst should come to pass,
the same parole authority will be required for Vietnamese
diplomats and other refugees in third countries, also
roughly estimated at 5,000. State will make every effort
to assist and persuade the UNHC for Refugees to arrange
for the relocation of refugees throughout the world, but
State also wishes the President to request the Justice
- 3 -
Department to authorize entry into the United States of all
such persons by parole whenever State determines that the
efforts of the UNHC for Refugees are not successful.
Immigration disagrees.
We recommend that the State Department position be accepted.
in
FORD
AGREE
GERALD
LIBRARY
DISAGREE
6. Planning is also now required for the potential evacuation
of certain high risk Vietnamese. These include U. S.
employees, labor leaders engaged in the free trade labor move-
ment (particularly those who have worked with U. S. unions),
governmental personnel and others along with their dependents.
There is no clear indication of just how great the number
will be. Every effort will be made to involve third countries,
both directly and through international mechanisms such as the
UNHCR and the International Committee for European Refugees.
Nevertheless, it is apparent that a large number will wish to
come to the United States. This will require the Attorney
General's use of parole.
State and INS agree that parole should be exercised for such
Vietnamese, but differ sharply as to numbers.
State believes that we should take our fair share of refugees
who are unable to be settled elsewhere, and recognizes that
the total number, given logistical and political limitations
could be approximately 200,000. INS would limit the use of
parole to 50,000 or 40% of the total number to be evacuated,
whichever is less. It is their view that (1) the domestic
impact on our society of admitting a large number is undesir-
able and (2) the Cuban experiences, wherein the President
permitted 675,000 persons to enter the United States, should
not be repeated. The INS also believes that it may be
necessary to publicly announce this limit to prevent a mass
exodus based on false hopes.
We recommend that the State Department position be accepted.
AGREE
DISAGREE
7. We recommend that you direct establishment of a small
full-time task force with the necessary authority to improve
- 4 -
your decision making data base, assume interdepartmental
coordination, and advise you in this emergency. This task
force should include high level representatives from the
Departments of State, Justice, Labor, HEW and HUD.
AGREE
DISAGREE
GERALD P. FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
April 17, 1975
MEMORANDUM FOR:
THE PRESIDENT
FROM:
PHILIP BUCHEN
GERALD A. FORD
JOHN MARSH
GENERAL SCOWCROFT
Section 212 (d) (5) of the Immigration and Nationality Act
provides inter alia that "The Attorney General may in his
discretion parole into the United States temporarily under
such conditions as he may prescribe for emergent reasons
or for reasons deemed strictly in the public interest any
"
alien applying for admission to the United States
A history of the use of this authority is provided at
Tab A.
From April 3 through April 15, 1,703 orphans have been
flown out of Vietnam/Cambodia. The parole process has
been applied in these cases. An updated report of this
action is attached at Tab B.
On April 13, authorization for movement of families
accompanying U. S. citizens returning from Vietnam was
given. Parole is being used in this action. It is
estimated that between 3,000 and 5,000 persons are involved.
It is now essential to consider additional actions:
1. There are 1,000 Cambodians now in Thailand who were
evacuated as part of "Eagle Pull" and who may wish to
come to the United States. The Thai Government has made
it clear that it urgently desires their onward movement.
State and Justice request your authorization to proceed
with parole for these persons. We recommend your approval.
AGREE
DISAGREE
- 2 -
2. There are about 100 South Vietnamese at Clark Air
Force Base whose presence is straining our relationship
with the Philippine Government. Those who qualify for
immigrant status under the INA should be paroled into
the United States as soon as possible. State recommends
that the remainder also be paroled. INS agrees "provided
that the number admitted is subtracted from the total
number of parolees finally admitted." We recommend parole
without caveat.
AGREE
&
FORD
DISAGREE
GERALD
LIBRARY
3. There are approximately 3,000 Vietnamese relatives
of
American citizens or permanent resident aliens in the United
States for whom petitions for entry have already been filed
and who would otherwise be admissible in due course under
normal immigration procedures. State and INS recommend the
use of parole to permit their processing to be completed
while they are in the United States. Their status will
then be converted to the appropriate INA preference as soon
as feasible after their arrival here as parolees. We recom-
mend your approval.
AGREE
DISAGREE
4. There are also Vietnamese nationals (estimated to number
between 10,000 and 75,000) who are immediate relatives of
American citizens and permanent residents and for whom
petitions have not as yet been filed. The number of those
who would and could accept an offer of parole is unknown.
State and Justice both recommend parole. We recommend
your approval.
AGREE
DISAGREE
5. Approximately 5,000 Cambodian diplomats and other
refugees in third countries may face forcible return or
expulsion, as in India. If the worst should come to pass,
the same parole authority will be required for Vietnamese
diplomats and other refugees in third countries, also
roughly estimated at 5,000. State will make every effort
to assist and persuade the UNHC for Refugees to arrange
for the relocation of refugees throughout the world, but
State also wishes the President to request the Justice
- 3 -
Department to authorize entry into the United States of all
such persons by parole whenever State determines that the
efforts of the UNHC for Refugees are not successful.
Immigration disagrees.
We recommend that the State Department position be accepted.
R.
AGREE
FORD
DISAGREE
GERALD
LIBRARY
6. Planning is also now required for the potential evacuation
of certain high risk Vietnamese. These include U. S.
employees, labor leaders engaged in the free trade labor move-
ment (particularly those who have worked with U. S. unions),
governmental personnel and others along with their dependents.
There is no clear indication of just how great the number
will be. Every effort will be made to involve third countries,
both directly and through international mechanisms such as the
UNHCR and the International Committee for European Refugees.
Nevertheless, it is apparent that a large number will wish to
come to the United States. This will require the Attorney
General's use of parole.
State and INS agree that parole should be exercised for such
Vietnamese, but differ sharply as to numbers.
State believes that we should take our fair share of refugees
who are unable to be settled elsewhere, and recognizes that
the total number, given logistical and political limitations
could be approximately 200,000. INS would limit the use of
parole to 50,000 or 40% of the total number to be evacuated,
whichever is less. It is their view that (1) the domestic
impact on our society of admitting a large number is undesir-
able and (2) the Cuban experiences, wherein the President
permitted 675,000 persons to enter the United States, should
not be repeated. The INS also believes that it may be
necessary to publicly announce this limit to prevent a mass
exodus based on false hopes.
We recommend that the State Department position be accepted.
AGREE
DISAGREE
7. We recommend that you direct establishment of a small
full-time task force with the necessary authority to improve
- 4 -
your decision making data base, assume interdepartmental
coordination, and advise you in this emergency. This task
force should include high level representatives from the
Departments of State, Justice, Labor, HEW and HUD.
AGREE
DISAGREE
LIBRARY GERALD R. FORD
- 2 -
2. There are about 100 South Vietnamese at Clark Air
Force Base whose presence is straining our relationship
with the Philippine Government. Those who qualify for
immigrant status under the INA should be paroled into
the United States as soon as possible. State recommends
that the remainder also be paroled. INS agrees "provided
that the number admitted is subtracted from the total
number of parolees finally admitted." We recommend parole
without caveat.
AGREE
DISAGREE
3. There are approximately 3,000 Vietnamese relatives of
American citizens or permanent resident aliens in the United
States for whom petitions for entry have already been filed
and who would otherwise be admissible in due course under
normal immigration procedures. State and INS recommend the
use of parole to permit their processing to be completed
while they are in the United States. Their status will
then be converted to the appropriate INA preference as soon
as feasible after their arrival here as parolees. We recom-
mend your approval.
AGREE
DISAGREE
LIBRARY GERALD A. FORD
4. There are also Vietnamese nationals (estimated to number
between 10,000 and 75,000) who are immediate relatives of
American citizens and permanent residents and for whom
petitions have not as yet been filed. The number of those
who would and could accept an offer of parole is unknown.
State and Justice both recommend parole. We recommend
your approval.
