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Refugees - Indochina General (3)
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Refugees - Indochina General (3)
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This file contains operation Babylift, orphan airlift.
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Vietnam (Republic)
Cambodia
Vietnamese Americans
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The original documents are located in Box 58, folder "Refugees - Indochina General (3)" of
the Philip Buchen 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 R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
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domain. The copyrights to materials written by other individuals or organizations are presumed to
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these materials.
Digitized from Box 58 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
OF BROM
Office of the Attorney General
PRO
Washington, n. C. 20530
DOMINA
JUSTITIA
*
May 2, 1975
The Honorable Philip Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
As we have discussed, although the Attorney
General is out of town, he would like the President to
be informed of his views on the admission to the United
States of Vietnamese refugees for whom parole has not
already been authorized. He does not share the view ex-
pressed by the Immigration and Naturalization Service in
Commissioner Chapman's May 1, 1975 memorandum, although
it should be recognized that the INS view is probably con-
curred in by many members of the Congress. The Attorney
General's views are as follows:
1. The United States should not refuse
to admit all of those refugees who were not
evacuated as part of the program the United
States conducted. Rather, we should now accept
those who have escaped, but are not presently
in any country, including the approximately
30,000 refugees now on Vietnamese naval ships.
There does not appear to be a reliable estimate
of the number who may ultimately fall into this
category. However, a time limit could be set
to discourage the continuing exodus which charac-
terized the Cuban experience.
It is recommended that Vietnamese refugees
in third countries be treated the same as similarly
situated Cambodian refugees. Thus, they should be
required to request asylum in the third country
and, if refused, apply to the various international
organizations for resettlement assistance. They
- 2 -
should be considered for admission to the
United States in limited numbers on a case-
by-case basis only if the first two steps
have failed and they face imminent return to
Vietnam. Congress has appropriately urged
internationalization of the effort to assist
the refugees. The refugees in third countries
are the most likely to receive international
assistance.
2. As the United States is a signatory
to the United Nations Convention on the status
of refugees, those refugees authorized entry to
a United States territory, such as Guam, will
be generally entitled to asylum, which would
permit them to remain in the United States
indefinitely. Therefore, the decision on the
types and numbers of refugees to be accepted by
the United States must be made before they are
located in the United States territory. The
Vietnamese naval vessels carrying approximately
30,000 people are expected to arrive in Guam in
4 to 6 days.
3. It is apparent that Congress has become
increasingly reluctant to support the refugee
program. This was expressed to the Department of
Justice earlier this week when the Senate and
House Judiciary Committees declined to concur
when the Attorney General authorized the parole
of an additional number of orphans. Yesterday
Senator Eastland, who had previously concurred in
the parole of up to 130,000 refugees without con-
sulting the Senate Judiciary Committee, refused to
express a view on whether he would personally con-
cur in expanding the categories or numbers eligible
for parole and indicated that the matter would re-
quire a full Committee hearing which could not be
held before next Wednesday.
It is important that Congress address and
decide the hard questions which face the President
before they are academic. Congress should be con-
- 3 -
sulted now concerning the refugees who are
at sea and be required to offer their advice
before those refugees not presently authorized
parole arrive in Guam.
In view of the mounting resistance in Con-
gress and the limited time available for con-
sultation, it is recommended that the President
make a public appeal on behalf of the refugees
and meet personally with as many members of
Congress as possible in order to influence their
views and obtain their advice before large addi-
tional numbers of refugees are accepted in United
States territory.
We hope the foregoing information will be furnished
to the President with the views of the Department of State
and the Immigration and Naturalization Service. Thank you
for your assistance.
Sincerely yours,
Alah R. Nonf
Mark L. Wolf
Special Assistant to
the Attorney General
CC. L. H. Chapman, Jr.
Commissioner
Immigration & Naturalization
Service
Ambassador L. Dean Brown
Office of the Attorney General
PRO
SEQUITUR
Washington, D. C. 20530
DOMTNA
JUSTITIA
May 2, 1975
The Honorable Philip Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
As we have discussed, although the Attorney
General is out of town, he would like the President to
be informed of his views on the admission to the United
States of Vietnamese refugees for whom parole has not
already been authorized. He does not share the view ex-
pressed by the Immigration and Naturalization Service in
Commissioner Chapman's May 1, 1975 memorandum, although
it should be recognized that the INS view is probably con-
curred in by many members of the Congress. The Attorney
General's views are as follows:
1. The United States should not refuse
to admit all of those refugees who were not
evacuated as part of the program the United
States conducted. Rather, we should now accept
those who have escaped, but are not presently
in any country, including the approximately
30,000 refugees now on Vietnamese naval ships.
There does not appear to be a reliable estimate
of the number who may ultimately fall into this
category. However, a time limit could be set
to discourage the continuing exodus which charac-
terized the Cuban experience.
It is recommended that Vietnamese refugees
in third countries be treated the same as similarly
situated Cambodian refugees. Thus, they should be
required to request asylum in the third country
and, if refused, apply to the various international
organizations for resettlement assistance. They
- 2 -
should be considered for admission to the
United States in limited numbers on a case-
by-case basis only if the first two steps
have failed and they face imminent return to
Vietnam. Congress has appropriately urged
internationalization of the effort to assist
the refugees. The refugees in third countries
are the most likely to receive international
assistance.
2. As the United States is a signatory
to the United Nations Convention on the status
of refugees, those refugees authorized entry to
a United States territory, such as Guam, will
be generally entitled to asylum, which would
permit them to remain in the United States
indefinitely. Therefore, the decision on the
types and numbers of refugees to be accepted by
the United States must be made before they are
located in the United States territory. The
Vietnamese naval vessels carrying approximately
30,000 people are expected to arrive in Guam in
4 to 6 days.
3. It is apparent that Congress has become
increasingly reluctant to support the refugee
program. This was expressed to the Department of
Justice earlier this week when the Senate and
House Judiciary Committees declined to concur
when the Attorney General authorized the parole
of an additional number of orphans. Yesterday
Senator Eastland, who had previously concurred in
the parole of up to 130,000 refugees without con-
sulting the Senate Judiciary Committee, refused to
express a view on whether he would personally con-
cur in expanding the categories or numbers eligible
for parole and indicated that the matter would re-
quire a full Committee hearing which could not be
held before next Wednesday.
It is important that Congress address and
decide the hard questions which face the President
before they are academic. Congress should be con-
- 3 -
sulted now concerning the refugees who are
at sea and be required to offer their advice
before those refugees not presently authorized
parole arrive in Guam.
In view of the mounting resistance in Con-
gress and the limited time available for con-
sultation, it is recommended that the President
make a public appeal on behalf of the refugees
and meet personally with as many members of
Congress as possible in order to influence their
views and obtain their advice before large addi-
tional numbers of refugees are accepted in United
States territory.
We hope the foregoing information will be furnished
to the President with the views of the Department of State
and the Immigration and Naturalization Service. Thank you
for your assistance.
Sincerely yours,
alah R. Nonf
Mark L. Wolf
Special Assistant to
the Attorney General
cc. L. H. Chapman, Jr.
Commissioner
Immigration & Naturalization
Service
Ambassador L. Dean Brown
FOR IMMEDIATE RELEASE
MAY 1, 1975
Office of the White House Press Secretary
THE WHITE HOUSE
TEXT OF A LETTER TO THE SPEAKER OF THE HOUSE
April 30, 1975
Dear Mr. Speaker:
In view of the urgent need for funds to pay for humanitarian assistance
and transportation of refugees from South Vietnam, I request that the
House of Representatives act quickly to approve the Conference Report
on H.R. 6096, the Vietnam Humanitarian Assistance and Evacuation Act
of 1975. In making this request, I am aware that sections 4 through
9 of H.R. 6096 have been overtaken by events and have no further utility.
Nevertheless, the enactment of the bill as recommended by the Conference
Report is the most expeditious method of obtaining funds which are now
desperately needed for the care and transportation of homeless refugees.
As I stated yesterday, the evacuation has been completed. The Congress
may be assured that I do not intend to send the armed forces of the
United States back into Vietnamese territory.
Approximately 70,000 evacuees are now located on various safe haven is-
lands, on U.S. Navy vessels and on civilian vessels. These individuals are
being cared for by agencies of the United States Government while being
processed through a system established to relocate them in the United
States and in other countries.
Although the specific cost of activities related to the evacuation cannot
be fixed at this point, it is estimated that direct U.S. expenditures to
care for and process these evacuees, and contributions to international
organizations and private voluntary agencies to assist in this effort,
will exceed $400,000,000. Available funds already appropriated to
provide aid to Vietnam will be reprogrammed and utilized to the max-
imum extent possible. But the additional authority of $327,000,000 will
be required to fully meet immediate needs.
The authority of this legislation, followed by appropriations as soon
as possible, is necessary to continue this operation, to integrate the
evacuees into the United States and other countries and to permit con-
sideration of further humanitarian assistance which may be consistent with
the provisions of H.R. 6096 and American policy objectives.
I urge the immediate enactment of H.R. 6096.
Sincerely,
GERALD R. FORD
#
#
#
FOR IMMEDIATE RELEASE
MAY 1, 1975
Office of the White House Press Secretary
THE WHITE HOUSE
STATEMENT BY THE PRESIDENT
I am saddened and disappointed by the action of the House of Representatives
today in rejecting assistance to the refugees from South Vietnam.
This action does not reflect the values we cherish as a nation of
immigrants. It is not worthy of a people which has lived by the philosophy
symbolized in the Statue of Liberty. It reflects fear and misunderstanding,
rather than charity and compassion.
