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This file contains operation Babylift, orphan airlift.
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28469415
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Refugees - Indochina General (4)
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28469415
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Refugees - Indochina General (4)
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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
subjects
Cambodia
Vietnam (Republic)
Emigration and immigration
Refugees
Vietnamese Americans
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1975-08-01
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1975
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1975
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The original documents are located in Box 58, folder "Refugees - Indochina General (4)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
Digitized from Box 58 of the Philip Buchen Files
at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
May 3, 1975
FROM:
General Scowcroft
DEPARTMENT OF JUSTICE VIEWS REGARDING PAROLE
OF ADDITIONAL VIETNAMESE AND CAMBODIAN REFUGEES
We have received a copy of Secretary Kissinger's memorandum on this
subject and have the following comments:
(1) The Department of Justice agrees with the recommendation that those
Vietnamese and Cambodians on the high seas be authorized entry into the
United States. The Attorney General proposes to exercise his parole
authority to do so.
(2) The Department of Justice believes that there are additional factors
which should be considered before permitting Vietnamese or Cambodians
now in third countries to be moved to U.S. territory. Once moved to U.S.
territory such refugees are entitled to asylum in the U.S. Therefore, it
is unlikely that many of them would be assisted by international organiza-
tions or seek residence and be accepted by other nations. In order to
promote the internationalization effort which Congress believes is
particularly important, we could require refugees in third countries to
seek asylum there and if refused, seek assistance from the international
organizations before being considered for entry to Guam and parole into
the United States.
We are not aware of the total number of Vietnamese and Cambodians who
have or are likely to flee to third countries, thus it may be inadvisable to
accept those we are now aware of unless we are prepared to accept all who
are similarly situatuated who follow them. If it is decided to accept all
of those who can escape, we should make it clear that the 130, 000 to
150, 000 figure suggested by Secretary Kissinger may well be exceeded in
order to reduce likely Congressional pressure to limit those accepted to
this amount as the figure is approached.
Dictated by phone - 5/3/75
From: Mr. Mark Wolf
Attorney General's Office
Room 5123
Department of Justice
MW/feb
SEA EVACUATION
CONCLUDED BY U.S.
MAYS, 51 1975
Ford Terms It Complete-
Schlesinger Speaks of Ire
With U.S. Embassy
By JOHN W. FINNEY
Special to The New York Times
WASHINGTON, May 1-De-
fense Secretary James R.
Schlesinger said today that
United States Navy ships, which
had been picking up refugees
fleeing by small boats, had left
the coast of South Vietnam.
While Mr. Schlesinger, who
-
THE WHITE HOUSE
WASHINGTON
May 16, 1975
GRATION
To: Eva CALITY
From: Jay
This is a part of PWB's
file on refugees.
fill
X
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
Labri
Ua
1st Session
No. 93-461
Mr file
IMMIGRATION AND NATIONALITY ACT AMENDMENTS
OF 1973
SEPTEMBER 11, 1973.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed.
Mr. EILBERG, from" Committee on the Judiciary,
submitted the following
REPORT
Together with additional views
[To accompany H.R. 981]
The Committee on the Judiciary to whom was referred the bill
(H.R. 981) having considered the same, reports favorably thereon
with an amendment and recommends that the bill do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof the
following:
That this Act may be cited as the "Immigration and Nationality Act Amendments
of 1973".
SEC. 2. Section 101 (a) (15) (H) (ii) of the Immigration and Nationality Act
(8 U.S.C. 1101 (a) (15) (H) (ii)) is amended to read as follows: (ii) who is coming
temporarily to the United States for a period not in excess of one year to perform
other services or labor if the Secretary of Labor has determined that there are
not sufficient workers at the place to which the alien is destined to perform such
services or labor who are able, willing, qualified, and available, and the employ-
ment of such aliens will not adversely affect the wages and working conditions
of workers similarly employed: Provided, That the Attorney General may, in
his discretion, extend the terms of such alien's admission for a period or periods
not exceeding one year;''.
SEC. 3. Section 201 of such Act (8 U.S.C. 1151) is amended-
(1) by striking out subsection (a) and inserting in lieu thereof the following:
"(a) Exclusive of special immigrants defined in section 101(a)(27), and im-
mediate relatives of United States citizens as specified in subsection (b) of this
section, (1) the number of aliens born in any foreign state or dependent area
located in the Eastern Hemisphere who may be issued immigrant visas or who
may otherwise acquire the status of an alien lawfully admitted to the United
States for permanent residence, or who may, pursuant to section 203 (7), enter
conditionally, shall not in any of the first three quarters of any fiscal year exceed
a total of forty-five thousand and shall not in any fiscal year exceed a total of one
hundred seventy thousand; and (2) the number of aliens born in any foreign state
of the Western Hemisphere or in the Canal Zone, or in a dependent area located
in the Western Hemisphere, who may be issued immigrant visas or who may other-
99-006-73-1
FORD LIBRARY 077839
2
3
wise acquire the status of an alien lawfully admitted to the United States for per-
including, but not limited to, lists of occupations in short supply or over-
manent residence, or who may, pursuant to section 203(a) (7), enter conditionally,
supply, regionally projected manpower needs, as well as up-to-date statistics
shall not in any of the first three quarters of any fiscal year exceed a total of
on the number of labor certifications approved or denied;".
thirty-two thousand and shall not in any fiscal year exceed a total of one hundred
(2) A new paragraph (9) is added to subsection (d) to read as follows:
twenty thousand.' and
(9) (A) If the Secretary of State shall find that it is in the national interest that
(2) by striking out subsections (c), (d), and (e).
all, or any portion, of the members of a group or class of persons who meet the
SEC. 4. Section 202 of such Act (8 U.S.C. 1152) is amended—
qualifications set forth in section 203(a) (7) be paroled into the United States, he
(1) by striking out the last proviso contained in subsection (a) and inserting
may recommend to the Attorney General that such aliens be 80 paroled.
a period in lieu of the colon immediately preceding the proviso; and
(B) Upon receipt of a recommendation pursuant to subparagraph (A) of this
(2) by striking out subsection (c) and inserting in lieu thereof the following:
paragraph and after appropriate consultation with the Congress, the Attorney
"(c) Any immigrant born in a colony or other component or dependent area of a
General may parole into the United States any alien who establishes to his satisfac-
foreign state overseas from the foreign state unless a special immigrant as pro-
tion, in accordance with such regulations as he may prescribe, that he is a member
vided in section (27) or an immediate relative of a United States citizen,
of the group or class of persons with respect to whom the Secretary of State has
as specified in section (b), shall be chargeable for the purpose of the limitation
made such recommendation and that he is not firmly resettled in any country.
set forth in section 201(a), to the hemisphere in which such colony or other com-
The conditions of such parole shall be the same as those which the Attorney
ponent or dependent area is located, and the number of immigrant visas available
General shall prescribe for the parole of aliens under paragraph (5) of this
to each such colony or other component or dependent area shall not exceed six
subsection.
hundred in any one fiscal year.".
(C) Any alien paroled into the United States pursuant to this paragraph whose
SEC. 5. Section 203 of such Act (8 U.S.C. 1153) is amended—
parole has not theretofore been terminated by the Attorney General and who
(1) by striking out "201(a)(ii)" each place it appears in paragraphs (1)
has not otherwise acquired the status of an alien lawfully admitted for permanent
through (6) of subsection (a) and inserting in lieu thereof in each such place
residence shall, two years following the date of his parole into the United States,
"201(a (1) or (2)";
return or be returned to the custody of the Immigration and Naturalization
(2) by striking out paragraph (7) of such subsection (a) and inserting in
Service and shall thereupon be inspected and examined for admission into the
lieu thereof the following:
United States in accordance with the provisions of sections 235, 236, and 237 of
(7) Conditional entries shall next be made available by the Attorney General,
this Act.
pursuant to such regulations as he may prescribe and in an amount not to exceed
(D) Notwithstanding the numerical limitations specified in this Act, any
6 per centum of the limitation applicable under section (1) or (2), to aliens
alien who, upon inspection and examination as provided in subparagraph (C) of
who are outside the country of which they are nationals, or in the case of persons
this paragraph or after a hearing before a special inquiry officer, is found to be
having no nationality, are outside the country in which they last habitually
admissible as an immigrant as of the time of his inspection and examination except
resided, who satisfy an Immigration and Naturalization Service officer at an exam-
for the fact that he was not and is not in possession of the documents required by
ination in any non-Communist or non-Communist-dominated country that they
section shall be regarded as lawfully admitted to the United States for
(A) are unable or unwilling to return to the country of their nationality or last
permanent residence as of the date of his arrival in the United States."
habitual residence because of persecution or well-founded fear of persecution on
SEC. 7. (a) Notwithstanding the provisions of section 245 of the Immigration
account of race, religion, nationality, membership of a particular social group or
and Nationality Act and without regard to the numerical limitations specified
political opinion, (B) are not nationals of the countries in which their application
in that Act, any alien who, on or before the effective date of this Act (1) has
for conditional entry is made, and (C) are not firmly resettled in any country:
been granted by the Secretary of Labor an indefinite certification for employment
Provided, That not not more than one-half of the visa numbers made available
in the Virgin Islands of the United States which has not subsequently become
pursuant to this paragraph may be made available for use in connection with the
invalid, (2) has been inspected and admitted to the Virgin Islands of the United
adjustment of status to permanent residence of aliens who were inspected and
States, and (3) has continuously resided in the Virgin Islands of the United States
admitted or paroled into the United States, who satisfy the Attorney General
for a period of at least five years as of the date of enactment of this Act, and the
that they meet the qualifications set forth herein for conditional entrants, and
spouse and minor unmarried children of any such alien, may have his status
who have been continuously physically present in the United States for a period
adjusted by the Attorney General, in his discretion and under such regulations
of at least two years prior to application for adjustment of status.".
as he may prescribe, to that of an alien lawfully admitted for permanent residence,
(3) by striking out the second sentence of subsection (e) and inserting in
or may be issued an immigrant visa, if the alien (i) makes application for such
lieu thereof the following: "The Secretary of State shall terminate the
adjustment of status or immigrant visa, (ii) is eligible to receive an immigrant
registration of any alien who fails to apply for an immigrant visa within one
visa, and (iii) is admissible to the United States.
year following notification to him of the availability of such visa, unless the
(b) Upon approval of an application for adjustment of status under subsection
alien establishes within two years following notification of the availability of
(a) of this section, the Attorney General shall record the alien's lawful admission
such visa that such failure to apply was due to circumstances beyond his
for permanent residence as of the date of the order of the Attorney General
control. Upon such termination the approval of any petition approved
approving the application for adjustment of status.
pursuant to section 204(b) shall be automatically revoked.".
(c) Applications for adjustment of status or for immigrant visas pursuant to
SEC. 6. Section 212 of such Act (8 U.S.C. 1182) is amended as follows:
the provisions of subsection (a) of this section may be initiated on or after the
(1) Paragraph 14 of subsection (a) is amended to read:
effective date of this Act, but not later than the last day of the third fiscal year
(14) Aliens seeking to enter the United States, for the purpose of per-
beginning on or after the date of enactment of this Act. Applications for immi-
forming skilled or unksilled labor, unless the Secretary of Labor has deter-
grant visas pursuant to the provisions of this section shall be considered in such
mined and certified to the Secretary of State and to the Attorney General
order as the Secretary of State shall by regulations prescribe, except that not more
that (A) there are not sufficient workers who are able, willing, qualified, and
than three thousand visas shall be issued in any one fiscal year.
available at the time of application for a visa and admission to the United
(d) Except as otherwise provided herein, the definitions set forth in section
States and at the place where the alien is to perform such skilled or unskilled
101 of the Immigration and Nationality Act shall be applicable.
labor, and (B) the employment of such aliens will not adversely affect the
SEC. 8. The Act entitled "An Act to adjust the status of Cuban refugees to
wages and working conditions of the workers in the United States similarly
that of lawful permanent residents of the United States, and for other purposes",
employed. The exclusion of aliens under this paragraph shall apply to pref-
approved November 2, 1966 (8 U.S.C. 1255, note), is amended by adding at the
erence immigrant aliens described in section 203(a)(3) and (6), and to non-
end thereof the following new section:
preference immigrant aliens described in section 203(a)(8). The Secretary
"Sec. 5. The approval of an application for adjustment of status to that of
of Labor shall submit quarterly to the Congress a report containing complete
lawful permanent resident of the United States pursuant to the provisions of
and detailed statements of facts pertinent to the labor certification procedures
section 1 of this Act shall not require the Secretary of State to reduce the number
of visas authorized to be issued in any class in the case of any alien who is physically
5
4
present in the United States on or before the effective date of the Immigration
country limit, operates under a seven-point preference system designed
and Nationality Act Amendments of 1973.".
to give top priority to reuniting families and to attracting aliens with
SEC. 9. (a) Section (27) of such Act (8 U.S.C. 1101(a)(27)) is amended
needed skills to this country.
by striking out subparagraph (A) and by redesignating subparagraphs (B)
Western Hemisphere immigration, on the other hand, operates
through (E) as subparagraphs (A) through (D), respectively;
(b) Section 211 (b) of such Act (8 U.S.C. is amended by striking out
entirely on a first-come, first-served basis, without any per country
"section 101(a)(27) (B)" and inserting in lieu thereof "section (27) (A)".
limitation. The only restriction is that an alien entering the country to
(c) Section (24) of such Act (8 U.S.C. 1182(a)(24)) is amended by striking
perform skilled or unskilled labor must obtain a certification from the
out the language: 101(a)(27)(A) and (B)" and inserting in lieu thereof: 101(a)
(27) (A) and aliens subject to the numerical limitation specified in section
Secretary of Labor indicating that his entry will not adversely affect.
(2)";
the American labor market. Parents, spouses, and children of U.S.
(d) Section 241(a)(10) of such Act (8 U.S.C. 1251(a)(10)) is amended by
citizens or of aliens legally admitted for permanent residence are
striking out the language in the parenthesis and inserting in lieu thereof the follow-
exempt from this requirement.
ing: "other than an alien described in section (27) (A) and aliens subject to
As a direct result of the imposition in 1968 of the Western Hemi-
the numerical limitation specified in section (2)";
(e) Section 244(d) of such Act (8 U.S.C. 1254(d)) is amended by striking out
sphere ceiling of 120,000 without a preference system, all intending
the following language: "is entitled to a special immigrant classification under
immigrants from this hemisphere who fall under the numerical ceiling
section 101(a)(27)(A), or"; and
are presently experiencing almost a 2-year wait for their visas. This
(f) Section 349(a) (1) of such Act (8 U.S.C. 1481(a)(1)) is amended by striking
out "section (27) (E)" and inserting in lieu thereof: "section 01(a)(27)(D)";
backlog has been accumulating steadily, and the situation appears to
and
be worsening each month.²
(g) Section 21(e) of the Act of October 3, 1965 (Public Law 89-236; 79 Stat.
Beginning with the first permanent quota restrictions imposed on
921) is repealed.
immigration to this country by the Immigration Act of 1924, and
SEC. 10. (a) The amendments made by this Act shall not operate to affect
the entitlement to immigrant status or the order of consideration for issuance of
continuing through the Immigration and Nationality Act of 1952,
an immigrant visa of an alien entitled to a preference status, under section 203(a)
the McCarran-Walter Act, immigration from other Western Hemi-
of the Immigration and Nationality Act, as in effect on the day before the effective
sphere countries had been numerically unrestricted. The current
date of this Act, on the basis of a petition filed with the Attorney General prior to
numerical restriction on Western Hemisphere immigration is the
such effective date.
(b) An alien chargeable to the numerical limitation contained in section 21(s)
result of the far-reaching 1965 amendments to the Immigration and
of the Act of October 3, 1965 (79 Stat. 921) who established a priority date at a
Nationality Act.
consular office on the basis of entitlement to immigrant status under statutory
To a considerable extent, passage of the provision for a ceiling on
or regulatory provisions in existence on the day before the effective date of this
Western Hemisphere immigration came about because a sufficient
Act shall be deemed to be entitled to immigrant status under section 203(a)(8)
of the Immigration and Nationality Act and shall be accorded the priority date
number of those opposed to it agreed to accept it as the price that
previously established by him. Nothing in this section shall be construed to
had to be paid in order to insure passage of legislation abolishing the
preclude the acquisition by such an alien of a preference status under section
national origins quota system which dated back to the 1920's. This
203(a) of the Immigration and Nationality Act, as amended by section 5 of this
latter goal was the primary purpose of the 1965 legislation since its
Act. The numerical limitation to which such an alien shall be chargeable shall be
determined as provided in sections 201 and 202 of the Immigration and Nationality
inception, and this emphasis accounts in large part for the very limited
Act, as amended by this Act.
consideration given to the actual mechanics of the Western Hemi-
SEC. 11. The foregoing provisions of this Act, including the amendments made
sphere ceiling during the 1965 debate.
by such provisions, shall become effective on the first day of the first month which
A ceiling of 120,000 annually for Western Hemisphere immigration,
begins more than sixty days after the date of enactment of this Act.
to go into effect July 1, 1968, was incorporated in the bill as the
result of an amendment adopted in the Senate.
PURPOSE OF THE BILL
The reasons for the establishment of the controversial quota on
The purpose of the bill is to extend to the Western Hemisphere the
Western Hemisphere immigration were summarized in the Senate
seven category preference system and the 20,000 per country limit on
report on H.R. 2580 which became Public Law 89-236, as follows:
the number of immigrant visas available annually, which is currently
The committee has become increasingly concerned with
in effect for the Eastern Hemisphere. The bill also amends the refugee
the unrestricted flow of immigration from the nonquota
section of current law, as well as the provisions relating to the ad-
countries which has averaged approximately 110,000 ad-
mission of certain temporary workers.
missions over the past 10 years. Last year the nonquota ad-
missions from Western Hemisphere countries totaled 139,284,
HISTORICAL BACKGROUND
and the evidence is present that the increase will continue.
The Immigration and Nationality Act, as amended, provides for
Not only is the committee concerned with the volume of the
an annual ceiling of 120,000 "special immigrant" visas for natives of
immigration, but it has difficulty with reconciling its decision
the independent countries of the Western Hemisphere and their alien
to eliminate the concept of an alien's place of birth deter-
spouses and children.¹ Unlike Eastern Hemisphere immigration, immi-
mining the quota to which he is charged with the exemption
gration in this Hemisphere is not regulated by a priority or preference
from the numerical limitation extended to persons born in
system, and there is no per-country limitation. Eastern Hemisphere
2 According to the Department of State bulletin, "Availability of Immigrant Visa Numbers for Septem-
immigration, restricted to 170,000 visas per year, with a 20,000 per
ber 1973," visa numbers allocated for September issuance under the Western Hemisphere limitation were
for applicants with priority dates earlier than October 15, 1971.
1 Immigration and Nationality Act of 1952, as amended, sec. 101(a)(27)(A), (8 U.S.C. 1101 (a)(27)(A);
Act of Oct. 3, 1965 (Public Law 89-236), Sec. 21(e).
to
6
7
the Western Hemisphere. To continue unrestricted immigra-
In short, when repealing the national origins quota system, the
tion for persons born in Western Hemisphere countries is to
Eighty-ninth Congress did not provide an adequate mechanism for
place such aliens in a preferred status compared to aliens
implementing the Western Hemisphere ceiling. The result, completely
born in other parts of the world which the committee feels
unforeseen and unintended, has been considerable hardship for in-
requires further study. (Senate Report 748, 89th Congress,
tending immigrants from this hemisphere who until 1968 enjoyed the
1st session, pp. 17-18.)
privilege of unrestricted immigration, and a concomitant adverse
A study was conducted by the Select Commission on Western
effect on our foreign relations in this hemisphere. It is the express
Hemisphere Immigration, established by the 1965 legislation. It
purpose of this legislation to correct this situation. As the Chairman
recommended postponement of the effective date of the numerical
of the Judiciary Subcommittee on Immigration, Citizenship, and
restriction on Western Hemisphere immigration from July 1, 1968 to
International Law (formerly Subcommittee No. I), commented during
July 1, 1969. It was their hope that labor certification, rather than a
the hearings:
fixed numerical ceiling, might "provide that measure of immigration
It should be remembered that, with the abolition of the
control the Congress may deem needful," and they requested a year
national quota system in 1965, Congress endorsed the
for further study of this possibility. However, legislation implementing
principles of equity and family reunification as the basis of
this recommendation was not enacted, and the 120,000 ceiling went
our immigration policy for the Eastern Hemisphere. It re-
into effect on July 1, 1968.
mains the unfinished business, therefore, of this subcom-
In the ensuing years since the establishment of the Western Hemi-
mittee and the Congress to extend these principles to the
sphere immigration ceiling, there has been no concerted attempt or
natives of the Western Hemisphere.
public pressure to abolish it. In this regard, the Committee notes the
recommendation made in 1972 by the President's Commission on
COMMITTEE ACTION
Population Growth and the American Future, that "immigration
levels not be increased." It is apparent from the estimated current
The Subcommittee on Immigration, Citizenship, and International
Western Hemisphere backlog of 200,000 active cases that immigra-
Law held seven days of hearings on H.R. 981, between March 28 and
tion would have risen above the current level without the ceiling.
June 14, 1973. Testimony was received from Members of Congress, as
The total number of immigrants entering this country in fiscal year
well as from representatives of the Executive agencies involved (State,
1972 from all countries was 384,685; total annual immigration to this
Justice, and Labor), organized labor, the Association of Immigrati
country has ranged between 200,000 and 400,000 since 1950.4
and Nationality Lawyers, the Commission on Population Growth and
Attention is more appropriately focused on two aspects of the
the American Future, voluntary agencies concerned with immigration
immigration law which received little discussion during the 1965
problems, and expert and public witnesses. The hearings were followed
debate: the absence of a preference system and per-country limit for
in July by three mark-up sessions on the legislation, and by consid-
the Western Hemisphere. As previously noted, this is in contrast to
eration by the full Committee of the Subcommittee amendment to
the Eastern Hemisphere which, along with an overall annual numerical
H.R. 981. This amendment, in the nature of a substitute was approved
ceiling of 170,000, has a 20,000 per-country limitation and a seven-
unanimously by voice vote and ordered reported to the House on
point preference system whereby certain categories of immigrants, most
July 24, 1973.
notably close relatives of U.S. citizens and permanent resident aliens,
The Administration's immigration revision bill, H.R. 9409, was
and those possessing talents and skills in short supply in this country
introduced by request on July 19, 1973 and consequently the provi-
are given preference over others.
sions of the Administration's bill were before the Subcommittee and
However, because the Western Hemisphere has no preference sys-
considered by it during the mark-up of H.R. 981.
tem and no per-country limit, in effect, the United States has two dif-
The primary focus of H.R. 981, as amended, is the application of a
ferent immigration laws for the two hemispheres. For example, under
preference system to the Western Hemisphere. The Subcommittee on
the provisions determining Eastern Hemisphere immigration, the 22-
Immigration, Citizenship, and International Law, has been aware of
year-old British citizen daughter of a U.S. citizen or the Spanish wife
the situation regarding Western Hemisphere immigration for a
of a permanent resident alien would receive preferential treatment
number of years. The problem was discussed as early as April, 1968
compared to other intending immigrants whose relational ties were
during a series of hearings subtitled "Review of the Operation of the
more distant, or who were entering under the occupational preference
Immigration and Nationality Act as Amended by the Act of October
However, the 22-year-old Brazilian daughter of a U.S. citizen or the
3, 1965" (Immigration, 90th Congress, 2d Session, 1968, Serial No. 23).