AGREE
DISAGREE
5. Approximately 5,000 Cambodian diplomats and other
refugees in third countries may face forcible return or
expulsion, as in India. If the worst should come to pass,
the same parole authority will be required for Vietnamese
diplomats and other refugees in third countries, also
roughly estimated at 5,000. State will make every effort
to assist and persuade the UNHC for Refugees to arrange
for the relocation of refugees throughout the world, but
State also wishes the President to request the Justice
THE WHITE HOUSE
WASHINGTON
April 17, 1975
MEMORANDUM FOR:
THE PRESIDENT
&
FORD
FROM:
PHILIP BUCHEN
GERALD
JOHN MARSH
GENERAL SCOWCROFT
Section 212 (d) (5) of the Immigration and Nationality Act
provides inter alia that "The Attorney General may in his
discretion parole into the United States temporarily under
such conditions as he may prescribe for emergent reasons
or for reasons deemed strictly in the public interest any
alien applying for admission to the United States
"
A history of the use of this authority is provided at
Tab A.
From April 3 through April 15, 1,703 orphans have been
flown out of Vietnam/Cambodia. The parole process has
been applied in these cases. An updated report of this
action is attached at Tab B.
On April 13, authorization for movement of families
accompanying U. S. citizens returning from Vietnam was
given. Parole is being used in this action. It is
estimated that between 3,000 and 5,000 persons are involved.
It is now essential to consider additional actions:
1. There are 1,000 Cambodians now in Thailand who were
evacuated as part of "Eagle Pull" and who may wish to
come to the United States. The Thai Government has made
it clear that it urgently desires their onward movement.
State and Justice request your authorization to proceed
with parole for these persons. We recommend your approval.
AGREE
DISAGREE
- 3 -
Department to authorize entry into the United States of all
such persons by parole whenever State determines that the
efforts of the UNHC for Refugees are not successful.
Immigration disagrees.
We recommend that the State Department position be accepted
R.
FORD
AGREE
GERALD
DISAGREE
THRUSD
6. Planning is also now required for the potential evacuation
of certain high risk Vietnamese. These include U. S.
employees, labor leaders engaged in the free trade labor move-
ment (particularly those who have worked with U. S. unions),
governmental personnel and others along with their dependents.
There is no clear indication of just how great the number
will be. Every effort will be made to involve third countries,
both directly and through international mechanisms such as the
UNHCR and the International Committee for European Refugees.
Nevertheless, it is apparent that a large number will wish to
come to the United States. This will require the Attorney
General's use of parole.
State and INS agree that parole should be exercised for such
Vietnamese, but differ sharply as to numbers.
State believes that we should take our fair share of refugees
who are unable to be settled elsewhere, and recognizes that
the total number, given logistical and political limitations
could be approximately 200,000. INS would limit the use of
parole to 50,000 or 40% of the total number to be evacuated,
whichever is less. It is their view that (1) the domestic
impact on our society of admitting a large number is undesir-
able and (2) the Cuban experiences, wherein the President
permitted 675,000 persons to enter the United States, should
not be repeated. The INS also believes that it may be
necessary to publicly announce this limit to prevent a mass
exodus based on false hopes.
We recommend that the State Department position be accepted.
AGREE
DISAGREE
7. We recommend that you direct establishment of a small
full-time task force with the necessary authority to improve
A
R.
GERALD
FORD LIBRABY
HISTORY OF THE USE OF PAROLE
Parole is a device by which an inadmissible alien seeking
entry is permitted to proceed into the United States, but
in contemplation of law is considered to be standing at
the water's edge. He is not deemed to be in the United
States within the meaning of the expulsion provisions or
other provisions of the Immigration and Nationality Act.
Standing at the water's edge, as it were, he may be re-
moved only in exclusion proceedings.
Parole is resorted to only in exceptional situations such
as emergent medical treatment, avoiding unwarranted deten-
tion, and prosecution of criminals returned to the United
FORD
States. It has also been used for refugees and orphans.
GERALD
The first express statutory authorization for parole
LIBRARY
appeared in the Immigration and Nationality Act which
became effective December 24, 1952. The statute provides
that the Attorney General in his discretion may parole any
alien seeking admission for emergent reasons or for reasons
deemed strictly in the public interest.
Before 1952 parole was utilized as an administrative
expedient.
It's peculair status was recognized by the
Supreme Court 50 years ago in the case of Kaplan V. Tod.
There has never been any question concerning the authority
to parole individual aliens. However, questions have been
raised by the Congress concerning authority to parole groups
of aliens. For example, a question was raised after 224
Russian Orthodox Old Believers were paroled into the United
States in June 1963. In the House Report on the 1965 Amend-
ments, which established permanent Legislation for the con-
ditional entry of refugees, the following statement was made:
"The parole provisions were designed to authorize the Attorney
General to act only in emergent, individual and isolated situa-
tions, such as the case of an alien who requires immediate medi-
cal attention, and not for the immigration of classes or groups
outside of the limit of the law. " 47
Nevertheless, under the general parole authority of the 1952
Act, large numbers of refugees have been allowed to come into
the United States after, as well as before publication of the
House Report.
These include:
Over 30,000 refugees from the 1956 Hungarian Revolution,
by direction of President Eisenhower.
Over 600,000 refugees from Cuba who began to come to the
United States in an almost unbroken stream for more than
a decade after the Castro takeover in 1959. (In 1965 when
-2-
he signed into law the abolition of the National
Origins System, President Johnson revived the Cuban
parole program despite the House report.)
15,000 Chinese refugees from Hong Kong, by direction
of President Kennedy in 1962.
6,500 Czechoslovak refugees after the Soviet invasion
of that country in 1968, at the urging of Congress.
Several hundred Soviet Jews and other minorities in
the U.S.S.R., at the urging of Congress in 1971.
1,000 stateless Ugandan-Asians, authorized in 1972,
at the urgent request of the State Department.
Following the suppression of the abortive Hungarian revolt
in the Fall of 1956 over 200,000 Hungarian refugees fled
the country, especially to Austria (180,000) and to Yugo-
slovia (20,000). Resettlement missions from many countries
were eager to accept Hungarian refugees, and the asylum
countries -- especially Austria -- served as staging areas.
President Eisenhower and the American people in general were
eager to accept a generous quota of the Hungarians. Fewer
than 7,000 refugee visas remained available, however, under
the Refugee Relief Act of 1953 as amended. These were quickly
used for Hungarians. At this juncture the decision was made
to invoke Section 212 (d) (5) of the Immigration and National-
ity Act in order to parole larger numbers of Hungarian refu-
gees into the United States.
The sympathetic 85th Congress enacted P.L. 85-559, which
provides for adjustment of status of paroled Hungarians
to that of permanent immigrants to the U.S. The majority of
the refugees were brought in from Austria into a U.S. staging
area, in Camp Kilmer, New Jersey, administered by the Depart-
ment of the Army. The refugees were resettled from Camp
Kilmer, primarily through the efforts of interested voluntary
agencies. A total of 30,701 Hungarian refugees regularized
their status in the United States under P.L. 85-559 during
1958-59. This represented the overwhelming majority of the
Hungarian refugees who were paroled into this country.
R.
FORD
The Cuban refugee situation differs from others in that the
United States was the country of first asylum. From 1957-
CERALD
72 this country admitted 621,403 Cuban nationals who fled
from Cuba. That exodus was generally divided into three
distinct periods: from the advent of the Castro government
in 1959 to the breaking of diplomatic relations in January
1961; from 1961 until the end of commercial travel in
October, 1962; the subsequent period. While diplomatic
-3-
relations existed, Cubans who wanted to leave Cuba went to
the consulate in Havana. They were issued B-2 (tourist
visas) which documented them and enabled commercial carriers
to bring them to the United States. On arrival (usually
Miami) the B-2 visa was cancelled by the Immigration Service
(INS) and they were paroled into the United States under the
parole provisions of the Immigration Act. The B-2 visa was
"pro-forma" documentation to enable travel to commence.
After the break in diplomatic relations, the United States
initially avoided the use of parole for Cubans fleeing the
island the resorted to the device of waiving the visa re-
quirement on a mass basis on the theory that each case
represented an unforeseen emergency because of the unavail-
ability of consular services in Cuba. This program largely
terminated at the time of the Cuban Missile Crisis of 1962
because travel out of Cuba became impossible.