Despite the House vote, I believe that in this tragic situation the
American people want their country to be guided by the inscription on the
Statue of Liberty:
"Give me your tired, your poor
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore,
Send these, the homeless, tempest-tossed, to me:
I lift my lamp beside the golden door."
After World War 11, the United States offered a new life to 1,400,000
displaced persons. The generosity of the American people showed again
following the Hungarian uprising of 1956 when more than 50,000 Hungarian
refugees fled here for sanctuary. And we welcomed more than a half million
Cubans fleeing tyranny in their country.
Now, other refugees have fled from the Communist take-over in Victnam. These
refugees chose freedom. They do not ask that we be their keepers but only,
for a time, that we be their helpers.
Some members of the House of Representatives apparently voted against the
legislation to assist the refugees because of a section relating to evacuation
from South Vietnam. The evacuation is complete.
I urge the members of the House of Representatives and of the Senate to
approve quickly new legislation providing humanitarian assistance to the
South Vietnamese refugees. To do otherwise would be a repudiation of the
finest principles and traditions of America.
#
#
#
THE WHITE HOUSE
WASHINGTON
Evecuation
FOR:
Phil Buchen
FROM:
Brent Scowcroft
DEPARTMENT OF STATE
THE THE
Washington, D.C. 20520
CONFIDENTIAL
May 1, 1975
MEMORANDUM FOR:
GENERAL SCOWCROFT
FROM:
L. YEAN BROWN
Enclosed is a memorandum I am sending Secretary Kiss-
inger, as well as Chapman's position.
Enclosure
DEPARTMENT OF STATE
DIRECTOR
Washington, D.C. 20530
CONFIDENTIAL
May 1, 1975
MEMORANDUM FOR:
THE SECRETARY
FROM:
L. DEAN BROWN
Subject:
Evacuation
Look at these figures:
1. 35 VN ships with 30,000 heading for Subic
2. 8 US chartered ships with 39,000 heading for Subic
3. USN Task Force with 6,700 heading for Subic
4. 500 Vietnamese in Taiwan, half Navy, half
another agency
5. 2,500 Diplomats, high risk, etc., in third
countries
6. 41,000 in processing centers
All this adds up to 120,000 Vietnamese who have escaped
and are looking towards us for help and refuge. In ad-
dition 7,400 Vietnamese have already entered the U.S.
legally.
We have a grave political problem. with the Americans
safely out of Saigon, the Congress is starting to cool
off on the Vietnamese problem. Bob McCloskey is fully
aware of this problem and is working already with the
White House on it.
The White House staff is considering a strong Presidential
statement. I have urged that it be done soonest. This
will be discussed at Rumsfeld's 8:00 a.m. meeting tomorrow.
I have also asked that we move forward on the Advisory
Committee. I hope you'll support both and that you'll
phone Rumsfeld, so saying.
DECLASSIFIED
E.O. 12958 Sec. 3.6
CONFIDENTIAL
State Department Guidelines
KBH MARA, Ont 6/2/97
CONFIDENTIAL
-2-
You should know that INS strongly opposes any additional
parole for high risk and is making this point strongly
with the Attorney General. He is wavering. I attach
a copy of INS's views, just given me. It's very strong.
The gut issue is this: any Vietnamese who reaches Guam
is "ours;" that is to say, when someone reaches our soil,
we cannot throw him out. Article 33 of the Convention
and Protocol on the Status of Refugees to which we are
signatories and which was Senate-ratified states "Con-
tracting States shall not expel a refugee lawfully in
their territory save on grounds of national security
or public order." The Russian sailor Kuderka case is
also pertinent.
What Chapman recommends is refusal of permission to land
on Guam. This would mean that we force the Vietnamese
Navy to return to the high seas with easily foreseen
results: a sort of Flying Dutchman status. You can
imagine the consequences of this a year from now.
To avoid this we'll need further parole authority. I've
already said Congress will be cool, possibly even hostile
unless public opinion is turned around.
Genuine internationalization is just not on. We'll get
some but we'll never satisfy those who say other nations
should take a "fair share." Of course, we'll pursue this
goal, but we can't be under any illusion that it will
make a real dent in the numbers.
We are running well behind the formation of public
opinion and thus far have been reacting and not taking
the initiative. I feel strongly that we need a sustained
public campaign to generate support for carrying through
on our moral commitment to these people. There is a large
amount of latent support that could be made active with a
strong Presidential speech - no matter how brief if on
nationwide television - followed by the creation of the
Advisory Committee.
Attachment
CONFIDENTIAL
Dean Brown, Director of the Special
1 May 1975
Interagency Task Force
L. F. Chapman, Jr.
Commissioner of Immigration & Naturalization
Admission to Guam and subsequent parole of additional Vietnamese
Refugees.
1.
Stated below is the position of the Immigration and
Naturalization Service with regard to the admission
at Guam and parole of any Vietnamese beyond those for
whom categories and limits have already been approved.
It is requested that this position be included in presentations
to the President on this subject.
2.
To this point we have authorized parole of those high
risk Vietnamese who were lifted out or assisted out by
United States resources. This category would include
the some 22, 000 Vietnamese who are now understood to be
on United States Navy ships enroute to Guam. We have
not so far agreed to parole any who got out of Vietnam by
any other means.
3.
It is understood that the present proposal is to accept.
on United States soil (Guam) and parole those who are
able to get out of Vietnam on their own to include those
now understood to be on vessels and craft of the Arvn
Navy number about 37, 000. This proposal would also lead
logically to a later move to Guam and parole of those who
have managed to get out by any means to include on feet,
by vehicle, by aircraft or by any other ships or craft.
4.
Immigration Service opposes the proposal for the following
reasons:
a. Once the alien lands on Guam he is entitled to
apply for asylum and his right to remain must
be considered under the United Nations Protocol
relating to refugees.
b. The social, economic, and political impacts of
entering into the United States of large additional
numbers of Vietnamese refugees are considered to
be severe.
- 2 -
c. The proposal is open ended, in that it would logically
lead to admitting many additional to those now on board
the Arvn refugee ships and craft and would therefore
trend toward the Cuban experience in which the President
announced that the United States would accept any Cuban
who could escape Cuba -- 675, 000 did SO.
3.
Conclusions and Recommendations.
a. A limit should be set and announced as to the number of
high risk and other refugees (other than relatives) that
United States will admit on to U.S. soil and parole.
The public announcement would be for the purpose of
raising false hopes resulting in a mass exodus.
b. That a clear line be drawn between those the United
States lifted or assisted out, on the one hand, and on
the other those who managed to get out on their own or
by any other means.
C. That the previous limit of 50, 000 for high risk refugees
will accommodate or nearly so those that we have lifted
or assisted out. It should not be increased.
d. Do not permit those now on the Republic of Vietnam ships
and craft to land on U.S. soil at Guam.
e. Do not permit all others who get out by any means to set
foot on U.S. soil. Refuel the Arvn ships and craft and
direct them to seek a third country port and appeal to
the United Nations High Commissioner for Refugees.
f. Continue to urge the United Nations High Commissioner for
Refugees to handle all other Refugees.
THE WHITE HOUSE
WASHINGTON
FOR:
Phil Buchen
FROM:
Brent Scowcroft
DEPARTMENT OF STATE
date
Washington, D.C. 20520
CONF IDENTIAL
May 1, 1975
MEMORANDUM FOR:
GENERAL SCOWCROFT
FROM:
L. M BROWN
Enclosed is a memorandum I am sending Secretary Kiss-
inger, as well as Chapman's position.
Enclosure
DEPARTMENT OF STATE
THE
Washington, D.C. 20520
CONF IDENTIAL
May 1, 1975
MEMORANDUM FOR:
THE SECRETARY
FROM:
L. DEAN BROWN
Subject:
Evacuation
Look at these figures:
1. 35 VN ships with 30,000 heading for Subic
2. 8 US chartered ships with 39,000 heading for Subic
3. USN Task Force with 6,700 heading for Subic
4. 500 Vietnamese in Taiwan, half Navy, half
another agency
5. 2,500 Diplomats, high risk, etc., in third
countries
6. 41,000 in processing centers
All this adds up to 120,000 Vietnamese who have escaped
and are looking towards us for help and refuge. In ad-
dition 7,400 Vietnamese have already entered the U.S.
legally.
We have a grave political problem. with the Americans
safely out of Saigon, the Congress is starting to cool
off on the Vietnamese problem. Bob McCloskey is fully
aware of this problem and is working already with the
White House on it.
The White House staff is considering a strong Presidential
statement. I have urged that it be done soonest. This
will be discussed at Rumsfeld's 8:00 a.m. meeting tomorrow.
I have also asked that we move forward on the Advisory
Committee. I hope you'll support both and that you'll
phone Rumsfeld, SO saying.
DECLASSIFIED
SONEIDENTIAL
E.O. 12356, Sec. 3.4.
MR 92.51, #24.. State ltr 1/14/93
By 1CBH NARA, Date 3/16/93
CONFIDENTIAL
-2-
You should know that INS strongly opposes any additional
parole for high risk and is making this point strongly
with the Attorney General. He is wavering. I attach
a copy of INS's views, just given me. It's very strong.
The gut issue is this: any Vietnamese who reaches Guam
is "ours;" that is to say, when someone reaches our soil,
we cannot throw him out. Article 33 of the Convention
and Protocol on the Status of Refugees to which we are
signatories and which was Senate-ratified states "Con-
tracting States shall not expel a refugee lawfully in
their territory save on grounds of national security
or public order." The Russian sailor Kuderka case is
also pertinent.