Canadian wife of permanent resident alien would be required to line
In the Ninety-first Congress omnibus immigration bills concerning
up behind the other intending immivgrants from this hemisphere-now
Western Hemisphere immigration reform were considered during
numbering close to 200,000-and to wait almost two years for a visa.
five days of hearings in July and August, 1970. (Immigration, 91st
In contrast, immigrant visas for the Eastern Hemisphere are immedi-
Congress, 2d Session, 1970, Serial No. 32).
ately available under the relative preference categories for all countries
While the illegal alien issue was the primary focus of the extensive
except the Philippines.
hearings conducted during the Ninety-second Congress, the Sub-
committee was cognizant of that problem in the context of the broader
$ Population and the American Future, The Report of the Commission on Population Growth and the
American Future, March 1972, p. 117.
4 U.S. Department of Justice, Immigration and Naturalization Service, 1972 Annual Report, p. 23.
8
9
issue of the regulation of Western Hemisphere immigration, and much
wide ceiling. The ceilings under this proposed legislation are unchanged
of the data developed during the course of the illegal alien hearings was
from the present law: 170,000 for the Eastern Hemisphere and 120,000
of direct relevance to it. (Illegal Aliens, 92nd Congress, 1st and 2d
for the Western Hemisphere. The Committee is also attempting by
Sessions, 1971-1972, Serial No. 13).
this legislation to implement the recommendation of the President's
Commission on Population Growth and the American Future, that
NEED FOR LEGISLATION
"immigration levels not be increased."
The existing Eastern Hemisphere preference system, with one
According to U.S. Department of State's Bureau of Security and
modification (described in detail below), relating to seventh preference
Consular Affairs, numbers allocated for September 1973 issuance under
refugees, is imposed upon the Western Hemisphere. The preference
the Western Hemisphere limitation are for applicants with priority
categories are as follows:
dates earlier than October 15, 1971.
First preference (unmarried sons and daughters over 21 of
The current active Western Hemisphere waiting list was estimated
U.S. citizens) 20% of the respective hemispheric limitation in
by the State Department at 192,761 as of January 1973. Including
any fiscal year;
inactive cases, there are 297,833 applicants. As noted above, this
Second preference (spouses and unmarried sons and daughters
situation compares very unfavorably with the Eastern Hemisphere,
of aliens lawfully admitted for permanent residence): 20% of the
where visas are current for relative preferences for all countries
limitation plus, any numbers not required for first preference;
except the Philippines. In short, we are causing intending immigrants
Third preference (members of the professions or persons of
from this hemisphere considerable hardship in being reunited with
exceptional ability in the sciences and arts) 10% of the limita-
members of their family, who are U.S. citizens or permanent resident
tion;
aliens. In addition, the State Department reports serious concern
Fourth preference (married sons and daughters of U.S. citizens):
about the adverse effect our current immigration law has had on our
10% of the limitation, plus any numbers not required by the first
foreign relations in this hemisphere, particularly with Canada.
three preference categories;
Fifth preference (brothers and sisters of U.S. citizens) 24%
GENERAL INFORMATION AND ANALYSIS OF LEGISLATION AS AMENDED
of the limitation, plus any numbers not required by the first four
preference categories;
H.R. 981 is limited in scope and objective, in part because of the
Sixth preference (skilled and unskilled workers in short supply):
urgency of the situation in the Western Hemisphere which has
10% of the limitation;
prompted it. As originally introduced, H.R. 981 provided for a single
Seventh preference (refugees) 6% of the limitation;
worldwide ceiling and a unified and revised preference system. Chair-
Nonpreference (other immigrants): numbers not used by the
man Rodino noted in his statement during the hearings on this
seven preference categories.
legislation:
The Committee feels that the problems with the present preference
In view of the hardships we are unintentionally causing
system have not been SO severe as to make its extensive revision a top
would-be immigrants from this hemisphere, and the adverse
priority issue at this time. This view was expressed by Administration
diplomatic effects of the increasingly deteriorating situa-
witnesses who again cited the difficulty in predicting developments in
tion
it seems possible that further reform of the immi-
the Western Hemisphere as a reason for not instituting major changes
gration law will have to be a two-step operation, with the
at this time.
first step being immediate enactment of legislation supple-
H.R. 981, as amended, establishes a 20,000 per-country limit on the
menting the 1965 act by extending its Eastern Hemisphere
number of immigrant visas available annually, applicable to all
provisions with only essential modifications to the Western
countries. A 20,000 per-country limit is currently in effect for all
Hemisphere.
countries in the Eastern Hemisphere, while there is no Western
Hemisphere per-country limit.
This is the course the Committee is following, with H.R. 981, as
The application of this 20,000 limit to Canada and Mexico was the
amended, representing the first step in the two-step operation de-
scribed-by the Chairman.
single most controversial issue during the Committee's processing of
H.R. 981. As originally introduced, H.R. 981 provided for unlimited
A unified worldwide immigration system in some form is the ulti-
immigration from the two contiguous countries (with labor certi-
mate goal after the Western Hemisphere situation has been resolved,
fication required in some cases), as compared to a 25,000 per-country
and after there has been some opportunity to observe the operation
of the preference system and per-country numerical restriction in
limit for all other countries. The Administration's immigration bill,
H.R. 9409, provides for 35,000 visas each for Canada and Mexico,
that hemisphere. The State Department has consistently opposed
legislation introduced in this and the previous two Congresses which
to be distributed under separate preference systems, as compared to
20,000 visas for all other countries.
would establish an immediate worldwide ceiling on the grounds that
The decision by the Committee to limit all countries to 20,000 was
they are unable to predict its effect on either hemisphere. In recog-
based primarily on the desire that this legislation mark the final end
nition of the fact that we are engaged in a continuing experiment
with respect to Western Hemisphere immigration, the bill retains
of an immigration quota system based on nationality, whether the
separate hemispheric ceilings as an interim measure until we have
had sufficient experience to proceed to the establishment of a world-
H. Rept. 93-461-2
10
11
rationale behind it be the alleged national origins of our citizenry, as
refugees from any country in the world. Current law, on the other
it was in the past, or geographical proximity-the argument for pref-
hand, restricts refugees to those who have fled from communism or
erential treatment of Canada and Mexico. The proposed legislation
from certain defined areas of the Middle East. Further, since the
rejects the concept of a "special relationship" between this country and
preference system only applies to the Eastern Hemisphere, under the
certain other countries as a basis for our immigration law, in favor of
present law an alien cannot qualify as a refugee if he is a native of a
a uniform treatment for all countries.
Western Hemisphere country. H.R. 981 would remove these ideological
Canadian immigration in recent years has been running consider-
and geographical limitations of the present law, and create a program
ably below 20,000. Mexico, however, led all other countries in fiscal
which is worldwide in application. The definition of "refugee" in the
year 1972 with a total of 64,040 immigrants. Of these, 22,333 were
bill conforms with the definition of the term in the United Nations
exempt from numerical limitation and would be unaffected by the
Protocol Relating to the Status of Refugees, to which the United
provisions of this bill. A total of 41,694 Mexicans entered under the
States acceded, effective Nov. 1, 1968. The present seventh preference
Western Hemisphere ceiling of 120,000. It should be noted, however,
allocation of 6% of the total number of immigrant visas would be
that Mexico has one of the lowest naturalization rates of all countries.
retained, providing a maximum of 10,200 conditional entries for the
This bears out the theory, based in large part on experience during the
Eastern Hemisphere, and 7,200 for the Western Hemisphere.
extensive illegal alien hearings held by Subcommittee No. 1 during the
In addition, Section 6 of H.R. 981, as amended, provides specific
92nd Congress, that a considerable number of Mexicans enter this
authority for the parole of groups or classes of alien refugees into the
country solely for the purpose of employment, frequently for a limited
United States by the Attorney General under exceptional or emergency
period of time, and that a large number have no intention of moving
circumstances. If the refugees in question meet the definition of
here permanently. If this is the case, the proposed amendment in this
"refugee" contained in Section 203 (a)(7), the Attorney General may,
bill to Section 101(a)(15)(H)(ii) to allow nonimmigrant H-2 workers
pursuant to a recommendation by the Secretary of State, parole
to enter temporarily for jobs which are permanent in nature, should
groups or classes of refugees into this country after appropriate con-
meet the needs of any who now enter from Mexico with immigrant
sultation with the Congress. Such consultation is intended to mean,
visas because of the present restriction on the H-2 provision to em-
at a minimum, consultation with the House and Senate Judiciary
ployment which is temporary in nature. Similarly, this provision is
subcommittees with jurisdiction over immigration and nationality
designed to meet the needs of employers who, despite diligent efforts,
legislation. The refugees so paroled would be permitted to apply for
are unable to locate U.S. workers to fill such jobs. The admission of
an adjustment of status to that of permanent resident alien two years
these temporary alien workers is authorized only upon a certification
after their parole into the United States.
by the Secretary of Labor that such admission will not adversely affect
The present parole authority granted the Attorney General is
American workers and local labor market conditions.
simultaneously ambiguous and far too broad. While the term "refu-
In addition, in recent hearings held by a special imimgration study
gee" is not specifically mentioned in Section 212(d)( (5), the Attorney
group on Guam, it was found that the restriction on the admission
General is given blanket authority at his discretion to parole "for
of H-2 workers (i.e. to employment which is temporary in nature)
emergent reasons or for reasons deemed strictly in the public interest
has had a severe impact on Guam's economy. There was a consensus
any alien applying for admission to the United States. This has been
of opinion among the witnesses who appeared before the study group
broadly interpreted to include groups of refugees, with and without
that a liberalization of the H-2 provision would substantially assist
consultation with the Congress, and at times in contravention of the
the tourist and fishing industries of Guam. The current restriction
following statement of Congressional intent contained in the House
on the admission of temporary workers to Guam has had the effect
Report on the 1965 amendments:
of placing Japanese and other foreign investors in a better competitive
*
economic position than American businessmen. The Committee be-
Inasmuch as definite provision has now been made for
lieves this to be patently unfair and feels that the removal of the tem-
refugees, it is the express intent of the committee that the
porary worker restriction will enable American employers in Guam
parole provisions of the Immigration and Nationality Act,
to compete on a more equal basis.
which remain unchanged by this bill, be administered in ac-
cordance with the original intention of the drafters of that
REFUGEE PROVISIONS
legislation. The parole provisions were designed to authorize
the Attorney General to act only in emergent, individual, and
H.R. 981, as amended, significantly amends the refugee provisions
isolated situations, such as the case of an alien who requires
of the Immigration and Nationalty Act in an attempt to correct an
immediate medical attention, and not for the immigration of
inadequacy of current law. The bill amends both the seventh prefer-
classes or groups outside of the limit of the law.⁶
ence refugee category (Sec. 203(a)(7)), and the parole provision (Sec.
212(d)(5)).
The reaction of the State Department to a specific delineation of
Section 5 of the bill modifies the preference system by expanding
the Attorney General's authority, as well as some of the past history
the present refugee category to include conditional entry for political
of the use of the parole provision were discussed during the hearings
by Hon. Francis L. Kellogg, Special Assistant to the Secretary of
$ Immigration and Naturalization Service, 1972 Annual Report, p. 28.
State for Refugee and Migration Affairs:
6 House Report No.745, 89th Cong., 1st Sess., pp. 15-16.
12
13
Attorneys General have used the parole authority con-
LABOR CERTIFICATION
tained in existing Section 212(d)(5) to admit aliens for many
purposes. For example, aliens have been paroled into this
The labor certification provision, intended to provide protection for
country to receive medical treatment, to prevent inhumane
U.S. labor, is contained in Section 212(a) (14) of the Immigration and
separation of families, and to enable entry for witnesses in
Nationality Act. That section provides for the excludability of cer-
judicial proceedings. Parole has been utilized in lieu of
tain categories of aliens unless the Secretary of Labor issues a certifi-
detention when the admissibility of an arriving alien cannot
cation indicating (1) that there are not sufficient U.S. workers who
be immediately determined. Prior to 1965, the Section 212(d)
are "able, willing, qualified, and available" in the alien's occupational
(5) parole authority was the sole means of assisting the entry
category and (2) that the alien's employment will not adversely affect
of homeless refugees. For example, more than 31,000 refugees
the wages and working conditions of similarly-situated American
from the 1956 Hungarian revolt have been paroled into the
workers.
United States. In 1956, the parole authority was used to
Under the current law, the labor certification provision is applicable
benefit more than 15,000 Chinese refugees then situated
to Eastern Hemisphere third and sixth preference immigrants, and to
in Hong Kong.
those nonpreference immigrants who are coming here "for the pur-
The 1965 amendments enacted Section 203(a)(7) which
pose of performing skilled or unskilled labor". It is presently applicable
authorized a limited number of conditional entries for
to all immigrants coming here to work who enter under the Western
aliens
*
*
*
Hemisphere numerical limitation except for the parents, spouses, or
Because the 10,200 annual available conditional entries
children of U.S. citizens or of aliens lawfully admitted to the United
have been absorbed by the need to deal with refugees from
States for permanent residence. H.R. 981, as amended, retains the
many Eastern Hemisphere countries, the Attorney General,
labor certification provision in a slightly amended form, and extends
in consultation with the Department of State, has resorted
it equally to third, sixth, and nonpreference applicants from both
to the 212(d)(5) authority when confronted with emergency
hemispheres.
situations requiring assistance to large numbers of homeless
In addition, Section 6 of H.R. 981 adds a new language requiring
persons. This situation occurred during 1969 and 1970
the Secretary of Labor to submit quarterly reports to the Congress
when the 10,200 annual conditional entries were inadequate
"containing complete and detailed statements of facts pertinent to the
to deal with the humanitarian needs of large numbers of
labor certification procedures including, but not limited to, lists of
Czechoslovakian refugees.
occupations in short supply or oversupply, regionally projected man-
The Section 212(d)(5) parole authority has also been used
power needs, as well as up-to-date statistics on the number of labor
to admit as a humanitarian measure refugees who could not
certifications approved or denied". This information is not presently
qualify as conditional extrants under Section 203(a)(7).
forthcoming from the Labor Department. However, the information
The most recent example of this situation occurred on
that has been received from independent sources indicates a consider-
September 30, 1972, when the Attorney General authorized
able and disturbing lack of uniformity in the program's administration
parole into the United States of up to 1,000 stateless Ugandan
in different parts of the country.
Asians who had been summarily stripped of their Ugandan
In general, the Committee is of the opinion that the current ad-
citizenship by the Ugandan Government. Because the Ugan-
ministration of this provision by the Department of Labor has not been
dans were not fleeing from the "general area of the Middle
satisfactory. The labor certification program is a complex one-partly
East" or a Communist dominated country, they were in-
because of the complexity of the immigration law itself, but partly
eligible under the statute for Section 203(a)(7) conditional
because of the failure of the Department of Labor to explain adequately
entry consideration.
the program to the public or even to the Congress, with whom it has
been generally uncooperative. As a result, the program is operating
As noted previously, the parole authority contained in this bill is
with little in the way of public understanding, and the Department of
granted the Attorney General only "after appropriate consultation
Labor's efforts to implement this program have been attacked by
with the Congress". The Committee emphasizes the importance it
courts and commentators alike as being arbitrary, unfair and violative
places upon this consultation in the administration of the parole
of the Freedom of Information Act.
function. The Congress is charged by the Constitution with respon-
In this regard, the Committee notes that in May 1973, the Ad-
sibility for the regulation of immigration, and this responsibility does
ministrative Conference of the United States approved fairly extensive
not cease in the presence of an emergency refugee situation. We
recommendations aimed at correcting procedural deficiencies in the
reiterate that such consultation is intended to mean, at a minimum,
labor certification of immigrant aliens. The Department of Labor
consultation by the Departments of State and Justice with the ap-
has informed the Committee that they are taking action to implement
propriate Judiciary subcommittees. In the event that the Congress
these recommendations.
is in recess, the chairmen and ranking minority members of these
At present, to quote the Subcommittee Chairman:
subcommittees should be consulted.
The scarcity of information certainly makes evalua-
tion of the program's impact extremely difficult and the
program appears to have engendered a disproportionate
14
15
number of problems when compared to the number of
As background, legislation was enacted in 1966 7 in direct response
people involved. In fiscal 1972, 10 percent to 15 percent of the
to the problem posed by the legal status of a growing number of Cuban
visas issued by the State Department involved labor certifi-
refugees who, under the provisions of the immigration law, were
cation. Further, studies show that the occupational mix
unable to adjust their status to that of aliens admitted for permanent
since enactment of the more restrictive 1965 provision is
residence without first leaving the country and applying for readmis-
very similar to the occupational mix prior to the amend-
sion on an immigrant basis. The 1966 Act authorized the Attorney
ment. This, of course, raises the question of whether it would
General to adjust the status of a Cuban refugee who arrived here after
be feasible to return to the pre-1965 provision, which caused
January 1, 1959 to that of permanent resident alien after he has been
many fewer problems; and whether that provision could be
physically present in this country for two years. Refugees who adjust
administered in such a way as to guarantee adequate pro-
their status under the provisions of this Act are presently counted
tection for American workers.
against the overall annual 120,000 ceiling on Western Hemisphere
immigration. Both the majority of the Select Commission on Western
The Subcommittee on Immigration, Citizenship, and International
Hemisphere Immigration and the State Department have recommended
Law plans to return to this issue when more information is available;
that the Cuban adjustees not be charged to the ceiling, primarily on
the continuation of the provision in its present form is intended only
the grounds that this special humanitarian program of the United States
as an interim step until that time.
Government should not be conducted at the expense of other Western
In a related amendment, H.R. 981 amends Section 101 (a) (15) (H) (ii)
Hemisphere countries, as is presently the case.
to allow nonimmigrant H-2 workers to enter temporarily to fill jobs
While the numbers of Cuban refugees now eligible to adjust their
which may be permanent in nature. At present, the H-2 provision is
status are sufficient to reduce significantly the immigrant visas avail-
restricted to employment which is temporary in nature. The amend-
able to other countries under the Western Hemisphere ceiling, they
ments further require such aliens to obtain a labor certification as a
are not of a magnitude to cause alarm regarding the overall level of
precondition for entry, and limit their period of stay to a maximum
immigration into this country; nor is this number increasing. The
of two years.
Cuban airlift was formerly terminated on April 6, 1973, at the request
COLONIES AND DEPENDENCIES
of the Cuban Government, and the Department of Health, Education,
Under the present provisions of the Immigration and Nationality
and Welfare is in the process of phasing out the Federal Cuban Refugee
Act, natives of colonies or dependent areas, with the exception of
Program reimbursements to the States, under the Migration and
immediate relatives of U.S. citizens, are subject to subquotas derived
Refugee Assistance Act of 1962 (PL 87-510). The program will phase
from their mother country. The subquotas are limited to 1% (or 200)
down beginning July 1973, and terminating by June 30, 1977.
of the maximum number of 20,000 visas available to any foreign state
VIRGIN ISLANDS
in the Eastern Hemisphere. Backlogs have developed in approximately
half of the dependencies as of January 1973.
Section 7 of H.R. 981 would establish a three-year program under
In a provision aimed at providing a more reasonable allocation of
which certain aliens now in the Virgin Islands in a temporary non-
visas, H.R. 981 would raise the annual allotment for the dependencies
immigrant status would be afforded an opportunity to acquire perma-
to 600. According to the Committee's computations, this would make
nent resident status. Beneficiaries of this provision would include only
visas current through the 6th preference for all areas except Hong
aliens who had received indefinite labor certifications valid for em-
Kong and Cape Verde.
ployment in the Virgin Islands under a special procedure undertaken
Section 4 of H.R. 981 provides further that the visas made available
by the Department of Labor several years ago, and the spouses and
to the dependencies would be charged only to the ceiling of the hemi-
children of such aliens. The legislation includes requirements that
sphere in which they were located, and not to the mother country as
beneficiaries must have resided continuously in the Virgin Islands for
is currently the case. This amendment is made at the recommendation
at least five years; and that a total of not more than 3,000 visas may
of the Department of State, due primarily to the fact that Great
be issued to, and adjustments made for, such aliens in any fiscal year.
Britain has 25 dependencies, ten of which are oversubscribed.
The Committee views this provision as essentially a housekeeping
It should be emphasized that this provision in no way increases the
measure, intended to regularize the status of certain temporary alien
total number of immigrant visas available under the law.
laborers in the American Virgin Islands. This special foreign labor
program was begun in 1956 as a result of recommendations made in
CUBAN ADJUSTMENTS
1955 by a special subcommittee of the House Committee on the Judi-
Section 8 of H.R. 981 provides that Cuban refugees who are present
ciary. It is anticipated that the Immigration and Naturalization
in the United States on the date of enactment of this legislation and
Service and the Department of Labor will work closely with the
who thereafter adjust their status to that of permanent residents
Government of the Virgin Islands in implementing this section of
the bill.
shall not be charged to the 120,000 Western Hemisphere ceiling.
7 Act of November 2, 1966; PL 89-732; 80 Stat. 1161.
8
Federal Register, April 10, 1973 (38 FR 9103). The final notice is published without change, effective July 1,
1973.
17
16
This section also repeals obsolete subsections 201(c)-(e) of the
SECTION-BY-SECTION ANALYSIS OF H.R. 981, AS AMENDED
present law, which relate to the 1965-1968 transition period provided
by the 1965 amendments (79 Stat. 911) to the Immigration and
SECTION 1
Nationality Act.
The short title of the Act is the "Immigration and Nationality
SECTION 4
Act Amendments of 1973."
Section 202(c) is amended to increase the numerical limitation on
SECTION 2
immigration from dependent areas of foreign states to 600 a year, and
Section of the Immigration and Nationality
to provide that such visas shall be chargeable only to the hemisphere
Act is amended to permit entry of aliens into the United States for
ceiling in which the dependent areas are located. Under the present
a temporary period of time to perform services or labor which may
law, the dependencies are limited to 1% of the maximum annual
be either temporary or permanent in nature. Under the present
foreign state allotment of 20,000, or to 200 visas. These visas are
law, nonimmigrant "H-2" workers may be admitted only to perform
chargeable against both the subquota of the mother country and the
temporary labor or services which are not of a permanent, ongoing
total ceiling of the hemisphere in which the mother country is located.
nature. The period of stay of an alien classified as an H-2 nonimmi-
Section 202(a) is amended by the deletion of an obsolete proviso
grant worker is limited to an initial period of one year, and may be
relating to the 1965-1968 transition period provided by the 1965
extended by the Attorney General for up to one additional year. The
amendments (79 Stat. 912) to the Immigration and Nationality Act.
present law contains no specific time limit on the period of stay.
A determination by the Secretary of Labor regarding the un-
SECTION 5
availability of U.S. workers is required as a precondition for the
Section 203(a) is amended to apply the existing preference system
entry of H-2 workers, as it is currently for certain categories of
for the Eastern Hemisphere to natives of the Western Hemisphere.
immigrants.