In October 1962, all commercial transportation between Cuba
and the U.S. ended. The Cuban refugee flow was reduced to
a trickle. In December 1962 the American Red Cross began
sponsoring airflights and vessels which brought Cuban refu-
gees to the United States, primarily relatives of Cubans
already here and prisoners from the "Bay of Pigs" invasion.
These people were directly paroled.
In 1965, Castro announced that certain Cubans who wanted to
leave were free to do SO. President Johnson responded that
the U.S. would accept all. Direct parole was the method of
entry. Some Cubans went to third countries (primarily Spain)
as they were unable to get places on the airlifts. Those with
close relatives in the U.S. were given "pre-parole" documenta-
tion (medicals, affidavit of support, security clearance) by
our consulate in Madrid. When they arrived at the U.S. port
of entry, they were paroled into the U.S. by INS. In October,
1973, the Attorney General agreed to a one year parole pro-
gram for those without close relatives here. Documentation
was prepared by the consulates as with the pre-parole program,
but INS personnel interviewed and issued the actual parole
document in Madrid. Cubans in the U.S. were received and
processed by the Cuban Refugee Center in Miami run by HEW.
The Act of November 2, 1966 enabled Cuban refugees to adjust
status to permanent residents.
is
FORD
GERALD
LIBRARY
16 April 1975
Point Paper for the Special Assistant to the Secretary and
Deputy Secretary of Defense
SUBJECT: Orphan Evacuation Program - Vietnam/Cambodia
MAIN THRUST OF POINT PAPER
- Provides an update on the orphan evacuation program.
DISCUSSION
- On 3 Apr 75, DOD developed procedures for orphan evacuation.
State/AID wholeheartedly concurred.
-- All orphans, upon verification by US Embassy in Vietnam
and Cambodia, would be airlifted on first available
military or commercial contract aircraft to Clark AB.
-- At Clark AB medical evaluation would be made to determine if
orphans should be hospitalized, proceed on normal airlift,
or be medically evacuated.
-- Flights then proceed to San Francisco or Los Angeles with
Seattle as backup where military and volunteer agency
personnel would further process them.
- From 3 through 15 April a total of 1703 orphans (52 Cambodians)
have been flown out of Vietnam/Cambodia. Military Airlift Command
(MAC) transported 883 through Clark AFB, Philippines, of which 43
are currently enroute. Non-DOD carriers, chartered by private
arrangements, transported the balance of 820 orphans.
-- 914 orphans have been moved to San Francisco.
- 330 orphans have been moved to Los Angeles.
-- 409 orphans have been moved to Seattle.
-- 201 orphans have been moved to Fort Benning, Ga.
(These figures do not total 1703 due to double handling, i.e.,
L.A. and Benning)
- Number and location of orphans currently being processed:
-- Clark AB, Philippines - 5 hospitalized.
Hickam AB, Hawaii - 5 hospitalized.
San Francisco - 65
R.
FORD
Los Angeles - 87
Seattle - 18
GERALD
Fort Benning - 170 (14 hospitalized)
LIBRARY
Enroute - 43 from Clark AB to Los Alamedas Air Station, Ca.
- Deaths:
--- 5 April crash of C-5 - 190 (figure not final)
--- One died enroute to Clark AB - cause of death, extreme
dehydration. (Infant)
-- One died at Clark AB Hospital - cause of death, sepsis
(absorption of pathogenic microorganisms into blood stream).
(Infant)
-- One died enroute to Los Angeles - cause of death, pneumonia,
dehydration and prematurity. Reported 24 days old.
-- Prognosis - No more deaths expected.
- Future orphan airlift requirements:
-- Known - zero - original "Reported 2000" all processed
--- Possible - 80 (Vietnam) Rumors of 500 to 5000 more,
Tracking this.
- Problems:
-- Despite the official State/AID/DOD system, certain individuals
have operated as free agents making arrangments for contract
flights and direct liaison with the orphanages.
---- This has caused considerable confusion and resulted in less
than desirable service for the orphans.
---- News reporters covering commercial arrivals at San
Francisco and Seattle (outside the State/AID/DOD system)
cited health problems with orphans on these flights.
- Current funding status (funded by State/AID) :
-- Airlift $1,156,772
--
Medical
166,938
-- Support
71,916
-- Total obligated as of 15 Apr - $1,395,626
Prepared by: MGEN M.F. Casey, USAF
DOD Orphan Lift Coordinator
OX 74121
LIBRAST GERALD R. FORD
2
THE WHITE HOUSE DRAFT
WASHINGTON
April 17, 1975
MEMORANDUM FOR: THE PRESIDENT
FROM:
PHILIP BUCHEN
JOHN MARSH
FORD & LIBRARY GERALD
GENERAL BRENT SCOWCROFT
Section 212 (d) (5) of the Immigration and Nationality Act provides
inter alia that "The Attorney General may in his discretion parole
into the United States temporarily under such conditions as he may
prescribe for emergent reasons or for reasons deemed strictly in the
public interest any alien applying for admission to the United States
"
A history of the use of this authority is provided at Tab A.
From April 3 through April 15, a total of 1703 orphans have been
flown out of Vietnam/Cambodia. The parole process has been applied in
these cases. An updated report of this action is attached at Tab B.
On April 13, authorization for movement of families accompanying
U. S. citizens returning from Vietnam was given. Parole is being used in
this action. It is estimated that between 3000 and 5000 persons are
involved.
It is now essential to consider additional actions:
1. There are 1,000 Cambodians now in Thailand who were evacuated as
part of "Eagle Pull" and who may wish to come to the United States. The
Thai Government has made it clear that it urgently desires their onward
movement. State and Justice request your authorization to proceed with
parole for these persons. We recommend your approval.
AGREE
DISAGREE
2. There are about 100 South Vietnamese at Clark Air Force Base
whose presence is straining our relationship with the Philippine
Government. Those who qualify for immigrant status under the INA should
be paroled into the United States as soon as possible. State recommends
that the remainder also be paroled. INS agrees provided that the number
-2-
admitted is subtracted from the total number of parolees finally
admitted." We recommend parole without caveat.
AGREE
DISAGREE
3. There are approximately 3,000 Vietnamese relatives of American
citizens or permanent resident aliens in the United States for whom
petitions for entry have already been filed and who would otherwise
be admissible in due course under normal immigration procedures.
State and INS recommend the use of parole to permit their processing
to be completed while they are in the United States. Their status
will then be converted to the appropriate INA preference as soon as
feasible after their arrival here as parolees. We recommend.
is
FORD
AGREE
GERALD
LIBRARY
DISAGREE
4. There are also Vietnamese nationals (estimated to number between
10,000 and 75,000) who are immediate relatives of American citizens
and permanent residents and for whom petitions have not as yet been
filed. The number of those who would and could accept an offer of
parole is unknown. State and Justice both recommend parole. We
recommend.
AGREE
DISAGREE
5. Approximately 5,000 Cambodian diplomats and other refugees in
third countries may face forcible return or expulsion, as in India.
If the worst should come to pass, the same parole authority will be
required for Vietnamese diplomats and other refugees in third countries,
also roughly estimated at 5,000. State will make every effort to assist
and persuade the UNHC for Refugees to arrange for the relocation of
refugees throughout the world, but State also wishes the President to
request the Justice Department to authorize entry into the United States
of all such persons by parole whenever State determines that the efforts
of the UNHC for Refugees are not successful. Immigration disagrees.
We recommend that the State Department position be accepted.
AGREE
DISAGREE
-3-
6. Planning is also now required for certain high risk Vietnamese.
These include U. S. employees, labor leaders engaged in the free
trade labor movement (particularly those who have worked with
U. S. unions), governmental personnel and others along with their
dependents. There is no clear indication of just how great the number
will be. Every effort will be made to involve third countries, both
directly and through international mechanisms such as the UNHCR and the
International Committee for European Refugees. Nevertheless, it is
apparent that a large number will wish to come to the United States.