What Chapman recommends is refusal of permission to land
on Guam. This would mean that we force the Vietnamese
Navy to return to the high seas with easily foreseen
results: a sort of Flying Dutchman status. You can
imagine the consequences of this a year from now.
To avoid this we'll need further parole authority. I've
already said Congress will be cool, possibly even hostile
unless public opinion is turned around.
Genuine internationalization is just not on. We'll get
some but we'll never satisfy those who say other nations
should take a "fair share." Of course, we'll pursue this
goal, but we can't be under any illusion that it will
make a real dent in the numbers.
We are running well behind the formation of public
opinion and thus far have been reacting and not taking
the initiative. I feel strongly that we need a sustained
public campaign to generate support for carrying through
on our moral commitment to these people. There is a large
amount of latent support that could be made active with a
strong Presidential speech - no matter how brief if on
nationwide television - followed by the creation of the
Advisory Committee.
Attachment
CONPIDENTIAL
COPY
(poor copy as actually
rec'd attached)
Dean Brown, Director of the Special
1 May 1975
Interagency Task Force
L. F. Chapman, Jr.
Commissioner of Immigration & Naturalization
Admission to Guam and subsequent parole of additional Vietnamese
Refugees.
1.
Stated below is the position of the Immigration and
Naturalization Service with regard to the admission
at Guam and parole of any Vietnamese beyond those for
whom categories and limits have already been approved.
It is requested that this position be included in presentations
to the President on this subject.
2.
To this point we have authorized parole of those high
risk Vietnamese who were lifted out or assisted out by
United States resources. This category would include
the some 22, 000 Vietnamese who are now understood to be
on United States Navy ships enroute to Guam. We have
not so far agreed to parole any who got out of Vietnam by
any other means.
3.
It is understood that the present proposal is to accept
on United States soil (Guam) and parole those who are
able to get out of Vietnam on their own to include those
now understood to be on vessels and craft of the Arvn
Navy number about 37, 000. This proposal would also lead
logically to a later move to Guam and parole of those who
have managed to get out by any means to include on feet,
by vehicle, by aircraft or by any other ships or craft.
4.
Immigration Service opposes the proposal for the following
reasons:
a. Once the alien lands on Guam he is entitled to
apply for asylum and his right to remain must
be considered under the United Nations Protocol
relating to refugees.
b. The social, economic, and political impacts of
entering into the United States of large additional
numbers of Vietnamese refugees are considered to
be severe.
- 2 -
c. The proposal is open ended, in that it would logically
lead to admitting many additional to those now on board
the Arvn refugee ships and craft and would therefore
trend toward the Cuban experience in which the President
announced that the United States would accept any Cuban
who could escape Cuba - - 675,000 did SO.
3.
Conclusions and Recommendations.
a. A limit should be set and announced as to the number of
high risk and other refugees (other than relatives) that
United States will admit on to U.S. soil and parole.
The public announcement would be for the purpose of
raising false hopes resulting in a mass exodus.
b. That a clear line be drawn between those the United
States lifted or assisted out, on the one hand, and on
the other those who managed to get out on their own or
by any other means.
C. That the previous limit of 50, 000 for high risk refugees
will accommodate or nearly so those that we have lifted
or assisted out. It should not be increased.
d. Do not permit those now on the Republic of Vietnam ships
and craft to land on U.S. soil at Guam.
e. Do not permit all others who get out by any means to set
foot on U.S. soil. Refuel the Arvn ships and craft and
direct them to seek a third country port and appeal to
the United Nations High Commissioner for Refugees.
f. Continue to urge the United Nations High Commissioner for
Refugees to handle all other Refugees.
Dam Brown, Director of the Special
1 May 1973
Enterogency Test Force
L. F. Charman, Jr.
Combusione of Immigration 4 Enturalization
Minission to Cusen and subsequent perole of additional Victnessas
Befugeon.
1. Stated bolow 10 the position of the Imagration end
Enteralisation Cervice with regard to the edmission
at Cream and perole of any boyond these for
time estagorico and limito have already been exproved.
It to requested that this production to instruct in
presentations to the President ca this subject.
2. to this potes TO have authorized perole of those high
risk Victimento the were lifted = or assisted out by
Enteri States resources. This category would include
the 32,000 Victnamose the ero DMV understand to be
CR United States Havy chips carcuto to We have
COD CO fine agreed to parole any the got out of Victmen
by a other means.
S. IC is unionstend that the present proposal is as eccept
C2 - soil (Gum) - parole these the are
able to got === of Victness on their am to include these
- understand to be on vassels and craft of the Area
Hary number about 37,000. This proposal would also Iced
legically as a later neve to am and parole of those to
have managed to got out by any moons to include CD foot.
by vehicle, by circraft or by any other ships or creft.
4. Imagration Service cypenes the preposal for the following
researce
4. Case the alics Lands on - be is catitled to
my for anylem and his richt to reasin must
to considered under the United Nations Protocol
relating to refugees.
b. The social, economic, and political imports of
cutering into the United Statis of large additional
customs of Vietammere refugees are considered to
be covero.
NON
= 2 -
0. The prepasal is open ended, in that it would logically
lead to simitting many additional to these now on heard
the Arva refuges ships and craft and would therefore
treed toward the Cubon exporience in which the President
ansounced that the United States would accept any Cuban
the could ascepa Cuba --- 675,000 did so.
3. Conclusions and Recommandations.
1, A limit should be set end encounced as to the number of
high risk and other refugees (other then relatives) that
United States will admit ca to U.S. soil and parole.
The public announcement would ba for the purpose of
reising false hopes resulting in a mess amodus.
b. That a cloar line be drewn bytwoon those the United
States lifted or assisted out, on the one hand, and on
the other those who managed to get out on their own or
by cay other means.
c. That the previous limit of 50,000 for high risk refugeos
will accounedate or nearly 00 those that vo have lifted
or assisted out. It should not be increased.
d. Do not permit these now on the Republic of Victuan ships
and croft to land OR U.S. soil at Quen.
a. Do not permit all others the got out by any means to not
foot CO U.S. soil. Refuel the Arvn ships and craft and
direct them to seak = third country port end appeal to
the United Nations Righ Commissioner for Refugees.
t. Continue to urge the United Metions High Commissions) for
Refugees to handle all other refugees.
FACT SHEET
[Many 1975?]
Evacuation and Resettlement
of Indo Chinese Refugees
Evacuation
- 86,000 U.S. citizens and South Vietnamese have
been evacuated by air and sea by U.S. military.
- All American citizens who wanted to leave South
Vietnam did get out.
- An estimated 41,000 more South Vietnamese have
fled their country on boats, by ship or over land.
- Only $98 million is available under existing
authority for the evacuation program. To date,
DOD has incurred over $70 million in costs for
the evacuation. Without additional funds, the
U.S. Government will be able to continue
resettlement efforts only one more week.
Restaging Sites
- All refugees are being processed through Guam
and Wake Islands where they are receiving housing,
food, Immigration and Naturalization Service
screening, and rigorous health care.
- An appeal internationally by U.S. to offer
opportunities for resettlement in third countries,
has resulted in the active participation of the
UNHCR and ICEM, ICRC on Guam. Representatives
are on site assisting in such resettlement.
DENALD . FORD LIBRARY
- 2 -
- The health condition is very good, and no
unusual health problems exist.
- Less than 100 people out of 30,000 on Guam have
been hospitalized, most of which were for
maternity care, pneumonia, mild diarrhea - but
no serious disease.
- INS is processing through those refugees whose
documents are in order and are eligible for
entry into U.S.
- PHS Center for Disease Control has established
a surveillance system to identify and treat
illness.
Reception Centers Stateside
- The three centers are Camp Pendleton, Calif.;
Fort Chaffee, Ark.; Eglin Air Force Base.
- American voluntary agencies which have enabled
the resettlement of millions of displaced
persons who have been war victims are working
closely with USG to resettle those refugees
who enter the U.S.
- The major agencies are:
(see next page)
- 3 -
U.S. Catholic Conference
Migration and Refugee Services
1312 Massachusetts Avenue, N.W.
Washington, D.C.
659-6631
American Fund for Czechoslovak Refugees
1709 Broadway, Room 1316
New York, N.Y. 10019
Church World Service
Immigration & Refugee Program
475 Riverside Drive
New York, N.Y. 10027
Lutheran Immigration & Refugee Service
315 Park Avenue South
New York, N.Y. 10010
United Hias Service, Inc.
200 Park Avenue South
New York, N.Y. 10003
Tolstoy Foundation, Inc.
250 West 57th Street
New York, N.Y. 10019
International Rescue Committee
386 Park Avenue South
New York, N.Y. 10016
American Council for Nationalities Service
20 West 40th Street
New York, N.Y.
212/279-2715
Traveler's Aid-International Social Services
345 East 46th Street
New York, N.Y.
212/687-5958
The last three agencies have entered into a cooperative
arrangement to process resettlement cases but wish to be
listed separately as agencies engaged in resettlement.
- 4 -
- In addition, the Red Cross, Travelers Aid International
have provided extraordinary assistance.
- The private sector has come forward with major
expressions of assistance, including United Airlines which is
providing transportation from reception centers to final
destinations throughout the country.
- By the time each refugee leaves a reception site he
will. have a local sponsor identified by a voluntary resettlement
agency, a rigorous health screening, and all children 1 - 5 will
receive immunizations for measles, rubella, polio, diptheria,
pertussis, and tetanus.
- The voluntary agencies will assume responsibility
for finding housing, enrolling children in schools, assisting
in employment opportunities for heads of households,
assistance in language skills, etc.