The preference system in the present law is retained, except for the
SECTION 3
redefinition of the term refugee in section 203(a)(7).
The present separate hemispheric ceilings of 170,000 for the Eastern
To be eligible for seventh preference refugee status under the
Hemisphere and 120,000 for the Western Hemisphere are retained.
amended definition, aliens must be outside the country of which they
Provision for both ceilings is incorporated into section 201(a) of the
are nationals or if they have no country of nationality, outside the
Immigration and Nationality Act, which currently provides only
country in which they have habitually resided. They must satisfy an
Immigration and Naturalization Service officer at an examination in
for the Eastern Hemisphere ceiling.
The amended section 201(a)(1) sets forth the Eastern Hemisphere
any non-Communist or non-Communist-dominated country that they
ceiling, from which are exempted, as under the present law, both
are unable or unwilling to return home because of persecution or
special immigrants defined in the amended section 101(a)(27) and
well-founded fear of persecution on account of race, religion, na-
immediate relatives of U.S. citizens defined in section (b). Added
tionality, membership in a particular social group or political opinion;
to those aliens chargeable to the Eastern Hemisphere ceiling are
that they are not nationals of the country in which they are making
"aliens born in any dependent area located in the Eastern
their application; and that they are not firmly resettled in any
Hemisphere." Immigrants from the dependencies are currently
country.
The defintion of "refugee" has been amended to conform with the
chargeable to the mother country.
Section 201(a)(2) incorporates the Western Hemisphere ceiling of
the U.N. Protocol Relating to the Status of Refugees, to which the
U.S. has acceded. This definition differs from the definition contained
120,000 now contained in section of the Act of Oct. 3, 1965
(79 Stat. 921). The categories of exemptions and inclusions under this
in the present law in its extension of eligibility to refugees from any
ceiling are identical to those specified under section for the
country. Seventh preference refugee status based on persecution is
Eastern Hemisphere. To facilitate administration, not more than
now specifically limited to refugees from Communist or Communist-
32,000 aliens subject to this numerical ceiling may be admitted in each
dominated countries, and from countries in the Middle East. The
of the first three quarters of any fiscal year. This corresponds to the
amended language also broadens the definition of persecution, and
per-quarter restriction of 45,000 on aliens entering under the Eastern
eliminates catastrophic natural calamity as a basis for eligibility.
Hemisphere ceiling, retained from the present law.
The distinction between the immigrant visas granted aliens under
The inclusion of the Western Hemisphere ceiling in section 201,
the other preference categories, and conditional entry for refugees is
in conjunction with language in the amended sections 202 and 203,
retained. The amended section 203(a)(7) contains a proviso similar
has the twofold effect of extending equally to both hemispheres the
to the one in the existing law, authorizing the use of not more than
20,000 per-country limitation contained in section 202 and the
one half of the visa numbers made available for refugees (i.e., one
preference system set forth in section 203. No separate treatment is
half of 6% of the respective hemisphere ceilings) to adjust the status
of aliens admitted conditionally or paroled into the United States. The
provided for Canada and Mexico.
inclusion of paroled aliens is an amendment to the present law. To be
H. Rept. 93-461-3
18
19
eligible, aliens must meet the definition of refugee contained in this
paroled into the United States. After receiving such a recommenda-
subsection, and have been physically present in the United States
tion, the Attorney General is required to consult with Congress prior
for two years.
to paroling such aliens into the country.
Section 203(e) is amended to require the Secretary of State to
Aliens SO paroled may retroactively adjust their status to that of
terminate the registration of any alien who fails to apply for an immi-
permanent residents two years after their entry, provided they are
grant visa within one year after notification of availability of the visa.
found admissible upon inspection and examination by an Immigration
Such aliens are permitted one additional year to acquire a visa if they
and Naturalization Service officer. Under the terms of section 203(a)
can demonstrate that their failure to apply within the prescribed time
(7), these aliens may be charged to the seventh preference allotment
was due to circumstances beyond their control. Under the present law,
for refugees who adjust their status. However, their adjustment is not
the Secretary of State is authorized, as his discretion and according to
contingent upon the availability of visa numbers under this prefer-
prescribed regulations, to terminate the registration on a waiting
ence. The law states that refugees paroled in under section 212(d)(9)
list of any alien who fails to evidence his continued intention to apply
may adjust their status "notwithstanding the numerical limitations
for a visa, but such discretionary authority has been exercised very
specified in this Act" (sec. 212(d)(9)(D)).
infrequently.
SECTION 6
SECTION 7
1. Labor certification
Section 212(a)( of the Immigration and Nationality Act, the
This section, which does not amend the Immigration and Nation-
labor certification requirement, is amended by the addition of a new
ality Act, establishes a program under which certain aliens now in the
reporting requirement. The Secretary of Labor is required to submit
U.S. Virgin Islands may adjust their status to that of permanent
quarterly reports to the Congress including, but not limited to, lists
resident aliens. Eligibility is limited to nonimmigrant aliens (H-2
of occupations in short supply or oversupply, regionally projected
workers) in possession of indefinite labor certifications valid for em-
manpower needs, and up-to-date statistics on the number of labor
ployment in the U.S. Virgin Islands, and their spouses and minor
certifications approved or denied.
unmarried children. Beneficiaries must have resided in the U.S.
Section 212(a)(14) is also amended to reflect the extension of the
Virgin Islands for at least five years. Applications for adjustment
preference system to natives of the Western Hemisphere under sec-
of status may be filed for a period of three years. The number of
tions 3 and 5 of this Act. Reference to Western Hemisphere natives
visas issued and adjustments made is restricted to 3,000 during any
as "special immigrants" is deleted, as is the exemption from labor
one fiscal year. Visas are to be issued and adjustment made without
certification currently granted natives of the Western Hemisphere
regard to any numerical limitations contained in the Immigration and
who are close relatives of U.S. citizens and permanent residents. Under
Nationality Act, and irrespective of section 245(c) of that Act, which
the amended law, labor certification is required of immigrant aliens
prohibits aliens who are natives of countries of the Western Hemi-
from both hemispheres entering under the two occupational prefer-
sphere and the adjacent islands to adjust their status.
ences (203(a) (3) and (6)), and under the nonpreference category
(203(a)(8)).
SECTION 8
Part (A) of the labor certification requirement is amended by the
deletion of the phrase "in the United States" following reference to
This section amends the Act of Nov. 2, 1966, "An act to adjust
"sufficient workers", to emphasize the intent that the Secretary of
the status of Cuban refugees to that of lawful permanent residents of
Labor certify on the basis of whether there are sufficient workers "at
the United States, and for other purposes" (P.L. 89-732; 80 Stat.
the place" where the alien is going, rather than in the United States
1161; 8 U.S.C. 1255, note). A new section 5 is added to that Act to
as a whole. A second change in the wording of part (A) is of an editorial
provide that Cuban refugees who adjust their status to that of per-
nature.
manent resident alien pursuant to its provisions will not be charged
to any numercial limitation, provided they were physically present
2. Parole of refugees
in the United States on or before the effective date of the Immigration
A new paragraph (9) is added to section 212(d) of the Immigration
and Nationality Act Amendments of 1973. At present, refugees who
and Nationality Act, providing specific authority for the parole of
adjust their status to that of permanent resident alien, pursuant to
alien refugees by the Attorney General. Subparagraph (9) is in addi-
the Act of Nov. 2, 1966, are classified as "special immigrants" under
tion to subparagraph (5) of section 212(d), retained from the present
the terms of the Immigration and Nationality Act (sec. (27)
law, which authorizes the Attorney General, at his discretion, to
and as such are chargeable to the 120,000 annual ceiling on Western
temporarily parole in aliens "for emergent reasons or for reasons
Hemisphere immigration (Act of Oct. 3, 1965, sec. 21(e)).
deemed strictly in the public interest." Consequently, section 212(d)
(5) is restored to its original purpose and intent, that is, the admission
SECTION 9
of aliens in emergent, individual and isolated situations.
Section 212(d)(9) provides that the Secretary of State, if he finds
This section makes technical and conforming changes in the Im-
it in the national interest, may recommend to the Attorney General
migration and Nationality Act. Specifically, it deletes the classification
that groups or classes of individuals who qualify for conditional entry
of Western Hemisphere immigrants as "special immigrants" under
under the definition of "refugee" contained in section 203(a)(7) be
section 101(a)(27)(A) of that Act, as well as all cross-references to that
20
21
classification; and it repeals section 21(e) of the Act of Oct. 3, 1965
paragraph (A) of that section, by inserting as a new subparagraph (A)
(P.L. 89-236; 79 Stat. 921), which is rendered obsolete by section 3
a broadened definition of "immediate relative," and by inserting as a
of this Act.
new subparagraph (B) "native of any country contiguous to the
SECTION 10
United States" and the spouse or child of such an alien. The present
subparagraphs (B), (C), (D), and (E), would be redesignated (C)
Section 10(a) contains a savings clause aimed at preserving the
through (F). The Department has no objection to the inclusion of
entitlement to immigrant status and order of consideration of aliens
unmarried sons and daughters of United States citizens in the class of
from the Eastern Hemisphere who have filed a petition with the
close relatives whose immigration is not numerically limited.
Attorney General prior to the effective date of this legislation. Sec-
The Department also favors defining as "special immigrants" only
tion 10(b) provides that Western Hemisphere aliens who filed prior
those classes of aliens whose immigration is not numerically limited and
to the effective date of this legislation are deemed entitled to non-
including in the definition all such classes of aliens. In this connection,
preference immigrant status under section 203(a)(8), and accorded
it is noted that in section 5 of this bill the proposed new section 203 (a)
their previously established priority date. They are further entitled,
(6) would include a proviso according "special immigrant" status
if eligible, to preference status under section 203(a) of the Immigra-
derivatively to an alien who is the spouse or child of an alien classified
tion and Nationality Act, as amended by section 5 of this Act. The
under section (a) (27) (A) and who is not otherwise entitled to an
numerical limitation to which such aliens are to be charged will be
immigrant classification and to immediate visa issuance.
determined by sections 201 and 202 of the Immigration and Nation-
The Department supports this proposal, but believes that, for pur-
ality Act, as amended by this Act.
poses of clarity, it would be preferable to incorporate the provision into
proposed section (27) (A) itself rather than to have it appear in a
SECTION 11
section which otherwise treats the classification of aliens whose immi-
gration is numerically limited.
The effective date of this legislation is established, which is on the
Because of the special relationships which exist between the United
first day of the first month after the expiration of 60 days following
States and those countries (Canada and Mexico) which are con-
the date of enactment.
tiguous to us, the Department favors special provisions for immigration
ESTIMATE OF COST
from those two countries. On the other hand, the Department believes
Pursuant to the requirements of clause 7 of Rule XIII of the Rules
that a total exemption from all numerical limitations is inconsistent
of the House of Representatives, the Committee estimates that the
with our general immigration policy and that it could well have un-
execution of the provisions of this bill will result in an increased
desirable foreign policy implications vis-a-vis other countries. The
Federal cost of $1,368,000 for each fiscal year following enactment of
Department would, therefore, propose a separate numerical limitation
of 35,000 on immigration from each contiguous country. The Depart-
this Act.
ment would further recommend that the preference system, whatever
COMMITTEE RECOMMENDATION
form it may take, be applied to these limitations. If such a limitation
The Committee, after careful and detailed consideration of all the
were to be imposed, the Department would then recommend that
facts and circumstances involved in this legislation, is of the opinion
natives of contiguous territory not be included among the classes of
that this bill should be enacted and accordingly recommends that
aliens defined as "special immigrants" and that the special provision
relating to these two countries be included in section 201.
H.R. 981, as amended, do pass.
If it is determined that no numerical limitation should be imposed
DEPARTMENTAL REPORTS
upon immigration from Canada and Mexico the Department would
suggest that the proposed subparagraph of section (27) be
Two separate reports have been submitted from the Acting Assistant
designated (F) rather than (B) in order to avoid the procedural diffi-
Secretary for Congressional Relations, Department of State. These
culties connected with the redesignation of present subparagraphs (B)
reports which are based on the provisions of H.R. 981, as introduced,
through (E).
are as follows:
Section 2 would amend section 201 of the Act to establish a single
DEPARTMENT OF STATE,
worldwide numerical limitation of 250,000 for all countries and other
Washington, D.C., March 29, 1973.
territories except Canada and Mexico. Because section 5 of the bill,
Hon. PETER W. RODINO, Jr.,
which is discussed in detail below, would significantly amend the
Chairman, Committee on the Judiciary,
preference system now applicable to the Eastern Hemisphere and
House of Representatives
would apply that amended system to the Western Hemisphere as well,
DEAR MR. CHAIRMAN: Secretary Rogers has asked me to reply to
the Department would favor retaining separate hemispheric limita-
your letter of February 8, 1973, enclosing for the Department's study
tions, at least until the effect of imposing a preference system on the
and report a copy of H.R. 981, "A bill to amend the Immigration and
Western Hemisphere can be observed and evaluated. The Depart-
Nationality Act, and for other purposes."
ment is, however, in favor of establishing a preference system for the
Section 1 of the bill would amend the definition of "special immi-
Western Hemisphere in order that such an evaluation can be made.
grant" contained in section 101(a)(27) by deleting the present sub-
22
23
We would suggest that the proposed 250,000 world-wide numerical
Married brothers and sisters of United States citizens, who are pres-
limitation be divided between the two hemispheres: the Eastern
ently included in the fifth preference category, would not be included
Hemisphere to retain its current 170,000 limitation and the remaining
in this or any other proposed preference category. The Department
80,000 to be established as the limitation for the Western Hemisphere
recognizes that the inclusion of married siblings in a preference cate-
less Mexico and Canada.
gory can lead to a continual broadening of demand in that category
It is also noted that no quarterly limitation on visa issuance is
and is, therefore, sympathetic to this amendment. It should be pointed
provided in the revised section 201. This limitation has been helpful
out, however, that distinguishing between siblings on a basis as
in providing a statutory basis for the issuance of visas on an equal
transitory as marital status could lead to fraud.
monthly basis.
While the Department supports, of course, the concept of preferen-
Section 3 would amend section 202(a) of the Act to increase the
tial treatment for close relatives of United States citizens and per-
annual foreign state limitation from 20,000 to 25,000 and would have
manent residents, we believe that the establishment of a single
the effect of extending this limitation to all countries of the Western
preference category for all such aliens would create difficulties.
Hemisphere except Canada and Mexico. While we favor the establish-
Although accurate data are not available concerning the numbers of
ment of a foreign state limitation for countries of the Western Hemi-
Western Hemisphere-born aliens who might seek this proposed first
sphere, we do not favor the proposed increase from 20,000 to 25,000.
preference classification, indications are that there would be a heavy
It appears that such an increase would serve to increase immigration
demand upon the available numbers. Such a demand, together with a
by natives of those countries already receiving the greatest number of
level of demand by Eastern Hemisphere-born aliens equal to that of
immigrant visas, thereby reducing the amount of visa numbers avail-
the last several years, could well cause this category to become over-
able to natives of other countries.
subscribed. Should this occur, all first preference aliens would face
Section 4 would amend section 202(c) to increase from 1 percent to
an equal waiting period, without regard to the nature of their respec-
3 percent the percentage of the foreign state limitation available to
tive relationships. The Department believes that this would be an
a dependent area. This would have the effect of raising the amount of
undesirable result and therefore recommends that separate preference
visa numbers available to dependent areas from 200 to 750 per annum.
categories be retained for distinct classes of relatives.
The Department supports the objective of this amendment, but wishes
(2) It would raise the present third preference category (members
to point out that, as long as immigration from dependent areas is
of the professions, scientists and artists) to second preference and
charged to the numerical limitation of the governing country, such
would reserve 25 percent (62,500) of the numerical limitation for this
an amendment might be prejudicial to immigrants who are natives of
category. It would, in addition, add two provisos; the first, that no
Great Britain, which has 25 dependencies of which 10 are oversub-
more than 10 percent of the second preference visas per year could be
scribed. It would therefore appear that this amendment would permit
made available to natives of any single foreign state; the second that
British dependencies to take from 7,500 to 9,000 (with a possible
no alien qualified for second preference would be entitled to third or
potential of 18,750) numbers annually from the 25,000 limitation for
fourth preference (see discussion of these two categories below) or to
Great Britain generally.
nonpreference.
The Department would therefore recommend that, instead of
It is extremely difficult to foresee the effect of this change, especially
charging dependent area immigrants to the governing country's foreign
as the entire pattern of issuance of visas to members of the professions
state limitation, the numerical limitation for each dependent area to
would be modified by the revision of the preference system. The
be established within the hemispheric ceiling for the hemisphere in
Philippines, for example, whose nationals presently receive over 50
which the dependent area is located. This would avoid penalizing
percent of the third preference immigrant visas issued would ap-
those few countries which still have dependent areas. It would, how-
parently be directly affected by the 10 percent limitation. It is possible,
ever, place an additional strain on the Western Hemisphere limitation
however, that Philippine relatives entitled to the proposed first
since most of the dependent areas are located in this hemisphere.
preference classification might use so much of the proposed 25,000
Section 5 would revise the preference system in the following ways:
foreign state limitation that philippine second preference applicants
(1) It would combine several present preference categories based on
could not be issued as many as 6,250 immigrant visas in any event,
relationship into a new first preference category, for which 25%, or
rendering the proviso unnecessary for this purpose. On the basis of
62,500 immigrant visas, would be reserved. The present equivalent
recent immigration patterns, it would not appear that the 10%
categories are: second preference (spouses, unmarried sons and
limitation would be reached for most other countries.
daughters of permanent residents); fourth preference (married sons
The practical effect of the second proviso is equally difficult to
and daughters of United States citizens) and that portion of the pres-
foresee. Currently an alien entitled to third preference classification
ent fifth preference category consisting of unmarried brothers and sis-
may seek sixth preference classification also if he is able to obtain
ters of United States citizens.
prearranged employment in this country. He may also be considered
In addition, this proposed preference category would include the
for issuance of a nonpreference visa, either with or without pre-
parents of a permanent resident at least twenty-one years of age. The
arranged employment. The second proposed proviso would prevent
Department strongly supports the principle of according a preference
such an alien from seeking the new third preference classification on
status to the parents of an adult permanent resident.
the basis of prearranged employment or from being documented as
24
25
a nonpreference applicant. While it cannot be predicted what, if any,
for the 18,750 plus visa numbers available to nonpreference applicants
effect this proviso would have from an operational standpoint, it
generally, i.e., aliens seeking to perform unskilled labor for whom offers
appears contradictory not to allow an alien who possesses qualifica-
of employment had been certified by the Department of Labor, and
tions needed in this country possibly to expedite his immigration by
aliens registered on third or fourth preference waiting lists whenever
arranging for specific employment here.
those categories became oversubscribed. This would be the case
In connection with the second proviso to proposed section 203(a)(2),
because a preference category would be provided for all other classes
it is presumed that the phrase "qualified for admission" in line 11 of
of aliens who, under the present preference system, can qualify only
page 4 is intended to refer only to beneficiaries of approved petitions
for nonpreference.
under this new second preference rather than to all aliens potentially
The Department believes that setting aside one-fourth of the
eligible for second preference status.
available nonpreference numbers for aliens under 25 who would not
(3) It would reserve 25 percent (62,500 visas) of the numerical
be required to meet the requirement of section 212(a)(14) might
limitation, plus visa numbers not required by higher preferences,
create procedural problems. In the first place, because of the provision
for a new third preference category consisting of skilled workers in
for "fall-down" to the nonpreference category, the exact number to be
whose occupational field there is a shortage of employable and willing
set aside for this specific purpose in any fiscal year would not be
persons in the United States. Since it appears that an unskilled worker
specifically determinable until after the fiscal year had ended. Further,
with certified prearranged employment would be entitled to non-
the elimination of section 212(a)(14) as an applicable ground of
preference classification under proposed section 203(a)(5), the De-
ineligibility would also eliminate it as a qualifying test, which function
partment perceives no objection to treating skilled and unskilled
it serves elsewhere throughout the sytem. A different test would have
workers separately.
to be established for qualification under this provision. Also, since it
(4) It would establish a new forth preference category for which
would be provided that section 212(a)(14) would be inapplicable to
15 percent (37,500) of the numerical limitation, plus visa numbers
eligible aliens, it may be anticipated that even aliens who could qualify
not required by higher preferences, would be reserved for the following
under that section would seek to make use of this provision simply
classes of aliens:
because of the eased requirement.
(a) Religious workers who had been engaged in such work for
It is thus foreseeable that this proposed category will become over-
two years and who were coming to perform such tasks for a
subscribed and that a waiting period for issuance of an immigrant visa
bona fide religious organization;
will thereby result. Should this occur, there may well be cases in which
(b) Aliens who do not intend, or need, to seek employment in
the alien is under 25 when he initiates his application, but will have
the United States; and
reached that age before final action can be taken in his case. This not
(c) Aliens seeking to invest a substantial portion of the capital,
only would disappoint and inconvenience the alien but would also
commodities, services, patents, processes or techniques in an
complicate the administration of this section.
agricultural or commercial enterprise in this country.
Finally, aliens applying under this provision could well face diffi-
A petition would be required for the religious workers, whereas
culties in meeting the requirements of section 212(a) public
the other two classes would presumably acquire fourth preference
charge provision-at the time of visa application.
status simply by presentation of appropriate evidence to a consular
For these reasons, the Department is opposed to the enactment of
officer and without the submission of a petition. While the Depart-
such a proviso.
ment favors the petition requirement for religious workers, we feel
In summary, the Department believes that (1) the present system
that it is unwise to include in a single preference category a class of
of separate hemispheric limitations should be retained; (2) certain
aliens for whom a petition is required with two classes for whom no
adjustments should be made in the present order and definition of
such requirement exists.
preferences; (3) the preference system and foreign state limitations
The Department believes it would be preferable to expand the
should be applied to countries of the Western Hemisphere other than
definition of present section (a) (27) (D) to include these religious
Canada and Mexico; and (4) special provision outside the hemispheric
workers as well as "ministers of religion" and to require approval of
limitations should be made for Canada and Mexico. This view results
a petition for classification under this expanded section 101 (a) (27) (D).
from our observation of several unintended side-effects of the revision
In addition, it is noted that proposed section (4) (C) refers
of the preference system in 1965 and our belief that, because some of
to the investment of commodities, services, patents, processes or
the 1965 amendments did not come into force until mid-1968, there
techniques, as well as the investment of capital. It is our opinion that
has not yet been a sufficient opportunity to fully evaluate all of their
such a provision is too broad and would be very difficult to administer,
effects. For this reason, we feel that it would not be desirable to
and we would thus recommend that any such provision be restricted
undertake more major revisions than these at this time.
to the investment of capital or patents only.