This will require the Attorney General's use of parole.
The State and Immigration Service agree that parole should be exercised
for such Vietnamese but differ sharply as to numbers.
State believes that we should take our fair share of refugees who are
unable to be settled elsewhere, and recognizes that the total number,
given logistical and political limitations could be approximately
200,000. INS would limit the use of parole to 50,000 or 40% of the
total number to be evacuated, whichever is less. It is their view
that (1) the domestic impact on our society of admitting a large number
is undesirable and (2) the Cuban experiences, wherein the President
permitted 675,000 persons to enter the United States, should not be
repeated. The INS also believes that it may be necessary to publicly
announce this limit to prevent a mass exodus based on false hopes.
We recommend that the State Department position be accepted.
&
FORD
AGREE
DISAGREE
LIBRARI
7. We recommend that you direct establishment of a small full-time
task force with necessary authority to improve your decision making
data base, assume interdepartmental coordination, and advise you in this
emergency. Such task force should include high level representatives
from the Departments of State, Justice, Labor, HEW and HUD.
DIRAFT
SECRET
April 17, 1975
MEMORANDUM FOR MR. PHILIP BUCHEN
THE WHITE HOUSE
Subject: Need to Parole Refugees from Indochina
FORD & GERALD LIBRARY
SITUATION
The State Department has recommended to the Attorney
General that he exercise his parole authority under Sec-
tion 212 (d) (5) of the Immigration and Naturalization Act
for broad categories of Cambodian and Vietnamese subjects.
In view of the very large numbers involved in some of the
categories, and their domestic impacts, the Attorney General
requests the advice of the President with regard to those
categories as indicated below.
The Department of State and the Immigration and
Naturalization Service have begun consultations with the
House and Senate Judiciary Subcommittees with respect to
some of these categories.
It is clear that the Congressional Committees have
little or no problem with the use of parole to admit small
numbers of Cambodian subjects who are refugees, particularly
those with close American ties. Congress would probably
also have little problem with the parole of small numbers
of South Vietnamese subjects who are relatives and dependents
DECLASSIFIED
E.O. 12368 Sec. 3.6
State Dept. Guidelines
by
KBH MARA, Dear 6/3/97
- 2 -
of American citizens and South Vietnamese persons who
are resident aliens of the United States who would
FORD & GERALD LIBRARY
ordinarily be entitled to immigrant status under the INA
given the time, opportunity and desire to use ordinary
procedures. On April 13, for instance, the House Sub-
committee agreed to the immediate parole of approximately
3,000 Vietnamese dependents of U.S. citizens presently
in Vietnam who would otherwise have refused to leave that
country. This was done to reduce the American presence
there in the event total evacuation became necessary.
Congressional and public controversy grows as the
numbers of potential parolees increase, as they will if
we propose to parole large numbers of relatives of citizens
and permanent residents, or if we propose to parole large
numbers of South Vietnamese subsequent to an evacuation
of any scale of South Vietnamese, even though the people
may be in a high-risk category. Therefore, assistance for
the resettlement of Indochinese refugees in third country
is vital. We have already obtained the agreement of the
United Nations High Commissioner (UNHCR) and the Inter-
governmental Committee for European Migration (ICEM) for
such assistance to Cambodians. Our Mission in Geneva is
being asked to approach the UNHCR and ICEM on a confidential
- 5 -
also roughly estimated at 5,000. Justice does not wish to
authorize entry at this time of either of these categories
into the United States, in view of the responsibility of
the United Nations High Commissioner for Refugees to
arrange for the relocation of refugees throughout the world.
State disagrees.
- 6 -
Under certain sircumstances, this figure could be much
larger but there is no clear indication of just how
great the number might be.3 Every effort will be made
to involve third countries, through international mechanisms
such as the UNHCR and the International Committee for
European Refugees, and directly. Nevertheless, it is
apparent that a large number will wish to come to the
will
United States. If they are to do so, it would require
the Attorney General's use of parole.
INS
The State and Instice Departments are agreed on that
much
parole should be exercised to some extent for h Vietnamese
who have left their country under such programs as the
President may have authorized for their safety, but differ
ox
sharply as to numbers.
INS
The Justice Department would limit the use of parole
to a maximum of 50,000, including families, or 40% of the
total number of refugees, whichever is less. This view
stems from (1) the domestic impacts on our economy and
society of admitting very large numbers of aliens into the
United States, and (2) the Cuban experience wherein the
President offered to admit all Cubans who could exit Cuba;
675,000 did and entered the United States. The Justice
Department believes a limited number should be decided
FORD i 076839 LIBRARY
-- 7 -
upon and if this becomes necessary, at the appropriate
time, it should be decided whether to publicly announce
the limit in order to prevent a mass exodus based on
false hopes.
The State Department believes that we should take
our fair share of the residual refugees unable to be re-
settled elsewhere.
This matter will require a decision of the President
at a later time when the facts are clearer.
Philip Habib
Assistant Secretary
Bureau of East Asian Affairs
L. F. Chapman, Jr.
Commissioner
Immigration and Naturalization
Service
April 17, 1975
FORDO i LIBRARY GERALD
MEMORANDUM FOR:
THE PRESIDENT
FROM:
PHILIP W. BUCHEN
Section 212(d) (5) of the Immigration and Nationality
Act provides inter alia that "The Attorney General
may in his discretion parole into the United States
temporarily under such conditions as he may prescribe
for emergent reasons or for reasons deemed strictly
in the public interest any alien applying for admis-
sion to the United States...."
A history of use of this authority is provided at
Tab A.
From April 3 through April 15 a total of 1703 orphans
have been flown out of Vietnam/Cambodia. The parole
process has been applied in these cases. An updated
report of this action is attached at Tab B.
On April 13, authorization for movement of families
accompanying U.S. citizens returning from Vietnam
vas given. Parole is being used in this action. The
telegraphic instructions are attached at Tab C. It
is estimated that between 3000 and 5000 persons are
involved.
It is now timely to consider two additional actions
involving the use of parole for certain Cambodians
and additional Vietnamese:
CAMBODIANS
The State Department and INS have agreed to parole
983 Cambodians now in Thailand who were evacuated
to that country by the United States provided:
- 2 -
1.
Each in fact was evacuated by the United States.
2.
Each is processed in accordance with specific
instructions furnished to the Embassy.
VIETNAMESE
Again State Department and INS have agreed to parole the immediate
relatives of United States citizens and permanent residents pre-
sently in the United States provided:
1.
They desire to enter the United States.
2.
They qualify fully for admission to the United
States under the immigration laws with certain
technical exceptions.
The number involved in this category is currently estimated to
be "as high as 75,000" by State and INS. Estimates at higher
levels have also been discussed but State is convinced that
75,000 is a maximum estimate.
Your authorization is urgently needed to permit consultation
with appropriate Congressional leadership prior to making a
decision to use the parole authority in these additional cate-
gories. State and ING are ready to move promptly on consulta-
tion and State strongly emphasizes the urgency in light of chang-
ing circumstances.
Approve consultation with Congress
Disapprove consultation with Congress
Subject to Congressional consultation being favorable, it is
recommended that the attached dispatches (Tab D) be released.
Yes
No
If Congressional consultation is unfavorable or mixed it is
recommended that it be evaluated and that a decision to proceed
or not be made in that light.
GERALO FORD LIBRARY
-3-
The next decision level is most difficult. It has
been described as the removal of "high risk" Viet-
namese citizens. The numerical estimates in this
area have ranged from two hundred thousand to over
one million. With respect to this category of en-
dangered foreign nationals, it is imperative that
you determine how many of these persons the U.S. has
a commitment to, and that you define what that U.S.
commitment will be.
We are advised that State's planning calls for evacu-
ation of 200,000 persons in this category when the
level of Americans in South Vietnam reaches 1200.
Military support will presumably be introduced at
or before this point.
Assuming no settlement is made in Vietnam to facili-
tate this decision, we need to reach agreement with
Congress on authorizing legislation currently under
consideration. This must be accomplished while still
seeking military aid. Therefore, this is a most
delicate and awkward political decision.