Resettlement
- Every effort will be made to ensure that resettlement
to the extent possible will not be concentrated in a few enclaves in
the country and will not result in economic or social service
hardship.
- The Department of HEW, subject to Congressional action
on the Administration's bill, will provide full reimbursement
to State and local social service and health agencies for costs they
may incur in providing income assistance, health maintenance,
social services and educational services to refugees who are in
need of such assistance.
- 5 -
Previous Refugee Emigrations
Displaced Persons
1945-1952
450,000
Eastern Europeans
1953-1956
189,000
Hungarians
1956-1957
30,701
Cubans
1959-Present 675,000
TOTAL
1,344,701
TORD
2 May 1975
Preliminary Estimates of
Transport, Temporary Care,
and Resettlement Costs
(150,000 Evacuees in Staging
Areas, of which 130,000 to
be resettled in U.S. and
20,000 in Third. Countries)
1. Daily Maintenance
$ 185,000,000
$15 per person per day for 30 days
(150,000 people) at staging areas,
$15 per person per day for 60 days
(130,000 people) at processing
centers. Includes food, utilities,
medical care, etc.
2. Airlift
99,000,000
$530 per person (130,000 people)
from staging areas to processing
centers, plus air supply of materials
estimated at $30 million.
3. Resettlement Costs
78,000,000
Estimated at $600 per person to be
provided to voluntary agencies which
will transport and administer resettle-
ment, 130,000 people in U.S.
4. Subsequent Welfare and Medical (HEW)
125,000,000
Welfare and Social Services
$50,000,000
Medicaid
30,000,000
Bilingual and Vocational
Training
30,000,000
Public Health
15,000,000
5. Movement of Added 20,000 Refugees to Third
20,000,000
Countries for Resettlement (State/ORM)
Estimated at $1,000 each to cover transport
and program administration.
NEW APPROPRIATION NEEDED
$ 507,000,000
2 May 1975
Preliminary Estimates of
Evacuation Costs
(150,000 Evacuees from
South Vietnam to Staging
Areas)
1. Sealift
$ 30,000,000
Contract shipping for evacuation
2. Airlift
33,000,000
$300 per person to staging areas
(110,000 people)
3. Facilities
35,000,000
$20 million for establishment
of staging areas, $15 million
to open processing centers.
Total Requirement
$ 98,000,000
Less Amount Provided from
IPR Funds under Presidential
Determination (614 [a] Waiver)
$ 98,000,000
APPROPRIATION NEEDED
0 I :
ANALYSIS OF THE DRAFT
MIGRATION AND REFUGEE ASSISTANCE ACT OF 1975
The draft bill provides an express statutory
authorization for a temporary program of relief
and resettlement for refugees from Cambodia and
Vietnam. This program, extending no longer than
the end of the fiscal year 1977, would be carried
out under the authorities contained in the Migra-
tion and Refugee Assistance Act of 1962, as amended.
However, because it does not constitute permanent
authority, the proposed legislation is in the form
of a separate law, rather than an amendment to the
1962 Act.
Title. Section 1 identifies this Act as the
"Migration and Refugee Assistance Act of 1975".
This title associates the legislation with the
Migration and Refugee Assistance Act of 1962,
while also emphasizing it is a separate Act for a
temporary program.
Authorization. Section 2 (a) authorizes the appro-
priation of funds for assistance to Cambodian and
Vietnamese refugees. The assistance would be
provided under the Migration and Refugee Assist-
ance Act of 1962, as amended, utilizing established
procedures and administrative machinery with which
the voluntary agencies and state and local govern-
ments are familiar.
During the next fourteen months, it is estimated
that appropriations in the amount of $507,000,000
will be required to carry out a program of temporary
relief, transportation, and resettlement in the
United States and third countries for 150,000
refugees. Additional costs for assistance to or
in behalf of refugees in the United States will be
incurred in fiscal year 1977. Because this program
spans slightly more than two fiscal years, section
2 (a) authorizes the appropriations to remain
available until expended. However, the authoriza-
tion is subject to the provisions of section 2 (b)
which limits the duration of the program to June
30, 1976, except for the functions within the
United States, with respect to which the authoriza-
tion continues through fiscal year 1977. In the
event of a need for funds for resettlement in
third countries or other overseas activities after
June 30, 1976, they would be requested in the
- 2 -
normal authorization and appropriation process
under the Migration and Refugee Assistance Act of
1962, as amended.
Definition of Refugee. Section 3 extends to
refugees who have fled from Cambodia and Vietnam
the authorities in the Migration and Refugee
Assistance Act which are applicable to refugees in
the United States from within the Western Hemisphere.
These authorities include assistance to state and
local public agencies, transportation of refugees
to other areas within the United States, and
training for employment. Programs under the
authority of this section will be available only
to those refugees who meet the requirements of
financial need applicable to other refugees assisted
under the 1962 Act and will terminate no later
than the end of the fiscal year 1977, upon the
expiration of the authorization contained in
section 2.
A BILL
To enable the United States to render assistance
to or in behalf of certain migrants and
refugees.
1
Be it enacted by the Senate and House of
2
Representatives of the United States of America
3
in Congress assembled, That this Act may be
the
4
cited as, "Migration and Refugee Assistance Act
5
of 1975".
6
SEC. 2. (a) Subject to the provisions of
7
subsection (b), there are hereby authorized to
8
be appropriated, in addition to amounts other-
9
wise available for such purposes, such sums as
10
may be necessary for the performance of functions
11
spfforthin
Migration and Refugee Assistance Act of
(76stati-)
12
1962, as amended, with respect to aliens who
13
have fled from Cambodia or Vietnam, such sums to
14
remain available until expended.
15
(b) None of the funds authorized
16
to be appropriated by this Act shall be available
17
for the performance of functions after June 30,
18
1976, other than carrying out the provisions of
19
clauses (3), (4), (5) and (6) of section 2 (b)
20
of the Migration and Refugee Assistance Act of
21
1962, as amended. None of such funds shall be
1.
SEAL
1000
22
available for obligation for any purpose after
LIBRARY
23
September 30, 1977.
2
1
SEC. 3. In carrying out functions
2
utilizing the funds made available under this
3
Act, the term "refugee" as defined in
4
section 2 (b) (3) of the Migration and Refugee
5
Assistance Act of 1962, as amended, shall be
6
deemed to include aliens who (A) because of
foor of porsecution
7
persecution on account of race, religion, or
8
political opinion, fled from Cambodia or
9
Vietnam; (B) cannot return there because of
10
fear of persecution on account of race,
11
religion, or political opinion; and (C) are in
12
urgent need of assistance for the essentials
13
of life.
FORD 1 SEATE LIBRARY
THE WASHINGTON POST Wednesday, April 30, 1975
The Federal Diary
Thousands to Aid
Viet Refugees
passed in the early 1960s to help
the influx of Cubans who came
to this country. Officials expect
By
this will be a tougher program
to handle, because the Vietnam-
Mike
ese face signficantly more prob-
lems of race, language, culture,
Causey
customs and even climate than
did the Cubans. Many of the Cu-
bans came over in the relative
calm of regular flights worked
Thousands of federal workers
out between the American and
will be pulled off their present
Castro governments, and had
assignments dealing with do-
relatives here to help them.
mestic weifare. health and em-
Budget: for the new refugee
THE WASHINGTON POST Wednesday, April 30, 1975
The Federal Diary
Thousands to Aid
Viet Refugees
passed in the early 1960s to help
the influx of Cubans who came
to this country. Officials expect
By
this will be a tougher program
to handle, because the Vietnam-
Mike
ese face signficantly more prob-
lems of race, language, culture,
Causey
customs and even climate than
did the Cubans. Many of the Cu-
bans came over in the relative
calm of regular flights worked
Thousands of federal workers
out between the American and
will be pulled off their present
Castro governments, and had
assignments dealing with do-
relatives here to help them.
mestic welfare, health and em-
Budget for the new refugee
ployment problems to help with
program currently is estimated
the U.S. part of the Vietnamese
at $83 million (with many agen-
refugee resettlement program.
cies. to be tapped: for "detail"
Evanuees
THE WHITE HOUSE
WASHINGTON
April 23, 1975
MEMORANDUM FOR:
ROLAND ELLIOTT
FROM:
PHILIP W. BUCHEN T.W.B.
The Counsel recommends that the donations which have
been received by the White House for relief in Indochina be
endorsed to the "Treasurer of the United States", forwarded
to the Administrator, Agency for International Development,
and acknowledged by the Administrator on behalf of the President
under authority of 22 U.S.C. SIN 2395.
Attached hereto is the AID memo which you forwarded to this office.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 21, 1975
FOR:
JAY FRENCH
FROM:
ROLAND L. ELLIOTT R
I am forwarding herewith a memorandum from the Agency
for International Development responding to our inquiries
about the handling of public donations coming to the White
House for South Vietnam/Cambodian assistance.
To date, we have received approximately seventy donations
ranging from ten cents to a check for fifty thousand dollars
(of questionable validity). Most of the checks and money orders
are made payable to "The President" or to "Gerald R. Ford. "
I would appreciate, as soon as possible, your guidance and
recommendations on how we might best proceed.