Finally, section 5 would make technical amendments to sections
(5) It would reserve the remaining 10%, plus any visa numbers not
203(b), (c), and (d), to conform to the revised preference system, and
required by the preference categories, for nonpreference applicants.
would omit present sections 203(f), (g), and (h) relating to refugees,
Of the total available to nonpreference applicants, one-fourth would
for whom this bill would make other provision. It should be noted
be set aside for use by aliens under twenty-five years of age and such
that, in section 203(c), the language "visas shall be made available"
aliens would not be subject to the provisions of section 212(a)(14) of
in a specified order is preferable to "visas shall be issued," since we
the Act. It would appear that two classes of aliens would compete
H. Rept. 93-461
26
27
have no control over the order in which aliens who have been invited
Section 10 would amend section 212(g) to add ineligibility because
to apply for visas will actually come forward to do so.
of affliction with a psychopathic personality, sexual deviation or a
Section 6 would amend section 204(a) to conform to the revised
mental defect to those grounds for which that section provides relief
preference system and would also add to that section a provision
in certain cases. Since this proposed amendment involves a granting of
allowing an alien to seek the proposed third preference status without
relief from ineligibility on medical grounds, the Department will
an offer of employment, on the basis of a determination by the Secre-
defer to the comments of the United States Public Health Service.
tary of Labor that there was a shortage of workers in the United
Section 11 would repeal section 21 of the Act of October 3, 1965
States qualified in the occupation in which the alien was qualified.
which would be superseded by sections 1, 2, and 5 of this bill.
The Department will defer to the comments of the Departments of
The Department wishes to point out that there are certain classes
Labor and Justice with respect to this proposal, but questions whether
of Western Hemisphere-born aliens now entitled to immigrant clas-
it is appropriate to consider such a proposal at this time.
sification who would no longer be SO entitled under this bill-the
In the absence of an employer requirement for this preference
parents of minor United States citizens and of minor permanent
category, the certification required under section 212(a)(14) could be
resident aliens. Many such aliens have already made their entitlement
made only on the basis of a finding by the Secretary of Labor that
to classification a matter of record and are registered on consular wait-
there was a general shortage in the United States of workers possessing
ing lists. The Department therefore recommends that provision be
the skills possessed by an alien who filed a petition in his own behalf.
made for preserving such entitlement for aliens who had been regis-
Since no such findings are presently in effect, skilled workers must
tered on a waiting list by a consular officer prior to the effective date
seek prearranged employment in order to apply for labor certification.
of this bill. This could be accomplished by including in the bill a
Thus, at the present time, such a provision would serve no useful
provision under which any such alien would be deemed to be entitled
purpose.
to nonpreference status under proposed section as of the
In addition, when the economic situation in the United States
date he established his entitlement to immigrant classification.
becomes such that such findings would be warranted in one or more
The Office of Management and Budget advises that from the
skilled occupations, aliens who acquired this status on that basis
standpoint of the Administration's program there is no objection to
would remain subject to loss of status, as a class, should a further
the submission of this report.
change in economic conditions warrant the withdrawal of one or
Sincerely yours,
more of the findings.
MARSHALL WRIGHT,
Section 6 would also amend section 204(b) to provide for the trans-
Acting Assistant Secretary for Congressional Relations.
mission of approved petitions directly to the consular office at which
the alien will apply for a visa. The Department favors this proposal.
Finally, this section would make technical amendments to section
DEPARTMENT OF STATE,
204 (b) and (c), would delete section 204(d) and would make technical
Washington, D.C., April 3, 1973.
amendments to section 204 and redesignate it as section 204(d).
Hon. PETER W. RODINO, Jr.,
Section 7 would amend section 211 by adding a new subsection (c)
Chairman, Committee on the Judiciary,
similar in effect to that which existed prior to the Act of October 3,
House of Representatives, Washington, D.C.
1965. It would provide statutory authority for the admission of an
DEAR MR. CHAIRMAN: In my letter of March 29, 1973, concerning
alien who was determined, at the time of application for admission
H.R. 981, I stated that the Department would submit separately its
as an immigrant, to be inadmissible because he had been charged to
comments on section 9 of the bill which deals with the admission of
the wrong foreign state, or had been accorded a special immigrant or
refugees into the United States. I am pleased to submit at this time
preference status to which he was not entitled. The alien's admission
the Department's comments on this section.
would be conditioned on a finding that he neither knew of nor could
Section 9 of the bill would amend section 212(d)(5) of the Act to
reasonably have ascertained the defect. The Department will defer to
redesignate the present text as subparagraph (A) thereof and to add
the comments of the Department of Justice, but feels that such a
as subparagraphs (B) through (F) thereof provisions for the parole
provision is both equitable and appropriate.
of alien refugees into the United States and for the granting of perma-
Section 8 would amend the second sentence of section 212(a)(14),
nent resident status to such aliens after two years. Proposed subpara-
regarding the classes of aliens to whom the provisions of that section
graphs 203(g) and 203(h) and would be the only provisions
shall be applicable, to conform with the changes in the preference
in the Act for the admission of alien refugees.
system. It should be noted that there is an apparent conflict between
The proposed changes would have three principal effects. First,
this proposed amendment and the proviso to the proposed new section
they would clarify the use of the parole authority with respect to
203 (5) which provides that certain aliens classifiable under section
refugees. The present authority for parole in section does
203(a)( (5) shall not be subject to the provisions of section 212(a) (14).
not specifically mention refugees, and it is couched in terms of indi-
Section 9 of the bill would establish a new procedure under which all
viduals. The appropriateness of its use for classes of individuals has
refugees admitted to the United States would be processed under a
been a troublesome issue. The Department welcomes legislation
parole procedure provided in an amended form of present section
dealing explicitly with the parole of refugees, and designed to make it
212(d)(5). The Department will submit comments on this provision
clear that the parole authority may be exercised in favor of classes of
separately.
refugees as well as in individual cases.
28
29
We are not certain, however, that the bill clearly accomplished the
impossible for an alien to seek parole while still physically present in a
latter objective. Proposed sections 212(d)(5)(B) through (F) are
Communist, Communist dominated or Communist occupied country.
phrased SO as to apply to individual aliens whose cases would be
Had such a provision existed in 1956, the United States would have
examined and judged on their individual merits. On the other hand,
been unable to assist the numerous Hungarian Freedom Fighters who
both the requirement of subparagraph (B) for consultation between
fled to Yugoslavia rather than to Australia.
the Attorney General and the Secretary of State and the provision
The Office of Management and Budget advises that from the stand-
in subparagraph (D) for Congressional review of the Attorney Gen-
point of the Administration's program there is no objection to the
eral's exercise of the parole authority appear to be designed to operate
submission of this report.
in terms of classes of alien refugees-as, for example, the Hungarian
Sincerely yours,
refugees of 1956-rather than with respect to individual cases. We
MARSALL WRIGHT,
foresee that this dichotomy could complicate the administration of
Acting Assistant Secretary for Congressional Relations.
this proposed section.
The second principal effect of this proposal would be to facilitate
A formal report on H.R. 981 has not been received from the Depart-
the acquisition of permanent resident status be refugees paroled into
ment of Justice. However, the views of the Department of Justice on
the United States by providing for their acquisition of permanent
H.R. 981 as introduced are contained in the prepared statement of
resident status after two years' physical presence in the United States
the Honorable James D. (Mike) McKevitt, Assistant Attorney
without numerical limitation. The Department believes that the
General, Office of Legislative Affairs, which was submitted to the
limitations on immigration should not affect the ability of such aliens
Subcommittee on Immigration, Citizenship, and International Law
to acquire permanent resident status both because the general
on April 12, 1973. This statement is as follows:
system of numerically limited immigration does not lend itself well
to the needs of refugees and because normal immigration could be
STATEMENT OF MIKE MCKEVITT, ASSISTANT ATTORNEY GENERAL,
disrupted by applications for permanent residence by a large number
OFFICE OF LEGISLATIVE AFFAIRS
of refugees. Accordingly, the Department favors this concept as
embodied in section 9 of the bill.
Mr. Chairman, it is a pleasure to return to Subcommittee Number
Thirdly, enactment of this proposal would establish the parole
One to present the views of the Department of Justice on H.R. 981,
procedure as the sole mechanism for admission of refugees as such,
a bill "To amend the Immigration and Nationality Act, and for other
and, would end the present procedure for conditional entry and ad-
purposes."
justment of status of refugees under present section of the
Because this is comprehensive legislation, proposing many changes
Act. The Department believes, however, that a provision such as
in the immigration and nationality laws, I will discuss each section of
section 203(a)(7) also serves a useful purpose in that it provides a
the bill separately.
known, regular and orderly means of allowing the United States to
Section 1 amends section (27) of the Immigration and Nation-
provide haven to refugees who have fled situations which they find
ality Act, 8 U.S.C. 1101 (a) by redefining the categories of aliens
intolerable. There is a continuous flow of such persons out of, for
to be included within the classification of "special immigrant" under
example, the countries of Eastern Europe and the existence of a fixed
subsections (A) and (B).
allocation of visa numbers for refugees serves as a permanent visible
Subsection (A), as amended, would embrace an immigrant who is
indication of United States concern for such persons. On the other
the spouse, unmarried son or daughter, or parent of a citizen of the
hand, proposed sections 212(d)(5)(B) through (F) would enable this
United States provided that in the case of the parent, the citizen
country to respond to sudden emergency situations such as the
must be at least twenty-one years of age. By this amendment, "imme-
Hungarian Revolution of 1956.
diate relatives" defined under existing law in section 201(b) of the
As a technical matter, the Department would prefer that the words
Immigration and Nationality Act, 8 U.S.C. 1151(b), and the unmar-
"fled or shall flee from" appearing in lines 5 and 10 of page 12 of the
ried sons and daughters of United States citizens presently accorded
bill be changed to read "left or shall leave." Also, it would appear
first preference classification in section 203(a)(1) of the Act, 8 U.S.C.
that the word "therefore" in line 7 of page 13 should be changed to
1153(a)(1), are made "special immigrants".
read "theretofore".
Subsection (B), as amended, would encompass an immigrant who
The Department, while it supports the concept of continuing to
is a native of any contiguous country and his accompanying or fol-
accord refugee status to victims of catastrophic natural calamity,
lowing to join spouse and children. Thus, with the foregoing exception,
believes that the word "unwilling" which appears at line 15 on page
all natives of Western Hemisphere countries and the Canal Zone who
12 of the bill should be changed to read "unable".
are included under existing law in the classification of "special immi-
Finally, the Department would prefer that the provision for con-
grant" would be removed from this category. They are provided for
sultation by the Attorney General with the Secretary of State be
in section 2 of the bill. Under the bill any native of Canada and Mexico
modified to allow for a recommendation by the Secretary of State to
and his accompanying or following to join spouse and children would
the Attorney General as well as consultation. This would confirm the
not be subject to any numerical limitation.
Secretary's authority to take the initiative in an emergent refugee
Present sections 101(a)(27) (B), (C), (D) and (E) are redesignated
situation. Also the Department believes that proposed subparagraph
as (C), (D), (E) and (F).
(B) should also be modified to eliminate the restriction making it
30
31
We perceive no objection to the redesignating of immediate relatives
which may be allocated to each of the four preferences, exempts
as special immigrants and we support the broadening of this category
nonpreference immigrants, who are under the age of twenty-five,
to include unmarried sons and daughters of United States citizens.
from the labor certification requirement and gives them a priority of
It is also appropriate to remove from the special immigrant category
25 percent in the issuance of nonpreference immigrant visas.
Western Hemisphere immigrants who are no longer exempt from
The First Preference.Spouses and unmarried sons or daughters
numerical limitations.
or parents of lawful permanent resident aliens, provided that in the
Section 2 of the bill amends section 201 of the Immigration and
case of a parent such alien lawfully admitted for permanent residence
Nationality Act, 8 U.S.C. 1151, by establishing a world-wide numer-
must be at least twenty-one years of age; married sons or daughters
ical limitation on the number of aliens who may be issued immigrant
of United States citizens; and unmarried brothers or sisters of United
visas at 250,000 exclusive of "special immigrants."
States citizens. (25 percent)
Under existing law section 201 of the Act provides for a limitation
The Second Preference.-Qualified immigrants who are members
of 170,000 in the issuance of immigrant visas to natives of the Eastern
of the professions, or who because of their exceptional ability in the
Hemisphere and section 21(e) of the Act of October 3, 1965, 79 Stat.
sciences or arts will substantially benefit prospectively the national
911, provides for a numerical limitation of 120,000 for the Western
economy, cultural interests, or welfare of the United States. Com-
Hemisphere. These numbers are exclusive of special immigrants and
mencing July 1, 1973 the total number of such immigrant visas made
immediate relatives.
available to natives of any single foreign state cannot exceed 10
Whether a single world-wide numerical limitation is desirable is a
percent in any fiscal year. Also, persons qualified for admission under
matter which lies within the expertise of the Department of State.
this paragraph are ineligible for any other preference or priority
Section 3 of H.R. 981 amends section 202(a) of the Act, 8 U.S.C.
except by reason of relationship to a United States citizen or to an
1152(a), by providing for an annual limitation on immigrant visas
alien lawfully admitted to the United States for permanent residence
which may be issued to natives of any single foreign state to 25,000.
or as a nonpreference immigrant. (25 percent) There is no fall-down
This limitation relates to natives of both hemispheres except natives
from the first preference to the second preference.
of contiguous countries.
The Third Preference.-Qualified immigrants who are capable of
Under existing law the annual issuance of immigrant visas to
performing specified skilled labor, not of a temporary or seasonal
natives of any single foreign country in the Eastern Hemisphere,
nature, for which a shortage of employable and willing persons exists
exclusive of special i nmigrants and immediate relatives, is limited to
in the United States. (25 percent) There is an additional fall-down
20,000. The present law does not impose any limit on the number of
from the first two preferences to this preference classification.
natives of any independent country of the Western Hemisphere who
The Fourth Preference.-Without any priority among these classes,
may be issued immigrant visas. There is, however, an overall Western
this new fourth preference classification may be granted to certain
Hemisphere limitation of 120,000.
employees of religious denominations, aliens who establish that they
If a world-wide numerical limitation is to be established as provided
will not seek employment in this country, and investors in commercial
in section 2 of this bill, it is appropriate that there likewise be estab-
or agricultural enterprises. (15 percent) There is an additional fall-
lished an annual limitation on immigrant visas issued to natives of
down from the first three preferences to this preference category.
any single country which should be applied to the Western Hemis-
With respect to the investors who would be granted a fourth pre-
phere as well as the Eastern Hemisphere. What the number should be
ference, it is noted that the language of proposed section
is a matter of legislative policy.
does not require a substantial investment but merely that the invest-
Section 4 of the bill amends section 202(c) of the Act, 8 U.S.C.
ment made by the alien comprise a "substantial portion of the capital,
1152(c), by increasing the number of visas which may be issued to
commodities, services, patents, processes or techniques invested in such
immigrants born in dependent areas of foreign states (colony, compo-
enterprise". Thus if the total capitalization of the enterprise is $1,000
nent, etc.) from one percent to three percent of the maximum number
and the alien invested $600, he could be deemed to qualify. Also, it
of immigrant visas available to each foreign state.
would be most difficult to assess whether the "services, patents, pro-
An increase in the number of immigrant visas which may be made
cesses or techniques invested" by the alien comprise a "substantial
available to natives of dependent areas is desirable. Whether the
portion" qualifying the alien for the preference. It would appear that
number should be increased to three percent of the maximum number
every sole investor of capital, commodities, services, patents, processes
of immigrant visas available to each foreign state and whether the
or techniques would qualify no matter how small the investment, since
numbers should be charged against a foreign state limitation of the
if he is supplying 100 percent of the investment he would meet the
governing state is a matter which lies within the expertise of the De-
statutory requirement of investing "a substantial portion".
partment of State.
The Committee may wish to consider substituting the following
As technical matters, on line 25 of page 2, "(8 U.S.C. 152)" should
language for the language in proposed section 203(a)(4)(C "aliens
undoubtedly read "(8 U.S.C. 1152)" and on line 3 of page 3, "section
seeking to enter the United States for the purpose of engaging in a
(27)" should read "section (27)".
commercial or agricultural enterprise in which they have invested or
Section 5 of H.R. 981 amends section 203 of the Act, 8 U.S.C.
actively in the process of investing capital totalling at least $10,000 and
1153, by completely revising the preference categories. It sets up four
who establish that they have had at least one year's experience or
preference categories within the annual numerical limitation of 250,000
training qualifying them to engage in such enterprise."
on visa issuance and specifies the percentage of those 250,000 visas
32
33
Visas left unused by the four new preference categories would
aliens. However, the bill makes significant change in existing law by
descend to the nonpreference category. Whereas existing law permits
permitting the skilled laborer claiming a status under the proposed
100 percent of the visas to be allocated to the preference categories,
third preference category to file a visa petition on his own behalf. It
this bill allocates a maximum of 90 percent of the 250,000 visas to the
is believed that this would add tremendously to the administrative
four preference categories, reserving at least 10 percent for the non-
difficulties implicit in applying the law, since many thousands of
preference category. Within the nonpreference category, a priority of
aliens would be motivated to file visa petitions on their own behalf
up to 25 percent of the available immigrant visas is given to qualified
in the hope that they might qualify for the proposed third preference
immigrants who are under twenty-five years of age at the time of
status. The Department of Justice believes that such aliens should be
application for a visa and for admission to the United States and such
qualified immigrants within this priority are exempt from the labor
required to be petitioned for by a definite employer. Otherwise there
appears to be little basis upon which the Department may determine
certification requirement of section 212(a)(14) of the Act, 8 U.S.C.
the skill of a worker abroad.
1182(a)(14).
As technical matters, on line 16 of page 8, the word "preference" is
The proposed section 203(a)(6) provides that an accompanying
misspelled and on line 8 of page 9, the word "or" should be substituted
spouse or child (other than an orphan as defined in section
for "and" after "(3)".
(F) of the Act, 8 U.S.C. 1101(b)(1)(F)), shall be entitled to the prefer-
Section 7 of the bill amends section 211 of the Act, 8 U.S.C. 1181,
ence or nonpreference classification of the spouse or parent or to be
by making provision for the admission, in the discretion of the
classified as a special immigrant, if a visa is not otherwise available.
Attorney General, of an immigrant without regard to the numerical
Other conforming changes are made in section 203.
limitation, where the immigrant is inadmissible solely because he was
The Department of Justice defers to the expertise of the Department
not entitled to the visa classification exempting him from the numer-
of State on the problem of preferences and visa allocation. However,
ical limitation on visa issuance or the preference classification specified
the Committee may wish to consider the enactment of a savings clause
in the immigrant visa presented at the time of application for admis-
to protect those beneficiaries of the present sixth preference petitions
sion, or because he was not charged to the proper foreign state in
who may not qualify for an occupational preference under the pro-
such visa. Such an immigrant is also exempted from the requirement
posed new preference system (e.g. unskilled workers) and to protect
the classification of married brothers or sisters of United States citi-
of presenting a labor certification.
The current law makes no provision for the admission of such
zens. The Committee may also wish to consider enactment of a savings
clause for those admitted to this country as "conditional entrants"
immigrants. However, section 13(d) of the Immigration Act of 1924,
prior to the effective date of the bill, if enacted, SO that they will be
43 Stat. 153, did contain a prototype of the instant provision. Also as
able to perfect their status in the United States in fulfillment of their
originally enacted, section 211(c) of the Immigration and Nationality
Act of 1952 contained a similar provision. However, this provision
expectations at the time of arrival.
As a technical matter, on line 16 of page 6, the word "is" should be
was repealed by section 9 of the Act of October 3, 1965, 79 Stat. 911.
This provision would apply only to an alien who has an immigrant
changed to "if".
Section 6 of H.R. 981 amends section 204 of the Act, 8 U.S.C. 1154,
visa containing a technical defect through no fault of his own. The
by redefining who may petition to accord a special immigrant or
experience under former section 211(c) and its prececessor, section
preference classification upon an alien; eliminates the requirement
13(d) of the Immigration Act of 1924, emphasizes the need for discre-
that the petition be executed under oath; and deletes the requirement
tionary authority to deal with the cases of worthy immigrants in a
for reports to Congress on approved petitions according an occupa-
humanitarian manner. The Department of Justice favors the enact-
ment of this section.
tional preference to the beneficiary.
Similar to the current law, provision is made for a United States
Section 8 of H.R. 981 amends section 212(a)(14) of the Act, 8
citizen or lawful permanent resident to file a petition when seeking
U.S.C. 1182(a)(14), to make its provisions conform with the other
to confer special immigrant or preference classification upon an alien
amendments proposed by the bill.
on the basis of a prescribed relationship. However, the bill would
Thus, the proposed legislation would make the labor certification
also permit an alien to file a petition in his own behalf, as well as any
requirements of section 212(a)(14) applicable to immigrants who are
other person on behalf of such alien, if he is seeking a second or third
members of the professions and aliens who have exceptional ability
in the arts or sciences, immigrants who by training or experience are
preference classification based upon his occupation. Furthermore,
any person, institution, or organization would be permitted to file
capable of performing skilled labor "not of a seasonal or temporary
a fourth preference petition on behalf of an alien who is coming to the
nature" and nonpreference aliens, except for those aliens who are
under twenty-five years of age at time of application for visa and
United States to perform religious work.
admission to the United States, and to immigrant natives of contiguous
Under current law, the only aliens who may file visa petitions on
countries who, if they were chargeable to the numerical limitation,
their own behalf are those who are members of the professions or
who have exceptional ability in the arts or sciences.
would be eligible for admission as immigrants under the above
classifications.
The provisions of the bill permitting the professional immigrant to
This is a matter which lies within the expertise of the Department of
file a visa petition on his own behalf for a status under the proposed
Labor and the Department of Justice defers to that Department in
second preference are similar to the comparable provisions of existing
this matter.
law with respect to the present similar third preference category of
34
35
As a technical matter, line 2 on page 11 of the bill should read
bers of homeless persons. This situation occurred during 1969 and 1970
"section (27)" instead of "section 101(2)(27)".
when the 10,200 annual conditional entries were inadequate to deal
Although section 9 of the bill would amend section 212(d)(5) of the
with the humanitarian needs of large numbers of Czechoslovakian
Act, 8 U.S.C. 1182(d)(5), the first subparagraph carries forward
refugees.
precisely the language of existing section 212(d)(5) concerning the
The section 212(d)(5) parole authority has also been used to admit
general authority of the Attorney General to parole aliens into the
as a humanitarian measure refugees who could not qualify as con-
United States.
ditional entrants under section (7). The most recent example of
Subparagraphs (B) and (C) would authorize the Attorney General
this situation occurred on September 30, 1972 when the Attorney Gen-
to parole alien refugees, not firmly resettled, into the United States if
eral authorized parole into the United States of up to 1000 stateless
the alien applies for parole while physically present in any country
Ugandan Asians who had been summarily stripped of their Ugandan
which is not Communist, Communist-dominated or Communist occu-
citizenship by the Ugandan government. Because the Ugandans were
pied. The term refugee is defined as one who has fled or shall flee from
not fleeing from the "general area of the Middle East" or a Communist-
and is unwilling to return to any Communist, Communist-dominated
dominated country, they were ineligible for section (7) condi-
country or Communist occupied area owing to a well-founded fear of
tional entry consideration.
being persecuted for reasons of race, religion, nationality, membership
The Committee may wish to give consideration to making some
of a particular social group or political opinion; or one who has fled or
changes in proposed subparagraph (C). It is believed that the "well-
shall flee from and is unwilling to return to any country owing to a
founded fear of being persecuted" should be limited by providing
well-founded fear of being persecuted by reason of race, religion,
that it be a "well-founded fear in the opinion of the Attorney Gen-
nationality, membership of a particular social group or political
eral." Failure to add "in the opinion of the Attorney General" would
opinion; or one who has been uprooted by natural calamity or military
make it extremely difficult to administer this section since it would
operations and who is unwilling to return to his usual place of abode.
be entirely subjective with the alien claiming refugee status whether
Mr. Chairman, the Department of Justice would welcome this
his fear of being persecuted was well-founded. It is also believed
statutory confirmation of the Attorney General's authority to parole
that the provision which would make a refugee of an alien uprooted
groups of alien refugees into the United States. Without in any way
by natural calamity or military operations and unwilling to return to
implying that the Attorney General does not presently have such
his usual place of abode is too broad. It is believed that the word
authority, candor does compel me to state that its existence has not
"unable" should be substituted for the word "unwilling", SO that only
always been clear.
those who cannot, rather than those who desire not to return to the
Attorneys General have used the parole authority contained in
usual place of abode, will be included within the ambit of the defini-
existing section to admit aliens for many purposes. For
tion. Because a refugee eligible under subparagraph (C)(i) would
example, aliens have been paroled into this country to receive medical
apparently also be eligible under subparagraph (C) (ii), the Committee
treatment, to prevent inhumane separation of families, and to enable
may wish to delete the (C) definition. Such a redundancy creates
entry for witnesses in judicial proceedings. Parole has been utilized
an ambiguity. The Department also recommends that the prohibition
in lieu of detention when the admissibility of an arriving alien cannot be
on parole applications from Communist-dominated countries in
immediately determined. Prior to 1965, the section 212 (5) parole
proposed subparagraph (B) be deleted. Had such a provision existed
authority was the sole means of assisting the entry of homeless
in 1956, it would have prevented assistance to Hungarian refugees
refugees. For example, more than 31,000 refugees from the 1956
who had fled to Yugoslavia rather than Austria.