Your Saturday deadline for the Congress in this
matter further underscores the critical need for
decisions with respect to evacuation and this legis-
lation.
The timing in relation to the Vietnamese military
effort and Vietnamese tolerance of implementation
adds to the complications. The logistics of with-
drawal from vulnerable airfields or by helicopter
under various scenarios is being addressed by
Defense, but even these revolve around a decision
on which persons are to be evacuated.
In the face of these complex factors, you have a firm
proposal with recommendations and rationale from INS
(Tab E).
i
Immediate parole decisions should be made.
b. Immediate relatives of United States citizens
and permanent residents (who are now entitled
FORD is LIBRARY GERALD
-4-
to enter the United States under present law)
be paroled to expedite the process.
C. A maximum of 50,000 bona fide refugees or 408
of the total, whichever is less, be paroled
into the United States. All others to be
absorbed by other countries under the auspices
of U.M. and international agencies.
d. To become permanent residents of the U.S. all
in b. and c. above must meet the full require-
ments of the Immigration and Nationality Act.
e. At the proper time, a public announcement of
the foregoing be made to prevent & mass exodus
based on false hopes.
An alternative proposal has been made by State (Tab r) I
In the event of a large-scale evacuation of South
Vietnam, it is possible that as many as 211,000
Vietnamese to whom we have a moral obligation will
require resettlement. Although every effort will
be made to involve third countries, through inter-
national mechanisms such as the United Nations
Commission on Human Rights, and directly, it is
apparent that a large number will wish to come
to the United States. The Attorney General should
be asked to parole those Vietnamese who have left
their country under such programs as the President
may have authorised for their safety.
At this point it should be noted that operational feasi-
bility has not been a major consideration and Defense
planning factors have not been fully available to State
or INS. Your decision on the following options are
needed:
1. Go with INS recommendation
2. Go with State recommendation
3. Direct Secretary of Defense and Labor to resolve
the issue in conjunction with the Attorney
General and Secretary of State by 5:00 PM of
April 17th.
GERALD FORD LIBRARY
-3-
Finally, I recommend that you direct establishment of
a small full-time task force with necessary authority
to improve your decision making base and advise you in
regard to this energency.
Approve
Disapprove
Enclosures
LIBRARY GERALD ? FORD
A
HISTORY OF THE USE OF PAROLE
Parole is a device by which an inadmissible alien seeking
entry is permitted to proceed into the United States, but
in contemplation of law is considered to be standing at
the water's edge. He is not deemed to be in the United
States within the meaning of the expulsion provisions or
other provisions of the Immigration and Nationality Act.
Standing at the water's edge, as it were, he may be re-
moved only in exclusion proceedings.
Parole is resorted to only in exceptional situations such
as emergent medical treatment, avoiding unwarranted deten-
tion, and prosecution of criminals returned to the United
R.
FORD
States. It has also been used for refugees and orphans.
The first express statutory authorization for parole
GERALD
LIBRARY
appeared in the Immigration and Nationality Act which
became effective December 24, 1952. 1/ The statute provides
that the Attorney General in his discretion may parole any
alien seeking admission for emergent reasons or for reasons
deemed strictly in the public interest.
Before 1952 parole was utilized as an administrative
expedient.
It's peculair status was recognized by the
Supreme Court 50 years ago in the case of Kaplan V. Tod.
There has never been any question concerning the authority
to parole individual aliens. However, questions have been
raised by the Congress concerning authority to parole groups
of aliens. For example, a question was raised after 224
Russian Orthodox Old Believers were paroled into the United
States in June 1963. In the House Report on the 1965 Amend-
ments, which established permanent Legislation for the con-
ditional entry of refugees, the following statement was made:
"The parole provisions were designed to authorize the Attorney
General to act only in emergent, individual and isolated situa-
tions, such as the case of an alien who requires immediate medi-
cal attention, and not for the immigration of classes or groups
outside of the limit of the law. " 47
Nevertheless, under the general parole authority of the 1952
Act, large numbers of refugees have been allowed to come into
the United States after, as well as before publication of the
House Report.
These include:
Over 30,000 refugees from the 1956 Hungarian Revolution,
by direction of President Eisenhower.
Over 600,000 refugees from Cuba who began to come to the
United States in an almost unbroken stream for more than
a decade after the Castro takeover in 1959. (In 1965 when
-2-
he signed into law the abolition of the National
Origins System, President Johnson revived the Cuban
parole program despite the House report.)
15,000 Chinese refugees from Hong Kong, by direction
of President Kennedy in 1962.
6,500 Czechoslovak refugees after the Soviet invasion
of that country in 1968, at the urging of Congress.
Several hundred Soviet Jews and other minorities in
:
FORD
the U.S.S.R., at the urging of Congress in 1971.
1,000 stateless Ugandan-Asians, authorized in 1972,
GERALD
at the urgent request of the State Department.
Following the suppression of the abortive Hungarian revolt
in the Fall of 1956 over 200,000 Hungarian refugees fled
the country, especially to Austria (180,000) and to Yugo-
slovia (20,000). Resettlement missions from many countries
were eager to accept Hungarian refugees, and the asylum
countries -- especially Austria -- served as staging areas.
President Eisenhower and the American people in general were
eager to accept a generous quota of the Hungarians. Fewer
than 7,000 refugee visas remained available, however, under
the Refugee Relief Act of 1953 as amended. These were quickly
used for Hungarians. At this juncture the decision was made
to invoke Section 212 (d) (5) of the Immigration and National-
ity Act in order to parole larger numbers of Hungarian refu-
gees into the United States.
The sympathetic 85th Congress enacted P.L. 85-559, which
provides for adjustment of status of paroled Hungarians
to that of permanent immigrants to the U.S. The majority of
the refugees were brought in from Austria into a U.S. staging
area, in Camp Kilmer, New Jersey, administered by the Depart-
ment of the Army. The refugees were resettled from Camp
Kilmer, primarily through the efforts of interested voluntary
agencies. A total of 30,701 Hungarian refugees regularized
their status in the United States under P.L. 85-559 during
1958-59. This represented the overwhelming majority of the
Hungarian refugees who were paroled into this country.
The Cuban refugee situation differs from others in that the
United States was the country of first asylum. From 1957-
72 this country admitted 621,403 Cuban nationals who fled
from Cuba. That exodus was generally divided into three
distinct periods: from the advent of the Castro government
in 1959 to the breaking of diplomatic relations in January
1961; from 1961 until the end of commercial travel in
October, 1962; the subsequent period. While diplomatic
-3-
relations existed, Cubans who wanted to leave Cuba went to
the consulate in Havana. They were issued B-2 (tourist
visas) which documented them and enabled commercial carriers
to bring them to the United States. On arrival (usually
Miami) the B-2 visa was cancelled by the Immigration Service
(INS) and they were paroled into the United States under the
parole provisions of the Immigration Act. The B-2 visa was
"pro-forma" documentation to enable travel to commence.
After the break in diplomatic relations, the United States
initially avoided the use of parole for Cubans fleeing the
island the resorted to the device of waiving the visa re-
quirement on a mass basis on the theory that each case
represented an unforeseen emergency because of the unavail-
ability of consular services in Cuba. This program largely
terminated at the time of the Cuban Missile Crisis of 1962
because travel out of Cuba became impossible.
In October 1962, all commercial transportation between Cuba
and the U.S. ended. The Cuban refugee flow was reduced to
a trickle. In December 1962 the American Red Cross began
sponsoring airflights and vessels which brought Cuban refu-
gees to the United States, primarily relatives of Cubans
already here and prisoners from the "Bay of Pigs" invasion.
These people were directly paroled.