Attachment
DEPARTMENT OF STATE
AGENCY FOR INTERNATIONAL DEVELOPMENT
WASHINGTON, D. C. 20523
OFFICE OF
APR 18 1975
THE ADMINISTRATOR
MEMORANDUM FOR MR. ROLAND L. ELLIOTT
Director of Correspondence
The White House
SUBJECT: Private Citizen Donations for Indochina Relief
Mr. William R. Dalton of the Emergency Indochina
Humanitarian Relief Committee has been in contact
with Mr. James Holmes of the White House staff with
regard to private citizen donations for humanitarian
purposes in Vietnam. He went over the matter with
our lawyers and other staff concerned with the
receipt of such monies into an appropriate A.I.D.
account.
It was the consensus that returning the money might
cause an adverse reaction on the part of the donor.
Quite apart from the fact that we most likely would
not again see the donation, it could cause a degree
of frustration and provide a basis for more complaints
of Washington red tape.
We, therefore, propose, as the preferred Agency
option, that the donations be acknowledged using
a form letter (Tab A), and that the checks be
endorsed "Pay to the Treasurer of the United States"
and bundled over here for the necessary completion
of the financial transaction.
There is a more complex method that could be used by
White House financial managers if they wanted to
carry the deposit process further, which would identify
the specific account and station symbol using Standard
Form 1044 and Form 1 "Certificate of Deposit" with
which they are undoubtedly familiar. If they wish to
pursue that course, I would suggest they call Mr. John
Finn of our Controller's Office on 632-0066. The
account to which funds would be deposited has been
established for some time. It is officially titled
- 2 -
"Gifts and Donations" and was specifically created
in connection with Section 635 (d) of the Foreign
Assistance Act of 1961, as amended, a copy of which
is attached (Tab B).
If this general approach meets with your satisfaction,
I propose a standard response (Tab A) to be used in
those situations where A.I.D., on behalf of the
President, would accept donations pursuant to its
authority under 635(d).
On the other hand, if it is decided to continue the
White House policy of returning all checks of this
sort made out to the President or the Government of
the United States, enclosed is an alternative
standard response (Tab C). The plan supporting this
alternative essentially is to return all checks to
donors, suggesting they resubmit checks payable to
the Administrator, A.I.D., for deposit to the A.I.D.
Humanitarian Relief Account. This would be a sub-
account within the "Gifts and Donations" account
which we believe will be more acceptable to donors
than the formal title.
Both of these plans have A.I.D.'s General Counsel
clearance, and both are consistent with the previously
referenced Section of the Foreign Assistance Act.
For your information, also enclosed as Tab D is a
fact sheet which our Congressional Liaison Staff
proposes to bring to the attention of appropriate
Committees and selected Members of Congress to
inform them of our action. It will also serve as
a basis for the development of a press release.
We will, of course, await your advice before taking
any action.
Dan.
Donald T. Bliss
Executive Secretary
Enclosures
TAB A
Dear Mr.
:
On behalf of the President, we wish to thank you
for your generous contribution in support of humani-
tarian assistance to the victims of the war in
Indochina. Your heartwarming expression of concern,
along with those of other Americans, is consistent
with the finest American traditions of helping those
in need.
The President is pleased to accept your donation
under authority of Section 635 (d) of the Foreign
Assistance Act of 1961, as amended. Such funds are
deposited in a special account of the Agency for
International Development (A.I.D.) which has respon-
sibility within the United States Government for
relief programs in Indochina. Funds in that account
will be used for U.S. humanitarian activities, including
direct support to American voluntary agencies which have
relief programs in Indochina.
Your thoughtful donation is greatly appreciated.
Sincerely,
99
TAB B
contract of guarantee or insurance, or extension of credit, together
with a detailed statement of the effect of such debt relief with re-
spect to each such country; and
(4) a summary of the net aid flow from the United States to
such countries, taking into consideration the debt relief granted
by the United States, together with a detailed analysis of such
net aid flow with respect to each such country.⁴⁵²
(h) The background documents transmitted to Congress in each
fiscal year supporting requests for new authorizations and appropria-
tions to carry out the programs under part II of this Act shall contain
information concerning the proposed funding levels for military assist-
ance and sales to South Victnam, Thailand, and Laos.
Sec. 635.4 General Authorities.-(a) Except as otherwise speci-
fically provided in this Act, assistance under this Act may be fur-
nished on a grant basis or on such terms, including cash, credit, or
other terms of repayment (including repayment in foreign currencies
or by transfer to the United States Government of commodities) as
may be determined to be best suited to the achievement of the purposes
of this Act, and shall emphasize loans rather than grants wherever
possible.
(b) The President may make loans, advances, and grants to, make
and perform agreements and contracts with, or enter into other trans-
actions with, any individual, corporation, or other body of persons,
friendly government or government agency, whether within or without
the United States and international organizations in furtherance of
the purposes and within the limitations of this Act.
(c) It is the sense of Congress that the President, in furthering the
purposes of this Act, shall use to the maximum extent practicable the
services and facilities of voluntary, nonprofit organizations registered
with, and approved by, the Advisory Committee on Voluntary For-
eign Aid.
(d) The President may accept and use in furtherance of the purposes
of this Act, money, funds, property, and services of any kind made
available by gift, devise, bequest, grant, or otherwise for such purpose.
(e) (1) 456 Any agency of the United States Government is author-
ized to pay the cost of health and accident insurance for foreign par-
ticipants in any program of furnishing technical information and
assistance administered by such agency while such participants are
absent from their homes for the purpose of participation in such
program.
(2) 456 Any agency of the United States Government is authorized
to pay the cost of health and accident insurance for foreign employees
of that agency while those employees are absent from their places of
employment abroad for purposes of training or other official duties.
(f) Alien participants in any program of furnishing technical in-
formation and assistance under this Act may be admitted to the United
States if otherwise qualified as nonimmigrants under section 101 (a)
(15) of the Immigration and Nationality Act, as amended (S U.S.C.
1101 (a) (15)), for such time and under such conditions as may be
454 Subsection (h) was added by Sec. 302(h) (2) of the FAAct of 1967.
453 22 USC & 2305.
400 Sec. 302(i) (1) of the FAAct of 1967 added paragraph designation "(1)" and
paragraph (2).
TAB C
Dear Mr.
:
On behalf of the President, we wish to thank you
for your generous contribution in support of humanitarian
assistance to the victims of the war in Indochina. Your
heartwarming expression of concern is consistent with
the finest American traditions of helping those in need.
Responsibility for receiving public donations of
this sort has been assigned to the Agency for Inter-
national Development which has established a special
account for that purpose. The expenditure of such
funds will be subject to standard U.S. Government
financial control practices.
To facilitate acceptance of such monies, we are
returning checks with the suggestion that they be
resubmitted, made payable to the Administrator, Agency
for International Development, for the Humanitarian
Relief Account. Such checks should be addressed to:
Humanitarian Relief Account, Agency for International
Development, Washington, D.C. 20523. Inquiries con-
cerning this account may be sent to the same address.
Your thoughtful donation is appreciated.
Sincerely,
TAB D
FACT SHEET
A.I.D. Humanitarian Relief Account
When a major disaster occurs abroad, the American
public often responds with contributions of cash and
relief supplies, some of which are often received by
the White House, the Department of State, and A.I.D.
In the past such cash donations were returned with
suggestions that they might be given to charitable and
voluntary agencies. A Humanitarian Relief Account is
now being established by A.I.D. to permit the acceptance
of such financial contributions and to be more responsive
to the humanitarian will of the American public. The
authority contained in Section 635 (d) of the Foreign
Assistance Act of 1961, as amended, which authorizes the
President to receive such funds, has been delegated to
the Administrator of the Agency for International
Development. Checks should be made payable to the
Administrator of A.I.D., for the Humanitarian Relief
Account.
The acceptance and expenditure of such funds will
be subject to standard U.S. Government financial
control practices. These funds will be used for purposes
of humanitarian relief activities, including support of
the activities of American voluntary agencies, and will
- 2 -
be managed by the Agency's Office of the Foreign
Disaster Relief Coordinator, a part of A.I.D.'s
Bureau for Population and Humanitarian Assistance.
Tuesday 4/22/75
10:00 Barry Roth advises that Justice received an informal
approval to bring in up to 50, 000 refugees from Indo
China via the use of parole as explained in item 6 of our
memo.
Justice did not consult at this time about a higher figure.
cc: Rod Hills
FOREO 3 LIBRARY STREET
Excures
Tuesday 4/22/75
10:00 Barry Roth advises that Justice received an informal
approval to bring in up to 50,000 refugees from Indo
China via the use of parole as explained in item 6 of our
memo.
Justice did not consult at this time about a higher figure.
CC: Rod Hills
FORD is LIBRARY SERVICE
Vine Enrowe,
THE WHITE HOUSE
WASHINGTON
April 18, 1975
ADMINISTRA TIVELY CONF IDENTIAL
MEMORANDUM FOR:
PHILIP BUCHEN
JOHN MARSH
GENERAL SCOWCROFT
FROM:
JERRY H. THE JONES
Your memorandum to the President of April 17 regarding Section 212(d)(5)
of the Immigration and Nationality Act has been reviewed and the seven
actions outlined in your memo have been approved.
Please follow-up with the appropriate action.
Thank you.
cc: Don Rumsfeld
Refuges
THE WHITE HOUSE
WASHINGTON
April 17, 1975
MEMORANDUM FOR:
THE PRESIDENT
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
YY
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
DECLASSIFIED
DISAGREE
E.O. 12356, Sec. 3.4.
UR 92-48, * 21 (duplicate)
By 1634 NARA, Date 5/23/95
- 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
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.
We recommend that the State Department position be accepted.
AGREE
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 movement (parti-
cularly 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.