Hungarian revolt have been paroled into the United States. In 1965
Subparagraph (D) requires the Attorney General to submit to Con-
the parole authority was used to benefit more than 15,000 Chinese
gress regular reports on the parole of alien refugees into the United
refugees then situated in Hong Kong.
States, with complete and detailed statements of facts in the case of
The 1962 amendments enacted section 203(a)(7) which authorized
each alien paroled. If either the Senate or House of Representatives
a limited number of conditional entries for aliens who (1) have fled
passes a resolution within 90 days following the submission of such a
from a Communist or Communist-dominated country or area or from
report, calling for the termination of this parole authority, the At-
any country within the general area of the Middle East and (2) are
torney General is required, within 60 days, to discontinue the paroling
unable or unwilling to return to such country on account of race,
of such refugees into the United States.
religion, or political opinion, and (3) are not nationals of the countries
The Department of Justice opposes subparagraph (D) for several
or areas in which their application for conditional entry is made.
reasons. First, in the context of this bill, the "One-House Veto" tech-
Section 203(a)(7) conditional entries are also available to persons
nique appears to be constitutionally defective in that it precludes the
uprooted by catastrophic natural calamity who are unable to return
President from exercising an essential aspect of his functions under
to their usual place of abode.
Article 1, § 7 of the Constitution-the authority to veto legislation
Because the 10,200 annual available conditional entries have been
passed by the Congress.
absorbed by the need to deal with refugees from many Eastern Hemi-
If enacted by both Houses and either approved by the President or
sphere Countries, the Attorney General, in consultation with the De-
passed by two-thirds of each House over the President's veto, sub-
partment of State, has resorted to the 212(d)(5) authority when con-
paragraph (B) would authorize the President to parole into the United
fronted with emergency situations requiring assistance to large num-
States certain refugees. Subparagraph (D), however, by authorizing
36
37
one House to terminate this authority, would abridge the constitution-
Section 11 repeals section 21 of the Act of October 3, 1965, 79 Stat.
ally-mandated legislative process and thereby deprive the President
911, which established the Select Commission on Western Hemisphere.
of his veto prerogative. Occasional statutes which utilize the one-
The life of the Commission has expired under the provisions of this
house veto mechanism, such as the Reorganization Act, 5 U.S.C. 901
section. Subsection (e), which prescribes a limitation on Western
et seq, and the compensation for Federal officials statutes, 2 U.S.C.
Hemisphere immigration, is the only subsection now effective and the
359 and 5 U.S.C. 5305, authorize Congressional review of a Presi-
new limitation on Western Hemisphere immigration, to be incor-
dential decision rather than the actual withdrawal of an Executive
porated into the Immigration and Nationality Act itself, would render
power. Such is the case with existing section 244(c)(3) of the Act,
that subsection obsolete.
which authorizes both Houses, through passage of a concurrent
Since this bill would make extensive changes in existing law, and
resolution, to disapprove of a decision by the Attorney General to
would affect many inchoate rights, I believe it essential that the bill
conduct certain deportation proceedings. Of course this disapproval,
include provisions for a delayed effective date and a savings clause.
which requires action by both Houses, does not terminate a power
We made a similar recommendation in connection with the bill
lawfully delegated to the Executive.
establishing sanctions for knowing employment of illegal aliens
Subparagraph (D) is also defective in that it fails to define the
(now H.R. 982), which was adopted by the Committee.
status of parolees admitted prior to the One-House termination of
the Attorney General's authority. The antecedent for "such refugees"
CHANGES IN EXISTING LAW
on line 3 of page 13 is ambiguous.
Subparagraphs (E) and (F) set out a procedure for converting the
In compliance with paragraph 2 of clause 3 of rule XIII of the
status of refugee parolees to that of permanent residents, notwith-
Rules of the House of Representatives, changes in existing law made
standing the numerical limitations specified elsewhere in the Act.
by the bill are shown as follows (new matter is printed in italic, matter
Such a parolee who has been in the United States for two years, whose
proposed to be omitted is printed in black brackets, existing law in
parole has not been terminated, and who has not acquired permanent
which no change is proposed is printed in roman).
residence, is to be returned to the custody of the Service and inspected
and examined for admission into the United States in accordance with
SECTION 101 (A) (15) (H) OF THE IMMIGRATION AND NATIONALITY ACT
the applicable provisions of the basic law. Any alien who is found upon
inspection or hearing to be admissible as an immigrant at the time of
(H) an alien having a residence in a foreign country which he has no
such inspection and examination, except for the fact that he is not in
intention of abandoning (i) who is of distinguished merit and ability
possession of the documents (visa and passport, etc.) ordinarily
and who is coming temporarily to the United States to perform serv-
required of immigrants, shall be regarded as lawfully admitted to the
ices of an exceptional nature requiring such merit and ability; or
United States for permanent residence as of the date of his arrival.
(ii) who is coming temporarily to the United States for a period not
By repealing the present section 203(a)(7) and confirming, in the
in excess of one year to perform [temporary] other services or labor
new section 212(d)(5), the Attorney General's authority to parole in
[, if unemployed persons capable of performing such service or labor
groups of refugees, the bill would replace the existing conditional-
cannot be found in this country] if the Secretary of Labor has deter-
entry-plus-parole method of admitting groups of refugees with a single
mined that there are not sufficient workers at the place to which the alien
legislatively-confirmed parole authority applicable to Western Hemis-
is destined to perform such services or labor who are able, willing, qualified,
phere as well as Eastern Hemisphere refugees. It would also eliminate
and available, and the employment of such aliens will not adversely
the section 203(a)(7)(A)(iiii) requirement that the conditional entries
affect the wages and working conditions of workers similarly employed:
be admitted from a third country. The explicit debarment of alien
Provided, That the Attorney General may, in his discretion, extend the
refugees who have been firmly resettled in third countries is favored
terms of such alien's admission for a period or periods not exceeding one
and will clarify legislative intent. See Rosenberg V. Yee Chien Woo, 402
year; or (iii) who is coming temporarily to the United States as a
U.S. 49 (1971).
trainee; and the alien spouse and minor children of any such alien
The present program relating to Cuban refugees presumably will
specified in this paragraph if accompanying him or following to join
not be affected by this legislation. The program for paroling Cuban
him.
refugees has been in effect for a number of years and has had specific
Congressional approval since the Act of November 2, 1966, 80 Stat.
SECTION (a) (27) OF THE IMMIGRATION AND NATIONALITY ACT
1161, authorizing adjustment of status for such refugees. Unless
Congress directs otherwise, the parole of Cuban refugees will continue
SEC. (27) The term "special immigrant" means—
["(A) an immigrant who was born in any independent foreign
as a separate program.
Section 10 of H.R. 981 amends section 212(g) of the Immigration
country of the Western Hemisphere or in the Canal Zone and the
and Nationality Act, 8 U.S.C. 1182(g), to permit the admission of
spouse and children of any such immigrant, if accompanying, or
aliens who are afflicted with psychopathic personality, sexual devia-
following to join him: Provided, That no immigrant visa shall
tion, or a mental defect if closely related to a permanent resident
be issued pursuant to this clause until the consular officer is in
alien or a United States citizen. This is a humanitarian measure and
receipt of a determination made by the Secretary of Labor pur-
the Department of Justice favors the enactment of this section.
suant to the provisions of section 212(a)(14);
38
39
"[(B)] (A) an immigrant, lawfully admitted for permanent
not later than on the sixtieth day immediately following the date of
residence, who is returning from a temporary visit abroad;
enactment of this subsection and again on or before September 1,
"[(C)] (B) an immigrant who was a citizen of the United
1966, and September 1, 1967, determine and proclaim the amount of
States and may, under section 324(a) or 327 of Title III, apply
quota numbers which remain unused at the end of the fiscal year
for reacquisition of citizenship;
ending on June 30, 1965, June 30, 1966, and June 30, 1967, respec-
"[(D)] (C) an immigrant who continuously for at least
tively, and are available for distribution pursuant to subsection (d)
two years immediately preceding the time of his application for
of this section.
admission to the United States has been, and who seeks to enter
(d) Quota numbers not issued or otherwise used during the previous
the United States solely for the purpose of carrying on the voca-
fiscal year, as determined in accordance with subsection (c) hereof,
tion of minister of a religious denomination, and whose services
shall be transferred to an immigration pool. Allocation of numbers
are needed by such religious denomination having a bona fide
from the pool and from national quotas shall not together exceed in
organization in the United States; and (ii) the spouse or the child
any fiscal year the numerical limitations in subsection (a) of this
of any such immigrant, if accompanying or following to join
section. The immigration pool shall be made available to immigrants
him; or
otherwise admissible under the provisions of this Act who are unable
"[(E)] (D) an immigrant who is an employee, or an honor-
to obtain prompt issuance of a preference visa due to oversubscription
ably retired former employee, of the United States Government
of their quotas, or subquotas as determined by the Secretary of State.
abroad, and who has performed faithful service for a total of
Visas and conditional entries shall be allocated from the immigration
fifteen years, or more, and his accompanying spouse and children:
pool within the percentage limitations and in the order of priority
Provided, That the principal officer of a Foreign Service establish-
specified in section 203 without regard to the quota to which the alien
ment, in his discretion, shall have recommended the granting of
is chargeable.
special immigrant status to such alien in exceptional circumstances
[(e) The immigration pool and the quotas of quota areas shall
and the Secretary of State approves such recommendation and
terminate June 30, 1968. Thereafter immigrants admissible under the
finds that it is in the national interest to grant such status."
provisions of this Act who are subject to the numerical limitations of
subsection (a) of this section shall be admitted in accordance with the
SECTION 201 OF THE IMMIGRATION AND NATIONALITY ACT
percentage limitations and in the order of priority specified in section
SEC. 201. (a) Exclusive of special immigrants defined in section
203.]
101 (a) (2)7, and [of the] immediate relatives of United States citizens
SECTION 202 OF THE IMMIGRATION AND NATIONALITY AcT
as specified in subsection (b) of this section, (1) the number of aliens
born in any foreign state or dependent area located in the Eastern Hemis-
SEC. 202. (a) No person shall receive any preference or priority or be
phere who may be issued immigrant visas or who may otherwise
discriminated against in the issuance of an immigrant visa because of
acquire the status of an alien lawfully admitted to the United States
his race, sex, nationality, place of birth, or place of residence, except
for permanent residence, or who may, pursuant to section 203(a) (7),
as specifically provided in section (a) (27), section (b), and
enter conditionally, [(i)] shall not in any of the first three quarters
section 203: Provided, That the total number of immigrant visas and
of any fiscal year exceed a total of [45,000] forty-five thousand and
the number of conditional entries made available to natives of any
[(ii)] shall not in any fiscal year exceed a total of [170,000] one
single foreign state under paragraphs (1) through (8) of section (a)
hundred seventy thousand [.]; and (2) the number of aliens born in
shall not exceed 20,000 in any fiscal year [:] [Provided further, That
any foreign state of the Western Hemisphere or in the Canal Zone, or
the foregoing proviso shall not operate to reduce the number of
in a dependent area located in the Western Hemisphere, who may be
immigrants who may be admitted under the quota of any quota area
issued immigrant visas or who may otherwise acquire the status of an
before June 30, 1968.
alien lawfully admitted to the United States for permanent residence, or
(b) Each independent country, self-governing dominion, mandated
who may, pursuant to section (7), enter conditionally, shall not
territory, and territory under the international trusteeship system of
in any of the first three quarters of any fiscal year exceed a total of thirty-
the United Nations, other than the United States and its outlying
two thousand and shall not in any fiscal year exceed a total of one hundred
possessions shall be treated as a separate foreign state for the purposes
twenty thousand.
of the numerical limitation set forth in the proviso to subsection (a) of
(b) The "immediate relatives" referred to in subsection (a) of this
this section when approved by the Secretary of State. All other
section shall mean the children, spouses, and parents of a citizen of
inhabited lands shall be attributed to a foreign state specified by the
the United States: Provided, That in the case of parents, such citizen
Secretary of State. For the purposes of this Act the foreign state to
must be at least twenty-one years of age. The immediate relatives
which an immigrant is chargeable shall be determined by birth within
specified in this subsection who are otherwise qualified for admission
such foreign state except that (1) an alien child, when accompanied
as immigrants shall be admitted as such, without regard to the
numerical limitations in this Act.
by his alien parent or parents, may be charged to the same foreign
state as the accompanying parent or of either accompanying parent
[(c) During the period from July 1, 1965, through June 30, 1968,
if such parent has received or would be qualified for an immigrant visa,
the annual quota of any quota area shall be the same as that which
if necessary to prevent the separation of the child from the accom-
existed for that area on June 30, 1965. The Secretary of State shall,
panying parent or parents, and if the foreign state to which such parent
40
41
has been or would be chargeable has not exceeded the numerical
the sciences or the arts will substantially benefit prospectively
limitation set forth in the proviso to subsection (a) of this section for
the national economy, cultural interests, or welfare of the United
that fiscal year; (2) if an alien is chargeable to a different foreign state
States.
from that of his accompanying spouse, the foreign state to which such
(4) Visas shall next be made available, in a number not to
alien is chargeable may, if necessary to prevent the separation of
exceed 10 per centum of the number specified in section [201
husband and wife, be determined by the foreign state of the accom-
(a) (ii) 201(a) (1) or (2), plus any visas not required for the
panying spouse, if such spouse has received or would be qualified for an
classes specified in paragraphs (1) through (3), to qualified immi-
immigrant visa and if the foreign state to which such spouse has been
grants who are the married sons or the married daughters of
or would be chargeable has not exceeded the numberical limitation set
citizens of the United States.
forth in the proviso to subsection (a) of this section for that fiscal
(5) Visas shall next be made available, in a number not to
year; (3) an alien born in the United States shall be considered as
exceed 24 per centum of the number specified in section [201
having been born in the country of which he is a citizen or subject, or
(a) (ii) 201(a) (1) or (2), plus any visas not required for the
if he is not a citizen or subject of any country then in the last foreign
classes specified in paragraphs (1) through (4), to qualified immi-
country in which he had his residence as determined by the consular
grants who are the brothers or sisters of citizens of the United
officer; (4) an alien born within any foreign state in which neither of
States.
his parents was born and in which neither of his parents had a resi-
(6) Visas shall next be made available, in a number not to
dence at the time of such alien's birth may be charged to the foreign
exceed 10 per centum of the number specified in section [201(a)
state of either parent.
(ii) 201 (a) (1) or (2), to qualified immigrants who are capable of
(c) Any immigrant born in a colony or other component or depend-
performing specified skilled or unskilled labor, not of a temporary
ent area of a foreign state overseas from the foreign state unless a special
or seasonal nature, for which a shortage of employable and willing
immigrant as provided in section 101 (a) (27) or an immediate relative
persons exists in the United States.
of a United States citizen, as specified in section 201(b), shall be
(7) Conditional entries shall next be made available by the
chargeable for the purpose of the limitation set forth in section [202(a),
Attorney General, pursuant to such regulations as he may
to the foreign state, except that the number of persons born in any
prescribe and in [a number an amount not to exceed 6 per
such colony or other component or dependent area overseas from the
centum of the [number specified in section 201 (a) (ii), limitation
foreign state chargeable to the foreign state in any one fiscal year shall
applicable under section 201 (a) (1) or (2), to aliens who are outside
not exceed 1 per centum of the maximum number of immigrant visas
the country of which they are nationals or, in the case of persons
available to such foreign state. 201 to the hemisphere in which such
having no nationality, are outside the country in which they last
colony or other component or dependent area is located, and the number of
habitually resided, who satisfy an Immigration and Naturaliza-
immigrant visas available to each such colony or other component or de-
tion Service officer at an examination in any non-Communist or
pendent area shall not exceed six hundred in any one fiscal year.
non-Communist-dominated country [, (A) that (1) because of
(d) In the case of any change in the territorial limits of foreign
states, the Secretary of State shall, upon recognition of such change
persectution or fear of persecution on account of race, religion,
or political opinion they have fled (I) from any Communist or
issue appropriate instructions to all diplomatic and consular offices.
Communist-dominated country or area, or (II) from any country
SECTION 203(a) OF THE IMMIGRATION AND NATIONALITY ACT
within the general area of the Middle East, and (ii) are unable or
unwilling to return to such country or area on account of race,
SEC. 203. (a) Aliens who are subject to the numerical limitations
religion, or political opinion, and (iii) are not nationals of the
specified in section 201 (a) shall be allotted visas or their conditional
countries or areas in which their application for conditional entry
entry authorized, as the case may be, as follows:
is made; or (B) that they are persons uprooted by catastrophic
(1) Visas shall be first made available, in a number not to
natural calamity as defined by the President who are unable to
exceed 20 per centum of the number specified in section [201
return to their usual place of abode. For the purpose of the
(a) (ii) 201 (1) or (2), to qualified immigrants who are the
foregoing the term "general area of the Middle East" means the
unmarried sons or daughters of citizens of the United States.
area between and including (1) Libya on the west, (2) Turkey
(2) Visas shall next be made available, in a number not to
on the north, (3) Pakistan on the east, and (4) Saudi Arabia and
exceed 20 per centum of the number specified in section [201
Ethiopia on the south: Provided, That immigrant visas in a
(a) (ii) 201(a) (1) or (2), plus any visas not required for the classes
number not exceeding one-half the number specified in this
specified in paragraph (1), to qualified immigrants who are the
paragraph may be made available, in lieu of conditional entries
spouses, unmarried sons or unmarried daughters of an alien
of a like number, to such aliens who have been continuously
lawfully admitted for permanent residence.
physically present in the United States for a period of at least
(3) Visas shall next be made available, in a number not to
two years prior to application for adjustment of status that
exceed 10 per centum of the number specified in section [201
they (A) are unable or unwilling to return to the country of their
(a) (ii) 201(a) (1) or (2), to qualified immigrants who are members
nationality or last habitual residence because of persecution or well-
of the professions, or who because of their exceptional ability in
founded fear of persecution on account of race, religion, nationality,
membership of a particular social group or political opinion, (B)
42
43
are not nationals of the countries in which their application for
who are otherwise admissible may be readmitted to the United States
conditional entry is made, and (C) are not firmly resettled in any
by the Attorney General in his discretion without being required to
country: Provided, That not more than one-half of the visa numbers
obtain a passport, immigrant visa, reentry permit or other docu-
made available pursuant to this paragraph may be made available
mentation.
for use in connection with the adjustment of status to permanent
residence of aliens who were inspected and admitted or paroled into
SECTION 212(a)(24) OF THE IMMIGRATION AND NATIONALITY ACT
the United States, who satisfy the Attorney General that they meet
the qualifications set forth herein for conditional entrants, and who
SEC. 212. (a) (24) Aliens (other than aliens described in [101(a)
have been continuously physically present in the United States for
(27) (A) and (B)] 101(a)(27)(A) and aliens subject to the numerical
a period of at least two years prior to application for adjustment of
limitation specified in section (a) who seek admission from
status.
foreign contiguous territory or adjacent islands, having arrived there
(8) Visas authorized in any fiscal year, less those required for
on a vessel or aircraft of a nonsignatory line, or if signatory, a non-
issuance to the classes specified in paragraphs (1) through (6) and
complying transportation line under section 238(a) and who have not
less to number of conditional entries and visas made available
resided for at least two years subsequent to such arrival in such terri-
pursuant to paragraph (7), shall be made available to other
tory or adjacent islands;
qualified immigrants strictly in the chronological order in which
they qualify. Waiting lists of applicants shall be maintained in
SECTION 212(a)(14) OF THE IMMIGRATION AND NATIONALITY ACT
accordance with regulations prescribed by the Secretary of State.
No immigrant visa shall be issued to a nonpreference immigrant
SEC. 212. (a) (14) Aliens seeking to enter the United States, for the
under this paragraph, or to an immigrant with a preference under
purpose of performing skilled or unskilled labor, unless the Secretary
paragraph (3) or (6) of this subsection, until the consular officer
of Labor has determined and certified to the Secretary of State and to
is in receipt of a determination made by the Secretary of Labor
the Attorney General that (A) there are not sufficient workers [in the
pursuant to the provisions of section 212(a)(14).
United States] who are able, willing, qualified, and available at the
(9) A spouse or child as defined in section 101(b)(1)(A), (B),
time of application for a visa admission to the United States and at
(C), (D), or (E) shall, if not otherwise entitled to an immigrant
the place to which where the alien is [destined] to perform such
status and the immediate issuance of a visa or to conditional entry
skilled or unskilled labor, and (B) the employment of such aliens will
under paragraphs (1) through (8), be entitled to the same status,
not adversely affect the wages and working conditions of the workers
and the same order of consideration provided in subsection (b),
in the United States similarly employed. The exclusion of aliens under
this paragraph shall apply to [special immigrants defined in section
if accompanying, or following to join, his spouse or parent.