In 1965, Castro announced that certain Cubans who wanted to
leave were free to do so. President Johnson responded that
the U.S. would accept all. Direct parole was the method of
entry. Some Cubans went to third countries (primarily Spain)
as they were unable to get places on the airlifts. Those with
close relatives in the U.S. were given "pre-parole" documenta-
tion (medicals, affidavit of support, security clearance) by
our consulate in Madrid. When they arrived at the U.S. port
of entry, they were paroled into the U.S. by INS. In October,
1973, the Attorney General agreed to a one year parole pro-
gram for those without close relatives here. Documentation
was prepared by the consulates as with the pre-parole program,
but INS personnel interviewed and issued the actual parole
document in Madrid. Cubans in the U.S. were received and
processed by the Cuban Refugee Center in Miami run by HEW.
The Act of November 2, 1966 enabled Cuban refugees to adjust
status to permanent residents.
GERALD FORD LIBRARI
B
16 April 1975
Point Paper for the Special Assistant to the Secretary and
Deputy Secretary of Defense
SUBJECT: Orphan Evacuation Program - Vietnam/Cambodia
MAIN THRUST OF POINT PAPER
- Provides an update on the orphan evacuation program.
DISCUSSION
- On 3 Apr 75, DOD developed procedures for orphan evacuation.
State/AID wholeheartedly concurred.
--- All orphans, upon verification by US Embassy in Vietnam
and Cambodia, would be airlifted on first available
military or commercial contract aircraft to Clark AB.
-- At Clark AB medical evaluation would be made to determine if
orphans should be hospitalized, proceed on normal airlift,
or be medically evacuated.
-- Flights then proceed to San Francisco or Los Angeles with
Seattle as backup where military and volunteer agency
personnel would further process them.
- From 3 through 15 April a total of 1703 orphans (52 Cambodians)
have been flown out of Vietnam/Cambodia. Military Airlift Command
(MAC) transported 883 through Clark AFB, Philippines, of which 43
are currently enroute. Non-DOD carriers, chartered by private
arrangements, transported the balance of 820 orphans.
-- 914 orphans have been moved to San Francisco.
-- 330 orphans have been moved to Los Angeles.
-- 409 orphans have been moved to Seattle.
-- 201 orphans have been moved to Fort Benning, Ga.
(These figures do not total 1703 due to double handling, i.e.,
L.A. and Benning)
- Number and location of orphans currently being processed:
-- Clark AB, Philippines - 5 hospitalized.
Hickam AB, Hawaii - 5 hospitalized.
San Francisco - 65
Los Angeles - 87
Seattle - 18
Fort Benning - 170 (14 hospitalized)
FORD i LIBRARY GERALD
-- Enroute - 43 from Clark AB to Los Alamedas Air Station, Ca.
- Deaths:
-- 5 April crash of C-5 - 190 (figure not final)
-- One died enroute to Clark AB - cause of death, extreme
dehydration. (Infant)
-- One died at Clark AB Hospital - cause of death, sepsis
(absorption of pathogenic microorganisms into blood stream).
(Infant)
-- One died enroute to Los Angeles - cause of death, pneumonia,
dehydration and prematurity. Reported 24 days old.
-- Prognosis - No more deaths expected.
- Future orphan airlift requirements:
-- Known - zero - original "Reported 2000" all processed
-- Possible - 80 (Vietnam) Rumors of 500 to 5000 more.
Tracking this.
- Problems:
--- Despite the official State/AID/DOD system, certain individuals
have operated as free agents making arrangments for contract
flights and direct liaison with the orphanages.
- This has caused considerable confusion and resulted in less
than desirable service for the orphans.
--- News reporters covering commercial arrivals at San
Francisco and Seattle (outside the State/AID/DOD system)
cited health problems with orphans on these flights.
- Current funding status (funded by State/AID) :
-- Airlift $1,156,772
-- Medical 166,938
-- Support
71,916
-- Total obligated as of 15 Apr - $1,395,626
Prepared by: MGEN M.F. Casey, USAF
DOD Orphan Lift Coordinator
OX 74121
2
FORD & LIBRARY
D
SECRET
SCA:LUALENTYNOWICZ/AANTIPPAS:SJE
04/13/75
SCA:LWALENTYNOWICZ
NODIS
&
FORD
IMMEDIATE
SAIGON
GERALD
IMMEDIATE
MANILA
OR
LW
E.O. 11652: GDS
LW/AA
TAGS: AEMR, VS
SUBJECT: E & E AND ALIEN DEPENDENTS OF U.S. CITIZENS
REF: A} SAIGON 4878; B} SAIGON 4829
L. VERY MUCH APPRECIATE YOUR THOUGHTFUL RECOMMENDATIONS
IN THE REFTEL. WE ARE STUDYING YOUR COMMENTS AND WILL
RESPOND IN DETAIL. IN THE MEANTIME WE HAVE SUCCEEDED IN
OBTAINING AUTHORITY FOR A VERY LIMITED RPT VERY LIMITED
PAROLE PROR*GRAM. THIS PROGRAM DEALS ONLY WITH ALIEN
RELATIVES PHYSICALLY PRESENT NOW IN VIET-NAM, OF U.S.
CITIZENS ALSO PHYSICALLY PRESENT NOW IN VIET-NAM. THE
PURPOSE OF THE PROGRAM IS TO ELIMINATE ONE OF THE REASONS
WHY SOME AMERICANS REFUSE TO LEAVE VIET-NAM. IT WILL BE
YOUR RESPONSIBILITY TO MONITOR SUCH PROGRAM AS CAREFULLY
AS POSSIBLE AND YOU SHOULD MAKE AVAILABLE WHATEVER SECURITY
FACILITIES NECESSARY TO PERMIT YOU TO SAY NO REPEAT NO TO
THOSE WHO DON'T QUALIFY.
2. THE CRITERIA OF SUCH A PAROLE PROGRAM IS AS FOLLOWS:
A} EVERY SUBJECT MUST BE PHYSICALLY RPT PHYSICALLY
PRESENT IN VIET-NAM AND MUST HAVE THE SPECIAL FAMILY
RELATIONSHIP HEREAFTER DESCRIBED;
SECRET
KBH 6/2/97
FORM DS 322A{0CR}
SECRET
2
B} SUCH FAMILY RELATIONSHIP MUST BE ONE OF THE FOLLOWING
TYPE AS MORE SPECIFICALLY DEFINED IN THE INA AND THE
REGULATIONS:
1} LAWFUL SPOUSE
2} CHILDREN
3} MOTHER OR FATHER OF U.S. CITIZEN
43 MOTHER OR FATHER OF ALIEN SPOUSE
5} MINOR UNMARRIED SIBLINGS OF ALIEN SPOUSE
6} MINOR UNMARRIED SIBLINGS OF AN AMERICAN CITIZEN
C} EACH SUBJECT MUST HAVE IN PHYSICAL POSSESSION ALL
AVAILABLE DOCUMENTS NECESSARY TO ESTABLISH SUCH SPECIAL
FAMILY RELATIONSHIP AND BASIS TO ESTABLISH THAT SUBJECT'S
QUALIFICATION AS AN IMMIGRANT UNDER THE INA WHERE EVER
APPLICABLE.
D} FORM I-94 MUST BE FILLED OUT FOR EACH AND EVERY SUBJECT.
E} EVERY EFFORT SHOULD BE MADE TO ASCERTAIN THAT APPLICANTS
ARE MEDICALLY QUALIFIED, OR IF THEY HAVE A CLASS A CON-
DITION THAT IT IS WAIVEABLE. APPROPRIATE TRANSPORTATION
ARRANGEMENTS SHOULD BE MADE FOR APPLICANTS WITH CONTAGIOUS
CONDITIONS, SUCH AS ACTIVE PULMONARY TUBERCULOSIS. ANY
PERSONS WITH SERIOUS MEDICAL PROBLEMS, INCLUDING WOMEN
ABOUT TO GIVE BIRTH, SHOL*ULD BE RETAINED AT CLARK AFB OR
OTHER INTERMEDIATE MILITARY STOP FOR APPROPRIATE MEDICAL
TREATMENT AND CLEARANCE AND/OR APPROPRIATE TRANSPORTATION
{I.E., MEDEVAC}.