The State Department has now accepted the INS limitation
based upon presently perceived political problems with the
U. S. Congress.
We recommend that planning begin at once to process parole
candidates from the category of "high-risk" Vietnamese but
that we not attempt to set a limit now. When planning is
completed and when efforts of International cooperation have
gone further you will better be able to determine what is
possible. Practically, it may not be possible to reach the
- 4 -
level of 200,000 that the State Department originally fore-
saw.
AGREE
DISAGREE
7. We recommend that you direct establishment of a small
full-time task force with the necessary authority to improve
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
A
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
DECLASSIFIED
Los Angeles - 87
E.O. 12356, Sec. 3.4.
Seattle - 18
MR 92-53,423 (duplicate)
Fort Benning this 170 (14 hospitalized)
By KBH NARA, Date 5/23/95
- 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 1.5 Apr - $1,395,626
Prepared by: MGEN M.F. Casey, USAF
DOD Orphan Lift Coordinator
OX 74121
2
THE WHITE HOUSE
WASHINGTON
April 17, 1975
MEMORANDUM FOR:
THE PRESIDENT
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
11
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
DECLASSIFIED E.O. 12356, Sec. 3.4.
92.48, #21 NSC etc. 4/28/95
By VBH NARA, Date 5/23/95
- 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
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.
We recommend that the State Department position be accepted.
AGREE
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 movement (parti-
cularly 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.
The State Department has now accepted the INS limitation
based upon presently perceived political problems with the
U. S. Congress.
We recommend that planning begin at once to process parole
candidates from the category of "high-risk" Vietnamese but
that we not attempt to set a limit now. When planning is
completed and when efforts of International cooperation have
gone further you will better be able to determine what is
possible. Practically, it may not be possible to reach the
- 4 -
level of 200,000 that the State Department originally fore-
saw.
AGREE
DISAGREE
7. We recommend that you direct establishment of a small
full-time task force with the necessary authority to improve
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
A
DECLASSIFIED
E.O. 12356, Sec. 3.4.
HISTORY OF THE USE OF PAROLE
MR 92-48 #22 NSC 4/28/95
By KBH NARA, Date 5/23/95
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
States. It has also been used for refugees and orphans.
The first express statutory authorization for parole
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. 2/ 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. "
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.
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
B
-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.
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
DECLASSIFIED
Seattle - 18
E.O. 12356, Sec. 3.4.
Fort Benning - 170 (14 hospitalized)
MR 92-53, #23 (duplicate)
By 163H NARA, Date 5/23/95
--- 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
SECRE
THE WHITE HOUSE
WASHINGTON
April 17, 1975
MEMORANDUM FOR:
THE PRESIDENT
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
DECLASSIFIED
E.O. 12356, Sec. 3.4.
DISAGREE
MR 92-48, #21 NSCltr. 4/23/95
By KBH NARA, Date 5/23/95
SECRET
SECREI
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
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
SECRET
SECRET
- 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.
We recommend that the State Department position be accepted.
AGREE
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 movement (parti-
cularly 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.
The State Department has now accepted the INS limitation
based upon presently perceived political problems with the
U. S. Congress.
We recommend that planning begin at once to process parole
candidates from the category of "high-risk" Vietnamese but
that we not attempt to set a limit now. When planning is
completed and when efforts of International cooperation have
gone further you will better be able to determine what is
possible. Practically, it may not be possible to reach the
SECRET
SECRET
- 4 -
level of 200,000 that the State Department originally fore-
saw.
AGREE
DISAGREE
7. We recommend that you direct establishment of a small
full-time task force with the necessary authority to improve
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
SECRET
DECLASSIFIED
SECRET
E.O. 12356, Sec. 3.4.
MR 92-48, #22 NSC ldr. 4/28/95 HISTORY OF THE USE OF PAROLE
By 143H NARA, Date 5/23/95
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
States. It has also been used for refugees and orphans.
The first express statutory authorization for parole
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. 2/ It's peculair status was recognized by the
Supreme Court 50 years ago in the case of Kaplan V, Tod. 2/
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-
SECRE
he signed into law the abolition of the National
Origins System, Prosident 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.
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-
SECRET
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
=0 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-
cuirement 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 "Day 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.
SECRET
-
B
SEODET
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
DECLASSIFIED
Los Angeles - 87
E.O, 12356, Sec: 3.4.
Seattle - 18
Fort Benning - 170 (14 hospitalized)
MR 9253,#23, OASD etr. 11/24/92
By KBH NARA, Date 12/11/92
-- 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
CEOPE
DEPARTMENT OF STATE
WASHINGTON
April 17, 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 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, par-
ticularly 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 of American citizens and South Vietnamese per-
sons who are resident aliens of the United States who
SECRET
FORD
DECLASSIFIED
GDS
E.O. 12958 Sec. 3.6
LIBRARY
MR 92 -51, #20; 5/24/96
By let NARA, Date 8/28/96
SECRET
-2-
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 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 citi-
zens and permanent residents, or if we propose to parole
large numbers of South Vietnamese, even though the people
may be in a high-risk category. Therefore, assistance for
the resettlement of Indochinese refugees in third countries
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
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.
ACTION PROPOSED
Absent objection from the President, the Attorney
General, as requested by the Department of State, intends
to consult the appropriate Congressional committees with
a view to authorizing the parole of the following:
1. The 1,000 Cambodians now in Thailand who were
evacuated as part of "Eagle Pull" and who may wish to
SECRET
GERALD FORD LIBRARY
SECRET
-3-
come to the United States. The Thai Government has made
it clear that it urgently desires their onward movement.
2. The 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. Parole would
permit their processing to be completed while they are in
the United States and their status will be converted to
the appropriate INA preference as soon as feasible after
their safe arrival here as parolees.
3. There are about 250 South Vietnamese at Clark
Air Force Base whose presence is straining our relation-
ship with the Philippine Government. Some of these were
unauthorized passengers on American military airlifts.
It is agreed that 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. Justice concurs provided that the number
admitted is subtracted from the total number of parolees
finally admitted.
ADVICE REQUESTED
There are several categories of large numbers of
possible candidates for parole which raise immediate ques-
tions. The advice of the President is requested regarding
the following:
1. The Vietnamese nationals who are immediate rela-
tives of American citizens and permanent residents for
whom petitions have not as yet been filed. The number is
estimated to be between 10,000 and 75,000. The number who
would and could accept an offer of parole is unknown.
Denying entry of this category is difficult once those for
SECRET
FORD & BERALD LIBRARY
SECRET
-4-
whom petitions have been submitted are accepted. Thus,
with the concurrence of the Attorney General, we now
recommend that parole authority be used for this category.
2. 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 Viet-
namese diplomats and other refugees in third countries,
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.
CONTINGENCY PLANNING
The foregoing are all the decisions required now.
For the future, contingency planning is required with
respect to the possible large-scale evacuation of those
high-risk Vietnamese. As many as 200,000 may require
resettlement. (Under certain circumstances, 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 the Intergovernmental
Committee for European Migration, and directly. Never-
theless, 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 that
parole should be exercised to some extent for Vietnamese
who have left their country under such programs as the
President may have authorized for their safety, but
differ sharply as to numbers.
SECRET
LIBRARY GERALD R. FORD
SECRET
-5-
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 upon and if this becomes necessary, at the appro-
priate 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 is agreeable to taking 50,000
refugees or 40% whichever is less but also believes the
USG should consider taking any residual refugees unable
to be resettled elsewhere.
Robut H willh
Philip Habib
for
Assistant Secretary
Bureau of East Asian Affairs
Chapman,
Commissioner
Immigration and Naturalization
Service
SECRET
GERALD FORD LIBRARY
DEPARTMENT OF STATE
WASHINGTON
April 17, 1975
SEGRET
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 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, par-
ticularly 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 of American citizens and South Vietnamese per-
sons who are resident aliens of the United States who
SECRETA
FORD
DECLASSIFIED
GDS
LIBRARY
E.O. 12958 Sec. 3.6
MR 92-51, #20; DOJUHN 5/24/96
By ut NARA, Date 8/28/96
SECRET
-2-
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 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 citi-
zens and permanent residents, or if we propose to parole
large numbers of South Vietnamese, even though the people
may be in a high-risk category. Therefore, assistance for
the resettlement of Indochinese refugees in third countries
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
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.
ACTION PROPOSED
Absent objection from the President, the Attorney
General, as requested by the Department of State, intends
to consult the appropriate Congressional committees with
a view to authorizing the parole of the following:
1. The 1,000 Cambodians now in Thailand who were
evacuated as part of "Eagle Pull" and who may wish to
SECRET
BERALD FORD LIBRANA
STARET
come to the United States. The Thai Government has made
it clear that it urgently desires their onward movement.
2. The 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. Parole would
permit their processing to be completed while they are in
the United States and their status will be converted to
the appropriate INA preference as soon as feasible after
their safe arrival here as parolees.
3. There are about 250 South Vietnamese at Clark
Air Force Base whose presence is straining our relation-
ship with the Philippine Government. Some of these were
unauthorized passengers on American military airlifts.
It is agreed that 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. Justice concurs provided that the number
admitted is subtracted from the total number of parolees
finally admitted.
ADVICE REQUESTED
There are several categories of large numbers of
possible candidates for parole which raise immediate ques-
tions. The advice of the President is requested regarding
the following:
1. The Vietnamese nationals who are immediate rela-
tives of American citizens and permanent residents for
whom petitions have not as yet been filed. The number is
estimated to be between 10,000 and 75,000. The number who
would and could accept an offer of parole is unknown.
Denying entry of this category is difficult once those for
SECRET
i
FORD
HORALD
STORET
-4-
whom petitions have been submitted are accepted. Thus,
with the concurrence of the Attorney General, we now
recommend that parole authority be used for this category.