101(a)(27)(A) (other than the parents, spouses, or children of United
SECTION 203(e) OF THE IMMIGRATION AND NATIONALITY ACT
States citizens or of aliens lawfully admitted to the United States for
permanent residence), to] preference immigrant aliens described in
SEC. 203(e) For the purposes of carrying out his responsibilities in
section and (6), and to nonpreference immigrant aliens
the orderly administration of this section, the Secretary of State is
described in section 203(a)(8)[ The Secretary of Labor shall submit
authorized to make reasonable estimates of the anticipated numbers of
quarterly to the Congress a report containing complete and detailed state-
visas to be issued during any quarter of any fiscal year within each of
ments of facts pertinent to the labor certification procedures including,
the categories of subsection (a), and to rely upon such estimates in
but not limited to, lists of occupations in short supply or oversupply,
authorizing the issuance of such visas. [The Secretary of State, in his
regionally projected manpower needs, as well as up-to-date statistics on
discretion, may terminate the registration on a waiting list of any alien
the number of labor certifications approved or denied;
who fails to evidence his continued intention to apply for a visa in such
manner as may be by regulation prescribed. The Secretary of State
SECTION 212(p)(9) OF THE IMMIGRATION AND NATIONALITY ACT
shall terminate the registration of any alien who fails to apply for an im-
SEC. 212. (d) (9) (A) If the Secretary of State shall find that it is in the
migrant visa uithin one year following notification to him of the avail-
national interest that all, or any portion, of the members of a group or
ability of such visa, unless the alien establishes within two years following
class of persons who meet the qualifications set forth in section 203(a)(7)
notification of the availability of such visa that such failure to apply was
be paroled into the United States, he may recommend to the Attorney
due to circumstances beyond his control. Upon such termination the ap-
General that such aliens be so paroled.
proval of any petition approved pursuant to section 204(b) shall be auto-
(B) Upon receipt of a recommendation pursuant to subparagraph (A)
matically revoked.
of this paragraph and after appropriate consultation with the Congress,
the Attorney General may parole into the United States any alien who
SECTION 211 OF THE IMMIGRATION AND NATIONALITY ACT
establishes to his satisfaction, in accordance with such regulations as he
SEC. 211. (b) Notwithstanding the provisions of section 212(a)(20)
may prescribe, that he is a member of the group or class of persons with
of this Act in such cases or in such classes of cases and under such
respect to whom the Secretary of State has made such recommendation and
conditions as may be by regulations prescribed, returning resident
that he not firmly resettled in any country. The conditions of such parole
immigrants, defined in [section 101(a)(27)(B)] section (27)
shall be the same as those which the Attorney General shall prescribe for
the parole of aliens under paragraph (5) of this subsection.
44
45
(C) Any alien paroled into the United States pursuant to this paragraph
whose parole has not theretofore been terminated by the Attorney General
unless such person shall fail to enter the United States to estab-
and who has not otherwise acquired the status of an alien lawfully admitted
lish a permanent residence prior to his twenty-fifth birthday: And
for permanent residence shall, two years following the date of his parole
provided further, That a person who shall have lost nationality
into the United States, return or be returned to the custody of the Immigra-
prior to January 1, 1948, through the naturalization in a foreign
tion and Naturalization Service and shall thereupon be inspected and
state of a parent or parents, may, within one year from the
examined for admission into the United States in accordance with the
effective date of this Act, apply for a visa and for admission to
provisions of sections 235, and 237 of this Act.
the United States as a nonquota immigrant under the provisions
(D) Notwithstanding the numerical limitations specified in this Act,
of [section 101(a)(27)(E)] section or
any alien who, upon inspection and examination as provided in subpara-
graph (C) of this paragraph or after a hearing before a special inquiry
SECTION OF THE ACT OF OCTOBER 3, 1965
officer, is found to be admissible as an immigrant as of the time of his
inspection and examination except for the fact that he was not and is not
SEC. 21. [(e) Unless legislation inconsistent herewith is enacted on
in possession of the documents required by section 212(a)(20) shall be
or before June 30, 1968, in response to recommendations of the Com-
regarded as lawfully admitted to the United States for permanent residence
mission or otherwise, the number of special immigrants within the
as of the date of his arrival in the United States.
meaning of section 101(a)(27)(A) of the Immigration and Nationality
Act, as amended, exclusive of special immigrants who are immediate
SECTION OF THE IMMIGRATION AND NATIONALITY ACT
relatives of United States citizens as described in section 201 (b) of
that Act, shall not, in the fiscal year beginning July 1, 1968, or in
SEC. 241. (a) (10) entered the United States from foreign contiguous
any fiscal year thereafter, exceed a total of 120,000.]
territory or adjacent islands, having arrived there on a vessel or air-
craft of a nonsignatory transportation company under section 238(a)
THE ACT OF NOVEMBER 2, 1966
and was without the required period of stay in such foreign contiguous
territory or adjacent islands following such arrival ([other than an
That, notwithstanding the provisions of section 245(c) of the
alien who is a native-born citizen of any of the countries enumerated
Immigration and Nationality Act, the status of any alien who is a
in section (27) (A) and an alien described in section 101(a)(27)
native or citizen of Cuba and who has been inspected and admitted or
(B)] other than an alien described in section 101 (27) (A) and aliens
paroled into the United States subsequent to January 1, 1959 and has
subject to the numerical limitation specified in section 201
been physically present in the United States for at least two years,
may be adjusted by the Attorney General, in his discretion and under
SECTION 244(d) OF THE IMMIGRATION AND NATIONALITY ACT
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if the alien makes an application
SEC. 244. (d) Upon the cancellation of deportation in the case of
for such adjustment, and the alien is eligible to receive an immigrant
any alien under this section, the Attorney General shall record the
visa and is admissible to the United States for permanent residence.
alien's lawful admission for permanent residence as of the date the
Upon approval of such an application for adjustment of status, the
cancellation of deportation of such alien is made, and unless the alien
Attorney General shall create a record of the alien's admission for
[is entitled to a special immigrant classification under section 101(a)
permanent residence as of a date thirty months prior to the filing of
(A), or is an immediate relative within the meaning of section
such an application or the date of his last arrival into the United
201 (b) the Secretary of State shall reduce by one the number of non-
States, whichever date is later. The provisions of this Act shall be
preference immigrant visas authorized to be issued under section
applicable to the spouse and child of any alien described in this sub-
203(a)(8) for the fiscal year then current.
section, regardless of their citizenship and place of birth, who are
residing with such alien in the United States.
SECTION 349(1) OF THE IMMIGRATION AND NATIONALITY AcT
SEC. 2. In the case of any alien described in section 1 of this Act who,
prior to the effective date thereof, has been lawfully admitted into the
SEC. 349. From and after the effective date of this Act a person
United States for permanent residence, the Attorney General shall,
who is a national of the United States whether by birth or naturali-
upon application, record his admission for permanent residence as of
zation, shall lose his nationality by-
the date the alien originally arrived in the United States as a non-
(1) obtaining naturalization in a foreign state upon his own
immigrant or as a parolee, or a date thirty months prior to the date of
application, upon an application filed in his behalf by a parent,
enactment of this Act, whichever date is later.
guardian, or duly authorized agent, or through the naturalization
SEC. 3. Section 13 of the Act entitled "An Act to amend the Immi-
of a parent having legal custody of such person: Provided, That
gration and Nationality Act, and for other purposes", approved
nationality shall not be lost by any person under this section as
October 3, 1965 (Public Law 89-236), is amended by adding at the
the result of the naturalization of a parent or parents while such
end thereof the following new subsection:
person is under the age of twenty-one years, or as the result of a
"(c) Nothing contained in subsection (b) of this section shall be
naturalization obtained on behalf of a person under twenty-one
construed to affect the validity of any application for adjustment
years of age by a parent, guardian, or duly authorized agent,
under section 245 filed with the Attorney General prior to Decem-
ber 1, 1965, which would have been valid on that date; but as to all
46
such applications the statutes or parts of statutes repealed or amended
by this Act are, unless otherwise specifically provided therein, con-
tinued in force and effect."
SEC. 4. Except as otherwise specifically provided in this Act, the
definitions contained in section 101 (a) and (b) of the Immigration
and Nationality Act shall apply in the administration of this Act.
ADDITIONAL VIEWS OF THE HONORABLE PETER W.
Nothing contained in this Act shall be held to repeal, amend, alter,
RODINO, JR.
modify, affect, or restrict the powers, duties, functions, or authority
of the Attorney General in the administration and enforcement of the
I am in complete agreement with the major objectives of H.R. 981
Immigration and Nationality Act or any other law relating to immi-
and with one significant exception I strongly support this legislation.
gration, nationality, or naturalization.
The 1965 amendments to the Immigration and Nationality Act
SEC. 5. The approval of an application for adjustment of status to
abolished the national origins quota system and also imposed for the
that of lawful permanent resident of the United States pursuant to the
first time a numerical limitation of 120,000 on immigration from the
provisions of section 1 of this Act shall not require the Secretary of State
Western Hemisphere. This limitation was added in the later stages of
to reduce the number of visas authorized to be issued in any class in the
consideration of the 1965 legislation and it was not fully integrated into
case of any alien who is physically present in the United States on or
the basic design of the Immigration and Nationality Act since it failed
before the effective date of the Immigration and Nationality Act Amend-
to provide an adequate mechanism for selecting immigrants from the
ments of 1973.
Western Hemisphere (i.e. preference system).
Therefore, when the Western Hemisphere ceiling took effect in July,
1968, there was an imbalance between the immigration provisions deal-
ing with the Eastern and Western Hemisphere and this imbalance was
directly attributable to the omission of a preference system for the
Western Hemisphere. This omission has caused considerable hardship
for citizens and lawful permanent residents of the United States as well
as for many intending immigrants. The need for such a preference sys-
tem has been universally recognized and the enactment of H.R. 981
will remedy this serious and unintended defect in our immigration laws.
Although this legislation will significantly advance the desirable
goal of adopting uniform provisions for the Eastern and Western
Hemisphere, this legislation deals very unjustly and unwisely with
Canada and Mexico by imposing a numerical limitation of 20,000 on
immigration from each of these countries.
We must not fail to recognize that both Mexico and Canada stand
in a relationship to us that is unique. We share common borders, we
occupy the same continent. We cannot ignore these facts, even if we
might wish to. It has been said that the same kind of argument was
used to justify the national origins quota system which discriminated
in favor of certain countries such as Great Britain, Ireland and
Germany. It may well be that the same words were used, but their
meaning was vastly different. The unique or special relationship
which existed between us and those other countries was based on
historical and sentimental considerations, combined with elements of
racial prejudice. The uniqueness of our relationships with Canada
and Mexico lies not merely in historical or sentimental factors, but
more importantly in the practical day-to-day process of living together
on the same continent.
Our dealings with Canada and Mexico are of a kind that merit the
term "unique". There are reciprocal agreements concerning manu-
factured goods; many unions in the United States have locals in
Canada; many American firms have branches in Canada and/or
Mexico and many Canadian firms have branches in the United States.
In addition, there are many cultural and social and other economic
ties between our countries which link us together on a daily basis.
(47)
48
49
Canada is our most important trading partner and we are theirs.
against our friendly neighbor, without any apparent justification. All
Graduates of Canadian medical schools are eligible to seek licensure
of us are familiar with the enormous problem currently posed by il-
in the United States without the additional requirements that
legal immigration from Mexico. In seeking to control that problem it
graduates of medical schools in other countries must meet.
seems essential to retain opportunities for legal immigration. Indeed,
Certainly this cooperative pattern has been mutually beneficial in
in its Final Report of January 15, 1973, the Special Study Group on
promoting friendly relationships with our two contiguous neighbors.
Illegal Immigration from Mexico, appointed by the President after
Recognizing the special relationship, the Administration in their bill,
discussions with the President of Mexico, urged that there be no
H.R. 9409, proposed separate immigration allotments of 35,000,
reduction in the present level of lawful immigration from Mexico. Yet
annually for Canada and Mexico. Representatives of the Departments
H.R. 981 would accomplish an immediate reduction of over 50%
of State and Justice and the vast majority of public witnesses who
in the number who could immigrate lawfully. By curtailing the op-
testified before the Subcommittee on Immigration, Citizenship, and
portunities for lawful immigration from Mexico, H.R. 981 would
International Law supported an increased allotment of visa numbers
unfortunately give further impetus to the pressures for illegal im-
for Canada and Mexico. However, the bill now reported by this
migration.
Committee has rejected this recommendation. Instead, as I have
It is necessary for us to take into account also the effect of this
noted, H.R. 981, as amended, imposes an annual limitation of 20,000
measure on our foreign relations, particularly with Mexico. Since the
on immigration from all Western Hemisphere countries, similar to the
actual effect of the 20,000 limitation would be a marked reduction in
present per-country limitation on Eastern Hemisphere countries.
immigration from Mexico, the Government of that country might
On its face, this provision has the appearance of fairness since each
well regard this legislation as an affront to its people.
country is treated in a uniform manner. While I am most sympathetic
The difficulties that I have mentioned could be avoided by providing
to the concept of equal treatment for all countries with respect to
a separate visa allocation of 35,000 each to Canada and Mexico; or
immigration, I feel that this equitable principle may have led us into
alternatively, by providing for the issuance of special visas to natives
an unfortunate situation in this particular case.
of these countries. The additional immigration that would be involved
First of all, I agree that we cannot and should not attempt to solve
is insignificant and separate treatment for these countries can be
any population or employment problems ther country might have
justified because of the special relationship which exists with our
through our immigration policies nor do I believe that Canada and
neighboring countries. Through the simple expedient of increased
Mexico wish us to do SO. But, it is very evident that our immigration
ceilings or special visa allocations, we would demonstrate to our
policies are viewed in these countries as an aspect of our overall atti-
neighbors our awareness of their problems and our desire to deal
tude toward them. Prior to 1968 there was no numerical limitation on
with them in a constructive and cooperative manner. I believe that
immigration to the United States from any Western Hemisphere
such a provision would greatly assist in promoting friendly relation-
country. However, as a result of the 1965 legislation, all countries of
ships with Canada and Mexico and would certainly further our
this Hemisphere were subjected to the 120,000 hemispherical limita-
national interests.
tion. This limitation had a severe impact on immigration from Canada.
PETER W. RODINO, JR.
Interestingly enough, the Canadians were aware of this development
from its inception and began to launch diplomatic protests even before
the ceiling became operative. Since that time the Canadians have dis-
creetly and persistently made their objections known to our govern-
ment. Mexico, on the other hand, was not adversely affected by the
1965 amendments and, in fact, has been the principal source of West-
ern Hemisphere immigration for the past five fiscal years.
Consequently, at the present time we have a situation in which one
of our neighbors has been drastically affected by existing legislation
but the other one has not. H.R. 981, as amended, would have the un-
fortunate, dual result of failing to alleviate the adverse impact on
Canadian immigration and at the same time creating a new restriction
on Mexican immigration.
For example, the last annual report of the Immigration and Natural-
ization Service shows that during fiscal year 1972 there were 64,040
immigrants from Mexico, of whom 41,707 were subject to the Western
Hemisphere numerical limitation. Enactment of the 20,000 ceiling
would thus result in an immediate reduction of over 50% in lawful im-
migration from Mexico.
It seems to me that this drastic reduction in lawful immigration
from Mexico is unsound and undesirable. In a bill designed to deal
fairly with Western Hemisphere countries, it operates restrictively
Evacuees
May 20
THE WHITE HOUSE
WASHINGTON
Russ --
Mr. Marsh would like you to discuss
this with Phil Buchen.
Thanks.
donna
on 5/21/75
0
THE WHITE HOUSE
WASHINGTON
May 14, 1975
MEMORANDUM TO:
JACK MARSH
FROM:
RUSS ROURKE R
SUBJECT:
TELEPHONE CONVERSATION WITH
JACK REITER (WORLD AIRWAYS)
(PH: 297-7107)
Reiter advises that World Airways has just been given notice by
the District Director's Office, Immigration and Naturalization Service,
San Francisco, that World Airways is being fined at a rate of $1,000
per head ($1, 000 time S 248, for each of the refugees brought back by
Ed Daly's World Airways (there were three separate flights with a total
of 248 illegal aliens).
Reiter has spoken with I&NS and Department of Justice officials, all
of whom merely quote the "letter of the law" to him. Obviously both
Reiter and Daly are aware that the "letter of the law" was violated
but they contend that the spirit that prompted that violation should cer-
tainly permit the avoidance of any fine
more to the point, Daly says,
"he'll go to jail before PHYING using a penny in fines". Reiter is "sure the
President would not countenance this 'by the book' action by I&NS".
Naturally they seek your assistance in obtaining appropriate relief.
Called a.s. Levi 5/20/75
FORD . LIBRARY 03
who will repartBach.
Received return P. call
5/21/75 who advised Dam. has that Sevi World respons, to arways descrity. but first PT.
May 20
THE WHITE HOUSE
WASHINGTON
Russ --
Mr. Marsh would like you to discuss
this with Phil Buchen.
Thanks.
donna
Called Russ B
on 5/21/75
P.
THE WHITE HOUSE
WASHINGTON
May 14, 1975
MEMORANDUM TO:
JACK MARSH
FROM:
RUSS ROURKE R
SUBJECT:
TELEPHONE CONVERSATION WITH
JACK REITER (WORLD AIRWAYS)
(PH: 297-7107)
Reiter advises that World Airways has just been given notice by
the District Director's Office, Immigration and Naturalization Service,
San Francisco, that World Airways is being fined at a rate of $1,000
per head ($1, 000 time S 248, for each of the refugees brought back by
Ed Daly's World Airways (there were three separate flights with a total
of 248 illegal aliens).
Reiter has spoken with I&NS and Department of Justice officials, all
of whom merely quote the "letter of the law" to him. Obviously both
Reiter and Daly are aware that the "letter of the law" was violated
but they contend that the spirit that prompted that violation should cer-
tainly permit the avoidance PAYING of any fine
more to the point, Daly says,
"he'll go to jail before using a penny in fines". Reiter is "sure the
President would not countenance this 'by the book' action by I&NS".
Naturally they seek your assistance in obtaining appropriate relief.
Called a.s. Levi 5/20/75
FORD LIBRARY
who well report Back.
Received 5/21/75 who return advised call has A that fevi World to in tests offent
Rohugan
Friday 5/23/75
Cong
5:00
Max Friedersdorf just brought in a copy of
the attached letter to the President which
they have just received; it has been sent
to Eloise Frayer for acknowledgment.
n. FORD LIBRARY
CAROLINA
United States Senate
WASHINGTON, D.C. 20510
May 23, 1975
The President
The White House
Washington, D.C.
Dear Mr. President:
Information which I believe to be reliable has come to me in-
dicating that an estimated 42, 000 South Vietnamese refugees were evac-
uated to Phou Quoc Island and left stranded about 50 miles from Viet-
nam and 30 miles from Cambodia. As of 8:00 AM Tuesday, I am in-
formed, this group included at least 17 clergymen, 300 nuns, and 1, 000
orphans (including hundreds of mixed Vietnamese-American blood who
stand marked for slaughter). There are also a number of high South
Vietnamese officials.
I am also told that there are about 3, 000 South Vietnamese reg-
ular troops on the island (about two battalions) armed with machine
guns, mortars, and bazookas. A handful of Vietcong have been con-
tained in one corner of the island. The South Vietnamese flag still flew
over the island on May 12, according to the captain of a South Korean
freighter who picked up 216 of the refugees on May 12. The South Ko-
rean ship was beseiged by about 3, 000 refugees in small boats, but
could only take the above number. The latest reports, as of Tuesday,
say that the free South Vietnamese still control the island.
You have the facilities to check the accuracy of the present sit-
uation. I suggest that you contact Admiral George Anderson of the
Foreign Intelligency Advisory Committee for the information he has
on the matter. U.S. policy can in no way allow these refugees to re-
ceive retribution from the Communists, when they eventually establish
control over the island. I am told that the Secretary of the Navy has
indicated that the U.S. Navy has the logistical capability to remove the
refugees. There is also a large air strip on the island.
A strong diplomatic campaign should be instituted to find other
countries to share the burden of resettlement. I am told that South
DERALO N. FORD LIBERTY
The President
May 23, 1975
Page two
Korea has indicated that she will take 1, 000 more, in addition to the
1, 000 taken already. I am told that the Counselor of the Chilean Embassy
here has recommended that Chile take 5, 000. Private negotiations are
under way with Brazil to take 20, 000. Furthermore, the Dominican
nuns of Louisville, Kentucky, have said that they will assume respon-
sibility for the support of the 1, 000 orphans. I think that the resettle-
ment problem could be solved; but the urgent need now is to take action
to remove any refugees who want to leave Phou Quoc. I urge you to
take whatever steps are necessary to do SO.
Sincerely,
Theose Helms
JESSE HELMS:1s
YORD 1. LIBRARY
THE WHITE HOUSE
WASHINGTON
6/3/75 Fy,
Eva: me Buchen
NSC has finalized for Max
Friedersdorf's signature the
letter to Senator Helms re:
Phu QUOC Island. Attached is
the memo and letter. I
indicated that we had no
problems with the letter's
content por in Max signing
the letter. I sent a copy to
Ted Marrs.
Bany
Refuger
NATIONAL SECURITY COUNCIL
June 3, 1975
TO:
Barry Roth
FROM:
Les Janką (x3116)
Please review the attached as
soon as possible.
MEMORANDUM
NATIONAL SECURITY COUNCIL
June 3, 1975
MEMORANDUM FOR:
MAX FRIEDERSDORF
FROM:
Jeanne W. Davis
SUBJECT:
Response to Senator Helms Regarding
Vietnamese Refugees on Phu Quoc Island
On May 23 Senator Helms sent the letter at Tab B to the President
calling to his attention information regarding 42,000 Vietnamese
refugees stranded on Phu Quoc Island which was still in the hands
of loyal ARVN troops. The Senator also reports that he has infor-
mation that South Korea, Chile, and Brazil are willing to receive
these refugees and calls upon the President to take strong diplomatic
moves to find other countries to share the resettlement burden.
Subsequent investigation by the Interagency Task Force at State has
turned up no intelligence to support the claim of any continuing
resistance on Phu Quoc. The Task Force has also been unable,
working with Helms' staff, to translate the reported willingness
of several Latin American countries to accept refugees into firm
offers to do SO.
A Presidential response is not required or advisable given the strange
nature of Helms' information and our response telling him in effect
he is wrong on several counts.
We, therefore, recommend that you send Senator Helms the response
at Tab A based on a Task Force draft, expressing our appreciation
that we have investigated the Phu Quoc reports but cannot substantiate
them, and outlining the efforts we are making to get other countries
to accept refugees.
Les Janka concurs.
Philip Buchen's office concurs.
THE WHITE HOUSE
WASHINGTON
Dear Senator Helms:
The President has asked me to respond to your letter of May 23 passing
along the reports that have come to your attention regarding the refugee
situation on Phu Quoc Island. The publicity accorded to similar reports
has aroused public curiosity but a thorough canvass of our own intelli-
gence community reveals no evidence to substantiate claims of continued
resistance on that island, or elsewhere in Vietnam. Refugees from
Danang, Hue, Nha Trang and other northern cities of South Vietnam
appear to be scattered throughout the more southern areas, including
Phu Quoc, but most of the former soldiers among them, who fled
before the American departure on April 29, are known to have left
their arms in the north. Those that did not do so were disarmed on
the refugee ships that carried the fleeing population south.
We appreciate your concern for the tragic plight of these people and the
President is grateful for your suggestions regarding diplomatic over-
tures to induce other countries to accept numbers of Indochinese
refugees. This has been a matter of high priority for us since the
creation on April 18 of the Inter-Agency Task Force concerned with
the resettlement of the refugees from Vietnam and Cambodia, and has
recently been the subject of two international appeals from the United
Nations High Commissioner for Refugees as well. The response has
not yet reached the level that we hope to attain, although Canadian,
French and Australian immigration officials have visited several of
the reception sites. Canada has thus far been the most receptive;
1, 396 Vietnamese have already gone to that country and an equal
number are expected to follow. While there are indications that a
few Latin American countries may accept a small number of refugees,
no official word has yet been received. Our efforts to seek additional
countries to share the resettlement burden will continue.