F} THE AMERICAN CITIZEN WHO IS IN THE STATED FAMILY
RELATIONSHIP MUST ACCOMPANY THE INTENDED PAROLEES WHEN
THEY DEPART UNLESS CONTINUED PRESENCE OF SUCH AMERICAN
CITIZEN IN VIET-A*NAM IS ESSENTIAL AS DETERMINED BY THE
EMBASSY.
3. LISTS OF THE NAMES OF RELATIVES ELIGIBLE FOR PAROLE
SHOULD BE CABLED TO DEPARTMENT SLUGGED FOR SCA, INS, AND
vo. SUCH LISTS SHOULD ALSO BE PROVIDED TO THE TRANSPORTA-
TION COMPANY CONCERNED WITH A LETTER AUTHORIZING THEIR
TRANSPORTATION WITHOUT VISA TO A U.S. POST OF ENTRY. IT
IS CONTEMPLATED THAT MAJORITY OF POTENTIAL PAROLEES WILL
BE ARRIVING INDEPENDENTLY AT VARIOUS POSTS OF ENTRY,
CONSEQUENTLY THE TRANSPORTATION COMPANIES AND INS PARTIC-
ULARLY SHOULD BE ADVISED AS AVO**ABOVE so AS TO BE ABLE TO
IDENTIFY THOSE CLEARED AND AUTHORIZED TO so TRAVEL BY THE
EMBASSY.
SECRET
FORM DS 322A{0CR}
SECRET
13
4. THE AMERICAN CITIZEN WHO IS IN THE STATED FAMILY
RELATIONSHIP SHOULD BE AWARE THAT HE IS RESPONSIBLE FOR
SUCH PAROLEES INCLUDING THE COST OF TRANSPORTATION CARE,
MAINTENANCE AND RESETTLEMENT, ETC.
5. IN ORDER TO MAXIMIZE MANPOWER AND SPACE SUGGEST THAT
PERSONNEL FROM CONGENS CAN THO AND BIEN HOA BE PRESSED
INTO SERVICE AS A SECOND SHIFT TO THE EXTENT SAIGON
CURFEW REGULATIONS PERMIT. YOU SHOULD LALSO ASK FOR
ADDITIONAL EMBASSY STAFF, PARTICULARLY LANGUAGE OFFICERS
IF NECESSARY.
6. IN CASE OF VISA APPLICANTS SH**WHO ARE CLAIMED BY
FOREIGN SERVICE EMPLOYEES AS DEPENDENTS, PLEASE COORDINATE
WITH EMBASSY PERSONNEL OFFICE OR PERSONNEL OFFICES OF
OTHER AGENCIES. THESE OFFICES CAN ASSIST EMPLOYEES IN
PREPARING AND SUBMITTING NECESSARY FORMS {FOR STATE DEPT
A JF-20} FOR LISTING BONA FIDE DEPENDENTS.
7. FINALLY, WOULD ALSO APPRECIATE IT IF YOU WOULD GIVE
US AS ACCURATE FIGURES AS POSSIBLE ON NUMBER OF ALIEN
DEEPPENDENTS IN CATEGORIES ENUMERATED ABOVE WHO WILL
REQUIRE ENTRY INTO THE UNITED STATES. WE HAVE EXPERIENCED
SOME DIFFICULTY IN RATIONALIZING THE FIGURES GIVEN IN
PARA 2, REFTEL B WITH DAILY 3*E&E STATISTICAL READOUT.
NOTE: TO THE EMBASSY IN MANILA: PLEASE GIVE THE
PHILIPPINE GOVERNMENT THE NECESSARY ASSURANCES THAT ANY
PAROLEES STOPPING IN THE PHILIPPINES ARE THERE TEMPORARILY
AND THAT THE U.S.G. WILL ARRANGE FOR THEIR ONWARD MOVEMENT
WHEN CIRCUMSTANCES PERMIT. YY
SECRET
p
D
SECRET
KBH.6/3/97
ACTION: IMMEDIATE SAIGON
FORD & LIBRARY GERALD
INFO:
ALL OTHER EAST ASIAN AND PACIFIC DIPLOMATIC
AND CONSULAR POSTS
EO 11652:GDS
Tags: CVIS; SREF; VII, US
SUBJECT:
REF: State
1. An additional, but still very limited rpt very limited parole
authorization has been granted for certain relatives of persons who are
US citizens or Vietnamese permanent resident aliens, but who are not
physically present in Viet-Nam, provided the aliens are desirous of
travelling to the US.
2. Classes of aliens to whom this parole authority applies are -
a. beneficiaries of approved immediate relative or first, second and
fourth preference petitions; and
b. beneficiaries of approved fifth preference petitions who are
unmarried and under twenty-one years of age; and
C. parents of Vietnamese permanent resident aliens provided conditions
set forth in para 4 below are met; and
d. aliens entitled to derivative immigrant status (under Sec. 203(a) (9))
from categories a, b, and c above.
SECRET
$ 2 #
3. In cases involving beneficiaries of approved petitions, petition
or notice of approval thereof must be received at EMbassy prior to alien's
departure from Viet-Nam.
4. Before parents of permanent resident aliens (see par. 2(c) above)
may qualify for parole relationship to and status of permanent resident
must be established. Department foresees possible problems in informing
resident aliens of need to file Form I-550 with INS for verification of
status. Department and INS prepared assist in this process if Embassy
can cable names and US address of resident aliens in such cases. Would
appreciate Embassy's comments as to feasibility of this proposal.
5. All grounds of inadmissibility set forth in section 212(a) of Act other
than (14), (15), (20), (21) and (26) will apply to aliens in authorized
categories. An ineligibility which could be waived pursuant to section 212(g),
(h) or (1) in a normal IV case is deemed to be overcome for purposes of parole.
Other grounds of inadmissibility are not waived and preclude parole for
aliens concerned. Consular officer should make every possible effort to
satisfy himself of alien's admissibility in each case.
SECTION
-3-
6. Every alien who will be paroled under this authority must have properly
completed form I-94 (parole edition, if available) ready for submission to
INS upon arrival at port of entry. Department assumes, however, that this
can be handled while aliens enroute to US and requests that Embassy emphasize
8
to carriers necessity of proper completion of forms.
3. Lists of the names with date and place of birth of relatives eligible
for parole should be cabled daily to Department slugged for SCA, INS, and vo.
Such lists should also be provided to the transportation company concerned
with a letter authorizing their transportation without visa to a US port of
entry. It is contemplated that majority of potential parolees will be arriving
independently at various ports of entry, consequently the transportation com-
panies and INS particularly should be advised as above so 89 to be able to
identify those cleared and authorized to so travel by the Embassy. Embassy
should use its discretion as to when to issue group or individual latters
authorizing such travel, as long as the letters adequately serve the above-
stated purpose.
8. All parolees should be advised that they dor their sponsor are responsible
for the cost of transportation, care, maintenance, and resettlement, etc. In
addition all parolees should understand that parole is simply a temporary admis-
sion into the US and that each of them still have to adjust their status and
qualify as lawful immigrants under US law.
SECRET
mism
9. Department quite concerned about possible medical problems among parolees.
Appropriate special travel arrangements must be made for any parolee having
active pulmonary tuberculosis. Any other persons with serious medical prob-
lems, including women- about to give birth, should be referred to and retained
at Clark AFB or other intermediate military stop for medical treatment and
clearance and/or appropriate transportation (i.e., MEDEVAC).
10. Again it will be your responsibility to minitor this program as care-
fully as possible. Failure to do so will result in advarse reaction BO as
to prevent any further extension of parole authority to any other groups of
aliens that could be considered in future. Emphasize this again to military
and other functioneries who for reasons of compassion and otherwise are par-
mitting undocumented aliens, not potentially qualified as immigrants, to
board military transports.
SCA/VO:CDScully;JArias;licg 4/16/75
SECRET
KBH 6/3/97
ACTION:
IMMEDIATE
CAHBODIA
INFO:
ALL OTHER EAST ASIAN AND PACIFIC DIPLOMATIC
AND CONSULAR POSTS
EO 11652:GDS
Tage: CVIS; SREF; VN, US
SUBJECT: Parole of Cambodians in Thailand
REF: State
la. We understand from your cable No. 6282 that the US evacuated 983
cambodians. Parola has been authorized for those Cambodians who have
in fact been evacuated by the US provided they express a desire to come
to the United States and are processed in accordance with the procedure
set forth below. Any other Cambodians when you believe should be authorized
to come to the United States as parolees because of extraordinary circum-
stances should be rpported with identifying data and pertinent facts on
an individual basis for consideration.