2. 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 Viet-
namese diplomats and other refugees in third countries,
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.
CONTINGENCY PLANNING
The foregoing are all the decisions required now.
For the future, contingency planning is required with
respect to the possible large-scale evacuation of those
high-risk Vietnamese. As many as 200,000 may require
resettlement. (Under certain circumstances, 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 the Intergovernmental
Committee for European Migration, and directly. Never-
theless, it is apparent that a large number will wish to
come to the United States. I'} they are to do so, it
would require the Attorney General's use of parole.
The State and Justice Departments are agreed that
parole should be exercised to some extent for Vietnamese
who have left their country under such programs as the
President may have authorized for their safety, but
differ sharply as to numbers.
SECRET
&
FORD
RALD
LIBRAKY
SECRET
-5-
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 upon and if this becomes necessary, at the appro-
priate 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 is agreeable to taking 50,000
refugees or 40% whichever is less but also believes the
USG should consider taking any residual refugees unable
to be resettled elsewhere.
Robert H willh
Philip Habib
for
Assistant Secretary
Bureau of East Asian Affairs
L. F. Chapman, Jr.
Commissioner
Immigration and Naturalization
Service
SECRET
FORD is OTHER LIBRARY
DEPARTMENT OF STATE
WASHINGTON
April 17, 1975
YOURT
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 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, par-
ticularly 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 of American citizens and South Vietnamese per-
&
sons who are resident aliens of the United States who
FORD
BERALD
SEGMIT
GDS
DECLASSIFIED 3.6
By
NARA,
Date
8/28/96
-2-
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 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 citi-
zens and permanent residents, or if we propose to parole
large numbers of South Vietnamese, even though the people
may be in a high-risk category. Therefore, assistance for
the resettlement of Indochinese refugees in third countries
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
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.
ACTION PROPOSED
Absent objection from the President, the Attorney
General, as requested by the Department of State, intends
to consult the appropriate Congressional committees with
a view to authorizing the parole of the following:
1. The 1,000 Cambodians now in Thailand who were
evacuated as part of "Eagle Pull" and who may wish to
SECRET
FORD & ERALD LIBRARY
SEARET
-3-
come to the United States. The Thai Government has made
it clear that it urgently desires their onward movement.
2. The 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. Parole would
permit their processing to be completed while they are in
the United States and their status will be converted to
the appropriate INA preference as soon as feasible after
their safe arrival here as parolees.
3. There are about 250 South Vietnamese at Clark
Air Force Base whose presence is straining our relation-
ship with the Philippine Government. Some of these were
unauthorized passengers on American military airlifts.
It is agreed that 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. Justice concurs provided that the number
admitted is subtracted from the total number of parolees
finally admitted.
ADVICE REQUESTED
There are several categories of large numbers of
possible candidates for parole which raise immediate ques-
tions. The advice of the President is requested regarding
the following:
1. The Vietnamese nationals who are immediate rela-
tives of American citizens and permanent residents for
whom petitions have not as yet been filed. The number is
estimated to be between 10,000 and 75,000. The number who
would and could accept an offer of parole is unknown.
Denying entry of this category is difficult once those for
SEORET
FORD
OF
LIBRARY
-4-
whom petitions have been submitted are accepted. Thus,
with the concurrence of the Attorney General, we now
recommend that parole authority be used for this category.
2. 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 Viet-
namese diplomats and other refugees in third countries,
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.
CONTINGENCY PLANNING
The foregoing are all the decisions required now.
For the future, contingency planning is required with
respect to the possible large-scale evacuation of those
high-risk Vietnamese. As many as 200,000 may require
resettlement. (Under certain circumstances, 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 the Intergovernmental
Committee for European Migration, and directly. Never-
theless, 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 that
parole should be exercised to some extent for Vietnamese
who have left their country under such programs as the
President may have authorized for their safety, but
differ sharply as to numbers.
&
FORD
SECRET
BRALD
LIBRARY
SECRET
-5-
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 upon and if this becomes necessary, at the appro-
priate 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 is agreeable to taking 50,000
refugees or 40% whichever is less but also believes the
USG should consider taking any residual refugees unable
to be resettled elsewhere.
Robut H willh
Philip Habib
for
Assistant Secretary
Bureau of East Asian Affairs
L. F. Chapman, Jr.
Commissioner
Immigration and Naturalization
Service
R. FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR THE ATTORNEY GENERAL
Subject: Parole of Additional Numbers of
Vietnamese into the U.S.
You have now expressed your intent to exercise parole
authority for 130,000 Vietnamese and Cambodians fleeing
their Communist-dominated countries. The basis for this
parole was to be relationship to U.S. citizens and resident
aliens, plus several categories of Vietnamese and Cambodians
fearful of reprisal from the Communists because of their
association with us.
However, I understand that we are now faced by an
entirely new dimension of the problem with approximately
69,000 Vietnamese people who have escaped by sea. I under-
stand that of this number, some 39,000 are aboard U.S. flag
vessels and some 30,000 aboard Vietnamese flag vessels. To
all intents and purposes, those people are now in dire
straits and constitute stateless persons. I wish to assist
them.
I would therefore appreciate your considering the
exercise of your parole authority, after due consultation
with the appropriate Congressional bodies for an overall
number of 150,000 Vietnamese and Cambodians who have fled
their countries. While that figure could be exceeded, I
have nevertheless asked the Secretary of State to make every
effort to ask other nations to share this burden. We shall
keep the Congress informed of our progress in this effort.
THE WHITE HOUSE
WASHINGTON
May 2, 1975
UNCLASSIFIED
MEMORANDUM FOR:
THE PRESIDENT
FROM:
Henry A. Kissinger
HK
SUBJECT:
Parole of Additional Numbers of
Vietnamese into the U.S.
On April 17, 1975, you approved parole for Vietnamese
and Cambodian refugees in six different categories including
up to 50,000 "high risk" refugees. The total number of
refugees anticipated among the different groups was 130,000.
Congress was consulted and agreement was achieved.
We now face a new and continually changing situation.
In addition to those Vietnamese we assisted in leaving
South Vietnam and who are now already in the U.S. or being
processed at Guam and Wake (47,000), there are approximately
80,000 Vietnamese on the high seas or in third countries
seeking refuge in the U.S. This figure includes some
70,000 people aboard U.S. naval and chartered vessels and
a Vietnamese flotilla of assorted craft, all headed for
Subic Bay. We have just learned that a U.S. merchant ship
has picked up still another 3,000 from a sinking Vietnamese
freighter.
As the Congress has asked, we are doing our best to
internationalize the problem both by appealing to inter-
national refugee agencies and by making bilateral demarches
in foreign countries, asking them to take part in the re-
settlement of newly displaced Vietnamese. The responses
have not been encouraging thus far, although it appears
Canada will be helpful. Particularly difficult is the
attitude of a number of Asian countries who have their
own population problems and are now making adjustments
in their relationships with the new communist regimes in
Indochina. Singular in this regard are the Philippines
and Thailand, who continue to press us to move the
refugees from Cambodia and Viet-Nam off their soil.
UNCLASSIFIED
UNCLASSIFIED
-2-
Altogether we now have over 120,000 Vietnamese who
have fled in one way or another from South Vietnam and
Cambodia. This could reach 150,000 or more over the next
few weeks. We need to deal with at least 80,000 of these
immediately. Many of these people will qualify only
within the "high risk" category. There is of course a
certain amount of resistance to all of this domestically.
We have basically only one option in the manner in which
we proceed, given the change in the types of people who
may apply for asylum and the fact that we did not in the
first instance assist many of them in their departure
from Viet-Nam.
I recommend that you instruct the Attorney General to
immediately authorize the parole of 150,000 Vietnamese
and Cambodians into the U.S. with the understanding that
we would attempt to resettle at least 20,000 of this
number abroad. With an appropriate public presentation
of the facts the public should accept the case. With
regard to the needed legislation for funds, we suggest
the dollar request be based on the assumption that
130,000 will be resettled in the U.S.; that the U.S.
will pay, through international agencies, transportation
costs to third countries for the remaining 20,000; but
that additional funds might be needed to the extent we
are unsuccessful in resettling the full 20,000 outside
the U.S.
A219
R A
FLOTILLA 5-2
URGENT
1ST LD A213
BY HENRY KEYS
WASHINGTON (UPI) -- PRESIDENT FORD HAS EXTENDED PAROLE AUTHORITY
TO PERMIT ABOUT 30,000 SOUTH VIETNAMESE REFUGEES NOW SAILING THE
SOUTH CHINA SEA TO ENTER THE UNITED STATES, THE STATE DEPARTMENT SAID
TODAY.
DEPARTMENT SPOKESMAN ROBERT L. FUNSETH ALSO ANNOUNCED THAT FORD
HAS INSTRUCTED SIMILAR AUTHORITY FOR OTHER REFUGEES WHO FLED THE
COMMUNIST TAKEOVER BUT HAVE NOT BEEN LOCATED.
THE ESTIMATED 30,000 REFUGEES GIVEN SPECIFIC PAROLE TODAY ARE
ABOARD A FLOTILLA OF FLEEING SOUTH VIETNAMESE NAVY SHIPS BEING
ESCORTED TO SAFETY IN THE PHILIPPINES BY U.S. VESSELS.
"THE ADMIINISTRATION BELEIVES IT HAS A MORAL OBLIGATION TO HELP
THESE REFUGEES WHO FLED FROM THE COMMUNIST TAKEOVER IN VIETNAM,"
FUNSETH SAID.