Because of your interest in the area, I would like to share with you
information which has not as yet become public knowledge and which
-2-
you may find useful in light of the information you were good enough to
bring to our attention. An early assertion by the new Saigon authorities
of control over all of Vietnam's offshore islands was reiterated as
recently as May 23, when the so-called Peoples' Revolutionary
Government "Liberation Radio" took note of the American press
reports purporting to describe conditions on Phu Quoc, flatly rejecting
these reports, and warning against any attempts to intervene in Viet-
namese affairs.
Once again, let me express our thanks for your concern and readiness
to help in this matter.
Sincerely,
Max L. Friedersdorf
Assistant to the President
The Honorable Jesse Helms
United States Senate
Washington, D. C. 20510
7%
NATIONAL SECURITY COUNCIL
VIA LDX
WASHINGTON, D.C. 20506
May 24, 1975
MEMORANDUM FOR:
Mr. George S. Springsteen
Executive Secretary
Department of State
SUBJECT:
Letter from Senator Helms on
Refugees on Phou Quoc
Will you please have a draft reply prepared to the attached letter
for signature by a White House staff member. We would like to
have the draft no later than noon on Tuesday, May 27.
You should include either in the reply or the covering memo a
status report on any efforts by the UNHCR to investigate or
alleviate the situation on Phou Quoc.
Staff m ecretary
Jeanne Davis
Attachment
WASHINGTON. D.C. 20310
May 23, 1975
The President
The White House
Washington, D.C.
Dear Mr. President:
Information which I believe to be reliable has come to me in-
dicating that an estimated 42, 000 South Vietnamese refugees were evac-
uated to Phou Quoc Island and left stranded about 50 miles from Viet-
nam and 30 miles from Cambodia. As of 8:00 AM Tuesday, I am in-
formed, this group included at least 17 clergymen, 300 nuns, and 1, 000
orphans (including hundreds of mixed Vietnamese-American blood who
stand marked for slaughter). There are also a number of high South
Vietnamese officials.
I am also told that there are about 3, 000 South Vietnamese reg-
ular troops on the island (about two battalions) armed with machine
guns, mortars, and bazookas. A handful of Vietcong have been con-
tained in one corner of the island. The South Vietnamese flag still flew
over the island on May 12, according to the captain of a South Korean
freighter who picked up 216. of the refugees on May 12. The South Ko-
rean ship was beseiged by about 3, 000 refugees in small boats, but
could only take the above number. The latest reports, as of Tuesday:
say that the free South Vietnamese still control the island.
You have the facilities to check the accuracy of the present sit-
uation. I suggest that you contact Admiral George Anderson of the
Foreign Intelligency Advisory Committee for the information he has
on the matter. U.S. policy can in no way allow these refugees to re-
ceive retribution from the Communists, when they eventually establish
control over the island. I am told that the Secretary of the Navy has
indicated that the U.S. Navy has the logistical capability to remove the
refugees. There is also a large air strip on the island.
A strong diplomatic campaign should be instituted to find other
countries to share the burden of resettlement. I am told that South
SEAL FORD LIBRARY
The President
May 23, 1975
Page two
Korea has indicated that she will take 1, 000 more, in addition to the
1, 000 taken already. I am told that the Counselor of the Chilean Embassy
here has recommended that Chile take 5, 000. Private negotiations are
under way with Brazil to take 20, 000. Furthermore, the Dominican
nuns of Louisville, Kentucky, have said that they will assume respon-
sibility for the support of the 1, 000 orphans. I think that the resettle-
ment problem could be solved; but the urgent need now is to take action
to remove any refugees who want to leave Phou Quoc. I urge you to
take whatever steps are necessary to do SO.
Sincerely,
There Helms
JESSE HELMS:1s
SEAL 2. FORD
Tuesday 5/27/75
2:20 Barry will be checking on these letters; he didn't
have the May 21 letter and we have sent him a copy.
THE WHITE HOUSE
WASHINGTON
Eva:
Check to see
if Borry has
copies of both
these 10 thers,
and ask if he is
has found out how
and by whom they
are being handled
P.
Friday 5/23/75
5:00
Max Friedersdorf just brought in a copy of
the attached letter to the President which
they have just received; it has been sent
to Eloise Frayer for acknowledgment.
JESSE HELMS
NORTH CAROLINA
United States Senate
WASHINGTON, D.C. 20510
May 23, 1975
The President
The White House
Washington, D.C.
Dear Mr. President:
Information which I believe to be reliable has come to me in-
dicating that an estimated 42, 000 South Vietnamese refugees were evac-
uated to Phou Quoc Island and left stranded about 50 miles from Viet-
nam and 30 miles from Cambodia. As of 8:00 AM Tuesday, I am in-
formed, this group included at least 17 clergymen, 300 nuns, and 1, 000
orphans (including hundreds of mixed Vietnamese-American blood who
stand marked for slaughter). There are also a number of high South
Vietnamese officials.
I am also told that there are about 3, 000 South Vietnamese reg-
ular troops on the island (about two battalions) armed with machine
guns, mortars, and bazookas. A handful of Vietcong have been con-
tained in one corner of the island. The South Vietnamese flag still flew
over the island on May 12, according to the captain of a South Korean
freighter who picked up 216 of the refugees on May 12. The South Ko-
rean ship was beseiged by about 3, 000 refugees in small boats, but
could only take the above number. The latest reports, as of Tuesday,
say that the free South Vietnamese still control the island.
You have the facilities to check the accuracy of the present sit-
uation. I suggest that you contact Admiral George Anderson of the
Foreign Intelligency Advisory Committee for the information he has
on the matter. U.S. policy can in no way allow these refugees to re-
ceive retribution from the Communists, when they eventually establish
control over the island. I am told that the Secretary of the Navy has
indicated that the U.S. Navy has the logistical capability to remove the
refugees. There is also a large air strip on the island.
A strong diplomatic campaign should be instituted to find other
countries to share the burden of resettlement. I am told that South
I FOND LIBRARY
The President
May 23, 1975
Page two
Korea has indicated that she will take 1, 000 more, in addition to the
1, 000 taken already. I am told that the Counselor of the Chilean Embassy
here has recommended that Chile take 5, 000. Private negotiations are
under way with Brazil to take 20, 000. Furthermore, the Dominican
nuns of Louisville, Kentucky, have said that they will assume respon-
sibility for the support of the 1, 000 orphans. I think that the resettle-
ment problem could be solved; but the urgent need now is to take action
to remove any refugees who want to leave Phou Quoc. I urge you to
take whatever steps are necessary to do SO.
Sincerely,
Jeose Helms
JESSE HELMS:1s
LARRY P. MCDONALD
COMMITTEE
ARMED SERVICES
703 District, GEORGIA
SUBOOMMITRES:
WASHINGTON OFFICE:
RESEARCH 4 NO DEMPLOPMENT
1641 LINGWORTH House OFFICE BUILDING
WASHINGTON, D.C. 20315
Congress of the United States
SEAPOWER
TELEPHONE: (202) 225-1931
DISTRICT OFFICES:
House of Representatives
advance copy to
191 LAWRENCE STREET
MARIETTA, GEORGIA 30060
@lashington, D.C. 20515
TELEPHONE: (404) 422-4420
Phil Buchen
301 FEDERAL BUILDING
May 21, 1975
RONE, GEORGIA 30161
31
TELEPHONE: (404) 235-1111
soli
ROOM 202 POST OFFICE
ROSSVILLE, GEONGIA 30741
TELEPHONE: (404) 866-2222
Goothy is studing
The Honorable Gerald R. Ford
President of the United States
The White House
Washington, D. C.
Dear Mr. President:
We, the undersigned, having witnessed your forthright
action in the rescue of the MAYAGUEZ and its crew, call
upon you to again exercise your constitutional role of
Commander in Chief of our Armed Forces and chief archi-
tect of our foreign policy. In this regard, we refer
Ane
to the deplorable situation of the refugees on Phu Quoc
Island off South Vietnam.
Our understanding is that there are approximately 42,091
refugees on the island, two thirds of them Catholics,
including some 300 nuns. It is our further understand-
ing that these refugees were brought here by our Navy
when South Vietnam began to crumble. We are informed
that these people are almost out of food, but will
forcibly resist any North Vietnamese landing. Our feel-
ing is that you may already be aware of this matter, but
that Congressional sentiment on the issue has not been
expressed.
Increasingly, the question of who will forcibly repatri-
ate to Communist control comes up and it is our strong
feeling that the United States should take the lead in
this, following the grim lessons of World War II and
Korea in that regard. We should not repeat the horrible
blunder of World War II. Therefore, we strongly recom-
mend that you take whatever steps necessary to rescue
and resettle these unfortunate people. South Korea,
Taiwan, Chile and Canada, we are informed, would accept
them as immigrants. Trust territories in the Pacific
might also be considered as a haven for these people.
/ FORD
The Honorable Gerald R. Ford
Page 2
The number of Members signing this letter is small, but
since time is of the essence attempts to get additional
signatures, which we feel we could secure, were not made.
Your very serious consideration of our views will be
greatly appreciated.
Larry P. M.Doneld
Daw Daine Help M. Crave
Meterine Prive
Eleval
Stone Symms Floyd Spence
John
John I School
Darie C Freen Bo Sinn
Kanya in
Bir Hahnn
Bill Wampler Jain TORD LIBRARY
Joiks
The Honorable Gerald R. Ford
Page 3
Richard c, White
Camoll Hubbard
S Jaylar Kommeth Halland
?
?
Jron He learner Pmper Jimmartim Jim Martin
"lwood Hillis Hilli
D. Waynes
STATE FORD LIBRARY
6/11/75
Mr. Hills
handed this G
wasit w right used not Wnot
Jane -
THE WHITE HOUSE
WASHINGTON
May 31, 1975
MEMORANDUM FOR THE PRESIDENT
FROM:
PHILIP BUCHEN
JOHN MARSH
SUBJECT:
Transfer of Interagency Refugee
Resettlement Task Force
We concur in the recommendation of the Secretary of State
(at Tab A) calling for the transfer of prime responsibility for
the resettlement of refugees from State to HEW, while maintaining
the interagency Task Force at the White House level.
To date, the Task Force has served as an excellent vehicle for
not only coordinating actions by the concerned agencies, but also
in resolving the disputes that have arisen as the result of over-
lapping jurisdictions and the interests of individual agencies. We
remain unconvinced that any of the options offered by Secretary
Weinberger (at Tab B) would be in improvement upon that of
Secretary Kissinger:
Operational activity of this nature, even at the
Task Force level, should not be placed within
the White House. (Ted Marrs and Barry Roth
of our staffs have provided White House overview
and guidance to the Task Force, as necessary.)
OMB remains available to assist in resolving
disputes that might arise, most disputes can
continue to be handled by the Task Force.
Finally, in view of our mutual goal that a
White House Task Force be terminated by the
end of this calendar year, it would be
unnecessarily burdensome and bureaucratic
to formalize it as a special agency.
If you agree with Secretary Kissinger, the central decision
remaining is who should be the Director of the Task Force. Upon
- 2 -
his resignation, Ambassador Brown designated Julia Taft,
Deputy Assistant Secretary for Human Development, HEW,
who had been serving as his deputy, to be the Acting Director
of the Task Force. Due to her relative inexperience and her
lesser stature than Ambassador Brown, some persons have
questioned whether you should appoint her as the new Director.
In view of Secretary Weinberger's request to meet with you
concerning the transfer of the Task Force, we recommend if
such a meeting is necessary that it be held as soon as possible
next week. It should be attended by Secretaries Kissinger and
Weinberger, ourselves, along with Ted Marrs and Barry Roth.
At such a meeting, Secretary Weinberger should be asked to
recommend either Mrs. Taft or someone else for this position,
in order that you can make a decision and the necessary announce-
ment by week's end.
DECISIONS
(1) Follow recommendation of Kissinger, Buchen, Marsh and
Marrs to transfer task force operation to HEW
(2) Follow recommendation of Weinberger to transfer task
force operation to --
White House
OMB
a new agency
(3) Schedule meeting to discuss
THE SECRETARY OF STATE
WASHINGTON
May 14, 1975
CONFIDENTIAL
MEMORANDUM FOR:
THE PRESIDENT
From:
Henry A. Kissinger
Subject:
Transfer of Indochina Task Force
The evacuation of refugees from Indochina has
been essentially completed and, as the flow of refugees
enters the United States, the national security aspects
of the operation are receding.
The time has come to focus on the long term resettle-
ment issues which could be with us as long as one year. I
believe that new organizational arrangements must be estab-
lished to deal with this different set of problems, once
Congress has completed action on your request for funds.
Specifically, I recommend that the Department of
Health, Education and Welfare assume overall responsi-
bility for the resettlement operation, and the operations
of the present Task Force be physically moved to that
Department. In order to ensure high level attention and
inter-agency cooperation in the days ahead, I would further
recommend that the new Task Force remain at the White House
level. This arrangement could be reexamined in six months.
The new Inter-Agency Task Force would include the
interested Departments and Agencies which are presently
working on the problem -- DOD, Justice, INS, Interior,
Labor, HUD, AID and State. State would be charged with
handling the international aspects of resettlement and
State/AID/USIA would continue to provide personnel support
to the reception centers and the Task Force, as determined
by the Director of the Task Force.
If we take this step, I am confident we will have
created the proper mechanism for coping with the resettle-
ment of refugees, which has become an essentially domestic
issue and concern.
DECLASSIFIED
CONFIDENTIAL
MR 95-56, #1 State Hr. 12/10/98
KBH MARA, Date 1/10/96
CONFIDENTIAL
- 2 -
Should you agree to my recommendation, I will
instruct Ambassador L. Dean Brown to make arrangements
for the transfer directly with Secretary Weinberger
with the understanding that HEW will request White
House approval for the new Director of the Task Force.
Recommendation:
That you approve the transfer of responsibility
for the resettlement to the Department of Health,
Education and Welfare, while maintaining the Task
Force at a White House level.
Approve
Disapprove
Attachment:
Draft Presidential Announcement.
CONFIDENTIAL
PRESIDENTIAL ANNOUNCEMENT
I am today appointing
as my Special Representative and Director of the Inter-
Agency Task Force for the resettlement of refugees from
Indochina. The Task Force, which will be located in
the Department of Health, Education and Welfare, will
be responsible for all aspects of the domestic and
international resettlement of refugees from the states
of Indochina. The Task Force director will work under
my direction and in close coordination with the Secretary
of Health, Education and Welfare. His responsibilities
will involve all interested departments of government.
The new Task Force will continue the work which
Ambassador L. Dean Brown launched under my direction.
The resettlement problem now has a decidely domestic
orientation and is no longer primarily a subject of
national security concern.
I wish to congratulate Ambassador Brown and the
Task Force which worked for him for their achievements.
In the short period of a month they successfully super-
vised the evacuation of our Mission in Viet-Nam and
almost 50,000 endangered Vietnamese. About 60,000
- 2 -
other refugees were rescued at sea. Staging areas
in the Pacific were constructed; three reception
centers in the United States prepared; a program of
United States' and third country resettlement was
launched. I would like to express my particular
gratitude to Ambassador Brown and his Task Force
and to our armed forces which responded so quickly
and effectively, often in the face of great danger.
will
THE SECRETARY OF HEALTH. EDUCATION. AND WELFARE
CIGNATURE
WASHINGTON, D.C. 20201
May 17, 1975
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Indo-China Refugee Resettlement Task Force
(Memorandum on the same subject to you from
the Secretary of State).
The Secretary of State has proposed to you that
in view of the essentially domestic character of the
resettlement effort which must now be made through the
summer and fall, the State Department is no longer the
appropriate agency 1.0 lend the task force which has
been developed t. deal with this subject. de sugests
that HEW instead assure the responsibility for leading
the task force; the director of the task force would
remain as a Presicential appointee, u.der the Secretary's
proposal, though I understand that a replacement for
Am'assador Dean Brown will have tu be found.
I agree with Secretar' Kissinger that a Gomestic
orientation of the task force is now appropr. ate. -I
also join him in recommending that a Presidential
amointee lead this effort. I understand that the
staff of the task force is already in place and that
logistical support is ongoing: vist is needed is only
a change in leadership. I believe careful consideration
should be given to identifying a new director and a
new lead agency responsible for coordinating the task
force's activities.
Certainly, Secretary Kissinger's suggestion that
NEW take the read is one option. We are an agency with
direct operating responsibilities across the nation,
and our programs have special relevance to the needs f
the refugees ard the concerns of the communities
receiving them. While we do not deliver many services
directly, we give financial support to virtually every
entity that does. If we were given this responsibility,
we would, of course, do everything we could to carry
it out effectively, as we have attempted to give all
the support needed to he existing task force under
State's leadership.
- 2 -
There are, however, other options which have
advantages of their own and which should be considered.
Three in particular suggest themselves.
- The White House. Obtaining the effective
cooperation of many agencies and the needed
assistance from private organizations can
best be done at this level. Also, the
need to act quickly and the temporary nature
of the program would be emphasized.
- The Office of Management and Budget. This
office has experience in coordinating government-
wide activities. It is in a good position to
arbitrate differences between operating agencies.
- A Special Agency. On the model of the Energy
Agency, this office would have a single mission
to which it could devote all its efforts.
Our objective in this effort is to place virtually
all the refugees in ongoing communities by year's
end. By far the largest number of these placements
will be in the United States. Each of the options
presented, including the HEW option, has its advantages
and drawbacks in achieving this objective. I believe
that all should be considered before a decision is
reached. I would like tc discuss this with you or
your staff prior to a final decision.
bcc: Honorable Theodore Marrs
THE WHITE HOUSE
Refuges
WASHINGTON
July 14, 1975
atty Parole Gen's
authority
MEMORANDUM FOR
The Honorable Edward H. Levi
The Attorney General
Referencing your letter to me of July 11, 1975, your proposal
to initiate consultation with the House and Senate Judiciary
Committees with respect to your authorizing parole for a
limited number of Laotians and new categories of Vietnamese
and Cambodians is consistent with the President's program for
refugees from Southeast Asia. This has been checked with
the appropriate offices in the White House.
Thank you for your. inquiry.
T.W.B.
Philip W. Buchen
Counsel to the President
bcc: Paul O'Neill
Jim Cavanaugh
General Scowcroft
Ted Marrs
Bob Wolthius
OF
Office of the Attorney General
PRIO
Washington, n. C. 20530
JUSTITIA
*
7
July 11, 1975
The Honorable Philip Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
As you know, I have in the recent past exer-
cised the parole authority vested in the Attorney
General to authorize the entry to the United States
of up to 150, 000 Vietnamese and Cambodian refugees
who meet certain criteria, with the understanding
that not more than 130,000 of them were likely to be
permanently resettled in the United States; the present
eligibility criteria for parole is set forth at Tab A.
I am informed that approximately 131,000 refugees have
now entered the United States refugee system, about
114, 000 of whom are expected to be permanently re-
settled in the United States.
We have recently received several requests to ex-
pand the categories of Indochinese refugees eligible
for parole. The Department of State has requested that
parole be granted for up to 3,000 Laotian refugees (Tab B).
The Interagency Task Force for Indochina Refugees has,
with the approval of the Department of State, asked that
parole be granted for a substantial portion of the approxi-
mately 20,000 Vietnamese and Cambodian refugees stranded
abroad and not presently eligible for parole (Tab C).
Senators Mansfield and Scott have made a similar request
(Tab D). We are informed that if parole is authorized
for these groups, the number of refugees entering the
United States system will remain below 150,000 and the
number being permanently resettled is expected to remain
within the range of 130,000 contemplated earlier.
The Department of Justice is favorably disposed to-
ward the foregoing proposals with several clarifications
and modifications which we understand are acceptable to
- 2 -
the Interagency Task Force and the Department of
State. However, they are in essence requests for
parole of classes of refugees. As you know, the
Department of Justice typically seeks policy guidance
from the President and consults with House and Senate
Judiciary Committees prior to making a decision on such
requests. Thus, we would appreciate being advised whether
authorizing parole for a limited number of Laotians and
expanded categories of Vietnamese and Cambodians would
be within or consistent with the President's program
for Indochina refugees.
We appreciate your assistance in this matter.
Sincerely,
Eqward H. Lev Edward H. Levi
Attorney General
Indochina Parole Authorizations
as of July 10, 1975
1.
2,200 orphans from Vietnam and Cambodia (April 2, 1975)
2.
3,000 relatives of U. S. citizens located in Vietnam
(April 14, 1975)
3.
3,000 Vietnamese relatives of U. S. citizens and perma-
nent resident aliens for whom petitions had been filed
(April 21, 1975)
4.
10,000 - 75,000 Vietnamese relatives of U. S. citizens
and permanent resident aliens (April 22, 1975)
5.
1,000 Cambodians evacuated by the U.S. in Thailand
(April 22, 1975)
6.
5,000 Cambodians in third countries facing expulsion
(April 22, 1975)
7.
50,000 "high risk" Vietnamese who would because of their
association with the U.S. be endangered if left in Viet-
nam (April 22, 1975)
8.
69,000 Vietnamese self-evacuated by sea (May 8, 1975)
9.
3,000 Vietnamese and Cambodians who fled to third countries
after the fall of their governments (May 8, 1975)
10.
Vietnamese in third countries facing expulsion (May 8, 1975)
Congress was informed that the U. S. was prepared to
accept up to 150,000 refugees in the foregoing categories,
although it was expected that not more than 130,000
would permanently resettle in the U. S.
THE DEPUTY SECRETARY OF STATE
WASHINGTON
CONFIDENTIAL
June 21, 1975
Dear Mr. Attorney General:
As a result of recent communist Pathet Lao moves to
increase their power in Laos, over 12,000 Lao, including
some 10,000 Meo tribesmen, have taken refuge in Thailand.
About 550 of these refugees are key indigenous personnel
and US Government employees, who have good reason to fear
persecution if they return to Laos and have therefore al-
ready requested asylum in the US. Our Embassy in Vientiane
estimates that eventually this number may increase to
1500 Lao refugees who seek asylum in the US. There
are also Lao diplomats, students and others in the US and
third countries, some of whom have similarly expressed
fear of persecution if they return to Laos. We estimate
that the number in third countries who may eventually
apply for asylum in the US will not exceed an additional
1500 persons. At the same time the Royal Thai Government
has given some indication of its willingness to resettle
the bulk of the 10,000 Meo tribesmen in Thailand if we
provide assistance for this purpose.
Most of the Lao who have fled the country are key
civilian and military officials of the Provisional Govern-
ment of National Union who had long been associated with
US Government officials and had opposed efforts by the
communist Pathet Lao to take over control in Laos. Many
are US trained. Some of these officials fled in fear that
they might be assassinated or, at the least, would be forced
out of their jobs. Others fled after being forced by "peo-
ple's courts" in several ministries to submit their resig-
nations. The Pathet Lao have already denounced those who
have fled as traitors who are plotting a coup to return to
power. The PL have also confiscated the property of several
leaders who have fled and are conducting "indoctrination"
The Honorable
Edward H. Levi,
Attorney General.