2a. All grounds of inadmissibility set forth in section 212(a)
of Act other than (14), (15), (20), (21) and (25) will apply to all
aliens. An ineligibility which could be waived pursuant to section
212(3), (h), or (1) in a normal IV case is deemed to be overcome for pur-
poses of parole. D2Der grounds of inadmissibility are not waived and pre-
.elude parole for aliens concerned. Consular officer should make every pos-
sible effort to satisfy himself of alien's admissibility in each case.
b. All aliens should be encouraged to make every effort to present
and carry passport, birth certificate, or other appropriate identity docu-
ments.
C. Every alien approved for parole pursuant to the authority in
or ENTERED
- 2 -
Chis telegram shall be given a letter addressed to INS officer-in-charge
at port of entry stating that parole authorized. Letter should contain
name and DPOB of alien. Also attach to letter photograph of alien and
affix impression seal thereto.
d. All parolees should be advised that if financially able, they
or their sponsor are responsible for the cost of transportation, care,
maintenance, and resattlement, etc. In addition all parcless should
understand that perole is simply a temporary admission into the US and
that each of them still have to adjust their status end qualify as
lawful ismigrants under US law.
e. Every alien who will be paroled under this authority must have
properly complated form I-94 (parole edition, if available) ready for
submission to INS upon orrival at port of entry. Department assumes,
however, that this can be handled while aliens enrouts to US and requests
that Embassy emphasize to carriera necessity of proper completion of
process.
f. Department quite concerned about possible medical problems
among parolees. Appropriate special travel arrangements must be made
for any paroles having active pulmonary tuberculosis. Any other persons
with serious medical problems, including wasen about to give birth, should
be referred to and retained at Clark AFB or other intermediate military
stop for medical treatment and clearance and/or appropriate transportation
(1.8., MEDEVAC).
DEPARTMENT OF STATE
ADMINISTRATOR
BUREAU OF SECURITY AND CONSULAR AFFAIRS
FORD & LIBRARY GERALD
WASHINGTON
SECRET
April 16, 1975
MEMORANDUM FOR: Mr. Theodore Marrs
The White House
FROM: Leonard F. Walentynowicz
SUBJECT: Expanding Parole Authority
Pursuant to our telephone conversation late this
afternoon, and your request for further comment, I am
sending you this memorandum to indicate that the State
Department believes it is necessary to have broader
parole authority than that specifically described in
the two proposed cables, attached. We wish to see
included in the cable to Cambodia the authority to
parole Cambodian refugees beyond those specifically
mentioned. We would estimate that the number of
Cambodian refugees is not likely to exceed 3,000
persons. To allay any fear of excessive numbers,
we would be willing to accept, however, a numerical
limitation.
As I am sure the President is aware, that even
though the Attorney General can exercise parole authority
without the concurrence of Congress, as a practical matter
such concurrence is initially desirable as failure to
obtain same might result in Congressional hesitation to
appropriate sufficient funds to care for those persons
who are paroled and who in fact need financial assistance.
This, of course, is of greater significance in connection
with any additional grants of parole dealing with those
Vietnamese who have no family connections in the U.S. and
are considered vulnerable to Communist harm.
Attachments:
As stated.
SECRET-GDS
KBH 6/3/97
emergency PROGRAM FOR PAROLE OF REFUGRES FROM VIETNAM
At the President's news conference of April 3, 1975 he stated
that the Attorney General's authority, which had been used several
FORD R. GERALD LIBRARY
times since World War II to permit victims of war and persecution to
come to the United States, would be considered for Vietnamese refugees.
In light of past experience with refugee programs generated by
varying conditions in foreign countries the following considerations
and recommendations are offered.
1. Time element, The period of time available for moving
refugees out of Vietnam could be severely limited. It
is not unlikely that within a matter of weeks the military
situation will prevent any movement of refugees out of
that country. Alternatively, some orderly movements may
be possible.
2. Potential number of refugees. STATE Department estimates
of potential Vietnamese refugees could run as high as
1,707,000, composed of:
- Vietnamese employees of U.S. and their dependents
164,000
- SENior Vietnamese officials and their dependents
By KBH NABA, Date 6/3/97
State Dept. Guidelines
and others closely identified with U.S.
600,000
E.O. 12358 Sec. 3.6
DECLASSIFIED
- Close relatives of U.S. citizens and permanent
93,000
residents
- FORmer Vietnamese employees of U.S. and their
dependents
850,000
- 2 $
3. RElatives of U.S. citizens and permanent residents.
These relatives now in Vietnam are entitled to enter the
United States under present law, 1f they 30 wish, and if
proper petitions or applications are submitted on their
behalf provided they are otherwise admissible under the
law. Arrangements are now being made to process and
move these people at the earliest possible date. The
parole authority is and should be used to speed this
process.
4. Bona fide refugees. Included in this category would be
all of those considered by the State Department to be in
the high risk category, and their dependents. The number
could be large.
(a) In the 1950's we paroled some 40,000 Hungarian
refugees into the United States. In the 1960's
we paroled in some 675,000 Cubane into the United
States. In the early 1970's we paroled 3500
Ugandans. In the case of the Hungarians and the
Ugandans other countries in the world took a share
of the total refugees. In the case of the Cubans
the President stated publicly that the United
States would accept all the Cuban refugees who
could get here; a few went in addition to other
countries in the world. This unqualified offer
to accept Cuban refugees enabled CAStro to rid
- 3 -
himself of several hundred thousand of his un-
desirables, including large numbers of dissidents
as well as many who were infirm or aged,
(b) At this time it is the opinion of the Justice Depart-
ment that the United States should be called upon to
accept only a limited and finite number of refugees.
This statement is made in the light of the impact
that would be felt on our economy and our social
structure by the ingress of very large numbers.
(c) Consequently the United States should decide to accept
only a limited number and through all channels and the
United Nations other countries should be urged to
accept a fair share of however many refugees there
may turn out to be.
5. Implementation. The handling of large numbers of refugees
will require:
a. TRANSportation.
b. Screening for health, security, and immigration
criteria.
C. Staging area in a third country to include
representatives of other countries who will accept
refugees.
d. Reception centers in the United States.
- 4 *
838038
e. Housing, food, clothing, jobs voluntary agencies,
HEW, and Labor to play the major roles.
E. Funding for all the above.
6. Recommendations.
a. Immediate parole decisions should be made.
b. Immediate relatives of United States citizens
and permanent residents (who are now entitled
to enter the United States under present law)
be paroled to expedite the process. This matter
is being handled now by State and Justice in
cooperation with the White House and appropriate
Congressional Committees.
c. A maximum of 50,000 bona fide refugees or 40% of
the total, whichever is less, be paroled into the
United States. All others to be absorbed by other
countries under the suspices of U.N. and international
agencies.
d. To become permanent residents of the U.S. all in
b. and C. above must meet the full requirements of
the Immigration and Nationality Act.
B. At the proper time, a public announcement of the foregoing
be made to prevent a mass exodus based on false hopes.
/
SECRET
- 5 -
f. If the foregoing, or some modification, are
approved, the several governmental departments
be directed to commence planning accordingly.
SECRET
E
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01963
REASON FOR WITHDRAWAL
National security restriction
TYPE OF MATERIAL
Memorandum
DESCRIPTION
re program for parole of refugees from
Vietnam
CREATION DATE
04/1975?
VOLUME
5 pages
COLLECTION/SERIES/FOLDER ID
016400102
COLLECTION TITLE
Theodore C. Marrs Files
BOX NUMBER
10
FOLDER TITLE
Indochina Refugees - Parole Authority
(1)-(2)
DATE WITHDRAWN
12/21/1989
WITHDRAWING ARCHIVIST
WHM