THE ADDITIONAL 30,000 BELIEVED TO BE ABOARD THE 26 SOUTH
VIETNAMESE SHIPS BEING SHEPERDED BY THE U.S. NAVY DESTROYER ESCORT
COOK AND THE LST TUSCALOOSA PUSH TO AT LEAST 117,000 THE KNOWN NUMBER
OF REFUGEES WHO HAVE FLED THE COMMUNISTS, FUNSETH SAID.
"AS THE PRESIDENT STATED YESTERDAY (THURSDAY)," SAID FUNSETH,
"THESE REFUGEES CHOSE FREEDOM. THEY DO NOT ASK THAT WE BE THEIR
KEEPERS BUT ONLY FOR A TIME THAT WE BE THEIR HELPERS. WE ARE CERTAIN
THAT THE AMERICAN PEOPLE WILL SUPPORT THE ADMINISTRATION IN ITS
EFFORTS TO HELP THESE REFUGEES."
ON ARRIVAL AT SUBIC BAY, HE SAID, THOSE ABOARD THE FLOTILLA WILL
TAKEN EITHER BY SEA OR AIR TO WESTERN PACIFIC RESTAGING AREAS AT GUAM
AND WAKE ISLAND.
THE PENTAGON EARLIER THAT U.S. NAVY SHIPS HAVE LEFT THE WATERS OFF
VIETNAM AND ARE NO LONGER PICKING UP REFUGEES.
PICKUP 4TH PGH A213: THE SPOKESMAN
UPI 05-02 01:40 PED
Forg LIBRAS
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR THE ATTORNEY GENERAL
Subject: Parole of Additional Numbers of
Vietnamese into the U.S.
You have now expressed your intent to exercise parole
authority for 130,000 Vietnamese and Cambodians fleeing
their Communist-dominated countries. The basis for this
parole was to be relationship to U.S. citizens and resident
aliens, plus several categories of Vietnamese and Cambodians
fearful of reprisal from the Communists because of their
association with us.
However, I understand that we are now faced by an
entirely new dimension of the problem with approximately
69,000 Vietnamese people who have escaped by sea. I under-
stand that of this number, some 39,000 are aboard U.S. flag
vessels and some 30,000 aboard Vietnamese flag vessels. To
all intents and purposes, those people are now in dire
straits and constitute stateless persons. I wish to assist
them.
I would therefore appreciate your considering the
exercise of your parole authority, after due consultation
with the appropriate Congressional bodies for an overall
number of 150,000 Vietnamese and Cambodians who have fled
their countries. While that figure could be exceeded, I
have nevertheless asked the Secretary of State to make every
effort to ask other nations to share this burden. We shall
keep the Congress informed of our progress in this effort.
THE WHITE HOUSE
WASHINGTON
May 2, 1975
UNCLASSIFIED
MEMORANDUM FOR:
THE PRESIDENT
FROM:
Henry A. Kissinger HK
SUBJECT:
Parole of Additional Numbers of
Vietnamese into the U.S.
On April 17, 1975, you approved parole for Vietnamese
and Cambodian refugees in six different categories including
up to 50,000 "high risk" refugees. The total number of
refugees anticipated among the different groups was 130,000.
Congress was consulted and agreement was achieved.
We now face a new and continually changing situation.
In addition to those Vietnamese we assisted in leaving
South Vietnam and who are now already in the U.S. or being
processed at Guam and Wake (47,000), there are approximately
80,000 Vietnamese on the high seas or in third countries
seeking refuge in the U.S. This figure includes some
70,000 people aboard U.S. naval and chartered vessels and
a Vietnamese flotilla of assorted craft, all headed for
Subic Bay. We have just learned that a U.S. merchant ship
has picked up still another 3,000 from a sinking Vietnamese
freighter.
As the Congress has asked, we are doing our best to
internationalize the problem both by appealing to inter-
national refugee agencies and by making bilateral demarches
in foreign countries, asking them to take part in the re-
settlement of newly displaced Vietnamese. The responses
have not been encouraging thus far, although it appears
Canada will be helpful. Particularly difficult is the
attitude of a number of Asian countries who have their
own population problems and are now making adjustments
in their relationships with the new communist regimes in
Indochina. Singular in this regard are the Philippines
and Thailand, who continue to press us to move the
refugees from Cambodia and Viet-Nam off their soil.
UNCLASSIFIED
UNCLASSIFIED
-2-
Altogether we now have over 120,000 Vietnamese who
have fled in one way or another from South Vietnam and
Cambodia. This could reach 150,000 or more over the next
few weeks. We need to deal with at least 80,000 of these
immediately. Many of these people will qualify only
within the "high risk" category. There is of course a
certain amount of resistance to all of this domestically.
We have basically only one option in the manner in which
we proceed, given the change in the types of people who
may apply for asylum and the fact that we did not in the
first instance assist many of them in their departure
from Viet-Nam.
I recommend that you instruct the Attorney General to
immediately authorize the parole of 150,000 Vietnamese
and Cambodians into the U.S. with the understanding that
we would attempt to resettle at least 20,000 of this
number abroad. With an appropriate public presentation
of the facts the public should accept the case. With
regard to the needed legislation for funds, we suggest
the dollar request be based on the assumption that
130,000 will be resettled in the U.S.; that the U.S.
will pay, through international agencies, transportation
costs to third countries for the remaining 20,000; but
that additional funds might be needed to the extent we
are unsuccessful in resettling the full 20,000 outside
the U.S.
Office of the Attorney General
Washington, D. C. 20530
JUSTITIA
May 2, 1975
The Honorable Philip Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
As we have discussed, although the Attorney
General is out of town, he would like the President to
be informed of his views on the admission to the United
States of Vietnamese refugees for whom parole has not
already been authorized. He does not share the view ex-
pressed by the Immigration and Naturalization Service in
Commissioner Chapman's May 1, 1975 memorandum, although
it should be recognized that the INS view is probably con-
curred in by many members of the Congress. The Attorney
General's views are as follows:
1. The United States should not refuse
to admit all of those refugees who were not
evacuated as part of the program the United
States conducted. Rather, we should now accept
those who have escaped, but are not presently
in any country, including the approximately
30,000 refugees now on Vietnamese naval ships.
There does not appear to be a reliable estimate
of the number who may ultimately fall into this
category. However, a time limit could be set
to discourage the continuing exodus which charac-
terized the Cuban experience.
It is recommended that Vietnamese refugees
in third countries be treated the same as similarly
situated Cambodian refugees. Thus, they should be
required to request asylum in the third country
and, if refused, apply to the various international
organizations for resettlement assistance. They
- 2 -
should be considered for admission to the
United States in limited numbers on a case-
by-case basis only if the first two steps
have failed and they face imminent return to
Vietnam. Congress has appropriately urged
internationalization of the effort to assist
the refugees. The refugees in third countries
are the most likely to receive international
assistance.
2. As the United States is a signatory
to the United Nations Convention on the status
of refugees, those refugees authorized entry to
a United States territory, such as Guam, will
be generally entitled to asylum, which would
permit them to remain in the United States
indefinitely. Therefore, the decision on the
types and numbers of refugees to be accepted by
the United States must be made before they are
located in the United States territory. The
Vietnamese naval vessels carrying approximately
30,000 people are expected to arrive in Guam in
4 to 6 days.
3. It is apparent that Congress has become
increasingly reluctant to support the refugee
program. This was expressed to the Department of
Justice earlier this week when the Senate and
House Judiciary Committees declined to concur
when the Attorney General authorized the parole
of an additional number of orphans. Yesterday
Senator Eastland, who had previously concurred in
the parole of up to 130,000 refugees without con-
sulting the Senate Judiciary Committee, refused to
express a view on whether he would personally con-
cur in expanding the categories or numbers eligible
for parole and indicated that the matter would re-
quire a full Committee hearing which could not be
held before next Wednesday.
It is important that Congress address and
decide the hard questions which face the President
before they are academic. Congress should be con-
M. TOMO
- 3 -
sulted now concerning the refugees who are
before those refugees not presently authorized
at sea and be required to offer their advice
parole arrive in Guam.
In view of the mounting resistance in Con-
gress and the limited time available for con-
sultation, it is recommended that the President
make a public appeal on behalf of the refugees
Congress as possible in order to influence their
and meet personally with as many members of
views and obtain their advice before large addi-
tional numbers of refugees are accepted in United
States territory.
We hope the foregoing information will be furnished
to the President with the views of the Department of State
and the Immigration and Naturalization Service. Thank you
for your assistance.
Sincerely yours,
Mark R. Nonf
Mark L. Wolf
Special Assistant to
the Attorney General
CC. L. H. Chapman, Jr.
Commissioner
Immigration & Naturalization
Service
Ambassador L. Dean Brown
STATE R. FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
May 2, 1975
MEMORANDUM TO:
JERRY JONES
FROM:
JACK MARSH asgula
It is my view that the refusal to provide the letters in question
should not be based on the assurances of the President as to
what the correspondence says, but on a broader ground. Personal
assurances raise the risk of omission by having possibly overlooked
some documents as well as differences of interpretation and opinion,
as to whether they do or don't vary with public pronouncements.
For that reason I would rethrust the letter relying more heavily
on the views stated in the last paragraph, page 2 and drawing on
some of the arguments made by the Attorney General in his
recent New York speech on confidentiality, i.e., Washington's
refusal to provide Congress with correspondence and documents
relating to the Jay Treaty.
I also suggest we drop term "secret agreements". Nowhere in the
Stennis letter is such a term used.
STATE 1. FORD LIBRARY