JUN 23 1975
CONFIDENTIAL
ATTORNEY GENERAL
OFFICE RECEIVED OF THE
GDS
DECLASSIFIED
E.O. 12356, Sec. 3.4.
MR 98-2,#1; State letter 8/25/75
By let NARA, Date 10/20/98
CONFIDENTIAL
- 2 -
sessions for those who were ousted from their jobs but did
not leave the country.
Several key US Government employees, such as the Lao
political assistant at the Embassy, have also fled for fear
of Pathet Lao persecution. Others who remain in Laos have
been warned to stop working for Americans. Several Lao
diplomats and military trainees in the US have also asked
for asylum here because they fear returning to a communist
dominated Laos.
We anticipate that additional Lao leaders and US Govern-
ment employees will leave Laos in the near future because
of continuing harassment by the Pathet Lao.
I believe that the United States has the same obliga-
tion to those Lao with whom we were closely associated as
we did to Vietnamese and Cambodian refugees. The numbers
of Lao are far smaller, however. There are indications that
the Government of Thailand may not permit some Lao refugees
to remain permanently in Thailand and will move to expel
them. Because the Government of Thailand has not signed
the Convention or Protocol Relating to the Status of Refu-
gees, it is reluctant to work with the United Nations High
Commissioner for Refugees, and that organization has been
generally ineffective in resettling refugees located in
Thailand.
As a result of this situation, we believe that a limited
parole program for Lao refugees is necessary. We do not
know how many local employees and key indigenous personnel
will succeed in leaving Laos, or how many in other countries
will require resettlement in the United States. We estimate,
however, that the total number of parolees will not exceed
3000. Therefore, I am requesting that you agree to imple-
ment as soon as possible a program to parole into the United
States on an individual case by case basis these Lao refu-
gees. To the fullest extent possible, we would attempt to
involve other governments and international organizations
in the resettlement efforts.
I recognize the desirability of informing the Congress
about our plans to parole Lao into the United States. I
propose that representatives from our respective Depart-
ments jointly appear in executive session before the appro-
CONFIDENTIAL
CONTRIDENTIAL
- 3 -
priate Congressional committees. During these meetings
we should stress the need for confidentiality because
of the delicate state of our present diplomatic relations
with the Lao Provisional Government of National Union.
Although we recognize that a parole program is
likely to become public, we would hope to keep the entire
operation as low-key as possible because of our continuing
relations with the Lao government. We would depend on
the Intergovernmental Committee for European Migration (ICEM)
to move these people and on voluntary agencies to assist
in their processing and resettlement.
As always, I am appreciative of your cooperation in
matters of mutual interest.
Robert Sincerely, Robert S. Ingersoll Xymall
CONFIDENTIAL
HUGH SCOTT
PENNSYLVANIA
United States Senate
OFFICE OF THE MINORITY LEADER
WASHINGTON, D.C. 20510
June 17, 1975
RECEIVED
Honorable Edward H. Levi
Attorney General
JUN 23 1975
Department of Justice
Constitution Avenue
Washington, D. C. 20530
O.L.A.
Dear Attorney General Levi:
We are writing on a matter of grave concern. In
the confusion of flight, many refugees from Cambodia and
Vietnam found themselves in Asian countries which were
not prepared to assume the responsibility of resettling
them.
The Congress properly questioned the unilateral
acceptance of refugees. We are satisfied that reasonable
attempts were made by the Secretary of State to resettle
the refugees in other nations.
While we would like to have seen greater international
participation in this great humanitarian undertaking, we think
that the overriding concern is the well being of the refugees.
We, therefore, request that you exercise your parole
authority to allow the Vietnamese and Cambodian refugees to
enter the United States for the purpose of resettlement.
Thank you for your full consideration of this problem.
Sincerely,
mike
High kcott Hugh Scott
Mike
AFFAIRS
Majority Leader
Republican Leader
DEPARTMENT
IMMIR
&
21
20
OFFICE or
RC.
INTERAGENCY TASK FORCE FOR INDOCHINA
DEPARTMENT OF STATE
WASHINGTON, D.C. 20520
July 8, 1975
Confidential
Honorable Edward H. Levi
Attorney General
Department of Justice
Washington, D.C. 20530
Dear Attorney General Levi:
We are at a point where we should immediately consider
the plight of those residual numbers of Vietnamese and
Cambodian escapees stranded in third countries in Asia
and elsewhere who are unable to enter the United States
under the current parole program. These residual numbers,
which I shall describe in greater detail below, are those
who, unaided by us, escaped their homelands during the
period of the general evacuation of Vietnam and Cambodia,
who have been unable to find resettlement in the country
of first refuge or who have been unable to go on to third
countries.
With over two months having elapsed since the collapse of
the non-communist governments in Vietnam and Cambodia, we
have a clearer appreciation of the total magnitude of the
problem since the period when you first authorized the
entry of some 50,000 "high-risk" Vietnamese, an equivalent
number of relatives of U.S. citizens and permanent resident
aliens, 5,000 Cambodians stranded in third countries and
several other groups subsumed under a total ceiling of
150,000 refugees to be accepted into the United States.
It was understood that an effort would be made to resettle
abroad as many as 20,000 of the 150,000 refugees. I
believe that with the potential of resettlement and
repatriation together we will be able to realize and
possibly exceed the promise to resettle 20,000 refugees
abroad. Nevertheless, our information indicates there may
be as many as 10,000 Vietnamese and an additional 7-9,000
Cambodians among those stranded abroad in addition to the
130,000 that we have accepted into our system and in excess
of those accepted already by third countries such as France,
Canada, Germany, Holland, Denmark, Australia, New Zealand,
Columbia and Taiwan. With the exception of some Cambodians
CONFIDENTIAL
G.D.S.
MR95-56,#2 State Hr. 12/1/95
KBH NARA, Date 1/10/96
- 2 -
CONF IDENTIAL
who fled across the border to Thailand after the fall of
Phnom Penh, these residual numbers for the most part appear
to have little possibility of being absorbed into the
societies where they chanced to land.
I believe that a commitment on our part to take a substantial
portion of those who are not now eligible for parole would
not add appreciably to the total numbers we now have in our
system since they should be offset by the promises of France
to eventually take as many as 15,000 and Canada to take as
many as 14,000 of the refugees. This would be fully in line
with the sentiments expressed by Senators Mansfield and Scott
in their letters of June 18 to you and to Secretary Kissinger.
Moreover, such a commitment in advance of actual parole would
serve to alleviate the harsh physical conditions now being
borne by refugees in many internment areas. Further, it could
be implemented in such a manner as not to prejudice or inhibit
the efforts of other countries to accept a significant share
of these refugees.
Briefly, the current distribution of Vietnamese and Cambodian
refugees outside the U.S. system is as follows:
Thailand: We estimate that there are some 4,500 Vietnamese
in Thailand who arrived by small craft following the collapse
of the Government of Vietnam. About one half of these may
already be eligible for parole into the U.S. on the basis of
previous criteria. There are additionally an estimated 7-9,000
Cambodians who crossed the frontier following the Cambodian
Communist-takeover of Phnom Penh. The Royal Thai Government,
concerned over the new political-military situation on its
borders, has not welcomed the refugees with open arms and, in fact,
some Thai officials have exploited them, and in some cases,
threatened forced repatriation. The Thai Deputy Prime Minister,
however, has recently stated publicly that, since some Cambodians
who had returned to their country had been executed, the Royal
Thai Government would not force those remaining in Thailand to
return. He made no commitment, however, to resettle them in
Thailand.
Malaysia-Singapore: A number of Vietnamese who were turned away
by Thailand have made their way south along the Malay
Peninsula with as many as 3,000 interned off the coast and
about 1,000 in Singapore. About one-half of this total,
about 2,000, may now be eligible for U.S. parole under
present criteria. However, it is quite clear that the local
CONFIDENTIAL
-3-
CONFIDENTIAL
governments will not absorb the Vietnamese and Cambodians
for resettlement and, in fact, they are only barely meet-
ing accepted standards of humane treatment. In the
particular case of Singapore, a stream of over 12,000
refugees has been turned away in the past eight weeks and
directed elsewhere, principally towards the U.S. base at
Subic Bay in the Philippines and toward Guam. Those
refugees that remain in this area lack vessels large
enough to proceed to U.S. ports.
Hong Kong: As you may know, the INS has screened over
4,200 refugees in Hong Kong and has determined that 1,300
qualify for U.S. parole under current criteria. We under-
stand that France, Belgium, and Canada, among others, will
undertake to resettle 2,000, which will leave something
less than 1,000 refugees in Hong Kong.
Taiwan: The Republic of China has absorbed 1,400 of its
own citizens who carried dual nationality in Vietnam. We
have accepted some 300 for parole from those who reached
Taiwan.
Korea: The ROK when it evacuated Vietnam carried more than
1,000 Vietnamese refugees to Korea. They have been screened
by our Embassy with the result that some 550 have been found
eligible for parcle, leaving more than 400 who are not
eligible under present criteria.
Europe: The bulk of Vietnamese and Cambodian refugees in
Europe are in France, a natural haven for those with
families there or other ties such as education or business.
The GOF has indicated to us that it will accept up to 15,000
Vietnamese and Cambodians but will wish to proceed slowly for
internal political reasons.
Germany, the United Kingdom, Greece and Italy have indicated
that Vietnamese and Cambodians located there at the fall of
the governments will be able to remain. Belgium and the
Netherlands, for example, have committed themselves to accept
refugees (The Netherlands may take 200; Belgium will take
increments of 150 and will accept. all Vietnamese with family
ties.)
Canada: In addition to permitting the entry of those Viet-
namese and Cambodians with relatives in Canada, the GOC has
CONFIDENTIAL
-4-
CONF IDENTIAL
stated that it will take 3,000 more refugees now with-
in an overall ceiling of 14,000. Canadian immigration
and consular officials are working within U.S. reception
centers.
Latin America-Africa: Several Latin American countries
have made direct commitments to receive small numbers of
Vietnamese refugees. We believe the ultimate prospects
as well as in several former French West African territor-
ies are good. However, these may materialize only after
a period of time has elapsed, governments have had a
chance to prepare plans and the international political
ramifications of the migration have become clearer.
Other Countries: Several other countries have indicated
their willingness to accept those Vietnamese and Cambod-
ians who were caught within their borders. This may total
in excess of 1,000.
I believe that there is significant public and Congressional
support for broadening the criteria for parole. In addition
to the letter to you and Secretary Kissinger from the joint
leadership of the Senate, a significant number of public
queries have come to our attention through Congressional
offices. This channel has particularly expressed concern
for the reunification of students in the U.S. and their
refugee relatives not now eligible for parole. You are
also aware of the interest of the representatives of the
National Conference of Catholic Bishops who mentioned the
issue of refugees stranded abroad to President Ford on
June 18.
Therefore, for compelling humanitarian reasons, fully consis-
tent with our actions in the past two months and consistent
with our traditional international posture concerning
refugees, I recommend that you authorize the entry of
additional numbers of Vietnamese and Cambodians now outside
their countries who have not been accepted thus far for
resettlement in other countries. We understand, from our
informal discussions with General Chapman, that it would be
preferable to have two basic criteria, those who are
vulnerable or have family relationship, for selecting those
additional refugees to be brought in. We believe the inter-
pretation of vulnerable and relationship should include the
following:
CONFIDENTIAL
- 5 -
CONFIDENTIAL
-- Refugees with relatives in the United States, including
members of extended families without regard to current
citizenship or residence status.
-- Refugees with sponsors in the United States.
-- Refugees who were civil servants or officers or non-
commissioned officers in the armed forces of Vietnam
and Cambodia.
-- Refugees whose political support for the former regimes
of Vietnam or Cambodia would cause them to suffer reprisals
if returned home or who are a political liability to the
country of refuge.
-- Refugees with former U.S. educational connections or who
were employees or agents of American firms.
-- Third country nationals, who were residents of Vietnam
or Cambodia who have Vietnamese or Cambodian families in
the U.S. system.
-- Refugees who worked for the U.S. Government or its agents
within the last five years.
These criteria would be restricted to Vietnamese and Cambodians
who left their countries in the period March 15-July 1, 1975,
and their relatives who were stranded abroad by the collapse
of the governments of Vietnam and Cambodia. Those who apply
following the July 1, 1975, cut-off would be reviewed under
the standard refugee asylum procedure available for normal
circumstances. Furthermore, all statutory and administrative
requirements for clearance would be followed except for those
of public charge, labor certification, birth, marriage and
police certificates from Indochina and travel documents. All
processing would be accomplished abroad and each case would
be reviewed on a case-by-case basis.
Because of our experience in this effort to date, it should
be understood that it will not be required that individuals
will have attempted to settle in the country of first refuge
or sought other international assistance before being entitled
to parole. On the other hand, it is understood that an indi-
vidual who has been accepted by a third country for refuge
will not be eligible for the parole program.
The additional numbers of refugees admitted under these broad-
ened criteria would not, however, mean an increase in the
CONF IDENTIAL
-6-
CONFIDENTIAL
in the number of refugees being permanently resettled in
the U.S.
If you concur in this recommendation, the Task Force staff,
in concert with INS, will work out the implementation in
such a manner as not to impair potential resettlement by
other governments but in a way that will alleviate human
suffering. I suggest that we consult jointly with the
appropriate bodies of Congress in order that we may move
to resolve this problem as quickly as possible.
In conclusion, we will, in consultations, be able to note
that the numbers of refugees that we will receive under
the present parole criteria, as well as the 3,000-5,000
refugees we will accept from Laos, should not exceed
significantly the total of 130,000 we originally informed
Congress we expected resettle in the U.S. I am enclosing
a statistical estimate which supports this conclusion.
Sincerely yours,
Julia Vadala Faft
Julia Vadala Taft
Director
Interagency Task Force
Attachment
CONFIDENTIAL
Attachment A
CONFIDENTIAL
Present Estimate of Refugee Flow
130,616
Currently in US System
-2,325
Repatriation
-4,536
Moved already to Third Countries
123,755
-10,000
Estimated potential from US
to Third Countries
113,755
+12,000
Estimated Intake from S.E. Asia
and Third Countries
125,755
+3,000 - 5,000
LAO
128,755
TOTAL
Total expected range
128,500 - 131,500
CONFIDENTIAL
THE WHITE HOUSE
WASHINGTON
July 17, 1975
MEMORANDUM FOR:
JIM CONNOR
FROM:
PHIL BUCHEN
P.W.B.
SUBJECT:
Memorandum from Henry Kissinger
and James Lynn re: Indochina
Refugees in Thailand dated July 16, 1975
With respect to the above-described memorandum, the only
question requiring the President's attention at this time is the
Presidential Determination (the first paragraph of the memorandum
and the first recommendation). The budget revision does not
require the President's approval. As to support for the Meo tribes-
men, NSC should request the appropriate agencies to develop the
necessary plan by August 15 without bringing the issue to the President
at this time.
I also recommend the addition of the following paragraphs at the
end of the Presidential Determination:
"The Secretary of State is requested to inform the
appropriate Committees of the Congress of this
Determinarion. 11
"This Determination shall be published in the Federal
Register. "
The NSC staff has informally advised my office that they have no
problem with these additions. NSC also indicated that the initial
Presidential Determination, 75-13, does not require continued
classification, and they will make sure that it is published prior
to or concurrently with the new Determination.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
July 16, 1975
FOR ACTION:
CC (for information):
Jack Marsh
Phil Buchen
FROM THE STAFF SECRETARY
DUE: Date:
July 17, 1975
Time:
NOON
SUBJECT:
Memorandum from Henry Kissinger and
James Lynn re Indochina Refugees in Thailand
dated July 16, 1975.
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
This is 2 HIGH PRIORITY item --- please give it
a quick turn-around.
SECRET ATTACHMENT
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have onv questions or if you enticipate a
delay in submitting the required material. please
Jim Connor
ITEM WITHDRAWAL SHEET
WITHDRAWAL ID 01296
Collection/Series/Folder ID
: 001900566
Reason for Withdrawal
:
NS, National security restriction
Type of Material
:
MEM, Memo (s)
Creator's Name
:
Henry Kissinger and James Lynn
Receiver's Name
: President
Description
:
re Indochina refugees in Thailand
Creation Date
: 07/16/1975
Volume (pages)
: 2
Date Withdrawn
: 06/27/1988
sanitized 10/98 let.
SECRET
4303
GDS
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
July 16, 1975
MEMORANDUM FOR:
THE PRESIDENT
FROM:
HENRY A KISSINGER
JAMES L. LYNN
SUBJECT:
Indochina Refugees in Thailand
Deputy Secretary Ingersoll requests that you determine that refugees
from Laos be eligible to receive U.S. assistance under the authority
of the Migration and Refugee Assistance Act. The State Department
would utilize up to $3 million of the $5 million you authorized on
April 8, 1975, to be devoted to Cambodian and Vietnamese refugees for
use in resettling up to 3,000 ethnic Lao refugees, some in the United
States. This determination is necessary to provide funding flexibility
for these ethnic Lao.
However, you should be sware that this group is only part of a larger
problem of refugees in Thailand. In addition to the ethnic Lao there are
Vietnamese, Cambodians. and an estimated 23,000 Meo tribesmen from Laos
now in Thailand.
You my wish to discuss this problem with John Marsh.
However,
direct U.S. Government
grants to voluntary agencies or the Thai Government or to the UN High
Commissioner for Refugees) have not been systematically explored within
the U.S. Government or with the Thai.
E0 12958 1.6(d)(1)>10<25Yrs
(C)
the U.S. has a clear moral obligation to assist
these people. However, we believe that a definitive plan for the
permanent resolution of the Lao refugee problem is urgently needed in
view of the potential problems which may arise.
ED 12958 1.6(d){1}>10<25Yrs
(C)
Recommendations
(1) That you sign the Presidential Determination which will permit
the resettlement of up to 3,000 ethnic Lao. (Tab A)
DECLASSIFIED E.O. 12958 Sec. 3.6
With PORTIONS EXEMPTED
GDS
E.O. 12958 Sec. 1.5 (c)
MR98-3,#2;
letter 10/6/98
By let NARA, Date 10/20/98
SECRET
GDS
2
(2) Approve
up to $2
million for interim support to the Meo pending development
of the definitive plan.
EO 12958 1.6(d)[1]>10<25Yrs
(C)
Approve
Disapprove
(3) Request that the Secretary of State, in consultation with other
affected agencies, prepare by August 15 a plan for the resettle-
ment of the Meo refugees in Thailand.
Approve
Disapprove
1
GDS
Presidential Determination
No.
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR:
THE SECRETARY OF STATE
SUBJECT:
Determination pursuant to
Section 2 (b) (2) of the Migration
and Refugee Assistance Act of
1962 as amended (The Act) to
authorize assistance to Lao
refugees as a class with funds
made available under Presidential
Determination No. 75-13 April 8,
1975.
In order to meet unexpected urgent refugee relief needs
arising in connection with events in Laos, I hereby
determine pursuant to Section 2 (b) (2) of the Act that
assistance to the following categories of persons will
contribute to the foreign policy interests of the United
States:
(i) persons who because of a well-founded fear
of persecution on account of race, religion,
nationality, political opinion, or membership
in a particular social group. leave Laos, and
are either Lao nationals, non-Lao aliens habitually
resident in Laos, or. other non-Lao aliens not
habitually resident in Laos but present there
as direct or indirect employees of the United
States Government or its allies; and
(ii) Lao nationals who are outside Laos and
cannot return because of a well-founded fear of
persecution on account of race, religion,
nationality, political opinion, or membership
in a particular social group.
I further determine that funds made available to the
Department of State under Presidential Determination 75-13
can be used for assistance to Lao refugees.
THE DEPUTY SECRETARY OF STATE
WASHINGTON
June 21, 1975
COVANDENTIAL
MEMORANDUM FOR:
THE PRESIDENT
From:
Robert S. Ingersoll asl
Subject:
Presidential Determination to
Assist Lao Refugees
As a result of the recent communist Pathet Lao moves to
increase their control in Laos, over 12,000 Lao have taken
refuge in Thailand. About 10,000 of these are Meo hill
tribèsmen whom the Royal Thai Government has indicated that it
might be willing to resettle in Thailand, if the United States
Government provides financial assistance to do so. There are
also about 550 former key civilian and military officials and
employees of the United States Government and their families in
Thailand who have already requested asylum in the United States.
Our Embassy in Vientiane expects that this number may eventually
rise to 1,500. We also anticipate that there may be up to
1,500 Lao diplomats, students, and others in other countries who
will also eventually request asylum in the United States. This
would bring the total of those throughout the world requesting
such asylum to 3,000.
These refugees will require temporary subsistence, trans-
portation and resettlement assistance. We propose that the
U.S. be generous in helping these people. Because of the
sensitivity of U.S. relations with the Lao Provisional Government
of National Union, we plan to provide assistance to the Lao
refugees through international agencies such as the International
Committee of the Red Cress or an international voluntary agency,
such as the Catholic CARITAS, the World Council of Churches,
etc. Assistance to this category of refugees will help improve
our relations with the Royal Thai Government and contribute to
the foreign policy interests of the United States.
Presently there are no funds appropriated nor available to
assist Lao refugees. Both Presidential Determination 75-13
and the Indochinese Migration and Refugee Assistance Act of
1975 limited assistance to refugees from Cambodia and South
Vietnam. Initial assistance of up to three million dollars
DECLASSIFIED
CONFIDENTIAL
E.O. 12356, Sec. 3.4.
GDS
MR98-2,*3; State letter 8/25/98
By
let
NARA,
Date
10/20/98
CONFIDENTIAL
- 2 -
($3,000,000), however, can be provided through a Presidential
Determination under the Migration and Refugee Assistance
Act, Section 2 (b) (2) to authorize assistance to Lao refugees
as a class. Additional requirements which should be minimal
when compared to needs for Vietnamese refugees can be addressed
by a future Presidential Determination in Fiscal year 1976
or by a separate appropriation request.
In addition, in order to permit the entry into the US
of the Lao who have requested asylum here, I have sent a
letter to the Attorney General requesting that he approve
the parole into the US on an individual basis of up to 3,000
Lao refugees.
Recommendation
That you sign the attached Amendment to Presidential
Determination 75-13 authorizing the Department of State to
use up to three million dollars of funds made available by
that Determination for refugees from Laos.
Attachment:
Presidential Determination
CONFIDENTIAL
THE WHITE HOUSE
WASHINGTON
Refugues
August 25, 1975
Dear John:
Thank you very much for sending me materials concerning
the case on appeal in the Ninth Circuit which deals with the
rights of Vietnamese children transported to the United States
in "Operation Babylift. " The papers have been reviewed by
Mrs. Kilberg on our staff. While we are sympathetic to the
points raised by the appellants in this case, we do not think
it appropriate to urge from the White House a change in
policy for proceeding differently from the requirements
imposed by the Federal District Court.
I realize that this answer will not satisfy the man who has
been communicating with you on the subject, but I believe it
is the only appropriate answer I can provide.
Sincerely,
Thil
Philip W. Buchen
Counsel to the President
The Honorable John Steketee
Judge of Probate
Kent County Juvenile Court
1501 Cedar Street, N. E.
Grand Rapids, Michigan 49503